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Canadians resume transfer of Afghan detainees

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CTV.ca News Staff

Date: Fri. Feb. 29 2008 10:03 PM ET

Prisoners captured by the Canadian military in Afghanistan are once again being transferred to Afghan officials, the Canadian Armed Forces said Friday.

"We exercise discretion each and every time we transfer a detainee," Lt. Col. Grant Dane told reporters in Kandahar on Friday, noting the decision to transfer prisoners was being made on a case-by-case basis.

Both military and government officials in Kandahar say they are satisfied that conditions in Afghan prisons have improved since allegations of abuse were reported in the fall.

"The actions taken by the government of Afghanistan and by Canadian officials in Kandahar to address concerns have been carefully considered," Lt.-Col. Grant Dame, chief of staff for Joint Task Force Afghanistan, said from Kandahar.

"We are satisfied based on the facts that transfers can resume."

However, he would not say whether those currently in Canada's custody would be transferred to Afghan authorities.

Canada stopped transferring suspected insurgents captured in the field over to Afghan authorities on Nov. 6, 2007, on the basis of abuse allegations by detainees. The new policy came one day after Canada received what officials called "credible evidence" a prisoner was abused by his Afghan captors -- the discovery of the rubber hose and electric coil alleged to have been used in the torture.

According to the rules of engagement agreed to by coalition troops in Afghanistan, detainees must be transferred to local authorities or released within 96 hours.

There were reports the Canadian military began holding prisoners at a facility at Kandahar Airfield after the transfers were halted, but the military has not confirmed these details.

Prison system sees improvements

Ron Hoffmann, the deputy head of Canada's embassy in Kabul, said that Afghan authorities investigated the allegation and arrested a senior Afghan official.

Other key Canadian initiatives following the allegations:

  • Canadian officials have conducted more than two dozen visits to the Kandahar detention centre
  • Canada has funded $1.5 million for prison improvements
  • Canada will be providing training on human rights standards to staff at the Kandahar detention facility
  • Record-keeping improvements for all detainees handed over to Afghan authorities

Hoffman the military has been training officials from the branch of the Afghan security forces that manage prisoners, the National Directorate of Security, The Canadian Press reported. He urged caution against getting too comfortable with Canada's role as a prison watchdog.

"It should be emphasized that while Canada is contributing to the above activities, it is not in the business of building or managing corrections facilities in Afghanistan," Hoffmann said. "That is the responsibility of the Afghan government."

Eight other prisoner abuse allegations were investigated but were but were not substantiated, he said.

Citing security concerns, the military did not say when it resumed transferring detainees. However, an Afghan human rights official told the Canadian Press he also first heard about the policy change on Friday, the same day the military made the announcement.

"We always had the perception that withholding detainee transfers was a temporary measure," said Ahmad Fahim Hakim, the deputy chair of the Afghanistan Independent Human Rights Commission, noting his agency has an agreement with Canada that it be given access to detainees transferred from Canadian to Afghan custody.

Hakim was confident the improved measures would protect prisoners from further abuse, CP reported.

"We feel that things are falling back like they should be," he said.

Hakim's organization had said it believed about 20 detainees were being held, but the military would not confirm the number or location, saying releasing such details gives too much information to its Taliban opponents.

"I can tell you the military respect their international obligations and make decisions each and every day on operational matters such as this," said Dan Dugas, a spokesperson for Defence Minister Peter MacKay. "Canada's transfer agreement with Afghanistan remains in force and when those responsible for transfers in the military choose to transfer, they continue to have that option when they deem it appropriate."

American forces, however, regularly release such statistics.

Tom Quiggin, Canada's sole court-recognized expert on jihadism, said there will no way to find out if the improvements are working unless we give the new system a try.

"If the process looks like it's been corrected, then let's get it restarted," he told CTV News. "Let's see if the Afghans can get it to work. And again, if it doesn't work, if we start to see signs of them dropping back, then we can cut it off again."

Human rights concerns remain

The prison upgrades aren't enough for two prominent Canadian human rights groups, who say the issues at play are ingrained in the Afghan system and will require more time to fix than a few weeks or months.

Amnesty International Canada and the British Columbia Civil Liberties Association said the decision to resume such handovers is premature and are seeking a federal court injunction to ban further transfers.

"Those are positive steps forward but those do not mean we're at a stage where we can confidently say that the risk of torture in Afghan prisons has dissipated," said Alex Neve, secretary general of Amnesty International Canada. "This is a systemic and deep-rooted reality in the Afghan justice system that goes back years and decades.''

