Canadian Afghan detainee abuse scandal
Encyclopedia
The Canadian Afghan detainee issue concerns whether or not the Government of Canada
and/or the Canadian Forces
(CF) had knowledge about alleged abusive treatment of detainees in Afghanistan
. The alleged abuse occurred after Afghans were detained by Canadian Forces, and subsequently transferred to the Afghan National Army
(ANA) or the Afghan National Directorate of Security
(NDS) during the War in Afghanistan
. The issue has sparked heated debate since Article 12 of the Third Geneva Convention
(of which Canada is a signatory), states that "the Detaining Power [Canada] is responsible for the treatment given [to prisoners of war]".
The allegations were first sparked by University of Ottawa
law professor Amir Attaran
, who claimed that full versions of government documents proved Canada had willful knowledge that torture would occur before handing detainees to Afghan authorities. Subsequent to this, two official complaints have led to official investigations and hearings by the Military Police Complaints Commission
(MPCC). One of these unveiled parliamentary testimony by diplomat Richard Colvin
, who claimed that many detainees were probably tortured, and it was a standard operating procedure for Afghan interrogators. The allegations have led to a showdown in the Canadian House of Commons
, as opposition Members of Parliament (MPs) had called for the releasing of relevant documents in full and unredacted form, claiming parliamentary privilege
to see them. The government maintained that they had a duty to protect Canadian soldiers and citizens as the documents contained sensitive information.
At the request of the Speaker of the Canadian House of Commons
, a panel of former justices and selected MPs was tasked with sorting through the documents, and determining the need to release or withhold them. To date, only about 4,000 out of the estimated 40,000 documents have been released, and a final report from the MPCC is still forthcoming. The Canadian public, which generally holds the view that there was knowledge of detainee abuse by military or government officials, now awaits for a clearer picture of the issue as this process continues. The issue has also led to scrutiny on detainee treatment by other Canadian departments and the armed forces of other nations.
began in 2002 with the International Security Assistance Force
(ISAF), a coalition of soldiers from 42 countries, which was tasked as a counterinsurgency effort in response to the September 11 attacks. ISAF had initially been established as a stabilization force by the United Nations Security Council
on December 20, 2001, to secure Kabul
. The Canadian Liberal
government at the time, under Prime Minister
Jean Chrétien
, chose to have the Canadian Forces
(CF) hand over its prisoners to the United States
, who led the fight against al-Qaeda and other insurgents. After NATO took command of Afghanistan in 2003, Abu Ghraib torture and prisoner abuse
at the hands of the United States armed forces
in Iraq
came to the attention of the public, and Canada soon faced pressure to hand their prisoners to someone else. Canada entered into an agreement with the Afghan government and started transferring detainees to Afghan security forces, which comprised the Afghan National Army
(ANA) and the Afghan National Directorate of Security (NDS).
On December 18, 2005, then-Chief of Defence Staff
Rick Hillier
signed an agreement between Canada's Department of National Defence
and the Government of Afghanistan. The agreement did not include any explicit right of access by Canada to Afghan detainees. Members of the opposition requested then-Minister of National Defence
Gordon O'Connor
to renegotiate the prisoner transfer agreement. This request was dismissed, with O'Connor saying the International Committee of the Red Cross and the Red Crescent fulfilled the duty of ensuring fair treatment of detainees and Canada could be notified and take action in any cases of abuse. However, the Red Cross stated that their mandate was being misunderstood, and it was the responsibility of Canada. It maintained that it had no role in monitoring the Canada-Afghanistan detainee-transfer agreement, and that following long-established operating procedure, the Red Cross would not reveal to any foreign government any abuses it might find in Afghan prisons. While maintaining that detainee monitoring was the Red Cross' duty until March 2007, O'Connor apologized to the House of Commons for previously misleading them on the issue. In turn, a new agreement was reached in April 2007 that allowed Canadian officials to have access to Kandahar
jails.
law professor Amir Attaran
produced documents he had received through an access-to-information
request showing that three prisoners in the custody of Canadian military police were brought in by their Afghan interrogator for treatment of similar injuries to the head and upper body, all on the same day. Attaran argued this could be evidence of torture on the part of the interrogator and should be investigated. Attaran has maintained these allegations, stating in 2010 that the documents show torture of detainees was an actual tactic used to obtain information during interrogation.
