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Omar Khadr

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Omar Khadr
Detained at Guantanamo
ISN766
StatusTribunal underway
ParentsAhmed Said Khadr
Maha Elsamnah

Omar Ahmed Khadr (born September 19 1986) is the fourth child in the Canadian Khadr family. He was captured by American forces at the age of 15 following a four-hour firefight with militants in the village of Ayub Kheyl, Afghanistan.[1]

He is entering his sixth year in the Guantanamo Bay detention camps, charged with war crimes and providing support to terrorism after allegedly throwing a grenade that killed a US soldier.[2]

A Canadian citizen[3] born in Ottawa[4], he is the youngest prisoner held in extrajudicial detention by the United States and has been frequently referred to as a child soldier. The only Western citizen remaining in Guantanamo, Khadr is unique in that Canada has refused to seek extradition or repatriation despite the urgings of Amnesty International, UNICEF, the Canadian Bar Association and other prominent organisations.[5][6][7][8]

In February 2008, the Pentagon accidentally released documents that revealed that although Khadr was present during the firefight, there was no other evidence that he had thrown the grenade. In fact, military officials had originally reported that another of the surviving militants had thrown the grenade just before being killed.[9]

Early life

Khadr was known as his mother's "favourite" child among the siblings[10][11]

Because his father, Ahmed Said Khadr, had been volunteering with Afghan refugee orphans in Peshawar, Pakistan since 1985[12][11], Omar spent his childhood moving back and forth between Canada and Pakistan. His mother has defended raising the family outside Canada due to her animus for western social influences,[13] and he was subsequently enrolled in a madrassah in Peshawar.[12]

In 1992, Khadr's father was severely injured while in Lowgar, Afghanistan; the Khadr family moved back to Toronto so he could recuperate. After the move, Omar became "hypersensitive to tension in the family" and would often quote Captain Haddock from The Adventures of Tintin.[12] Enrolled at ISNA Elementary School, Omar's teachers described him as "very smart, very eager and very polite".[12] He claimed his vision of Jannah involved a swimming pool filled with Jell-O.[11]

Khadr as a young child.
Khadr at the Metro Toronto Zoo.

Returning to Pakistan with his family, Ahmed was arrested in 1995 after it was alleged that he had connections to the financing of Ayman al-Zawahiri's bombing of the Egyptian embassy in Pakistan.[12][14] Ahmed was hospitalised after engaging in a hunger strike, and 9-year old Omar spent every night sleeping on the floor beside his father's bed until he was released a year later for lack of evidence.[12]

Khadr's father moved his family to Jalalabad, Afghanistan in 1996[15], where they lived in their father's NGO office. During their stay, the family often visited the compound of Osama Bin Laden, and the children of the two families played together.[16]

An early photo of Khadr's mother and siblings.

Following the 1998 embassy bombings, the United States had retaliated by bombing camps in Afghanistan. Thus, expecting a similar retaliation following the September 11, 2001 attacks, the 14-year old Omar followed his father into the mountains, where he went shopping[10], washed laundry and cooked meals for the group of militants.[12]

In early 2002, he was living alone with his mother and younger sister while his father visited infrequently, and took up beading his mother's clothes as a hobby.[11] At one point, he was forced to wear a burqa and disguise himself as a daughter to avoid scrutiny, an act that upset him. When his father returned, he asked to be allowed to stay with men in the village, despite his mother's protests. His father agreed he could stay with a group of men associated with Abu Laith al-Libi, who needed a Pashto translator anyway, if he promised to check in regularly with his mother.[11][6][17][18] A later collection of biographies written by al Qaeda praises the the elder Khadr for "tossing his little child in the furnace of the battle", and likens his son to a lion cub.[1]

According to charges signed by military commission officer Susan J. Crawford, Khadr received "one-on-one" weapons training in June[19], as his visits home became less frequent.[11]

Capture

Wikisource has
File:Alleged Khadr 3.png
A youth alleged to be Khadr, handling explosives.
File:Khadr's Colleague.png
One of Khadr's colleagues seen in the video with him.

Khadr had accompanied three of the men he was staying with, as they went to the village to meet with several other militants. Neither of his parents were told about the meeting, and his father shouted angrily at Abu Laith al-Libi following reports of the battle, for not taking care of his son properly.[11][6][20]

From approximately February 2002, a team of American soldiers were using the abandoned Soviet airbase in Khost, Afghanistan as an intelligence-gathering outpost, as they tried to blend in and gain the trust of the local community.[17]

In the early morning of July 27 2002, a team composed of 19th Special Forces Group, the 505th Infantry Regiment[21] and a "militia", composed of hundreds of Afghan fighters loyal to mercenary warlord Pacha Khan Zadran and led by Zadran's brother Kamal,[22][23] had been sent from the airbase to the home of an elderly wheelchair-bound man believed to be a bomb-maker.[17] The search turned up no evidence against the occupants of the house.[24][25]

File:Alleged Khadr Waving.png
A youth, allegedly Khadr, appears on video.

While at the house, a report came in that a certain monitored satellite phone had just been used 300-600 metres[24][23] from the group's present location. Six soldiers were sent to investigate the site of the phonecall.[17]

The group was led by Major Randy Watt[26], and also included XO Captain Mike Silver, Sgt Christopher Speer from Delta Force, Layne Morris and Master Sgt. Scotty Hansen, both from the 19th Special Forces Group and two others.[17]

The firefight

Arriving at a series of mud huts and a granary filled with newly-harvested straw[11] surrounded by a 10-foot[27] stone wall with a green metal gate[28] approximately 100 metres radius from the main hut, the Special Forces team saw children playing around the buildings.[25]

Seeing five "well-dressed"[28] men sitting around a fire in the main residence, with AK-47s visible in the room, Morris approached and told the occupants to open the front door. "They looked at me and I looked at them," he later remembered.[28] When he was ignored, he retreated and the six Americans took up a position around the complex and waited 45 minutes while Morris called for support.[23] During this time, a crowd of approximately 100 local Afghans had gathered around the area to watch the incident unfold.[28] An Afghan militiaman was sent towards the house to demand the surrender of the occupants, but retreated under gunfire.[24]

After several reinforcements arrived, two more of Zadran's militiamen were sent into the compound to speak with the inhabitants. They returned to the Americans' position and reported that the men inside claimed to be Pashtun villagers. They were told to return to the huts, and inform the occupants that the Americans wanted to search their house regardless of their affiliation.[29] Upon hearing this, the occupants of the hut opened fire, shooting both militiamen.[30][25]

Several women immediately fled the huts and ran away while the occupants began throwing grenades at the American troops, with intermittent rifle fire. After the firefight, a statement by one of the soldiers would contradict this and say that there had only been one woman and one child present, and both were detained by US forces after exiting the huts.[24]

Morris and Silver had now taken up positions outside the stone wall, with Silver "over Morris's left shoulder explaining where he should try to position his next shot"[17] when Morris fell back into Silver, with a cut above his right eye and shrapnel embedded in his nose. "I thought his weapon had malfunctioned, that was my first thought," was Silver's recollection of the wound later attributed to an unseen grenade.[17]

Rewakowski and Worth convalescing in hospital from their grenade injuries.

