woensdag 12 juli 2017

Canada and the Omar Khadr Case

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Viral Facebook Post Rips Right-Wing Arguments Against Omar Khadr Settlement

"Do you believe that you, as a Canadian, have the right to be presumed innocent, until proven guilty, as well as the right to a fair and quick trial?"
"Presuming Khadr's guilt, with no evidence and without trial, is precisely what the terrorists want to do to Canada," wrote Canadian entrepreneur Ben Feral Selinger. (Photo: Elvert Barnes/flickr/cc)

A Canadian entrepreneur has some striking words for right-wing politicians, pundits, and citizens who have argued that the Canadian government's decision to settle with and apologize to Omar Khadr—a Canadian citizen who was detained by the United States at age 15 and subsequently spent 10 years at Guantanamo—is tantamount to compensating "a terrorist."
In a recent Facebook post that quickly went viral, Ben Feral Selinger confronted those denouncing the settlement, calling their arguments "willfully ignorant and hypocritical."
Following the introduction of crucial background information—like the fact that Khadr was detained for years without charge, denied access to a lawyer, and tortured—Selinger highlighted the hypocrisy of those who presume Khadr is guilty of the charges leveled against him despite the fact that there was no fair trial.
"Do you believe that you, as a Canadian, have the right to be presumed innocent, until proven guilty, as well as the right to a fair and quick trial?" Selinger asked.
Khadr pleaded guilty to a number of charges in 2010, but Canada's Supreme Court later ruled that the guilty plea was obtained under "oppressive circumstances."
"Seriously consider this," Selinger wrote. "Do you believe you have, as a Canadian, the inalienable right to everything laid out in the Canadian Charter of Rights and Freedoms?"
He continued:
If you do, but still think Khadr does not, because he is a terrorist, let me ask you; "How do you know he is guilty?" There was no trial for 10 years, and he was only offered a trial on the condition that he plead guilty. How do we, as Canadians, determine guilt? Have you read and understood the Charter of Rights and Freedoms? Its entire purpose is precisely to ensure that what happened to Khadr, is not allowed to happen. Period.
Now I know many of you still can't get past the "but he's a traitor so he doesn't deserve a trial" even though neither you, nor me, nor the U.S. or Canadian government were able to provide ANY evidence whatsoever, of his guilt (no evidence was submitted during his trial, presumably because none exists), but that doesn't matter. Let me explain the problem to you.
You are worried that terrorists are trying to take away your freedoms as a Canadian right? They're trying to force their way of life upon us and we as Canadians, won't stand for that right?
Do you see where I'm going here? Presuming Khadr's guilt, with no evidence and without trial, is precisely what the terrorists want to do to Canada. Isn't that your concern? Does it not strike you then, that by saying that Khadr doesn't deserve a fair trial because he is a terrorist, with absolutely no evidence, nor a trial to prove the charges, that you are doing precisely what you are worried the terrorists are trying to do do us? A presumption of guilt, no trial, a decade of detention and torture. Is that not EXACTLY what you are worried terrorists are trying to do to us?
Rights groups celebrated the Canadian government's decision to apologize to Khadr. Amnesty International called the move "welcome and long overdue."
Moazzam Begg, a British man who was compensated by the United Kingdom after being detained and tortured at Guantanamo for close to three years, likewise applauded the settlement.
"The nation shouldn't be upset about issuing an apology for something that's right," Begg said in an interview with The Canadian Press. "If people are getting upset about that, I think they need to revisit what their morals and values are about."
Read Selinger's Facebook post in full:
"Okay, I'm fucking sick of the idiocy and done with writing a diatribe every single time a friend posts about how they're upset that Trudeau is giving a terrorist $10m. You people are.... willfully ignorant and hypocritical. Here's why. (And I thoroughly suggest reading the entire post. If you know me, you know I'm neither stupid, nor an apologist. I am pure fucking science, and this post is such. Read it before making an ass of yourself by posting about how we just gave a terrorist money).
The story (the facts we know).
  • Canadian born Khadr was taken to Afghanistan at age 9, by his father. We don't know if he wanted to go, and we don't know why they went. There has been zero evidence put forth to suggest the trip had anything to do with terrorism. Regardless, as he was only 9, he had no choice in the matter.
  • Khadr, aged 15, was found in critical condition following a firefight. The mission debrief report filed by the U.S. troops stated that a middle aged man threw a grenade, which killed one US soldier. The grenadier was shot in the head and confirmed killed.
  • Khadr was taken to Guantanamo Bay prison. No charges were filed against him at that time.
  • Several years later, formal charges were filed. These charges were technically not even charges of war crimes, as if they were true, Khadr would be considered an enemy combatant during a time of war, and thus everything he was accused of doing, was legal under rules of engagement. He was denied access to a lawyer at this point and no trial date was set. He was held in detention and tortured for nearly 10 years.
