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Judge Dismisses Charges Against Detainee

Posted on: Monday, 4 June 2007, 12:00 CDT

GUANTANAMO BAY NAVAL BASE, Cuba - A military judge dismissed charges Monday against a Canadian who was 15 when he was captured in Afghanistan, a surprise ruling that came minutes into the arraignment of the man classified as an "enemy combatant" at Guantanamo Bay.

Omar Khadr faced charges he committed 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.

Khadr had been classified as an "enemy combatant" by a military panel years earlier at Guantanamo Bay, but because he was not classified as an "alien unlawful enemy combatant," Army Col. Peter Brownback said he had no choice but to throw the case out.

"The charges are dismissed without prejudice," Brownback said as he adjourned the proceeding.

The Military Commissions Act, signed by President Bush last year after the Supreme Court threw out the previous war-crimes trial system, says specifically that only those classified as "unlawful" enemy combatants can face war trials here.

The dismissal of the charges does not mean he will be freed from Guantanamo. Only three of the roughly 380 men held at this isolated military base on suspicion of links to the Taliban and al-Qaida have been charged under the new military tribunal system.

Khadr was 15 when he was captured in Afghanistan after a firefight in 2002 in which he was wounded and allegedly killed a U.S. soldier with a grenade. He appeared in the courtroom with a beard and wearing an olive-green prison uniform.

Source: Associated Press/AP Online

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