Posted on 10/25/2010 1:45:12 PM PDT by Cindy
NOTE The following text is a quote:
IMMEDIATE RELEASE No. 972-10 October 25, 2010
Detainee Pleads Guilty at Military Commission Hearing
The Department of Defense announced that Omar Khadr pleaded guilty today in a military commission. In accordance with a pre-trial agreement, Khadr admitted, in open court, to committing murder in violation of the law of war, attempted murder in violation of the law of war, providing material support to terrorism, conspiracy, and spying. His sentence will be determined at a hearing that begins Oct. 26.
Khadr admitted to throwing a grenade on July 27, 2002, that killed Sgt. 1st Class Christopher Speer after the conclusion of a four-hour firefight between al Qaeda affiliated forces and U.S. military forces, and that he threw the grenade with the intent of killing American or coalition forces. Khadr also admitted that in the months prior to his murder of Speer, he converted landmines to improvised explosive devices (IEDs) and assisted in the planting of ten IEDs with the intent of killing American forces.
In all cases tried by a military commission, the military judge has the duty to ensure the guilty plea is both supported by the facts and voluntarily made before accepting the guilty plea. In this case, Military Judge Col. Patrick Parrish, questioned Khadr at length about his actions and his understanding of his plea. Parrish then indicated that he was satisfied that Khadr understood his rights, the plea was voluntary, and that Khadr did in fact commit the acts that constitute the offenses as charged. This requirement for questioning the underlying facts and voluntariness of the plea safeguards the rights of the accused and guarantees the legitimacy of the plea. Khadr was assisted by two appointed military defense counsel, at no cost to him.
In all military commissions, a panel of military officers known as “members” determines the sentence, regardless of whether the plea was guilty or not guilty. At a hearing scheduled to begin tomorrow, the defense and prosecution will each have an opportunity to present evidence and argument to the members to aid them in determining a sentence.
Under the pre-trial agreement, Khadr agreed to waive his right to trial and plead guilty to the charged offenses in exchange for a limitation on his sentence. Parrish questioned Khadr and determined that he entered into the agreement voluntarily and believed it was in his best interests. In order to preserve the integrity of the sentencing deliberations, the terms of the agreement are not disclosed to the members until after the sentence is announced.
NOTE The following text is a quote:
www.defense.gov/releases/release.aspx?releaseid=15592
IMMEDIATE RELEASE No. 784-12
September 29, 2012
Detainee Transfer Announced
The Department of Defense announced today that Omar Ahmed Khadr was transferred from the detention facility at Naval Station Guantanamo Bay, Cuba to Canada.
Omar Khadr pleaded guilty, pursuant to a pre-trial agreement in a military commission, to murder in violation of the law of war, attempted murder in violation of the law of war, conspiracy, providing material support for terrorism, and spying.
Pursuant to the pre-trial agreement, the convening authority approved an eight-year sentence of confinement. The pre-trial agreement specifies that one year of confinement must be served in the custody and control of the United States, and that Khadr could be transferred to Canada to serve the remainder of his sentence in accordance with Canadian law.
The United States Government has returned Khadr to Canada where he will serve out his remaining sentence. The United States coordinated with the government of Canada regarding appropriate security and humane treatment measures. In accordance with statutory reporting requirements, the administration informed Congress of its intent to transfer Khadr to Canada.
Documents related to Khadr’s military commission proceedings are available on the Office of Military Commissions website at http://www.mc.mil/ .
Today, 166 detainees remain in detention at Guantanamo Bay.
H/T Blogs:
http://www.newenglishreview.org/blog_display.cfm/blog_id/51141
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“Omar Khadr war-crimes appeal in U.S. hits ‘troubling’ legal snag”
BY COLIN PERKEL, THE CANADIAN PRESS NOVEMBER 22, 2013
SNIPPET: “TORONTO - An American military court has thrown a wrench into an attempt by former Guantanamo Bay prisoner Omar Khadr to appeal his war-crimes convictions, The Canadian Press has learned.
In an order his lawyer called unprecedented, the Court of Military Commission Review has told both sides to file arguments only on whether the court has the authority to hear the appeal.”
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