也来谈一下卡德尔事件(加拿大政府赔偿恐怖分子)

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OK不是美国公民, 美国对他没有保护的责任.
美国国防部也和他达成了协议, 将他的刑期从40年降到了8年, 说明美国政府也知道对他的判决其实也并不是那么站得住脚的.

不是公民就可以随便关起来折磨十年?说不通。如果美国政府关他十年是合理合法的,加拿大配合一下也是合理合法的。
 
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2008年判决摘要: Issues may arise about whether it is appropriate for a Canadian court to pronounce on the legality of the process at Guantanamo Bay under which Mr. Khadr was held at the time that Canadian officials participated in that process. We need not resolve those issues in this case. The United States Supreme Court has considered the legality of the conditions under which the Guantanamo detainees were detained and liable to prosecution during the time Canadian officials interviewed Mr. Khadr and gave the information to U.S. authorities, between 2002 and 2004. With the benefit of a full factual record, the United States Supreme Court held that the detainees had illegally been denied access to habeas corpus and that the procedures under which they were to be prosecuted violated the Geneva Conventions. Those holdings are based on principles consistent with the Charter and Canada’s international law obligations. In the present appeal, this is sufficient to establish violations of these international law obligations, to which Canada subscribes.

美国最高法院认为美国政府在关塔那摩做法违反美国法律也违反了日内瓦公约。加拿大最高法院9名法官全体一致认为加拿大政府做法违法及没有尽到保护公民义务。难道我们吃瓜群众比他们懂法律?
 
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再看看2010年官司除了政府和Khadr还有哪些人以Interveners的身份参与,难道他们都是sb?

SUPREME COURT OF CANADA



CITATION: Canada (Prime Minister) v. Khadr, 2010 SCC 3, [2010] 1 S.C.R. 44


DATE: 20100129

DOCKET: 33289


BETWEEN:

Prime Minister of Canada, Minister of Foreign Affairs,

Director of the Canadian Security Intelligence Service and

Commissioner of the Royal Canadian Mounted Police

Appellants

and

Omar Ahmed Khadr

Respondent

‑ and ‑

Amnesty International (Canadian Section, English Branch),

Human Rights Watch, University of Toronto, Faculty of Law ‑ International

Human Rights Program, David Asper Centre for Constitutional Rights,

Canadian Coalition for the Rights of Children and Justice for Children and Youth,

British Columbia Civil Liberties Association, Criminal Lawyers’ Association (Ontario),

Canadian Bar Association, Lawyers Without Borders Canada,

Barreau du Québec, Groupe d’étude en droits et libertés de la Faculté

de droit de l’Université Laval, Canadian Civil Liberties Association and

National Council For the Protection of Canadians Abroad

Interveners


CORAM: McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ.
 
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That is incorrect according to testimony from the American soldiers who were there.

“I just remember being dumbstruck that there was someone being alive in there,” a Delta Force soldier told the Star during an interview for the . “After all that bombing, after all the ordinance we dropped in there, somebody was still alive.”Guantanamo’s Child. “After all that bombing, after all the ordinance we dropped in there, somebody was still alive.”

As the soldiers cleared the compound, their weapons were drawn. They did not expect any survivors.

A Pentagon report written after the firefight interviewing the soldier who shot Khadr, identified only as OC-1, raises the possibility that someone else was alive in the compound when the grenade that ultimately killed Speer was thrown. “He heard moaning coming from the back of the compound. The dust rose up from the ground and began to clear. He then saw a man facing him lying on his right side,” the report states.

The man had an AK-47 on the ground beside him and the man was moving. OC-1 fired one round striking the man in the head and the movement ceased. Dust was again stirred by this rifle shot. When the dust rose, he saw a second man sitting up facing away from him leaning against the brush. This man, later identified as Khadr, was moving . . . . OC-1 fired two rounds both of which struck Khadr in the back.”

Randy Watt, the commander who wrote that report after the action, later revised it to state that only one person was alive when the grenade was thrown. In an interview, he attributed the confusion to the “fog of battle.” He changed the report, he said, because he thought Khadr had been killed due to the severity of his injuries.

The report, and testimony from Watt and OC-1, would have been key evidence at Khadr’s Guantanamo trial, which was halted when the Pentagon offered him a plea deal.

A condition of the deal was that Khadr confess to killing Speer, which he did during an emotional 2010 hearing at Guantanamo where Speer’s widow Tabitha was present. Once released, Khadr did not deny throwing the grenade as his lawyers have insisted.
这个战场指挥官事后改写报告就说明心虚了。
 

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