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By Charley Keyes, CNN
August 9, 2010 — Updated 1240 GMT (2040 HKT)
Guantanamo Bay, Cuba (CNN) — More armed guards were visible early Monday morning near where two war crimes proceedings were set to begin for two terrorism suspects at the Guantanamo Bay Naval Base in Cuba. But apart from the boost in security, there was little outward sign that the first full Military Commission of the Obama administration was almost under way. Canadian-born terrorism suspect Omar Khadr, who was captured on the battlefield in Afghanistan when he was 15 years old, arrived in the courtroom early Monday morning, according to Joe DellaVedova of the Office of the Military Commission. The appearance of Khadr, now 23, ended speculation that he might refuse to attend the session. It is still unclear whether he will actively participate in his defense. Khadr is the youngest detainee at the U.S. detention facility. In a separate proceeding also scheduled for Monday, a military panel is expected to review the guilty plea agreement entered by Ibrahim Ahmed al Qosi, the Sudanese man the United States claims was an al Qaeda fighter and driver for the group’s leader, Osama bin Laden. The court will be open to a limited number of journalists and observers but the details of the plea bargain may never be released. Al Qosie has also arrived in the court complex, according to the Office of the Military Commission. Khadr, a Canadian citizen, is charged with terrorist acts for al Qaeda and the killing of a U.S. Special Forces soldier. Monday’s proceedings are likely to be devoted to dealing with motions, said Khadr’s Pentagon-appointed defense lawyer, Lt. Col. Jon Jackson. The panel of 15 members of the U.S. military that will act as a jury will be seated by the end of the day Tuesday. The government said late Sunday it expected the commission trial to begin on schedule, and that it could last as long as four weeks. Navy Capt. David Iglesias, a former federal prosecutor and also part of the Navy’s Judge Advocate General’s Corps, said if Khadr is convicted of serious charges, “the government will ask for life” in prison. When the case begins, the Canadian branch of Amnesty International will be inside the courtroom. Alex Neve, Secretary General of Amnesty International Canada, ripped into both the U.S. and Canadian governments for not halting the terrorism trial. “Amnesty International has been a strong critic of the Military Commission process, really from day one, and even the various improvements and changes that have been made over the years have not, in our view, turned this into what can be considered a legal process that meets international fair trial standards,” Neve told CNN Sunday. Although the U.S. military has allowed Neve to visit the base and to attend the trial, he won’t be able to participate or to speak with Khadr. Neve said the Canadian government had been unwilling to speak out against the United States or to insist that Khadr be tried in Canadian or regular U.S. courts. “The Canadian government, with breathtaking defiance has refused … to lift a single finger to ensure that something is done to protect his rights,” he said. Canada’s top court ruled in January that Khadr’s rights were violated when Canadian spies interrogated the Toronto-born man and shared information with his U.S. prosecutors, according to the Toronto Star newspaper. Canadian Justice Minister Rob Nicholson sent a diplomatic note in response to the ruling, seeking the Obama administration’s assurances that information from Canada would not be used at Khadr’s trial, the newspaper reported. Washington responded in May that it would leave it up to Guantanamo’s military judge to decide what evidence to admit, the Star said. Foreign Affairs spokesman Alain Cacchione told the Star the Canadian government has “complied” with the court ruling by delivering the note. “Canada recognizes the independence of the U.S. criminal proceedings,” he said in May. “We are not going to give up at all,” Neve said. “We have been speaking out about Omar Khadr’s situation and demanding that his rights be protected for eight years now and we will continue for as long as it takes.” Jackson said he would work vigorously to defend Khadr. “Be sure of this, if Omar Khadr gives me the opportunity to represent him and I will be the only lawyer there for the defense, I’m going to do everything in my power to represent him zealously, ethically and I would not be a toady of the government. I’m there to work with this kid,” Jackson said, adding that it was wrong for the United States to prosecute a then-15-year-old child solider. But prosecutor Iglesias rejected criticism from the Khadr defense team that since Khadr was only 15 at the time of his capture he should not be placed on trial. “It is legally irrelevant,” Iglesias said at a news conference, referring to Khadr’s age. Iglesias said the case depends instead on whether Khadr knew what he was doing. “He was 15, he wasn’t nine or 10,” he said. Meanwhile, a civilian lawyer who has been working with Khadr said late Sunday that the judge had refused to postpone the proceedings for the Muslim holy month of Ramadan. The Muslim calendar sets out a month for prayer and fasting during daylight hours and is expected to start this year on Wednesday. Dennis Edney, a lawyer from Edmonton, Canada, said the judge had refused the postponement motion earlier Sunday. Edney said going without food for 14 hours a day would impede Khadr’s ability to follow complicated charges and testimony. “This hearing is an unfair process. This is a horrible process … a disgrace in any language,” Edney told reporters at Guantanamo. He said he hoped Khadr would appear in court and “tell the world what a hellish place this [Guantanamo Bay] is and how he has been abused.” Edney described Khadr as a gentle young man, adding, “I think he’s fearful. I think it is intimidating.”
http://edition.cnn.com/2010/CRIME/08/09/guantanamo.youngest.detainee/index.html#fbid=nvYTZErDD4Y&wom=false
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