• Logout
  • Member Center

Khadr lawyer: Questioners told to destroy notes

 
This before-and-after image shows a photo of Canadian Omar Khadr, at an unknown time before his capture at age 15 in Afghanistan, and as a 21 year old man from court sketch done by CBC contract artist Janet Hamlin during Khadr's May 2008 war crimes trial at Guantánamo Bay. He is accused of the July 2002 grenade killing of a U.S. Special Forces commando in Afghanistan.
This before-and-after image shows a photo of Canadian Omar Khadr, at an unknown time before his capture at age 15 in Afghanistan, and as a 21 year old man from court sketch done by CBC contract artist Janet Hamlin during Khadr's May 2008 war crimes trial at Guantánamo Bay. He is accused of the July 2002 grenade killing of a U.S. Special Forces commando in Afghanistan.

Associated Press

The Pentagon urged interrogators at Guantánamo Bay to destroy handwritten notes in case they were called to testify about potentially harsh treatment of detainees, a military defense lawyer said Sunday.

The lawyer for Toronto-born Omar Khadr, Navy Lt. Cmdr. William Kuebler, said the instructions were included in an operations manual shown to him by prosecutors and suggest the U.S. deliberately thwarted evidence that could help terror suspects defend themselves at trial.

Kuebler said the apparent destruction of evidence prevents him from challenging the reliability of any alleged confessions. He said he will use the document to seek a dismissal of charges against Khadr.

A Pentagon spokesman, Navy Cmdr. Jeffrey Gordon, said he was reviewing the matter Sunday evening.

The ''standard operating procedures'' manual that contained the purported instructions was made available to Kuebler last week as part of a pretrial review of potential evidence, the Navy lawyer said.

''The mission has legal and political issues that may lead to interrogators being called to testify, keeping the number of documents with interrogation information to a minimum can minimize certain legal issues,'' the document is quoted as saying in an affidavit signed by Kuebler.

The document could support challenges by other detainees to suppress confessions at Guantánamo, where the U.S. military says it plans to prosecute as many as 80 of roughly 270 detainees before the first U.S. war-crimes tribunals since World War II.

The case against Khadr, who was captured in Afghanistan when he was 15, is on track to be one of the first to trial. He faces war-crimes charges including murder for allegedly throwing a grenade that killed a U.S. Special Forces soldier during a 2002 firefight.

Kuebler said the nature of the interrogations is particularly relevant in Khadr's case because prosecutors are relying on evidence ''extracted'' from him at Bagram air base in Afghanistan and at Guantánamo.

''If handwritten notes were destroyed in accordance with the SOP, the government intentionally deprived Omar's lawyers of key evidence with which to challenge the reliability of his statements,'' Kuebler said in an e-mail to reporters.

The operations manual, which dates to January 2003, was attached to a 2005 report on an investigation into detainee abuse allegations at Guantánamo, Kuebler said. A summary of the findings was released at the time, but the defense lawyer said the section including the manual has not been made available publicly.

The so-called Schmidt-Furlow report documented degrading treatment, including one instance of a top terror suspect forced to dance with another man and behave like a dog. But investigators stopped short of saying torture occurred.

Join the discussion

Note: If this is your first time using our NEW commenting system, you will have to LOG OUT and then LOG BACK IN.

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. In order to post comments, you must be a registered user of MiamiHerald.com. Your username will show along with the comments you post. Thank you for taking the time to offer your thoughts.

Comments (0)
  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category