The Department of Defense announced today that a military commission sentenced Omar Khadr to 40 years in confinement after he pleaded guilty to murder in violation of the law of war, attempted murder in violation of the law of war, conspiracy, providing material support for terrorism, and spying.
A pre-sentencing hearing took place in a military commission courtroom at the U.S. Naval Station at Guantanamo Bay, Cuba. During his Oct. 25 guilty plea, Khadr admitted to throwing a grenade that killed Army Sgt. 1st Class Christopher Speer after a firefight between Khadr and his associates and coalition forces. Khadr admitted that prior to and during the firefight, he had the opportunity to safely leave but chose to stay and fight against the American and coalition forces. He admitted building and planting ten landmines, intending to kill as many Americans as possible.
Khadr was sentenced to 40 years by a panel of military officers, known as "members" -- the equivalent of a jury in civilian courts. Under the rules provided by the Manual for Military Commissions, Khadr will not receive credit for the time (more than eight years) that he spent in law of war detention before his conviction. Khadr's sentence is limited by the terms of his plea agreement to eight years confinement, but he receives the benefit of whichever is less -- the adjudged sentence or the eight-year sentence limitation. Consistent with the terms of Khadr's plea agreement, the governments of Canada and the United States exchanged notes reflecting that both would support Khadr's transfer to Canadian custody to serve the remainder of his approved sentence after he serves one year in U.S. custody.
After the military commission adjourns, the Office of Military Commissions finalizes the record of trial. The military judge and counsel from both sides then review the record to ensure it is accurate, after which it will be sent to the Convening Authority for Military Commissions. The Convening Authority may reduce, but not increase, Khadr's sentence. He may also set aside the findings with respect to any charge. After reviewing the record, the Convening Authority will take final action on the findings and sentence, announcing the sentence that Khadr will serve.
The United States Government (USG) has requested the assistance of the Canadian Government in implementing the plea arrangement the USG has made with Omar Khadr. As part of this plea agreement, Khadr has admitted his guilt for the following crimes: murder in violation of the law of war, attempted murder in violation of the law of war, conspiracy, providing material support for terrorism, and spying. The USG requested that Canada consider a request for transfer made by Khadr under existing treaty arrangements for the transfer of offenders between the two countries.
Were Khadr to be transferred, the terms of his incarceration would be subject to existing Canadian laws pertaining to custody and conditional release. The USG understands that the Canadian Government has no authority to mandate terms of Khadr's incarceration if he were to return to Canada. These terms are determined by the National Parole Board, which is an independent administrative tribunal.
In these circumstances, the USG understands and acknowledges that Khadr would be eligible to apply for parole in Canada after serving one-third of his sentence, and may be eligible for statutory release in Canada after serving two-thirds of the time remaining after his return to Canada.
The USG has indicated the urgency with which it has raised this matter with the Canadian Government and fully understands the consequences of the application of Canadian law to Khadr's prison terms if he is transferred to Canada, including the rules regarding eligibility for parole and statutory release.
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