Morris was dragged a safe distance from the action, and was shortly after joined by Spc. Michael Rewakowski, Pfc. Brian Worth and Spc. Christopher J. Vedvick all of the 3rd Platoon of Company B of the 1st Battalion of the 505th.[27] who had also been wounded by the grenade attacks.[31]

The 57th Medical team that ran the MedEvac, later awarded "Rescue of the Year".

At 0910 a request for MedEvac was sent to the 57th Medical Detachment. Ten minutes later, DUSTOFF 36 and Wings 11, a pair of UH-60s, were deployed as well as AH-64 Apaches Widowmaker 23 and Widowmaker 26 as escort. Arriving at the scene, the Apaches strafed the compound with cannon and rocket fire, while the medical helicopters remained 12 miles from the ongoing firefight.[21] The helicopters finally landed at 1028 to load the wounded aboard DUSTOFF 36, while Brian Basham switched helicopters to take a wounded prisoner aboard WINGS 11, leaving Cpt. Michael Stone, CWO Ezekial Coffman, Spc. Jose Peru and Sgt. Frank Caudill aboard DUSTOFF 36[32], as a pair of F-18 Hornets dropped Mark 82 bombs on the houses.[17][21]

At this point[24], a five-vehicle convoy of ground reinforcements arrived including a rifle squad from the 82nd Airborne.[24] Ten minutes later[24], the MedEvac left for Bagram Airbase and a pair of A-10 Warthogs arrived on-scene and began attacking the houses along with the Apaches. The MedEvac arrived at the hospital at 1130.[21]

Unaware that Khadr and an unidentified Mujahideen had survived the bombing, the ground forces agreed to send a team consisting of OC-1, Silver, Speer and three Delta Force soldiers[33] into a hole in the south side of the wall, while at least two other American troops continued throwing grenades into the compound.[34]

American soldiers standing outside the compound.

The team began picking their way over the carcasses of dead animals and three fighters.[17] According to Silver's 2007 telling of the story, he then heard a sound "like a gunshot", and saw the three Delta Force soldiers duck - as a grenade flew past them and exploded near Speer, who was at the rear of the group.[17]

OC-1 reported that although he didn't hear any gunfire, the dust being blown from an alley on the northside of the complex led him to believe the team was under fire from a shooter between the house and barn. He reported that a grenade was also "lobbed" over the wall that led to the alley and landed 30-50 metres from the alley opening. Running towards the alley to escape the grenade which he also didn't hear detonate, OC-1 fired a dozen M4 Carbine rounds[35] into the alley as he ran past, although he couldn't see anything due to the rising dust clouds. Crouching at the southeast entrance to the alleyway, OC-1 could see a man with a holstered pistol moving on the ground next to an AK-47 who had been shot twice in the chest. From his position, OC-1 fired a single shot into the man's head, killing him.[24]

When the dust cleared, OC-1 saw Khadr crouched on his knees facing away from the action and wounded by shrapnel that had just permanently blinded his left eye,[25] and shot him twice in the back.[24]

OC-1 estimated that all the events since entering the wall had taken less than a minute up until this point, and that he had been the only American to fire his weapon, although an American grenade had also been thrown into the living quarters after initially entering the complex.[24]

Khadr being treated by medics.
Two soldiers kneel over the wounded Khadr.

Silver initially claimed that two Delta Force troops had opened fire, shooting all three of the shots into Khadr's chest, after the youth was seen to be holding a pistol and facing the troops.[17][25] These claims all directly contradict OC-1's version of events as the only eyewitness. OC-1 did agree however, that something was lying in the dust near Khadr's end of the alley, although he couldn't remember if it were a pistol or grenade.[24]

Speer being unloaded at Bagram.

Entering the alleyway, OC-1 saw two dead men with a damaged AK-47 buried in rubble who he believed had been killed in the airstrikes[24], and confirmed that the man he had shot was dead. Moving back to Khadr, OC-1 tapped the motionless youth's eye, confirming that he was still alive. Turning him over onto his back, for entering troops to secure, he began exiting the alleyway to find Speer, who he was unaware had been wounded. While leaving the alleyway, he saw a third AK-47 and several grenades.[24] Contradicting Morris' report of five well-dressed men, OC-1 maintained that a search of the rubble determined that there had only been four occupants, all found in the same alleyway.[24]

Khadr was given on-site medical attention, during which time he repeatedly asked the medics to kill him, surprising them with his English. An officer present later recorded in his diary that he was about to tell his Private Second Class to kill the wounded Khadr, when Delta Force soldiers ordered them not to harm the prisoner.[36]

He was then loaded aboard a CH-47 helicopter and flown to Bagram Airbase, losing consciousness aboard the flight.[37][24]

Aftermath

Remains of the structure after bombing

The following day[24], soldiers including Silver later returned to search the premises. Local villagers were believed to have taken away two bodies and provided them an Islamic burial, but refused to disclose their location to the Americans who wished to identify the fighters.[11]

Another view of the buildings
Another view of the buildings
Another view of the buildings

Believing that the wooden boards beneath the last-killed rifleman could have been used to cover an underground chamber[24], an excavator was used to tear down the walls of the buildings. This demolition uncovered several rocket-propelled grenades in the huts. Some of them had accidentally detonated while lying in the smouldering ruins.[11] A plastic bag was discovered in the granary, containing documents, wires and a videocassette.[11] OC-1's report claims the videotape was found in the main house, rather than the granary, and also mentioned detonators modeled as Sega game cartridges.[24]