It was a similar such injunction request that brought the transfer situation to light in the first place. A federal court case brought forth by Amnesty and the BCCLA attempting to put a stop to the transfers exposed in January that they had already been halted.

The judge who dealt with the case, Federal Court Justice Anne Mactavish, initially ruled against the human rights groups because the transfers had already stopped, but said her ruling could be reviewing if the practice was resumed.

In light of the current events, the detainee issue is set to be back in front of Mactavish on Thursday.

The NDP has also voiced support for halting the transfers.

"There should not be transfers of detainees unless we have iron-clad guarantees that we have torture-free prisons in Afghanistan," Ottawa MP Paul Dewar said during Friday's question period.

With files from The Canadian Press and CTV's Roger Smith

Comments are now closed for this story

George
said

This is the only solution, we don't have the facilities or the manpower to incarcerate them. The only other option is to let them go which is no option at all, as they will be shooting at us or planting road side bombs as soon as they are released. About as fast as people are back in Canada after they have been extradited to another foreign country.


Ian NWT
said

I wonder if the Taliban would be as considerate of prisoners? Oh I forgot, they take none. A lot of information can and does get taken from these prisoners and some of it saves lives so I think if you capture them get the information by whatever means are necessary and win this war...

J. Fletcher
said

I'm not surprised at this move. Afghan authorities - trustworthy? They haven't given any indication that such is the case. It amazes me that Harper continues to so blatantly disrespect human rights. I will not be surprised to hear of more torture allegations, and the blame for this should fall squarely on Harper's shoulders. He can pretend to hide behind the military, but in the end, the buck stops at the PM's office.


Bill
said

When you say the the Canadian officials have funded improvements to the prison....they now have "The Movie Network"....state of the art weight rooms ???


Scott
said

Good decision. We are there to look after the innocent Afghans, not the guilty ones. Let the Afghan justice system deal with Taliban terrorists.



Allan Eizinas
said

Another $1.5 million for Afghan jails? Wow, are we ever bringing Western democracy to that part of the world!

Congratulations to the USA – recent statistics now indicate that 1 out of 100 Americans is now behind bars. Perhaps in time the Afghans will catch up.

It is fortunate that when we go into the “rebuilding” mode from the “military” one, that there will no longer be any more captured detainees.



Andrew
said

Good, another step towards Afghanistan taking over the reins. The only downside that I can see with this is that the insurgents will now know that there will be a good chance that they will not be treated well if captured (most likely) and that will contribute to their choice of fighting even harder against our soldiers. I'm sure our men and women are up for it, but they better keep their eyes open a little wider.


Gerald Skowronski
said

Why not just hand over all prisoners and bring our fighting men and women home? The people of the area are not ready yet for this action? True. They haven't been ready for change in 2000 years; why should we think that in a couple of years of our being there anything would change. No matter what our brave soldiers accomplish, it will be like dust in the wind when they do leave.


Roger T
said

Since our soldiers are there fighting and capturing isn't it the Canadian Gov't's responsibility to house them? You fight you deal with the situation and not place blame on a country that started with nothing. Their jail houses are made from mud paddies and how long is that gonna keep the prisoners in.


DW
said

It is funny that western world is imposing our morals on other cultures. It is not our place to change them but to let them be. If their morals say to punish the captives then let them do that. When the terrorists joined they were aware of the possible ramifications.
So let the Afghan people take care of their own prisoners.


Sean Calder
said

You know it staggers the mind some of the gross ignorance posted here.

It seems that some here belive that we should never resume detainee transfers to Afghan authorities and instead build our own prisons over there.

Also some seem to believe that we should just let things take their own course in Afghanistan and that we have no business being there. In case you had forgotten, that's how we got into this situation in the first place.

Some people believe that change is not possible. I suppose they also believe that the United States still enforces Slavery and that the Berlin Wall never actually fell. Wake up. Change is a part of life and isn't as impossible as you think. There's a breaking point for everything and sooner or later we all reach it. Even you.

And DW, the western world is not "imposing" our morals on Afghanistan. We are there because the people of Afghanistan WANT democracy, and have asked us to be there to show them how and help them get there. Such things include the Geneva Convention's rules on the proper treatment of prisoners.


Tori
said

“Noncombatants, combatants who have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds, detention, or any other cause shall in all circumstances be treated humanely, including prohibition of outrages upon personal dignity, in particular humiliating and degrading treatment.”

