Criminal Reports: United States of America v. Khadr

Steve Coughlan, Robert J. Currie

Abstract


The United States of America sought the extradition of the applicant to face terrorism-related charges. The applicant had been taken into custody by the Pakistani Intelligence Agency, the ISI, and held in a secret detention centre for approximately fourteen months before he was released and repatriated to Canada. He had been interrogated by American FBI agents while in Pakistan and had given them a statement. He also gave a statement to CSIS following his return to Canada, and shortly after that gave a second statement to FBI officials. The applicant sought a stay of proceedings of the extradition hearing on the basis that there was misconduct attributable to the Requesting State, the United States of America, on a level so serious that it would violate the fundamental principles of justice which underlie the community's sense of fair play and decency. In the alternative, the applicant argued that the three statements should not be admitted or relied upon and therefore could not form the basis for an extradition order.

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