The video shows a youth, alleged to be Khadr, toying with detonating cord as other men including Abu Laith al-Libi assemble explosives in the same house as had just been destroyed, identifiable by its walls, rugs and the environment seen out the windows in the video.[17][24] and planting landmines while smiling and joking with the cameraman.[28][38][11] It has been suggested that these were the same landmines later recovered by American forces on a road between Gardez and Khowst.[24]

The firefight was hailed as the first major engagement since Operation Anaconda had ended four months earlier.[31] Hansen and Watt were both awarded a Bronze Star, for running forward under fire to retrieve two fallen bodies. Sources differ on whether these were wounded American soldiers including Layne Morris or the two Afghan militiamen shot at the outset.[17][39] The five wounded men were all awarded Purple Hearts.[31] Speer was moved from Bagram airbase to Rammstein Air Base in Germany, where he was removed from life support on August 7, with his heart, liver, lungs and kidneys all being donated.[11]

Time at Bagram

The unconscious Khadr was airlifted to receive medical attention at Bagram, where interrogations began immediately after he gained consciousness approximately a week after his arrival.[37] He remained stretcher-bound for several weeks.[37] Fellow detainee Rhuhel Ahmed later issued a statement alleging that Khadr had been denied forms of surgery to punish him for not cooperating with military forces[40]

On 30 August 2002, Canadian officials sent a diplomatic query to the United States requesting consular access to their citizen being held at Bagram. The request was denied ten days later, with a statement that Canada would be notified only if Canadian citizens were transferred to Guantánamo Bay.[41]

Khadr states that he was refused pain medication for his wounds, that he had his hands tied above a door frame for hours, had cold water thrown on him, had a bag placed over his head and was threatened with military dogs, was flatulated upon, forced to carry 5-gallon pails of water to aggravate his shoulder wound. Unallowed to use washrooms, he was forced to urinate on himself.[37][41] His chief interrogator was Joshua Claus, who later pleaded guilty to abusing detainees to extract confessions following the in-custody death of wrongly-accused Dilawar that same year.[42]

Moazzam Begg

Khadr was interrogated again on September 17, and stated that he helped the militants because he had been told the United States was fighting a war against Islam.[43] When asked if he knew of a $1500 bounty being offered for each American soldier killed in Afghanistan, he responded that he had heard the story, but didn't know who was offering the reward. When asked how that made him feel at the time, the 15-year old stated "I wanted to kill a lot of American[s] to get lots of money".[43] Defence attorney Nathan Whitling later argued that it was "hardly convincing for the U.S. to suggest that in the midst of this battle, and after the entire site had been flattened by 500-pound bombs and everyone else in the compound killed, Omar was lying under the rubble thinking about how to earn himself $1,500."[43]

Captives being flown to Guantanamo

Khadr spent three months recuperating at Bagram. During that time he was often singled out for extensive labour by American soldiers who "made him work like a horse", referring to him as "Buckshot" and calling him a murderer. They claimed that he had thrown a grenade at a passing convoy delivering medical supplies.[44] He shared a cell with Moazzam Begg and ten others. He became conversational with guard Damien Corsetti, who was also one of his interrogators, and often spoke about basketball.[11]

He was transferred to Guantanamo along with a number of other captives on October 28, 2002. Shackled, fitted with surgical masks, painted-over goggles and ear protectors to ensure sensory deprivation, he recalled being kicked when he tried to stretch his legs.[11][37]

Time at Guantanamo

Muslim chaplain James Yee recalled Khadr had been given an English Mickey Mouse book by an interrogator, and that he slept with it clutched to his chest.[11].

Khadr arrived at Guantanamo Bay on October 29 or October 30, to face charges of terrorism and war crimes for his actions. He was recorded as standing 170 centimetres and weighing 155lbs,[11] and recalled being greeted by guards with the phrase "Welcome to Israel"[45]

At first, he still spent much of his time in the prison hospital where he spoke with Muslim chaplain James Yee, although he didn't seek any religious counselling.[11] In February 2003, he wrote to his grandparents in Scarborough, Ontario, saying "I pray for you very much and don't forgat me from your pray'rs and don't forget to writ me and if ther any problem writ me".[46]

Bryan Del Monte, from the Office of Detainee Affairs, gave a press conference following his return from testifying before the United Nations Committee against torture. He asserted that Khadr, Muhammad al-Qarani and another youth were incarcerated separately from adults, and provided with daily lessons in mathematics, English, and science.[47] Del Monte's assertion conflicts with all other assertions that Khadr was not among the youth who were held separately from the adult population - and that the three youths held in Camp Iguana had already been repatriated.

Wikisource has original text related to this article:

Because he had turned 16 while at Bagram, he was now treated as an adult prisoner at Guantanamo.[11] Officials considered him an "intelligence treasure trove" not only because his father was Ahmed Said Khadr, but because he had personally met Osama bin Laden and might be able to offer answers about the al-Qaeda hierarchy despite having been only ten years old at the time.[11]

On January 21 2003, a new Standard Operating Procedure was put in place for American military interrogators who were told they would have to "radically create new methods and methodologies that are needed to complete this mission in defence of our nation".[11]

Wikisource has original text related to this article:

In February 2003, Canadian Foreign Affairs intelligence officer Jim Gould and an official from the Canadian Security Intelligence Service were allowed to interrogate Khadr themselves.[48] The presence of Gould, who brought Khadr a Big Mac value meal[46], allowed the government to claim that the purpose of the visit was to "to ascertain Khadr's well-being", while his attorney Nate Whitling argued that "Foreign Affairs is suggesting that the visit was actually for (Khadr's) benefit, but this is not the case". His attorneys then unsuccessfully sought a Federal Court injunction to prevent CSIS (Canadian Security Intelligence Service) from interrogating their client in the future.[49] The following month, a briefing from the Foreign Affairs department summarised Gould's findings stating that Khadr was a "thoroughly `screwed up' young man. All those persons who have been in positions of authority over him have abused him and his trust, for their own purposes."[11]

Assistant Director of CSIS William Hooper assured the Canadian public this interrogation was not intended to secure intelligence for an American prosecution, but admitted that the information was all freely shared with his American captors - without securing any guarantees, such as foregoing potential death penalty charges.[49]

