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US court weighs Guantanamo case | US court weighs Guantanamo case |
(about 5 hours later) | |
A new US appeals court has begun hearing the case of a Canadian accused of killing a US soldier in Afghanistan. | |
The US government has gone to the Court of Military Commission Review to appeal against a decision by military judges in June to throw out Mr Khadr's case. | |
The case collapsed because US military authorities had failed to designate him an "unlawful" enemy combatant. | The case collapsed because US military authorities had failed to designate him an "unlawful" enemy combatant. |
They had sought to make Mr Khadr one of the first Guantanamo Bay inmates to be tried before a military commission. | They had sought to make Mr Khadr one of the first Guantanamo Bay inmates to be tried before a military commission. |
Critics have questioned the legality of the new appeals court, which was quickly set up and staffed after the US government appealed against the judges' ruling. | Critics have questioned the legality of the new appeals court, which was quickly set up and staffed after the US government appealed against the judges' ruling. |
But in opening discussions, the military judges did not appear to accept Mr Khadr's attorneys' argument that the court had been improperly formed. | |
The appeals court is expected to rule within a month on whether Mr Khadr should have to face a military commission. | |
No jurisdiction? | No jurisdiction? |
The US authorities hope the appeals court's decision will end the legal limbo which has paralysed the new tribunal system since June. | |
The issue stems from the fact that under a new system of military justice approved by Congress last year, detainees facing trial must be designated "unlawful enemy combatants". | The issue stems from the fact that under a new system of military justice approved by Congress last year, detainees facing trial must be designated "unlawful enemy combatants". |
When they were assessed years earlier they were described only as "enemy combatants". | When they were assessed years earlier they were described only as "enemy combatants". |
The word "unlawful" did not appear, giving the new tribunals no jurisdiction, according to the military judges who heard Mr Khadr's case. | The word "unlawful" did not appear, giving the new tribunals no jurisdiction, according to the military judges who heard Mr Khadr's case. |
The Pentagon argues there is no material difference between the two terms and that it is a matter of semantics. | The Pentagon argues there is no material difference between the two terms and that it is a matter of semantics. |
If the appeals court rules against the government, it is possible that review tribunals will have to reassess some 520 prisoners designated simply as "enemy combatants". | If the appeals court rules against the government, it is possible that review tribunals will have to reassess some 520 prisoners designated simply as "enemy combatants". |
Charges 'unproven' | Charges 'unproven' |
Mr Khadr, now 20, was only 15 when he was captured in Afghanistan, and was accused of killing a US soldier during a battle at a suspected al-Qaeda base in 2002. | |
His lawyers argue that he cannot be labelled as a terrorist until the charges against him are proven in court. | His lawyers argue that he cannot be labelled as a terrorist until the charges against him are proven in court. |
The case against another Guantanamo Bay detainee, Yemeni Salim Ahmed Hamdan, was also dropped because of the failure of US military officials to call him "unlawful". | The case against another Guantanamo Bay detainee, Yemeni Salim Ahmed Hamdan, was also dropped because of the failure of US military officials to call him "unlawful". |
Salim Ahmed Hamdan has been accused of being al-Qaeda leader Osama Bin Laden's driver and bodyguard. Mr Hamdan says he was just a driver and not an al-Qaeda member. | Salim Ahmed Hamdan has been accused of being al-Qaeda leader Osama Bin Laden's driver and bodyguard. Mr Hamdan says he was just a driver and not an al-Qaeda member. |
He had appeared in court charged with murder, attempted murder, conspiracy and providing support for terrorism. | He had appeared in court charged with murder, attempted murder, conspiracy and providing support for terrorism. |
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