In April 2007, The Globe and Mail
published interviews with 30 men who claimed they were "beaten, starved, frozen and choked after they were handed over to Afghanistan's National Directorate of Security" by CF members. It also revealed that it had received an censored report by the Canadian government on human rights in Afghanistan through an access to information request, and it contained "negative references to acts such as torture, abuse, and extra judicial killings [that] were blacked out without an explanation." This prompted intensive questioning in the House, to which O'Connor claimed that a new agreement had been reached, saying "we have, in the last few days, entered into a local agreement in the Kandahar province to enter the detention facilities any time we want." This would be reaffirmed by Prime Minister
Stephen Harper
, stating that there was "no evidence that access is blocked to the prisons", and that Afghan authorities had agreed to "formalize that agreement so there is no potential misunderstanding." Regardless, NATO Secretary General Jaap de Hoop Scheffer
announced that the Afghan government was to launch an inquiry about the fate of detainees. In January 2008, it was revealed that the government ceased the detainee transfers after an internal investigation revealed allegations of a detainee being abused on November 5, 2007.
, the second highest ranked member of Canada’s diplomatic service in Afghanistan from 2006 to 2007. Colvin claimed that many detainees were probably tortured, and it was a standard operating procedure for Afghan interrogators. This would be consistent with special reports by the United Nations Human Rights Commission and the US Department of State. Colvin also said the torture involved beatings, whipping with power cables, the use of electricity, knives, open flames and rape. The Canadian government dismissed opposition calls for a public inquiry the next day. "There has not been a single, solitary proven allegation of abuse involving a transferred Taliban prisoner by Canadian forces", Defence Minister Peter MacKay
said in the House of Commons, with his parliamentary secretary suggesting Colvin was not credible.
Regardless, Colvin would provide further testimony in a hearing at the Military Police Complaints Commission (MPCC). He stated that upon visiting Kandahar province's main prison in May 2006, he discovered the ICRC had a "serious problem" with trying to keep track of Afghan prisoners. Officials had approached Colvin with "forceful" concerns about the lack of information given to them by Canada, causing them to lose "many, if not most — and possibly all — of our detainees," stated Colvin. He has also presented allegations that Canadian government and military officials knew about reports of abuse and human rights violations surrounding former governor of Kandahar Asadullah Khalid, saying Canadian officials heard credible sources claiming that Khalid ran a drug network
, used drugs himself, used private detention facilities, and sexually abused
young girls. Colvin is not the only civil servant to indicate there was a problem about Afghan detainees. Eileen Olexiuk, another Canadian diplomat in Afghanistan, also revealed in an interview with the CBC
that she had warned the government in 2005 about torture problems. She said that the government, which was under the leadership of Paul Martin
at the time, ignored her advice.
testified before a parliamentary committee that one particular detainee that was abused on June 14, 2006 by Afghan police was never in CF custody. Canada's chief commander stated that although CF members had questioned the man, he was taken into custody by Afghan police, and Canadian troops rescued him when the police started beating him with their shoes. However, the general corrected himself the following day upon receiving new information that the man had in fact been in Canadian custody. This would be the first piece of evidence that Afghan detainees in Canadian custody were subsequently abused by Afghan officials, contrary to government claims that there was no such evidence. It prompted opposition MPs to recall for a public inquiry into the matter, and for Peter MacKay to be fired. Canada's top military commander subsequently ordered an inquiry to find out why he had not been informed about this incident. This inquiry revealed many Canadian soldiers were aware that Afghan security forces beat prisoners "in the street and elsewhere" on a regular basis. A separate report to General Natynczyk also concluded that the detainee beaten in June 2006 was not defined as a Canadian detainee, preventing it from being reported up the chain of command, and that the CF and Department of Defence should “be tasked to examine the detainee reporting process...to develop one consolidated process for the reporting on [Canadian Forces] detainees.”