For most of 2003, Khadr had a cell next to British detainee Ruhal Ahmed and the two often discussed their favourite Hollywood films, including Braveheart, Die Hard and Harry Potter.[11] Ahmed later recalled that while some interrogations would see Khadr return to his cell smiling and discussing what movies he had been shown, other times he would return crying and huddle in the corner with his blanket over his head.[11]

In the early spring of 2003, Khadr was told "Your life is in my hands" by a military interrogator, who spat on him, tore out some of his hair and threatened to send him to a country that would torture him more thoroughly, making specific reference to an Egyptian Askri raqm tisa ("Soldier Number Nine") who enjoyed raping prisoners. The interrogation ended with Khadr being told he would spend the rest of his life in Guantanamo.[12] A few weeks later, an interrogator giving his name as Izmarai spoke to Khadr in Pashto, threatening to send him to a "new prison" at Bagram Airbase where "they like small boys".[12]

In all, Khadr has been reported to have been kept in solitary confinement for long periods of time; to have been denied adequate medical treatment; to have been subjected to short shackling, and left bound, in uncomfortable stress positions until he soiled himself.[50][51][52] Khadr's lawyers allege that his interrogators "dragged [him] back and forth in a mixture of his urine and pine oil" and did not provide a change of clothes for two days in March.[53]

At the end of March 2003, Omar was upgraded to "Level Four" security, and transferred to solitary confinement in a windowless and empty cell for the month of April.[12]

In 2003, Khadr began leading prayer groups among the detainees.[46] At one point, a year after he confided in Moazzam Begg that his brother Abdurahman Khadr was working for the Americans[11], he was able to have a brief discussion with his brother who was also now being held at Guantanamo, and was just 50 feet away in a separate enclosure. The two shouted to each other in Arabic, and Omar told his older brother not to admit their family's dealings with al-Qaeda, and mentioned that he was losing his left eye.[16] During his stay, he also memorised the Quran.[54]

Canadian intelligence officer Jim Gould returned to Guantanamo in March 2004, but was met by an uncooperative Khadr. The Foreign Affairs office claimed that Khadr was trying to be a "tough guy" and impress his cellmates, while his attorney Muneer Ahmad said that Khadr had originally believed Gould "had finally come to help him" in 2003, but by 2004 had realised that he was being interrogated, not aided, by the Canadian government.[46]

In all, Khadr was interrogated by Canadians six times between 2003-2004,[55] and ordered to identify photos of Canadians believed to have ties to terrorism, including Maher Arar who was then handed over to Americans, flown to Syria and tortured for a year, before being found innocent.[55] When he told Canadians that he had been tortured into giving false confessions by the Americans, the Canadian authorities called him a liar, causing him to cry. He later recalled that he had "tried to cooperate so that they would take me back to Canada".[55]

Wikisource has letters written by Omar Khadr:

On June 18 2004, Khadr wrote a letter home to his mother who had moved back to Canada to seek medical attention for his younger brother Abdulkareem. Four months later he wrote another, as well as one to his brother Abdurahman Khadr.

In August, attorneys Rick Wilson and Muneer Ahmad submit an "emergency motion" asking for the release of Khadr's medical records. Rebuffed, they were instead granted a declaration from the Guantanamo naval hospital commander Dr. John S. Edmondson stating that Khadr was "in good health", and given a two-page document entitled "Healthcare Services Evaluation".[56]

In November 2004, following a meeting with Ahmad and Wilson, Khadr was interrogated for four days about what he had discussed with his defence lawyers; during this time he alleges that interrogators used "extreme physical force" and refused to allow him to say his daily prayers.[57] During this visit, the lawyers had administered a psychological questionnaire known as the "Mini-mental state examination", which they later turned over to Dr. Eric W. Trupin, an expert in the developmental psychology of juveniles in confinement. Trupin ruled that Khadr was suffering from "delusions and hallucinations, suicidal behaviour and intense paranoia", and that his abuse had left him "particularly susceptible to mental coercion",[56] and at moderate to high risk of committing suicide.[58] Efforts to secure an independent medical examination have not met with any success.[59][60] [61]

In 2005, his older sister Zaynab moved back to Canada from Pakistan to demand better treatment for Omar and his brother Abdullah.[62] At some point prior to May 2005, Khadr requested his attorney Rick Wilson bring him back Canadian magazines with "new model cars" for reading material.[46]

Khadr participated in a hunger strike, lasting 15 days before he was force fed by prison guards. He reported collapsing as he left the hospital, and that his guards administered a brutal beating.[63] On July 20 2005, Guantánamo detainee Omar Deghayes wrote "Omar Khadr is very sick in our block. He is throwing [up] blood. They gave him cyrum [serum] when they found him on the floor in his cell," and his extract was subsequently published in The Independent[64]

In April 2005, Khadr was again given another written psychiatric test by lawyers Ahmad and Wilson, which was turned over to Dr. Daryl Matthews, a forensic psychologist who had previously been invited to Guantanamo two years earlier by The Pentagon.[65] Matthews concluded that Khadr met the "full criteria for a diagnosis of Post-Traumatic Stress Disorder."[56]

Khadr also participated in the July 2005 200-detainee hunger strike, and went fifteen days without eating.[66] He was twice taken to the on-site hospital and force-fed - on July 9 he was kicked and assaulted repeatedly by Military Police after collapsing from weakness.[56]

In May 2005, Khadr announced that he would no longer cooperate with any of the American attorneys on his case, including Colby Vokey, Rick Wilson and Kristine A. Huskey. His Canadian lawyers convinced him that he had to retain Lt. Cmdr. William C. Kuebler due to the tribunal regulations.

Khadr was permitted to speak with his mother by phone for the first time in March 2007, nearly five years after his capture.[67] He was allowed one other phone call to his family, at some point between March and June.[68]

Combatant Status Review Tribunal

Wikisource has CSRT documents for Omar Khadr:
Combatant Status Review Tribunal notice read to a Guantanamo captive.
The trailer where CSR Tribunals were held.

The Supreme Court of the United States ruled in June 2004 Hamdi v. Rumsfeld that detainees are entitled to limited rights of due process. Consequently, the Department of Defense instituted "Combatant Status Review Tribunals".

