Child Soldier for Al Qaeda Is Sentenced for War Crimes

Link

Child Soldier for Al Qaeda Is Sentenced for War Crimes

WASHINGTON — A United States military commission at Guantánamo Bay has sentenced a former child soldier for Al Qaeda to 40 years in prison for war crimes — but he might be released in less than three years, the Defense Department said.

A panel of seven military officers at the American military base in Cuba determined on Sunday that the child soldier, Omar Khadr, 24, should be imprisoned — for terrorism-related offenses he committed in Afghanistan when he was a teenager — until he nearly reaches retirement age.

But that sentence was theoretical. Under the terms of a plea agreement, Mr. Khadr will serve no more than eight years. Moreover, after one year, Mr. Khadr, a Canadian citizen, is likely to be transferred to a prison in Canada, where he would be eligible to apply for parole after serving two years and eight months.

“Were Khadr to be transferred, the terms of his incarceration would be subject to existing Canadian laws pertaining to custody and conditional release,” the Defense Department said in a statement, adding that the United States understood that Mr. Khadr “would be eligible to apply for parole after serving one-third of his sentence.”

Exactly how Mr. Khadr’s case will be handled by the Canadian parole system is unclear.

In murder cases, the Parole Board of Canada normally credits preconviction time served in custody to calculate when prisoners can apply for parole. Because Mr. Khadr was arrested just over eight years ago, he could be eligible as soon as he enters Canada.

But murder convictions in Canada carry a mandatory life sentence, which may enable the parole board to alter its normal practice, said David M. Paciocco, a law professor at the University of Ottawa. And because Mr. Khadr was 15 at the time of his arrest, special provisions of Canada’s prisoner-transfer laws related to murder convictions may apply, said Allan Manson, a professor of law at Queen’s University in Kingston, Ontario.

Even if Mr. Khadr is turned down on his first application, Professor Manson said, he is almost certain to be released after serving two-thirds of his sentence.

Mr. Khadr was captured in Afghanistan in 2002 after a firefight with American troops.

During that battle, an American sergeant, Christopher Speer, was killed by a grenade that Mr. Khadr was accused of throwing. A videotape found after the firefight was said to show Mr. Khadr making and planting roadside bombs.

Last week, Mr. Khadr, who was born in Toronto and comes from a Qaeda-linked family, pleaded guilty to all five charges against him, including murder in violation of the laws of war, spying and providing support to terrorism.

After his plea, a jury of seven military officers — who had not been told how long his maximum imprisonment would be under the plea agreement — spent several days hearing testimony about how to sentence him. Under tribunal rules, he would serve either the sentence imposed by the panel or the maximum time laid out in the plea agreement, whichever was shorter.

Prosecutors called Tabitha Speer, the widow of the Army sergeant killed by the grenade, who read letters from their children about their sadness at losing their father. The children were 3 and 9 months when their father died.

The defense, which argued for leniency because of Mr. Khadr’s youth, submitted evidence that he would probably attend a college in Edmonton, Alberta, after his release. Mr. Khadr also acknowledged responsibility for his acts and apologized to Ms. Speer.

Although prosecutors asked for a sentence of 25 years, the panel decided instead on a 40-year term. After the official sentence was announced, the judge disclosed Mr. Khadr’s eight-year plea agreement.

The judge also released the text of diplomatic notes exchanged by the United States and Canada over Mr. Khadr’s eligibility for eventual transfer.

In them, the United States said it would support his application to transfer after a year, and the Canadian government said it was “inclined to favorably consider Mr. Khadr’s application to be transferred to Canada to serve the remainder of his sentence.”

Both governments expressed doubt about whether the parole board in Canada — an independent agency— would release Mr. Khadr early, emphasizing “that eligibility for parole does not mean that the release will be granted.”