"Child soldier" captured in Afghanistan may soon learn fate

Known as the "child soldier," Omar Khadr has been in US custody since he was 15, captured on the battlefields in 2002 in Afghanistan and later charged with murdering a US soldier and other war crimes.

By Mike McCarthy

Washington (dpa) April 29, 2010 -- He's spent about a third of his life locked up at the Guantanamo Bay detention centre on the US naval base in Cuba. Soon, Omar Khadr may finally learn his fate.

The 23-year-old, Toronto-born Canadian citizen made his appearance on Wednesday in court as the controversial military commissions for trying suspects in the war on terrorism resumed for the first time since President Barack Obama revamped the process.

Known as the "child soldier," Khadr has been in US custody since he was 15, captured on the battlefields in 2002 in Afghanistan and later charged with murdering a US soldier and other war crimes.

Khadr and his lawyer went before a military judge seeking to have evidence against him dismissed under legislation Obama signed in 2009. The measure bars evidence obtained through coercion or mistreatment.

Khadr's attorneys argue that the statements their client made to US or Canadian authorities during interrogations were provided out of fear after he had been abused and even tortured. Prosecutors insist Khadr was treated humanely and say the allegations of torture were fabricated.

The hearings to contest the admissibility of evidence are expected to last about two weeks. The trial is expected to begin sometime in July. If convicted of all counts, Khadr could face a possible sentence of life imprisonment.

Khadr's trial marks part of the beginning of Obama's effort to close Guantanamo, but the proceedings come more than three months past Obama's deadline for closing the prison.

During the presidential campaign, Obama criticized the military commission set up by his predecessor, George W Bush. He took office pledging to restore US credibility after years of allegations of human-rights abuses during the Bush administration.

The Obama administration has announced some terrorist suspects will be tried in US federal courts, while others would remain under the Guantanamo commissions, a decision civil-rights groups say does not go far enough. They believe all trials should take place in civilian courts.

"Despite recent legislative improvements, the military commissions are incapable of delivering outcomes we can trust. It is a failed system that should have been shut down years ago," Jameel Jaffer of the American Civil Liberties Union said.

"Prisoners accused of terrorism-related crimes should be charged and prosecuted in the federal criminal courts, not in a system that is untested and unreliable and that is perceived by most of the world as illegitimate."

Obama's administration contends the overhaul of the commissions has greatly increased the rights of defendants by not only barring evidence obtained through coercion, but also placing limits on hearsay.

The Khadr case could be the first test of Obama's reformed system - if it ends up going to trial.

Khadr's attorneys are reportedly in discussions with prosecutors to resolve the case. The Toronto Star reported Wednesday that he rejected an offer to plead guilty to war crimes and receive five years in prison.

US Attorney General Eric Holder outlined the administrations plans for conducting trials in November. That included holding war crimes trials on Guantanamo while bringing other defendants charged with terrorism into federal courts, including the five alleged plotters of the September 11, 2001, terrorist attacks.

But those plans appear to be on hold for now. Obama has come under heavy pressure from Congress to not bring detainees to US soil for trial, and the city of New York has objected to plans to hold the 9/11 trials in Manhattan.

The political pressure facing Obama to deal with Guantanamo and the trials has reflected the difficulties associated with trying to close the prison. Of the roughly 180 prisoners still held there, less than half are likely to be charged with crimes.

At the same time, only a handful of countries have stepped forward with a willingness to host some of the prisoners who have been identified as candidates for release.

Copyright: dpa