The Tribunals were not themselves authorized to determine whether the captives were lawful combatants -- simply to determine whether or not the captives have already been correctly proven to match the administration's definition of an "enemy combatant". Participation by the captives was voluntary, and Khadr chose not to be involved in his tribunal.

On August 31 2004, a Summary of Evidence memo was prepared for Khadr's Combatant Status Review Tribunal. The summary alleged that he had admitted he threw a grenade which killed a U.S. soldier, attended an al Qaida training camp in Kabul and worked as a translator for al Qaida to coordinate land mine missions. In addition, he was accused of helping to plant the landmines between Khost and Ghardez, and having visited an airport near Khost to collect information on U.S. convoy movements.[69]

His actual tribunal was convened a week later, on September 7, as Panel #5 reviewed his status in the detainment camp. The tribunal concluded that Khadr was an "enemy combatant" and a one-page summary of conclusions was released on September 17.

O.K. v. George W. Bush

Wikisource has original text related to this article:

Following the successful Supreme Court ruling in Rasul v. Bush which allowed detainees to make habeas corpus arguments over the legality of their detention, Khadr's grandmother Fatmah Elsamnah, acting as next friend, filed an civil suit against the United States on Khadr's behalf on July 2 2004 challenging his detention.[70]

# Recorder Exhibit List title[71] Pages Classification
R1 Unclassified Summary 1 Unclassified
R2 FBI Certification
Re: Redaction of National Security Information
dtd 03 Sep 04		 1 Unclassified
R3 FBI FD-302 25-NOV-02 2 FOUO//LES
R4 CITF Form 40 05-NOV-02 4 FOUO//LES
R5 CITF Form 40 17-MAR-04 6 FOUO//LES
R6 FBI Memorandum 03-SEP-04 1 SECRET//NOFORN
R7 IIR 6034025103 07-OCT-02 3 SECRET
R8 FBI FD-302 06-DEC-02 3 FOUO//LES
R9 CITF Form 40 28-OCT-02 5 FOUO//LES
R10 JTF GTMO Baseball Card 2 SECRET//NOFORN
R11 JTF GTMO Memo 05-JAN-04 3 SECRET//NOFORN
R12 CITF KB Mar-02 3 SECRET

The suit was named O.K. v. George W. Bush since Khadr was still a minor at the time of its filing.[72] It was at this time that Rick Wilson was added to Khadr's defence team.[73]

On September 21, more than sixty Habeas motions subsequently filed by Guantanamo detainees were transferred to a single suit before senior Judge Joyce Hens Green for coordination. The remaining issue in the suit, having Khadr's medical records released to his attorneys and gaining an independent medical review of his health while in custody, remained with Judge John D. Bates. [72]

On October 26, Bates rejected the motion, stating that "no charges have been brought against petitioner, and accordingly there is no reason to undertake any inquiry into petitioner's mental competence".[72]

First tribunal

Fred Borch
Col. Morris Davis

In 2005, the United States announced that they were assembling the necessary framework to hold newly-crafted Guantanamo military commissions. Khadr was one of ten detainees to be charged under this new system.

The chief prosecutor Fred Borch quickly garnered criticism for "corrupting" the trials after he told presiding officers that any evidence suggesting a suspect was innocent would be given a secret security classification, so that defence teams would not learn of its existence.[74][75]

He was replaced as chief prosecutor by Robert L. Swann[76], who was himself replaced by Col. Morris Davis in September of 2005.

On November 7, 2005, Khadr was formally charged with Murder by an Unprivileged Belligerent, Attempted Murder by an Unprivileged Belligerent, Aiding the Enemy and Conspiracy with Usama bin Laden, Ayman al Zawahiri, Sayeed al Masri, Muhammad Atef, Saif al adel, Ahmed Said Khadr "and various other members of the al Qaida organization".[77] The United States informally indicated they would not seek the death penalty for Khadr.[78]

On December 1, 2005 the officers were appointed to Khadr's specific commission.[79]

Capt. John Merriam was made Khadr's official defence attorney, but agreed with Canadian counsel Muneer Ahmad that he lacked trial experience as a defence attorney, and both men requested that he be replaced.[80][81] Lt. Col. Colby Vokey was named as Merriam's replacement.

Prosecutor Morris Davis became known for his "often-flamboyant quotes" about Khadr, referring to media coverage of the tribunal as "nauseating", and noting that Khadr didn't spend his time in Afghan camps "making s'mores and learning how to tie knots."[82]

On January 11 2006 Khadr appeared at his pre-trial hearing wearing a Roots Canada t-shirt, leading judge Robert Chester to order him to wear more suitable attire in the future.[80]

Defense attorney Vokey retired after he was disciplined for calling the tribunals a "sham" that left him feeling "disgusted".[83]

The commissions were struck down as unconstitutional on June 29, by the Supreme Court ruling in Hamdan v. Rumsfeld which stated that "The military commission at issue lacks the power to proceed because its structure and procedures violate both the UCMJ and the four Geneva Conventions signed in 1949."[84]

Davis resigned as prosecutor on October 6, alleging that a legal adviser was interfering in the case, but was ordered to silence his criticisms by his superiors.[82]

Second tribunal

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After the Military Commissions Act of 2006 was signed in October 2006, new charges were sworn against Khadr on February 2, 2007. He was charged with 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.[85] Canadian attorney Dennis Edney was barred from appearing at the October arraignment, after he criticized Keubler's efforts, stating that the military lawyer had focused his energy on lobbying Canadian authorities to have Khadr repatriated, at the cost of preparing for the actual trial.[86] [87]

Khadr and the other nine detainees who faced charges were transferred to solitary confinement on March 30.[88] Six days later, Khadr read a note to the court saying "Excuse me Mr. Judge,.. I'm being punished for exercising my right and being co-operative in participating in this military commission. For that, I say with my respect to you and everybody else here, that I'm boycotting these procedures until I be treated humanely and fair."[88]

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Khadr petitioned the US Supreme Court to review the legality of the military commission and his detention, but this request was denied in April.[89]

On June 1, Edney announced that Khadr was rejecting a plea bargain offered by the United States that would see him serve 30 years in prison for terrorism.[90] Peter Brownback dismissed the charges three days later, stating that Khadr had been previously classified as an "enemy combatant" by his Combatant Status Review Tribunal in 2004, while the Military Commissions Act only granted him jurisdiction to rule over "Unlawful enemy combatants"[91][92]

Dennis Edney (l) and William C. Kuebler (r)

On September 9 2007, charges were reinstated against Khadr after the Court of Military Commission Review overturned Brownback's dismissal, stating that the tribunal could determine the legality of a detainee's status for itself.[93]

On October 9, Groharing argued that the prosecution should not be required to identify their witnesses, stating that Khadr was "certainly capable of exacting revenge" against witnesses if he were allowed the right to face his accusers. Brownback ruled that while the defense attorneys had the right to know the identity of the witnesses, that information could not be given to Khadr himself.[94]

File:Alleged Khadr 2.png
A youth, allegedly Khadr, smiling while burying landmines in the video.

