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Daphne Eviatar

Daphne Eviatar

Posted: October 27, 2010 09:39 AM

In testimony Tuesday afternoon that literally had my jaw dropping, a forensic psychiatrist called by the U.S. government testified that Omar Khadr, the Canadian who Monday pled guilty to a slew of terrorist acts including murder, is too dangerous to be released because he is sincerely religious and became even more devout at the Guantanamo Bay prison.

Dr. Michael Welner, a New York psychiatrist presented as an expert by the prosecution, spent most of the afternoon in a military commission hearing today explaining that in his expert opinion, Omar Khadr, captured in 2002 at the age of 15 and imprisoned by the U.S. ever since, is "highly dangerous." Dr. Welner's conclusions were reached, he explained, based largely on his understanding of the work of a psychiatrist in Copenhagen, Dr. Nicolai Sennels, who published a study of young Muslims in prison there. Although Welner admitted that he hadn't actually read Dr. Sennels's book because it was written in Danish, which Welner can't read. He did have a conversation with Dr. Sennels about his theories and about Omar Khadr over the phone. Sennels apparently speaks English.

Welner also based his opinion on the written documents in the government's file on Omar Khadr, on television interviews that Khadr's relatives have given on English-language TV, and on one interview with Khadr in the Gitmo prison. And he relied on unspecified data given to him by the government about recidivism among Guantanamo inmates. The numbers of former Guantanamo prisoners who have turned to terrorism is hotly debated.

Welner testified that Dr. Sellner believes that the key factors determining whether a Muslim prisoner can be "deradicalized" are first, whether he exhibits remorse, and second, his degree of Westernization. Omar Khadr, he believed, failed on both counts. Although I can't possibly recount the many hours' worth of testimony about why that is, the short version is that Welner found Omar Khadr to be "angry" when he met with him: "he's very angry about being here."

Khadr, remember, has been imprisoned at Guantanamo Bay for eight years without trial. At the Bagram prison in Afghanistan, he was threatened with gang rape and death if he didn't cooperate with interrogators.

As for Westernization, although Khadr's English is flawless, "he has studied the Koran" and "regularly leads prayers" in the Guantanamo prison, said Welner, arguing that was a sign of radicalization. He "expressed no interest in developing himself academically," said Welner, because when given U.S. schoolbooks - not classes, just books - he did not show much interest in reading them. Instead, he read Harry Potter, which Welner characterized as a form of "escapism."

The fact that Khadr is surrounded by all Muslim prisoners -- a choice made by the U.S. military, not Omar Khadr -- is also a strike against him, said Welner. He's been "marinating in radical Jidahism," Welner said several times on Tuesday. Welner had not spoken to any of the other prisoners in Camp 4, and the source of his information about those prisoners and their beliefs was unclear.

Finally, Dr. Welner testified that Khadr would be a danger to society because "he identifies most closely with his family." Khadr's father, who was killed in Pakistan in 2003, was known as an al Qaeda financier. Welner proceeded to quote Khadr family members who'd given interviews to the media, including his sister, who told a TV reporter that she admired the bravery of a suicide bomber she'd heard about. Welner added that Khadr is also something of a "rock star" among inmates due to his al Qaeda family connections, and glistens with the "stardust" of having met Osama bin Laden.

Welner also testified that the child-like Omar who's been without a father for seven years is vulnerable to father figures in the camp who "take him under their wing."

It's not clear how the military jury will respond to all of this. (The defense will cross-examine Welner today.) But one thing the government's expert made clear is that Omar Khadr was indeed a child when he was working for his father, and later for his father's friends, as an adolescent. (Many of the facts in the 50-paragraph stipulation of facts that form the basis for his plea bargain confirm that as well.) And like most child soldiers, Omar Khadr, dragged between Pakistan, Canada and Afghanistan as a youth, likely had little choice over whether to assist al Qaeda or live his own life.

Had the United States government followed through on the promises it made when it signed the United Nations Protocol to the Convention on the Rights of the Child, it wouldn't have this problem now. The United States would have separated Omar Khadr from adult prisoners, offered him rehabilitation and a meaningful education, and ultimately given him an opportunity to live a peaceful and respectable life.

Khadr's anger isn't due to his religion, of course, but to the torture and injustice he's faced for the past eight years. It's the United States' failure to recognize the difference that feeds fears that the U.S. is fighting a "war against Islam" -- understandably making some Muslims fearful and hostile.

As I reported Monday, after weeks of negotiations, Omar Khadr has agreed to plead guilty to everything the government ever accused him of, despite the dearth of evidence supporting some of the charges and even though none of those charges appropriately belonged in a military commission. In the stipulation, we saw also that, in the statement's final paragraph, Khadr agreed that he "does not have any legal defense to any of the offenses to which he is pleading guilty."

The Obama administration thus neatly washed its hands of the serious legal problems with its first military commissions trial. But it cannot so neatly solve the problem of having violated its international legal obligations, not to mention moral principles, when it comes to deciding the future of Omar Khadr.

