Sunday, May 8, 2011

United States v. Khadr, 2011 ONCA 358

On May 6, 2011, the Ontario Court of Appeal, in an opinion by Sharpe, J.A. (left), upheld an order refusing to extradite Abdullah Khadr (brother of Omar Khadr) to the United States. The decision is available here. The extradition judge had made the following key findings:

"1. Khadr was captured in Islamabad, Pakistan by the ISI at the behest of the United States, who paid a $500,000 bounty for his arrest.

"2. Khadr was initially sought by American officials solely for intelligence purposes and not for criminal prosecution purposes.

"3. I am satisfied that Khadr's detention by the ISI was both arbitrary and illegal, according to the law of Pakistan.

"4. During his initial three days of detention, Khadr was mistreated and physically abused, but not on the level of severity he alleges in his affidavit. I am satisfied that the United States intelligence agency did not have actual knowledge that Khadr would be abused when it paid the bounty for his arrest. However, I am equally satisfied this agency ought to have known that there was a credible risk he would be mistreated.

"5. Khadr's rights to consular access without delay were denied by Pakistan. The United States and Pakistan collaborated in this delay in order to facilitate the completion of American intelligence interrogations.

"6. I am satisfied for reasons previously stated that the United States intelligence agency pressured the ISI to delay Khadr's repatriation to Canada for a period of six months. The delay was caused by American dissatisfaction with the decision to return Khadr to Canada without charges being laid. This delay was contrary to Canadian officials' expectations and wishes that Khadr be repatriated. It was a source of frustration: Canadian officials had fully expected Khadr to be released and had made preparations for his return to Canada."