In November, while prosecutors were "desperately" trying to introduce the video found in the wreckage, the tape was leaked to the media by an unknown source and shown on 60 Minutes. Four months later, Kuebler stated that following conversations with the show's producers, he believed that the video was leaked by Vice President Dick Cheney's office.[95]

The United Nations requested that Radhika Coomaraswamy, special representative for children in armed conflict, be allowed to watch the tribunal, but was denied.[96]

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On February 4 2008, attorneys submitted a motion arguing that the commission lacked jurisdiction because Khadr had been a minor when the incident occurred. Brownback recessed the hearing without making a ruling.[97][98] That month also saw an accidental release of the five-page "OC-1" witness report to reporters, which revealed that Khadr had not been the only survivor in the compound, as previously claimed, and that nobody had seen him throw the grenade. Officials insisted that the reporters all had to return their copies of the document or face expulsion from the hearings, but after a 90-minute standoff between reporters and military officials, it was agreed that they could retain their copies of the report, but had to redact three names from the report.[98][99]

In March, Kuebler insisted that "Lt. Col. W.", the Army Commander for Eastern Afghanistan at the time of the attack, had initially written in his report the day after the firefight that "the person who threw a grenade that killed Sgt. 1st Class Christopher J. Speer also died in the firefight", implying that the grenade had indeed been thrown by the surviving Mujahideen, and not by Khadr. The report was rewritten months later to say that the grenade thrower had been "engaged", rather than "killed", changing the wording that exonerated Khadr.[100] In response, Brownback ordered that the commander be made available for an interview by the defence counsel no later than April 4.[101] and postponed the scheduled May 5 date for the murder trial to begin,[102] while prosecutor Groharing urged Brownback to begin the trial as soon as possible, stressing a "need for justice" for Speer's widow.[103]

The following month, Kuebler suggested it was possible that the fatal grenade had actually been one of those being thrown into the compound by American troops while the small team searched the interior.[34]

Canadian documentation

Supreme Court of Canada

Khadr's defence attorneys claim that the Canadian government acted illegally, sending its counsel and CSIS agents to Guantanamo Bay to interrogate Khadr, and then turned their findings over to the Military Tribunal prosecutors to help convict Khadr.[104]

In 2007, the Federal Court of Appeal ordered the Canadian government to turn over its records related to Khadr's time in captivity. The government appealed to the Supreme Court of Canada in 2008, arguing that Khadr was just "fishing" for information and that disclosing their records could jeopardise national security.[105]

Critics alleged that the refusal to release the classified documents is due to the "embarrassment to the government" they might cause, alleging it is the same tactic used to block the release of details about Maher Arar, who was falsely accused of terrorism in 2002 and sent to Syria where he was tortured.[105]

Civil lawsuit

Judge Paul Cassells

Sgt. Layne Morris, together with Sgt. Speer's widow Tabitha, launched a joint civil suit against the estate of Ahmed Said Khadr - claiming that the father's failure to control his son resulted in the loss of Speers' life and Morris' right eye. Since American law doesn't allow civil lawsuits against "acts of war", Speer and Morris relied on the argument that throwing the grenade was an act of terrorism, rather than war. Utah District Judge Paul Cassell gaving his ruling on February 17 2006, awarding $102.6 million in damages, approximately $94 million to Speer and $8 million to Morris[106], in what he said likely marks the first time terrorist acts have resulted in civil liabilities.[107] It has been suggested that the plaintiffs might collect funds via the U.S. Terrorism Risk Insurance Act.[108] The article quotes a Treasury Department official who acknowledged that Ahmed Khadr's assets had been frozen, but said it was up to Morris and Speer to locate them.

