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CANADIAN HELD IN AFGHANISTAN

September 5, 2002 (3:10 p.m. EDT) No. 98

CANADIAN HELD IN AFGHANISTAN

The Department of Foreign Affairs and International Trade today released information about its consular activities concerning a Canadian juvenile, Mr. Omar Khadr, who has been taken into custody by the American military in Afghanistan. Mr. Khadr is the second Canadian being held in Afghanistan.

On August 20, the Canadian government was contacted by the American authorities seeking information on the nationality of a juvenile, claiming to be a Canadian, whom they had taken into custody. Subsequently the Department of Foreign Affairs and International Trade was able to confirm that the individual is Canadian.

Mr. Khadr was captured by the American authorities in late July and was provided with medical care by U.S. authorities. The American authorities are treating Mr. Khadr as a "Person Under Control."

American authorities say that the circumstances surrounding the combat operation are still under investigation and that until the investigation is complete, no conclusions can be reached. Mr. Khadr has not been charged with any crime.

The Department of Foreign Affairs and International Trade sent a diplomatic note to the American Department of State on August 30 requesting that Canadian authorities be granted consular access to Mr. Khadr. Discussions are continuing with U.S. authorities.

The Department understands that representatives of the International Committee of the Red Cross (ICRC) have visited Mr. Khadr. The ICRC is mandated to visit persons in such circumstances and has a standard practice of not providing information in these cases.

Consular advice to the travelling Canadian public is based on two principles. The first is that Canadians abroad are expected to obey the laws of the country in which they find themselves and they are, in turn, subject to the legal processes of that country. The second principle is that under Canadian and international law and practice, Canadians detained in foreign jurisdictions have the right, if they request it, to meet with a Canadian consular official. In meeting with such persons, Canadian officials are not making a judgment on the validity of the detention or the validity of any charges that may subsequently be brought. Because of the ongoing conflict, the situation in Afghanistan is a complex one and as a result, the principles usually followed when Canadians are detained in foreign countries in times of peace do not necessarily apply.

As stated before, based on previous statements of the United States government and our own observations, the Canadian government is satisfied that individuals held by the U.S. are being treated humanely. However, the Department is concerned that a Canadian juvenile has been detained, and believes that this individual's age should be taken into account in determining treatment.

It is an unfortunate reality that juveniles are too often the victims in military actions and that many groups and countries actively recruit and use them in armed conflicts and in terrorist activities. Canada is working hard to eliminate these practices, but child soldiers still exist, in Afghanistan, and in other parts of the world.

Canada remains strongly committed to the fight against terrorism, including our ongoing efforts in and around Afghanistan. Everything possible must be done to bring Al Qaeda and those responsible for the events of September 11 to justice.

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For further information, media representatives may contact:

Media Relations Office

Department of Foreign Affairs and International Trade

(613) 995-1874

http://www.dfait-maeci.gc.ca


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Last Updated:
2005-04-15
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