PETITION

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Hundreds of law students -- from the University of Toronto, Osgoode Hall at York University, the University of Windsor, McGill University and Queen's University, as well as students working in articling positions -- have signed this petition calling on the Canadian government to repatriate Omar Khadr and protect his human rights. We are sending this petition to Parliament, where it will be officially presented once Parliament resumes.

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End Canadian Complicity in Human Rights Abuses: Repatriate Omar Khadr


The undersigned call on the Government of Canada to secure the immediate repatriation of Omar Khadr, a Canadian citizen imprisoned in Guantanamo Bay.

In 2002 the United States military captured and imprisoned Omar Khadr, a 15-year old Canadian citizen.  The United States has held him in Guantanamo Bay without trial for six years, over a quarter of his life. To date, Canada is the only Western country that still allows one of its citizens to languish in a place Amnesty International calls “the gulag of our times.” Even the US won’t allow their citizens to be held there.

The Government of Canada has repeatedly told the public that Omar should face his charges through a judicial process, not a political one.  We agree. The Military Commissions set up by President Bush, however, do not amount to a fair judicial process. Omar spent 27 months in Guantanamo before he ever saw a lawyer. He has twice been charged before the Commission and twice the charges have been dropped – once because the US Supreme Court ruled the entire commission process to be unlawful.  The new regime enacted by the US Congress, however, still violates international due process norms; it obstructs right to counsel, allows the admission of evidence obtained through cruel and degrading treatment, permits interference by the Executive branch of government, and denies access to civilian courts and constitutional protections. Even if acquitted, the United States has claimed Omar could be detained indefinitely.

The unfairness of the Military Commissions is underscored by the fact they are authorized to try only non-US citizens.  If the process is not good enough for Americans, it is not good enough for Canadians.

The Canadian government also states that it has received guarantees that Omar was being treated well by the United States, and has justified its inaction on these grounds. We now know these assurances were false. In May 2008, the Supreme Court of Canada, in a unanimous decision, found that the conditions under which Omar was being detained “constituted a clear violation of fundamental human rights protected by international law.” One month later, the Federal Court of Canada went further, concluding that Omar’s treatment violated the United Nations Convention Against Torture and the Geneva Conventions. Both courts found that Canada was completely aware of these abuses while they were occurring.
     
Those nations that share our values, including the United Kingdom, France, Germany and Australia, have already concluded that Guantanamo Bay is a place where justice cannot be found and have repatriated their nationals who were detained there. Where appropriate, these states conducted a full criminal investigation into the returnees. Their examples demonstrates that being strong on national security does not mean being weak on human rights.

As individuals, we are deeply concerned by the ongoing breaches of Omar’s rights as a human being and, in particular, as a minor at the time of his alleged offense. As law students, we are deeply concerned that Canada seems to believe the ‘war on terror’ can be fought outside the law.  As Canadians, we are also concerned that our country’s credibility - as one committed to human rights and the rule of law – has been severely undermined.

Canada’s deep commitment to international human rights requires ensuring Omar’s right to a fair trial and humane treatment. For six years Omar has been denied these rights. Canada’s complicity in that denial implicates our country in gross violations of international law and undermines our values as Canadians.

We, the undersigned, therefore call on the Government of Canada to ensure respect for Omar Khadr's legal and human rights by intervening in his case and securing his immediate repatriation.
 
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