See also

References

  1. ^ a b CBC, "Khadr patriarch disliked Canada, says al-Qaeda biography", February 7, 2008
  2. ^ OARDEC (May 15 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Retrieved 2007-09-29. {{cite web}}: Check date values in: |date= (help)
  3. ^ Paul Koring (February 2 2008). "Ottawa failed Khadr, lawyer says". Globe & Mail. Retrieved 2008-04-02. {{cite news}}: Check date values in: |date= (help)
  4. ^ "Omar Khadr Case Still Splits Views in Canada". Angus Reid. March 14 2008. Retrieved 2008-04-02. {{cite news}}: Check date values in: |date= (help)
  5. ^ UNICEF, UNICEF Defends the Rights of a Child Soldier Held in Guantanamo, February 5, 2008
  6. ^ a b c Maggie Farley (June 23 2007). "Guantanamo inmate center of debate". Los Angeles Times. {{cite news}}: Check date values in: |date= (help)
  7. ^ Janice Tibbetts (Sunday, August 12, 2007). "Law society demands Omar Khadr's release to Canada". National Post. {{cite news}}: Check date values in: |date= (help)
  8. ^ Colin Freeze (September 10, 2007). "Prosecuting Khadr at home would be 'quite difficult,' experts say". Globe and Mail. {{cite news}}: Check date values in: |date= (help)
  9. ^ Michael Melia (March 13 2008). "Lawyer: Khadr report altered". Toronto Star. Retrieved 2008-04-02. {{cite news}}: Check date values in: |date= (help)
  10. ^ a b TheKhadrLegacy.com archives
  11. ^ a b c d e f g h i j k l m n o p q r s t u v w x y Michelle Shephard, "Guantanamo's Child", 2008.
  12. ^ a b c d e f g h i j Jeff Tietz (2006-08-10). "The Unending Torture of Omar Khadr". Rolling Stone. {{cite news}}: Check date values in: |date= (help)
  13. ^ The Khadr family, CTV Television, January 12, 2006
  14. ^ Richard A. Clarke, Statement to the House on Terrorist Financing to the United States Senate Committee on Banking, Housing, and Urban Affairs, October 22, 2003
  15. ^ Sworn charges against Omar Khadr
  16. ^ a b Son of Al Qaeda, Frontline (PBS)
  17. ^ a b c d e f g h i j k l m Shephard, Michelle. Toronto Star. Khadr goes on trial, April 29, 2007
  18. ^ CBS News, Omar Khadr: The Youngest Terrorist?
  19. ^ CBS News, Murder Charges For Canadian Gitmo Inmate, April 24, 2007
  20. ^ CBS News, Omar Khadr: The Youngest Terrorist?
  21. ^ a b c d Dustoff Newsletter, Rescue of the Year, 2002
  22. ^ Baldauf, Scott. Christian Science Monitor, Firefight shows strong al-Qaeda persistence, July 29, 2002
  23. ^ a b c Vincent, Isabel. National Post, "The Good Son", December 28, 2002.
  24. ^ a b c d e f g h i j k l m n o p q r s t OC-1 CITF witness report, March 17, 2004
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  26. ^ Leavitt, Mike. "Utah State of the State Address, January 21, 2003
  27. ^ a b Fayetteville Observer, story on firefight, August 3, 2002
  28. ^ a b c d e Bravin, Jess. Wall Street Journal. At Guantanamo, even 'easy' cases have lingered, December 18, 2006
  29. ^ Drudge, Michael. VOA News, Afghanistan/Combat, August 1 2002
  30. ^ Note: The translators are varyingly described as "wounded" or "killed" by the opening fire
  31. ^ a b c Schult, Ann Marie. ArmyLINK News. "Five Injured in most recent Afghan firefight awarded Purple Hearts", August 2, 2002
  32. ^ 57th Med Wins DUSTOFF laurels. For Combat Rescue in 'Cherry' LZ
  33. ^ It is not immediately clear if OC-1 was one of the Delta Force soldiers
  34. ^ a b CBC, "Did Friendly Fire Kill Medic, Not Khadr?", April 12 2008
  35. ^ calculated from the fifteen rounds expended from his clip, and three had been used in directed fire
  36. ^ Toronto Star, Captured Khadr nearly executed: documents, March 19, 2008
  37. ^ a b c d e Affidavit of Omar Ahmed Khadr, February 22, 2008
  38. ^ CBS News, Omar Khadr: The Youngest Terrorist?, Was Only 15 Years Old When He Was Captured In Afghanistan
  39. ^ House, Dawn. Salt Lake Tribune, "Some troops doubt Afghanistan effort is adequate", March 20, 2004
  40. ^ Composite statement: Detention in Afghanistan and Guantanamo Bay, Shafiq Rasul, Asif Iqbal and Rhuhel Ahmed
  41. ^ a b Amnesty International, Case File 14: Omar Khadr
  42. ^ Shephard, Michelle, Toronto Star, "Khadr's military interrogation faces scrutiny", March 25, 2008
  43. ^ a b c Colin Freeze (Thursday July 12, 2007). "Khadr sought $1,500 bounty, U.S. says". Globe and Mail. {{cite news}}: Check date values in: |date= (help)
  44. ^ Begg, Moazzam, Enemy Combatant
  45. ^ O.K. v. Bush, 377 F. Supp. 2d 102; 2005 U.S. Dist. LEXIS 13758 at 3,
  46. ^ a b c d e Michelle Shephard, Toronto Star, "Canadian faces murder charges at a military tribunal", January 8, 2006
  47. ^ US DoD Official Discusses Guantanamo, Asharq Alawsat, May 13 2006
  48. ^ Shephard, Michelle, Toronto Star, Ottawa played down Khadr concerns, August 20, 2007
  49. ^ a b CTV News, CSIS admits sharing Khadr info with U.S.: report, Apr. 9 2005
  50. ^ "Who are the Guantánamo detainees?". Amnesty International. November 2005.
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  52. ^ "UNITED STATES: Youth Guantanamo trial unfair". Child Rights Information Network. June 11 2007. {{cite news}}: Check date values in: |date= (help)
  53. ^ "Canadian teen abused at Guantanamo Bay: report". CBC. Monday, July 10, 2006. {{cite news}}: Check date values in: |date= (help)
  54. ^ Letter to his mother, 18/6/2004
  55. ^ a b c Toronto Star, "'Canadians called me a liar': Khadr", March 19, 2008
  56. ^ a b c d Repatriation of Omar Khadr to be Tried under Canadian Law, Brief Submitted to Senate Standing Committee on Human Rights, January 2008
  57. ^ Memorandum submitted by Muneer Ahmad and Richard Wilson for O.K. v. Bush (21 March 2005)
  58. ^ Jeff Tietz (2006-08-24). "The Unending Torture of Omar Khadr". Rolling Stone. {{cite news}}: Check date values in: |date= (help)
  59. ^ Teen's defense looks to doctor for help, Miami Herald, June 26 2006
  60. ^ Trupin Declaration, at paras. 19, 24. In Memorandum submitted by Muneer Ahmad and Richard Wilson for O.K. v. Bush (21 March 2005)
  61. ^ Second Request for Appointment of Expert Consultant: Dr. Xenakis and Dr. Cantor (.pdf), 'Miami Herald, June 13 2006
  62. ^ Daughter of alleged terrorist returns: RCMP meets her with search warrant, cageprisoners.com, February 27 2005
