Omar Ahmed Said Khadr (; born September 19, 1986) is a Canadian who, at the age of 15, was detained by the United States at Guantanamo Bay for ten years, during which he pleaded guilty to the murder of U.S. Army Sergeant 1st Class Christopher Speer and other charges. He later appealed his conviction, claiming that he falsely pleaded guilty so that he could return to Canada where he remained in custody for three additional years. Khadr sued the Canadian government for infringing his rights under the Charter of Rights and Freedoms; this lawsuit was settled in 2017 with a 10.5 million payment and an apology from the federal government.
Born in Canada, Khadr was taken to Afghanistan by his father, who was allegedly affiliated with Al-Qaeda and other terrorist organizations. On July 27, 2002, at age 15, Khadr was severely wounded during fighting between U.S. soldiers and Taliban fighters in the village of Ayub Kheyl; Khadr is alleged to have thrown the grenade that killed Speer. After he was captured and detained at the Bagram Airfield, he was sent to the Guantanamo Bay detention camps in Cuba. During his detention, Khadr was interrogated by both Canadian and US intelligence officers.
After eight years in detention, Khadr pleaded guilty in October 2010 to "murder in violation of the laws of war" and four other charges at a hearing before a United States military commission.Sean Flynn, "The Defense Will Not Rest" , GQ Magazine, August 2007, p. 1 The charges were filed under the US Military Commission Act of 2006 and considered under US law to be war crimes, although the act was not in place at the time the alleged offenses took place. Khadr agreed to an eight-year sentence with no credit for eight years already served and the possibility of a transfer to Canada after a minimum of one year and parole eligibility after three years.
According to the UN, Khadr was the first person since World War II to be prosecuted in a military commission for war crimes committed while still a minor. His conviction and sentence were denounced by some civil rights groups and the United Nations Special Representative for Children and Armed Conflict.
Meanwhile, early in 2010, the Supreme Court of Canada had ruled that the Canadian government's interrogation of Khadr at Guantanamo Bay "offend[ed] the most basic Canadian standards [of] the treatment of detained youth suspects", but stopped short of ordering Khadr's repatriation. However, on September 29, 2012, Khadr returned to Canada to serve the remainder of his sentence in Canadian custody.
Khadr was released on bail in May 2015 (pending an appeal of his U.S. conviction) after the Alberta Court of Appeal refused to block his release as had been requested by the Canadian government. In 2017, the Canadian government announced a million settlement with Khadr to compensate for damages arising from its previous handling of the case. Tabitha Speer, Christopher Speer's widow, filed an application to enforce a million Utah default civil judgment in Canada. On March 25, 2019, the Alberta Court of Queen's Bench ruled that Khadr's time on conditional release counted towards his sentence, which was declared completed.
Early life Khadr was born in Toronto on September 19, 1986, to Ahmed Khadr and Maha el-Samnah, Egyptian and Palestinian immigrants who became Canadian citizens. The Khadr family had moved to Peshawar, Pakistan, in 1985, where his father worked for charities helping Afghan refugees.
He spent his childhood moving back and forth between Canada and Pakistan. He had six siblings and his mother wanted to raise their family outside of Canada, as she disliked some of its Western social influences."The Khadr family" , CTV News, January 12, 2006.
In 1992, Khadr's father was severely injured while in Logar, Afghanistan. Following the injury, the family moved to Toronto so he could recover. Omar enrolled at ISNA Elementary School for Grade 1.
In 1995, after the family's return to Pakistan, Omar's father, Ahmed, was arrested and accused of financially aiding the Egyptian Islamic Jihad in the bombing of the Egyptian embassy in Pakistan.Richard A. Clarke, Statement to the House on Terrorist Financing to the United States Senate Committee on Banking, Housing, and Urban Affairs, October 22, 2003. During his imprisonment, Ahmed was hospitalised following a hunger strike, before being released a year later due to lack of evidence. In 1996, Ahmed Khadr moved his family to Jalalabad, Afghanistan, where he worked for an NGO.
Following the September 11, 2001 attacks in the United States, Omar's mother and his siblings feared U.S. bombing of Afghanistan, and retreated toward the Pakistani mountains, where the father visited infrequently., both inactive archived site and current site
In early 2002, Khadr was living in Waziristan with his mother and younger sister. At one point, he was forced to wear a burqa and disguise himself as a girl to avoid scrutiny, an act that upset him. When his father returned, Omar asked to be allowed to stay at a group home for young men, despite his mother's protests. His father agreed, and a month later allowed Omar to accompany a group of Arabs associated with Abu Laith al-Libi who needed a Pashto translator during their stay in Khost.CBS News, "Omar Khadr: The Youngest Terrorist?"
According to the April 2007 charges from the military commission, Khadr received "one-on-one" weapons training in June 2002,CBS News, "Murder Charges For Canadian Gitmo Inmate", CBS News, April 24, 2007. and his visits to his mother and sister became less frequent.
Firefight and capture Starting in February 2002, American soldiers used an abandoned Soviet airbase in Khost, Afghanistan, as an intelligence-gathering outpost, with the goal of gaining the trust of the local community.Shephard, Michelle. Toronto Star, Khadr goes on trial , April 29, 2007
In the early morning of July 27, 2002, a team made up of the 19th Special Forces Group, the 505th Infantry Regiment and about twentyMcLeon, Kagan, National Post, "One U.S. soldier was killed and four others injured in a fierce gun battle in a remote village in Afghanistan." Afghan fighters associated with Pacha Khan Zadran, were sent to a house on a reconnaissance mission.Dustoff Newsletter, "Rescue of the Year" , Fall-Winter 2002Baldauf, Scott. Christian Science Monitor, "Firefight shows strong al-Qaeda persistence" , July 29, 2002.