The United Nations
(UN) has released at least two reports implicating torture in Afghanistan. A report from April 2010 stated the "use of harsh interrogation techniques and forced confession of guilt by the Afghan National Police and the National Directorate of Security was documented, including the use of electric shocks and beating", against juvenile detainees suspected of being involved in insurgency. This became concerning after a briefing note to Peter MacKay stated that many juvenile detainees were arrested by the CF, and transferred to the NDS, as per CF policy for all detainees under the age of 18. It also stated juvenile detainees were being kept in a Canadian transfer facility in Kandahar for "a significant period."
Another report by the UN was released in October 2011. Interviews with 379 detainees at 47 facilities over the period of a year found “a compelling pattern and practice of systematic torture and ill-treatment” at multiple facilities operated by the the ANP and NDS, after 46% of the detainees it spoke with indicated it occurred. A written statement by the Afghan government denied the 'systematic' nature of torture and claimed the report was exaggerated, although it admitted to deficiencies due to a lack of training and resources. The report also suggested that detainees handed over by the CF received different treatment, with one case citing a man who stated everyone was treated badly unless they were handled by Canadians.
To date, there have been two main investigations conducted by the MPCC in relation to Afghan detainees. The first was launched on February 9, 2007 after a formal complaint by Amir Attaran regarding the treatment of three specific detainees arrested in Kandahar region in April 2006. The findings from this investigation stated that CF members handled the detainees appropriately, and were given medical treatment. However, the MPCC also found that the CF failed to conduct an investigation into how one of the detainees became injured, contrary to normal direction.
The second investigation was launched on February 26, 2007, following a joint complaint between Amnesty International
Canada and the British Columbia Civil Liberties Association
, alleging CF military police transferred detainees while there was enough evidence to suggest they would be tortured on at least 18 occasions. The investigation was moved to a public hearing process on March 12, 2008, mainly due to "delays and difficulties in obtaining relevant documents and information from government authorities." This triggered legal challenges from the federal government over the MPCC's jurisdiction to investigate such complaints, resulting in a ruling that the MPCC had no jurisdiction over "transfer complaints", but it did over "failure to investigate" complaints. During substantial testimony and hearings throughout 2010, the government engaged the MPCC another three times for judicial review of the MPCC findings, including the testimony of Richard Colvin. A judge dismissed these challenges in September 2011, and the MPCC is to release a final report.
Lawrence Cannon
assured the House of Commons that the documents would be handed over to a special committee in charge of looking into the issue. "There's a mandatory obligation on public officials to ensure that when information is released that it is in compliance with the Canada Evidence Act [to avoid security risks]," according to Minister of Defence Peter MacKay. However, opposition MPs and other critics stated that this was an absurd argument, as Parliament has the constitutional right to have access to the documents uncensored. On December 10, 2009, the House of Commons passed a motion requiring the release of unredacted documents concerning the Afghan detainees to the committee hearing the issue. However, the government refused to abide by the motion. Critics repeated that the government was violating the Constitution of Canada
and will be in contempt of Parliament
if it continued to refuse to release uncensored documents regarding the Afghan detainee issue.
On December 30, 2009, Parliament was put on hold
, or 'prorogued' at the request of the Prime Minister. According to his spokesman, he sought this prorogation to consult with Canadians about the economy. The move caused cries from opposition MPs who labelled it as an attempt to "muzzle parliamentarians amid controversy over the Afghan detainees affair." Prorogation prevented the parliamentary committee from continuing to probe the issue. Although informal committee meetings continued, they had no power to compel testimony or grant immunity, and Conservative MPs would not be represented.
announced to the House of Commons on March 5, 2010 that former Supreme Court of Canada judge Frank Iacobucci
was appointed to advise Nicholson if any "injurious" effects would result from making the Afghan detainee documents public. However, University of Ottawa
law professor Amir Attaran
pointed out that Iacobucci was not a sitting judge and therefore had no power except to give lawyer advice to Nicholson. The opposition expressed deep disappointment with the decision, saying that they did not doubt the competence of the former justice, but believed that it was nothing more than another way to delay the issue. While parliamentarians were not given the Terms of Reference
posed to Iacobucci immediately, they were released on March 13, 2010.