 

Follow Daphne Eviatar on Twitter: www.twitter.com/deviatar

 
 
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HUFFPOST SUPER USER
HeadAches
I'm here, getting into your head giving you...
05:54 PM on 11/03/2010
"Sennels apparently speaks English."

Ahahahaha oh thats funny but I guess this info is necessary in a country with no language education.

Every Dane learns English in school, many also learn German and French in addition, so in general, expect every Dane, Swede and Norwegian to speak English. All TV shows are shown in original language, American shows in English, German shows in German and then they are subtitled in the local language.
05:15 PM on 10/29/2010
If killing an enemy combatant during a war is a war crime, then there are many of our soldiers in peril. Bring them home before they incriminate themselves.
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11:27 AM on 10/28/2010
I want to thank poster BlairCase for this link to a news story about the Khadr family:

http://edition.cnn.com/2009/WORLD/americas/02/09/gitmo.omar.khadr/index.html

Based on that news report, I say the Canadian government has been criminally remiss in allowing such people to retain Canadian citizenship.

If Canada has no law under which to prosecute/deport such people, it should. Sedition should be illegal. Western Muslims who support the Sharia doctrine of Islamic supremacy through jihad are guilty of sedition.
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GoodwithWood
Dis eas all yoooour fault
12:28 AM on 11/02/2010
Puts a differant perspective on it.
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GoodwithWood
Dis eas all yoooour fault
12:31 AM on 11/02/2010
Sounds like family belongs in Gitmo and the kid in another family.
12:09 AM on 10/28/2010
I don't know much about this Young Man/Prisoner, and what he's done to WIN this Free-Trip, to this Tropical Paradise?

But just like Daphne, I know -more than enough-about International Law & Obligations, to Realize that this Trial is a Farce!

Child Soldiers, are supposed to be Protected by International Conventions, against Travesties like this.....

Peace, Love & Respect.
09:36 PM on 10/27/2010
What is worse is my government's (Canada) collusion from the beginning in not demanding the return of this horribly abused child...and in a year when he is eligible to return home to Canada...I thing the idiots who are running the country now will refuse to take him because...well they are idiots that have not acknowledged that Canada too is a signatory to the UN resolution on child soldiers...
RTIII
Poster of over 0.0135% of all HufPost comments
07:07 PM on 10/27/2010
Thank you, Daphne, for reporting these things. Shameful is all I can say.

The USA is today NOTHING like what we were all told it was when we were children. NOTHING. (And it sure isn't the fault of liberals / progressives.)
Bellla
Trans & Proud
05:49 PM on 10/27/2010
Ha! SCOTUS Scolia's religiosity makes him dangerous! To Gays, Trannies and Women in general!
05:47 PM on 10/27/2010
This boy had every right to fight for his life and defend his home from an invading force. Self defense is a human right. He was not the attacker but the defender. He was criminalized for being related to someone who was related to someone who was related to someone feared. The real criminal here is our nation.
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GoodwithWood
Dis eas all yoooour fault
12:26 AM on 11/02/2010
There is video of him making bombs in the compound. It was a bomb factory.
07:33 AM on 11/02/2010
Yea right. If you believe that you'll believe anything.
05:22 PM on 10/27/2010
Are religious conservatives dangerous (and homicidal)? You betcha. Always have been and always will be; they like it that way. When Khadr's mother and sister were first interviewed on CBC, his sister's response to the charges against him was: "He killed a few people. So what?"
07:58 AM on 11/02/2010
There are a lot lies going around. Are you spreading them?

Google "He killed a few people. So what?" If you're quoting, where is it? Link please.
04:38 PM on 10/27/2010
Dennis Edney, Kadr's Canadian lawyer was interviewed on the radio a couple days ago and basically said that Omar pleaded guilty because the trial is so stacked against him that he would most certainly have been found guilty and spent many years, if not the rest of his life in a U.S. prison. By pleading guilty he will have to serve about 8 years. The first year will be in a U.S. prison after which he can apply to be transferred to a Canadian prison. Actual time served in Canadian prisons is much more lenient that the U.S. With good behaviour he would be out in 1 or 2 years. I suspect that anyone but those with a martyrdom complex would do the same. Now, the only hitch is if the Canadian government will take him. Prime Minister Harper has been a hawk on this case ever since he got into power, ignoring his own Supreme Court that ruled Kadr should be repatriated because of his treatment at the hands of American and Canadian interrogators and the denial of American Military Justice in the Kangaroo Court that is Guantanamo. I'm no fan of Kadr and his Jihadi family, but this man's rights have been thoroughly trampled upon by everybody.
HUFFPOST SUPER USER
BlairCase
04:51 PM on 10/27/2010
I think the prosecution might have had trouble convicting Omar Khadr on the murder charge, but the evidence on the other charges was overwhelming. The evidence was stacked against him.
05:17 PM on 10/27/2010
Evidence or not, Kadr should not even be in a Military Court to begin with. He was 15 at the time, which means that he was a child. The U.S. is a signatory to the U.N. child soldier protocol which prohibits governments and rebel groups from deploying children under the age of 18 in any form of armed conflict. The U.S. has decided to ignore that protocol by not recognizing Kadr's age at the time. Al Qaeda might be a despicable group, but it is still a rebel group and falls under the U.N. definition. Once again the U.S. government picks and chooses what rules it will follow as best serves it. How this whole sorry affair best serves the U.S. is a mystery.
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HUFFPOST SUPER USER
tnlcallen
04:27 PM on 10/27/2010
I say let the poor guy go. He's going to need someplace to stay though. Do you have a spare room Miss Eviatar?
HUFFPOST SUPER USER
BlairCase
05:36 PM on 10/27/2010
On his flight to Canada, can we give him a seat next to Juan Williams?
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HUFFPOST SUPER USER
Sam1jere
Open-minded, sports lover, Red
04:04 PM on 10/27/2010
Is Dr. Welner really a scientist? In a nutshell, Khadr is a danger because of a theory he hadn't read (Dr. Sennels), relative lack of westernization or personal remorse, access to information provided by the very people who captured Khadr and labelled him a terrorist! Hmmm.