  63. ^ Colin Freeze (January 9 2005). "Canadian teen in Guantanamo on hunger strike, lawyers say". Globe and Mail. {{cite news}}: Check date values in: |date= (help)
  64. ^ Revealed: the diary of a British man on hunger strike in Guantanamo, The Independent, September 11 2005
  65. ^ Amnesty International, USA: Legal concern / Death penalty / Health concern, June 24 2004
  66. ^ Canadian teen in Guantanamo on hunger strike, lawyers say, Globe and Mail September 1 2005
  67. ^ "Canadian Guantanamo detainee calls home". CBC News. Thursday, March 8, 2007. {{cite news}}: Check date values in: |date= (help)
  68. ^ Human Rights Watch, [http://hrw.org/backgrounder/usa/us0607/ The Omar Khadr Case: A Teenager Imprisoned at Guantanamo] (June 2007)
  69. ^ OARDEC (31 August 2004). "Summary of Evidence for Combatant Status Review Tribunal - Khadr, Omar Ahmed" (PDF). United States Department of Defense. pp. page 7. {{cite web}}: |pages= has extra text (help); Check date values in: |date= (help)
  70. ^ Khaled A.F. Odah v. USA: Brief for Respondent Omar Khadr Supporting Petitioners
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  72. ^ a b c O.K. v. George W. Bush ruling
  73. ^ Wilson, Richard. Social Science Research Network, "A Reflection on Defending an Alleged Enemy Combatant Detained in Guantanamo Bay, Cuba", February 2005
  74. ^ Charles Swift (September 25, 2006). "Testimony of Lt. Commander Charles Swift, Office of Chief Defense Counsel, Office of Military Commissions, Department of Defense". United States Senate Judiciary Committee. Retrieved April 23. {{cite web}}: Check date values in: |accessdate= and |date= (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  75. ^ Military commissions' prosecutors charge: trials rigged against Guantánamo detainees
  76. ^ Kathleen T. Rhem (August 27 2004). "Many Issues Raised in First Week of Commissions Hearings". American Forces Press Service. Retrieved April 12. {{cite news}}: Check date values in: |accessdate= and |date= (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  77. ^ "U.S.A. v. Omar Ahmed Khadr" (PDF). US Department of Defense. November 5 2005. {{cite web}}: Check date values in: |date= (help)
  78. ^ U.S. won't seek execution of Khadr, Globe and Mail, November 9, 2005
  79. ^ Khadr faces military trial, Toronto Star, December 2, 2005
  80. ^ a b CTV News, Tight security surrounds Khadr court appearance, January 11, 2006
  81. ^ Beth Gorham (January 10, 2006). "Prosecutor says teen should be tried by military tribunal". National Post. Retrieved February 5. {{cite news}}: Check date values in: |accessdate= and |date= (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  82. ^ a b Shephard, Michelle, Toronto Star, "Guantanamo prosecutor quits, cites interference", October 6, 2007
  83. ^ Zwerdling, Daniel. NPR, "Respected Marine Lawyer Alleges Military Injustices", October 30, 2007
  84. ^ Sergeant Sara Wood (June 4 2007). "Charges Dismissed Against Canadian at Guantanamo". Department of Defense. {{cite news}}: Check date values in: |date= (help)
  85. ^ "Notification of the Swearing of Charges" (PDF). United States Department of Defense. Retrieved 2007-06-04.
  86. ^ Michelle Shephard (October 31, 2007). "Khadr's Canadian lawyer barred from hearing". Toronto Star. Retrieved 2007-11-10. {{cite news}}: Check date values in: |date= (help)
  87. ^ "Khadr trial proceeds despite questions about Gitmo". CTV. Monday November 5 2007. Retrieved 2007-11-10. {{cite news}}: Check date values in: |date= (help)
  88. ^ a b Khadr vows boycott as shouts rock U.S. court: Toronto teen moved to solitary confinement Accused terrorist demands `humane and fair' treatment, Toronto Star, April 6 2006
  89. ^ CBC, U.S. Supreme Court won't hear Khadr's case, April 30, 2007
  90. ^ CTV, No plea deal for Khadr, Canadian lawyer says, June 1, 2007
  91. ^ Carol Rosenberg (Monday, June 4 2007). "War court tosses case against young captive". Miami Herald. {{cite news}}: Check date values in: |date= (help)
  92. ^ Alberts, Sheldon (2007-06-04). "Khadr remains in detention after all charges dropped". National Post. Canwest MediaWorks Publications Inc.
  93. ^ Josh White (2007-09-25). "Court Reverses Ruling on Detainees". Washington Post. {{cite news}}: Check date values in: |date= (help)
  94. ^ Glaberson, William. "Witness Names to be Withheld from Detainee", December 1, 2007
  95. ^ CTV, Khadr lawyers accuse Cheney office of video leak, March 4, 2008
  96. ^ Shephard, Michelle, Toronto Star, UN observer can't attend Omar Khadr hearing, Pentagon says, January 24, 2008
  97. ^ Omar El Akkad (February 4, 2008). "Khadr defence to file motion to dismiss". Globe and Mail. Retrieved 2008-02-04. {{cite news}}: Check date values in: |date= (help)
  98. ^ a b Michelle Shephard (February 4 2008). "[[February 4]], 2008". Toronto Star. Retrieved 2008-02-01. {{cite news}}: Check date values in: |date= (help); URL–wikilink conflict (help)
  99. ^ Steven Edwards (Monday, February 04, 2008). "Second al-Qaida fighter implicated in Khadr incident, secret document shows". Canwest News Service. Retrieved 2008-02-01. {{cite news}}: Check date values in: |date= (help)
  100. ^ Carol J. Williams (March 14, 2008). "Pentagon accused of doctoring Guantanamo tribunal evidence". Los Angeles Times. {{cite news}}: Check date values in: |date= (help)
  101. ^ Los Angeles Times, "Guantanamo gets a new resident", March 14, 2008
  102. ^ The Jurist, Khadr military judge orders US to turn over interrogation materials, March 14 2008
  103. ^ Associated Press, New 'Friendly Fire' Theory in Gitmo Case, April 11, 2008
  104. ^ Shephard, Michelle, Toronto Star, "Judges question Khadr secrecy", March 27, 2008
  105. ^ a b CTV, SCC reserves decision on Omar Khadr case, March 26 2008
  106. ^ Template:Ar iconal-Vefagh News, "بريطانيا تلقي القبض على ممثلين من القاعدة", February 23 2006
  107. ^ GI injured in Afghan war wins lawsuit: Unique case: Court awards default judgment to man blinded in one eye, Salt Lake Tribune, February 16 2006
  108. ^ Dawn House (June 14 2007). "Judge clears way for wounded soldier to collect judgement against terrorist". Salt Lake Tribune. {{cite news}}: Check date values in: |date= (help); Text "urlhttp://www.sltrib.com/ci_6140530" ignored (help)

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