While at the house, a report came in that a monitored satellite phone had recently been used within 300–600 metres of the unit's location,OC-1 CITF witness report, March 17, 2004 and seven soldiers were sent to investigate the origin of the call.
Led by Major Randy Watt, the group included XO Captain Mike Silver, Sgt. Christopher Speer, Layne Morris and Master Sgt. Scotty Hansen, the last three from the 19th Special Forces Group; Spc. Christopher J. Vedvick from the 505th, and his fire team.Mike Leavitt. "Utah State of the State Address", January 21, 2003.
The men arrived at a residential complex with earthen huts and a granary, surrounded by a stone wall with a metal gate approximately 100 metres from the main hut.
Seeing five men described as "well-dressed" in the main residence with AK-47s nearby, there is dispute whether the Americans approached and told the occupants to open the front doorBravin, Jess. Wall Street Journal. "At Guantanamo, even 'easy' cases have lingered" , December 18, 2006. or set up a perimeter around the complex. In the end, the team waited approximately 45 minutes for support to arrive.
By that time a crowd of about 100 local Afghans had gathered around the area to observe the operation. An Afghan militiaman was sent toward the house to demand the surrender of the occupants, but retreated under gunfire.
Reinforcements from the 3rd Platoon of Bravo Company, 1st Battalion 505th Infantry Regiment arrived under the command of Captain Christopher W. Cirino,Fayetteville Observer story on firefight , August 3, 2002 bringing the total number of soldiers to about fifty.Schmitt, Eric. The New York Times, "A Green Beret Dies of Wounds Sustained in Afghanistan in July", August 13, 2002 Two more Afghans were sent to speak with the residents, and they returned and reported that the men claimed to be Pashtun villagers. The Americans told them to return and say the Americans wanted to search their house regardless of their affiliation.Drudge, Michael. VOA News, Afghanistan/Combat, August 1, 2002 When the militiamen shared this information, the occupants of the hut opened fire, shooting both messengers.Worthington, Andy. The trials of Omar Khadr, Guantánamo's "child soldier" , November 7, 2007.Note: The translators have been describe in reports as "wounded" or "killed" by the opening fire. At least one woman and a child fled the huts, while the remaining occupants began throwing grenades at the American and Afghan troops, paired with intermittent rifle fire.
Morris and Silver took up positions outside the stone wall. Morris received a cut above his right eye and had shrapnel embedded in his nose. At first, Morris and Silver thought the wound was due to Morris's rifle malfunctioning, but it was later attributed to a grenade.Struck, Doug. Washington Post, "In Canada, an Outcast Family Finds Support" , June 9, 2005. Morris was then dragged a safe distance from the combat, and was shortly after joined by Spc. Michael Rewakowski, Pfc. Brian Worth and Spc. Christopher J. Vedvick, who had also been wounded by grenades.Schult, Ann Marie. ArmyLINK News, "Five Injured in most recent Afghan firefight awarded Purple Hearts", August 2, 2002.
At 09:10 UTC, the Americans sent a request for MedEvac to the 57th Medical Detachment. Ten minutes later, a pair of UH-60 Blackhawk helicopters were deployed, with AH-64 Apache helicopters as an escort. Arriving at the scene, the Apaches strafed the compound with cannon and rocket fire, while the medical helicopters remained from the ongoing firefight. The helicopters landed at 10:28 UTC to load the wounded aboard. Afterwards a pair of A-10 Warthog aircraft dropped multiple 500 lb bombs on the compound.
At this point, a five-vehicle convoy of American reinforcements arrived, bringing the number of troops to approximately 100. Two of these vehicles were destroyed by the militants. Ten minutes later, the MedEvac left for Bagram Airbase and reached Bagram Airfield at 11:30.
Unaware that Khadr and one other militant had survived the bombing, the ground forces sent a team consisting of OC-1, Silver, Speer and three Delta Force soldiersIt is not clear if OC-1 was one of the Delta Force soldiers through a hole in the south side of the compound's wall.CBC, "Did Friendly Fire Kill Medic, Not Khadr?" , April 12, 2008.
The team found the bodies of dead animals and three fighters. According to Silver's 2007 telling of the event, he heard a sound "like a gunshot" and saw the three Delta Force soldiers duck. A grenade went by the men and exploded near the rear of the group, injuring Speer, who was "wearing Afghan garb and helmetless."Humphreys, Adrian. "Khadrs must pay $102M" , National Post, February 20, 2006.
OC-1 reported that although he didn't hear any gunfire, the dust from the north side of the complex led him to believe the team was under fire from a shooter between the house and barn. He reported that a grenade was lobbed over the wall that led to the alley and landed 30–50 metres from the alley's opening. Running towards the alley to avoid the blast, OC-1 fired a dozen M4 Carbine rounds into the alley as he ran past, although there was no visibility due to clouds of dust. Crouching at the southeast entrance to the alleyway, OC-1 could see a man with a holstered pistol and two chest wounds moving on the ground next to an AK-47. From his position OC-1 fired a single shot into the man's head, killing him. When the dust cleared, OC-1 saw Khadr crouched, facing away from the action and shot Khadr twice in the back.