Judge denies request for medical records, exam of teenage Gitmo detainee

[JURIST] The US District Court for the District of Columbia has denied a petition for an emergency medical examination and release of records for a Canadian teenager held at Guantanamo Bay. The petition, filed by the Omar Khadr's grandmother, who has also filed on a petition for a write of habeas corpus on his behalf, argued that a medical examination was needed to ensure Khadr could participate in his defense. District Judge John D. Bates ruled that more evidence was needed of mistreatment before an examination would be ordered. Bates wrote:

To rebut this testimony, and obtain the extraordinary relief they seek through this motion, petitioners would need to submit a more concrete and competent form of evidence than that presently before the Court. As currently framed and supported, then, petitioners' emergency motion is simply not an appropriate vehicle to assess the important, and potentially difficult, issues posed by general allegations of torture of detainees or intentional withholding of necessary medical care.
Read the full opinion [PDF]. Khadr reportedly has confessed to being a terrorist and has been designated an enemy combatant. He was detained in 2002 in Afghanistan and is alleged to have killed a US soldier and to have links to Osama bin Laden. He was 15 at the time of his arrest and is now 18 years old. CBC News has background on the Khadr family.

UPDATE: AP now has a story available.

 

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