GUANTANAMO BAY, CUBA— The federal government will appeal a Federal Court of Canada ruling that it must remedy its breach of Omar Khadr’s constitutional rights.
Meanwhile a U.S. military judge has refused to allow Canadian Omar Khadr to dismiss his court-appointed military lawyer.
The decision came after a topsy-turvy morning of legal proceedings in which Khadr at first insisted he wanted to defend himself during his upcoming Guantanamo Bay war-crimes trial.
After a recess, Khadr returned to tell the judge that rather than defending himself, he intends to boycott his entire trial.
The judge then refused to allow him to fire Lt.-Col. Jon Jackson, the court-appointed lawyer. Khadr fired his two American civilian lawyer last week.
The bearded Khadr, now 23, told presiding military judge Army Col. Patrick Parrish that he distrusts the military court process.
He said there’s no chance of him receiving a fair trial, regardless of his legal representation. To that end, Khadr said he’d fired his court-appointed military lawyer.
“If I was in a formal court, I wouldn’t be doing this,” said Khadr, the only westerner still in custody at Guantanamo Bay and the notorious prison’s youngest inmate.
“But because I’m in this court, I am forced to do this …. How can I ask for justice from a process that doesn’t have it?”
“I’m going to get 30 years no matter what,” said Khadr, who was dressed in a white tunic and trousers, and black sneakers.
Khadr is charged with war crimes that include killing an American soldier in Afghanistan in July 2002 when he was 15 years old.
In a tense, one-hour hearing, Khadr _ seeming confident in his decision and smiling occasionally _ revealed that military prosecutors once offered him a deal: to plead guilty of war crimes and receive a 30-year sentence but serve only five years. He turned it down, saying he had no intention of pleading guilty.
“I will not let the U.S. government use me to fulfil their goals,” Khadr told the judge. “I have been used too many times as a child.”
Parrish rapidly and pointedly pressed Khadr on his decision. He told Khadr that he believed his dismissed civilian lawyers, Americans Barry Coburn and Kobie Flowers, had “zealously” defended their client’s interests.
Parrish also quizzed Khadr about his mental health.
“This place is not a five-star hotel,” Khadr replied, “so I’m sure it’s going to have an effect on me. I don’t know.”
That prompted Jackson, the court-appointed military lawyer, to point out to the judge that although Khadr had previously been found fit to stand trial by both prosecution and defence experts, it didn’t necessarily mean he was mentally fit to represent himself.
Prosecutors also warned Khadr, in their comments to Parrish, that his trial would go ahead as scheduled despite the detainee’s bombshell decision.
Khadr replied he’d like to proceed even earlier than the Aug. 10 trial date, saying he’d be happy for the process to get under way “as soon as possible.”
In Ottawa, the federal government is expected to respond to a Federal Court ruling ordering it to address violations of Khadr’s constitutional rights while he’s been in custody at Guantanamo Bay.
Foreign Affairs Minister Lawrence Cannon said at a media briefing that Justice Minister Rob Nicholson would make the government’s response later Monday.
The Supreme Court of Canada ruled in January that Canada breached international human-rights obligations when they interrogated him six years ago, knowing he’d been subjected to sleep deprivation and with no lawyers present.
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