  • Nearly a decade later, an addendum to the original mission debrief was submitted, which identified the grenadier as Khadr by name. The original report was not rescinded. No one knows who made the addendum. No U.S. personnel present during the firefight confirms the addendum. (at least I've not been able to find any).
  • A week later, Khadr is offered a plea deal. The terms of the deal were to admit guilt to all charges and serve a few more years in a Canadian prison, or refuse to admit guilt and be denied trial indefinitely. (the latter portion is not confirmed by the U.S. government, but let's be realistic here...)
  • Khadr takes the plea deal, is transferred to Canada.
  • Khadr sues the Canadian government for their involvement in his illegal detention, torture, and lack of a trial.
All of the above is true as far as anyone knows. That is the official story, from both the Canadian and US governments. They have said straight out that Khadr would not be offered a trial unless he took the plea deal. Just let that sink in for a moment.
Now let me ask you a question.
As a Canadian, what do you stand for? Do you believe that you, as a Canadian, have the right to be presumed innocent, until proven guilty, as well as the right to a fair and quick trial? I know this is hard for many of you to consider without jumping to "oh, but he's a terrorist, so fuck him, he's a traitor and doesn't deserve anything", but we'll get to that in a minute. Seriously consider this. Do you believe you have, as a Canadian, the inalienable right to everything laid out in the Canadian Charter of Rights and Freedoms?
If you do, but still think Khadr does not, because he is a terrorist, let me ask you; "How do you know he is guilty?" There was no trial for 10 years, and he was only offered a trial on the condition that he plead guilty. How do we, as Canadians, determine guilt? Have you read and understood the Charter of Rights and Freedoms? It's entire purpose is precisely to ensure that what happened to Khadr, is not allowed to happen. Period.
Now I know many of you still can't get past the "but he's a traitor so he doesn't deserve a trial" even though neither you, nor me, nor the US or Canadian government were able to provide ANY evidence whatsoever, of his guilt (no evidence was submitted during his trial, presumably because none exists), but that doesn't matter. Let me explain the problem to you.
You are worried that terrorists are trying to take away your freedoms as a Canadian right? They're trying to force their way of life upon us and we as Canadians, won't stand for that right?
Do you see where I'm going here? Presuming Khadr's guilt, with no evidence and without trial, is precisely what the terrorists want to do to Canada. Isn't that your concern? Does it not strike you then, that by saying that Khadr doesn't deserve a fair trial because he is a terrorist, with absolutely no evidence, nor a trial to prove the charges, that you are doing precisely what you are worried the terrorists are trying to do do us? A presumption of guilt, no trial, a decade of detention and torture. Is that not EXACTLY what you are worried terrorists are trying to do to us?
At this point, I don't think any of us should even be concerned about Khadrs innocence or guilt. He is inconsequential at this point. The REAL concern for all Canadians, is that our government denied a Canadian citizen his inalienable rights, guaranteed to him under the Charter of Rights and Freedoms. They did EXACTLY what you are worried the terrorists are trying to do. If Khadr was guilty, a trial probably would have proven such, so why was he denied a trial?
For your information, the Canadian government did not simply offer up an apology and $10m for no reason. They were sued. Khadr filed a civil suit with the supreme court of Canada, and that court found in favour of Khadr, in that the Canadian government was in breach of Canadian and International law. Over half the money awarded will be going toward legal fees.
Think about it this way. Your government, was just successfully sued for war crimes. Crimes they committed not only against Khadr, but against the entire Canadian public. They assured us that we would all be given a fair trial, but now we know that is not true. They assured us that we will always be presumed innocent until proven guilty. We know that is not true. They took your money, money which could have been spent on building half a hospital or something, and spent it instead, on committing war crimes, and crimes directly against the Charter for which our country stands.
Now I don't know if Khadr is innocent or guilty and I don't know if that money will end up right back in the middle east, but before you get upset about that, I want you to consider this: Had the Canadian government offered Khadr a fair trial, regardless of his guilt, there would have been no civil suit and we'd have $10.5m more Canadian Pesos to spend on Moose shirts, or maple syrup flavoured hockey sticks. 
All they had to do, was abide by our own legal doctrine, and this whole mess would have never happened.

In summation:

If you believe Khadr did not deserve a fair and quick trial, you are not Canadian. You do not stand for what Canada stands for. You are saying very clearly, that you don't care about evidence, treating people (who we presume are innocent until proven guilty) with basic decency, or your own or anyone else's right to a fair trial. You are, quite literally, openly supporting about half of Sharia law. You fuckwits."

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