John Stuart Mill defined truth as what's left when all possibilities have been eliminated. Is that what Welner really got here?

Continued detention of people like Khadr has merely reinforced their martyr complex and created heroes from nothing. It must have also unwittingly added numbers to the jihadists cause. Quite the opposite of what the "war on terror" set out to achieve. Hounding a religious grouping is of course a key rouser of sympathy for their cause. Majority love the underdog, of which Islam is here.

Like the various wars being fought in Afghanistan and Iraq today, and predecessors like Vietnam and Korea, it is all pointless. All it has done is irreparably created enemies to the US interest, and that hostility is likely to keep fueling the very problems shown by the Khadr's of this world.

Insanity can be defined as doing the same thing over and over again, but expecting different results each time. If this clearly hasn't worked, why can't the US just try different tactics, e.g. dialogue? Assuming all Muslims are jihadists misses the point even before anything has began.
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peterg76
Freelance medical transcriptionist
03:36 PM on 10/27/2010
The Khadr show trial is so amateurish I'm starting to wonder if it's been done as a neurotic kind of confession and acknowledgement of the abuse at Guantanamo.
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HUFFPOST SUPER USER
frank day
Obama cares about all of U.S.
03:51 PM on 10/27/2010
He pled GUILTY. Even after the judge asked him if he understood what he was doing.

Obama kept Gitmo open. What does that say?
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OneTop
Uh, is that a beer hall?
04:07 PM on 10/27/2010
It is the equivalent of a Kangaroo court.

Setting aside whether he did or did not do what he was accused of, he was indisputably a child at the time of the incident. Under international law and agreements which the U.S. is a signatory Kahdr should never have been subjected to what he has been.
http://www.warchild.org/links_resources/childsoldiers/childsoldiers.html
Once again the U.S. has chosen to defy international as well as U.S. law when it sees fit to do so. It fits nicely with being a known to.rt.ure State.
If you had been following this horrendous case, you would know that Khadr plead guilty for specific reasons.
http://www.theglobeandmail.com/news/politics/second-reading/spector-vision/did-omar-khadr-perjure-himself/article1772903/ which really are not related to any of the charges.

Hence the absolute folly of the so-called trial.
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peterg76
Freelance medical transcriptionist
06:24 PM on 10/27/2010
It says 1) Obama is a war criminal and 2) torture can make someone say anything.
HUFFPOST SUPER USER
Trinity718
03:33 PM on 10/27/2010
so tragic.....
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HUFFPOST SUPER USER
Ahurani
God grant me patience - NOW!
03:09 PM on 10/27/2010
We are guaranteed the right to a speedy trial as citizens, but beyond that, it's logical, ethical, and judicious. Unless of course, we decide someone doesn't deserve it. Tossing someone into prison for eight years without trial? How is that different from from political prisoners around the world? Where we claim they are being unlawfully imprisoned? If we have evidence he's guilty, if he's a teenager who should be tried as an adult, then do it. Don't dump him into a cell and forget about him. If we do that, then we're no better than any other dictator anywhere else in the world.
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EllaMai
Non-violent complainer. From North of the border.
03:38 PM on 10/27/2010
But there was no evidence to prove murder. They can't prove he fired a gun or held a grenade on the day that Speers died. They can't even prove that grenade wasn't lobbed by an American soldier outside of the wall around the huts. Are the military exempt from following the law?
HUFFPOST SUPER USER
BlairCase
05:19 PM on 10/27/2010
Many experts think Omar Khadr might have been acquitted on the murder charge; however, the evidence against him on other charges was overwhelming. Had he been an adult, the sentence on these charges would have been death or a life sentence. Because of his age, the sentence in the pleas bargain agreement is eight years. The terms of the sentence have not yet been revealed, but it's likely to focus on rehabilitation.
RTIII
Poster of over 0.0135% of all HufPost comments
08:00 PM on 10/27/2010
Yes.