Lawyers representing the “last Westerner held at Guantanamo Bay” will seek British support to free Omar Khadr this week. They say that he should have been treated as a child soldier when he was arrested more than five years ago in Afghanistan.

Mr Khadr, a 21-year-old Canadian citizen, has been incarcerated at the US prison camp in Cuba since 2002. This month he became only the second inmate to be formally arraigned for trial under a controversial military commissions system.

He is charged with war crimes and prosecutors allege that he was an illegal enemy combatant who threw a grenade from inside an al-Qaeda compound, killing a US Army medic.

Mr Khadr, who was badly wounded in the battle, is also charged with spying on US forces, providing material support for al-Qaeda, and conspiracy. He faces life in prison if convicted and, even if acquitted, Bush Administration officials have said that he may remain detained indefinitely at Guantanamo Bay.

But his team of lawyers, who flew to London over the weekend, contend that he was 15 at the time and should not be held responsible for his actions. They point out that he faces being the first child prosecuted for war crimes in modern history, contrary to his rights under the Geneva Conventions.

Lieutenant-Commander William Kuebler, speaking in Washington before he left for London, said that his client was being “tried for the sins of his father”.

Ahmed Khadr, a personal aide to Osama bin Laden, was killed in Pakistan in 2003.

Lieutenant-Commander Kuebler plans to interview people he would describe only as “material witnesses living in the UK”, as well as to meet MPs and human rights lawyers.

“Britain has leading experts in international law with whom I’m keen to speak. I also want to examine how the UK succeeded in getting its inmates out of Guantanamo,” he said. “Omar was snatched from Afghanistan in 2002 at only 15 years old, having been forced into war as a child. He is in this situation because Canada has failed to follow the example of the UK and every other western nation to secure the release of its nationals from the lawlessness of Guantanamo Bay.”

He said that Mr Khadr, who grew up in Canada, may have been indoctrinated by his father. “He is a Muslim, of course, and, because of his treatment, a little undeveloped socially, but he is not fanatic as far as I can tell,” he said. “He just wants to get on with his life.”

Andrew Hall, QC, who was until recentlychairman of the Criminal Bar Association in London, said yesterday: “This trip is all about putting some pressure on the Canadian Government to take responsibility for Omar.” He suggested that the Pentagon’s determination to put Mr Khadr on trial was “macho posturing”.

Camp record

— Only one detainee, David Hicks, an Australian, has been convicted

— The Bush Administration has said it hopes to try about 80 of the 320 detainees still at Guantanamo

— More than half of those originally held have gone home

— As many as 17 detainees were under 18 when taken into custody

— The US has reported more than 40 suicide attempts among prisoners since the camp opened, with 23 attempting suicide in one 10-day period in 2003

Source: Times database, Amnesty International

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