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"Self-incriminating statements Khadr made are at the heart of the prosecution case in the murder charge he faces"
A key question in Khadr's trial will be whether those who judge him accept as true self-incriminatory statements made by Khadr. The tribunal has already ruled the statements were not obtained by torture and are admissible.
Ignoring the politics, there is a legal issue about admitting the statements.
Under Canadian (and domestic US) criminal law the test for admitting statements made by an accused to a "person in authority" is far higher than "was it obtained by torture". The question is rather "was the statement free and voluntary". And to be admissible such statement must be proven to be free and voluntary to beyond reasonable doubt.
It is virtually certain that none of Khadr's statements would meet that standard. A Canadian jury hearing the Khadr case would not hear his statements.
The exclusion of such statements is generally because (1) they are unreliable and (2) because Courts consider such evidence to be contrary to justice. Even if we ignore the second justification there are issues of reliability -- they will certainly be a focus of Khadr's trial.
5 comments:
People should stop calling it a trial. It's not a trial - it's a travesty of what we would think is a trial.
If you want a Canadian trial, Stay in Canada and don't go into war zones.
I agree it's not a recongizably Canadian trial -- as for staying in Canada, true, but at least the Federal Government should press for criminal law standards...
The problem Khadr has is that there is more evidence than simply his "confession". Seems to me that video of him making bombs isn't exactly going to make him a candidate for the Order of Canada.
Finally can we dismiss the notion that he was a child soldier?
Those that use this line don't seem to realize that the UN def. of child soldier includes someone 14 and under. Khadr was 15.
Downes;
It is a travesty that a Canadian child was put into a war zone in the first place. The people who were supposed to be responsible for his security and safety ie parents, should be in prison.
The whole thing is a travesty.
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