Why is it? Treating a prisoner in accordance with the Geneva Convention is costing us, the Taxpayers of Canada 1.5 million dollars?

As I see it, a tent (with cots and blankets) among a fence of barbed wire with guards and dry rations (give water too) should not cost us 1.5 million…maybe they did get the HD TV and Timmy’s too





Larry Harrington
said

All prisoners should be handed over to Afghan Officials. It is not up to us to care for them and hopefully we will remain there in a COMBAT position. Our soldiers are doing a great job and they make me proud to be CANADIAN.


Lets hand over Taliban Jack
said

Are we the only ones in A-stan ? What do the other combat active countries like the British, Dutch and Americans do with prisoners ? I bet they don't have these ad-nausem debates and stories about prisoner transfers.


Bob H
said

Turn the whole Country over to the Afgans and get the hell out. This Country won't be civilized for at least a 1000 years, so why are we there. Good men/women dieing for nothing, for a Country that will revert right back to barbarism as soon as we pull out. In the meantime we waste billions that could be spent on needed facilities and services right here in Canada. Leave the uncivilized to their own devices.Just ask the Russians, they tried for 20 years and eventually pulled out accomplishing nothing, other than thousands dead.


Wolf
said

Prisoners Canada arrests must be treated humanely by international standards. Afghanistan is under NATO occupation. Canada is responsible for for insuring prisoner security. If we fail to honour our obligations, we are even worse than the Taliban.


Wayne
said

Iagree with Scott. Let the the Afghans look after the prisoners that the CF captures. Our troops have more to deal with than having to look after a bunch of prisoners.


DW
said

Sean Calder
We are imposing our western morals on these people. They see nothing wrong with torture or punishing those that break the rules. Yet we want them to stop because we do not agree with how they are treated. The prisoners are Afghan should be turned over to their people and imprisoned by their own people. Not by us or any other country than their own.



Trudy
said

Once I was proud to be a Canadian. Now, it's just a place I live that doesn't seem to care anymore about peace, be kind to your fellowman. People here are buying into the Tory/Liberal fear and paranoia tactics. Who cares about a few tortured detainees. We aren't supposed to post pictures of soldiers in our families on facebook and no one wonders about that freedom lost because of this "war". The politicians got us into this and we are slowly losing our freedom and our Canadian way of life because of them. Canadians sound as stupid, selfish as Americans. I never thought I would see the day. After WW11 Canadians never wanted to be in a war again. Now here we are in this rinky-dink "war", all for the glory and war is good for business. Course it's good for the press too. So basically the little guy is left on his or her own to make some sensible, free decisions based on reality which doesn't have anything to do with the press or politicians. I'm disgusted, disappointed in the popular thinking now. We have huge future worries like how are we going to eat, water will be more precious than oil someday, because of a growing world population over-consuming. Where will it end? I suspect some plague will get most of us. Who will care about war then, when it's too late because we are soooo absorbed in war right now and not being much more visionary about the very survival of the human species. Trudy


Garry
said

Contrary to what some beleve (Wolf), Afghanistan is NOT under NATO occupation. When a country is occupied, the occupying power(s) assume all responsibility such as government services, etc. This is not the case in Afghanistan.


Bob Lobblaw
said

The west is promoting "democracy or die" and that does not seem very democratic.

I am still waiting for answers about happened to previous detainees and the ones that have mysteriously disappeared.

Accountability anyone? Sounds like Somalia all over again, where Canadians never got answers either under a Conservative government.


Weary Canadian
said

Sean Calder:

When did the Afghan people tell you they want us there? I will remind you that the United States invaded Afghanistan to destroy Taliban not bring democracy and they've failed on both fronts. In case you missed it, Hamid Karzai is an American appointed dictator and has not been elected by the Afghan people and no free elections have ever been staged in Afghanistan.

Also, the Taliban is regrouping, reorganizing and becoming a lethal threat to innocent of Afghanistan again.

So, change is not happening. America is busy raping and pillaging Iraq and preparing to attack Iran for their own religious extremists.

Democracy is an American propaganda tool that I've grown really tired of hearing Canadian conservatives repeat like trained parrots.

These wars are about American & Israeli military power and hegemony and good old fashioned Imperialism.

Taliban Jack: The Americans, British and Dutch (who gave us Apharteid S.AFrica) torture and kill some of their POWs, we're a better nation than that and that's why we're having these debates, it's called Democracy.


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