Today, Omar Khadr’s pre-trial at Guantanamo Bay begins. In fact, as I write this posting, it is ongoing. But firstly, I would like to recap the activities of the last week.
Last Monday, Khadr’s US defense lawyer, Lt. Col. Jackson filed a motion with the US Supreme Court on the unconstitutionality of the military commission system. He had filed a similar motion with a local D.C. Federal Court four months earlier, but had not received a response.
On Wednesday, the Federal Court of Appeal rejected Jackson’s original motion stating that Khadr could appeal the constitutionality of the military commission system after a final judgment from his trial was rendered.
On Thursday, Jackson filed a document with the military court asking for a kinder looking courtroom for his client’s upcoming trial. He argued that the show of force used in the courtroom with Khadr could prejudice the jury and "undermine the presumption of innocence."
Typically, when Khadr goes to court, he is shackled, then escorted by a team of guards who sit him down, stay close to him and even "put a hand on a seated Khadr’s shoulder to make sure he doesn’t stand with everyone as the judge comes and goes from the room" as the Miami Herald reports.
The process in which Khadr is handled makes him appear to be highly dangerous when in fact he "has never acted in a violent or aggressive manner," Jackson says.
On Friday, the US Supreme Court ruled on Jackson’s motion of unconstitutionality. They denied his motion as the Federal Court had done. However, no reason was given.
On the same day, a document was released that showed that Jackson filed a motion with the military commission system asking that if convicted, Khadr be given three-for-one sentencing credit for the mistreatment he suffered while in pre-trial custody. Additionally, Jackson argued that his client should receive regular time served credit for pre-trial detention, reports The Globe and Mail.
Khadr has complained of abuse and torture during his eight years in detention. The prosecution however suggested that Khadr was not mistreated at all.
Khadr’s pre-trial hearing began today. His lawyers were worried that their client would not attend the proceedings due to the unjust process of the military court system. However, Khadr appeared in court where he pled not guilty to all charges against him. As well, the judge finally ruled on the admissibility of Khadr’s past confessions as evidence stating that the confessions will be accepted as will the video of a young Khadr building and planting bombs in Afghanistan.
Khadr’s trial is now scheduled to begin tomorrow and a verdict could be delivered before the end of the month.