The government finally released thousands of documents to MPs at the end of March 2010. The documents immediately drew fierce criticism by the opposition, because they were still heavily redacted, and the "totally incoherent and totally disorderly" fashion of handing them out in a single copy and only in English (instead of both of Canada's official languages). The government maintained that redactions are required to protect Canada, with Justice Minister
Rob Nicholson
stating they were done by "non-partisan public servants whose only interest is the protection of national security."
. Specifically, they called on the Speaker of the Canadian House of Commons
, Peter Milliken
to rule that the government violated collective parliamentary privilege #5 in refusing to hand over uncensored documents on the transfer of Afghan detainees. MPs have claimed that the request from Parliament was based on "340 years of bedrock constitutional history", and that there are systems in place to decide what is and is not appropriate to release to the public. Referring to those "systems," Reg Whitaker noted that members of the "Military Police Complaints Commission, whose investigation of the Afghan detainee issue actually led to the calling of the parliamentary inquiry ... are [already] fully security cleared [to see the unredacted documents]."
The Speaker first asked for comments from government and opposition MPs on the matter, including Peter MacKay, Rob Nicholson, Derek Lee, Jack Harris
, Tom Lukiwski
, and Jim Abbott
. After considering the matter for two weeks, the Speaker ruled on April 27, 2010 that Parliament had a right to ask for uncensored documents. He asked that all House leaders, ministers and MPs to come to a collective solution "without compromising the security and confidentiality contained." The Speaker gave the House until May 11, 2010 to find a common ground. While MPs within the negotiations had to ask The Speaker for an extension of the deadline, it was granted until May 14, and a deal was reached that morning. A Memorandum of Understanding on the particulars was not established until June 16, when it was actually tabled in the House of Commons. It was still not agreed to by all political parties: The New Democratic Party
refused to endorse the deal.
and former B.C. Supreme Court judge Donald Brenner. Any documents that the government claims to contain legal advice may force the panel to determine whether to allow the MPs to see them.
Approximately 4,000 documents were released by the government on June 22, 2011, almost a year after the panel began its work. Foreign Affairs Minister John Baird stated that the process had come to an end, "and accusations of improper conduct are unfounded." However, there are an estimated 36,000 pages still remaining that have not been released in a less-redacted form. Based on the documents that were released, MP Stéphane Dion
implied that they were cause for concern, and "The likelihood is very high" that a detainee was abused while in the custody of Afghan authorities. "I don't think Canadians will accept that it's over," he added.
reported that documents filed with the MPCC showed that the Canadian Security Intelligence Service
(CSIS) had starting playing a role in the interrogation of Afghans captured by the CF. Sources say the military's decision to hand captives over to the NDS was sometimes based on the recommendations of CSIS interrogators, but Canadian military officials always delivered the final decision. This prompted CSIS to undertake a review of its dealings with Afghan detainees “to ensure that the Service can ... account for its engagement during this period." Briefing notes to CSIS director Dick Fadden state that the service interrogated up to 50 prisoners (between 2002 through late 2007 according to an assistant director with the service), but insists that they were treated properly. The notes also state "CSIS officers have been serving alongside the Canadian Forces" while armed, and affirms that agents had no role in determining whether prisoners should be transferred to Afghan authorities.
It is believed that initial investigations into the treatment of Afghan detainees sparked investigations into Canada's elite military unit, Joint Task Force 2
(JTF2). The first investigation, named Sand Trap, examined allegations that a JTF2 member was involved in the 2006 shooting death of an Afghan who was surrendering. No charges were laid at the conclusion of the investigation. However, a larger investigation called Sand Trap II began hearing from witnesses in May 2009 regarding allegations of JTF2 members witnessing United States armed forces
killing an unarmed man. This investigation is still being conducted by the Canadian Forces National Investigation Service
, and it has led to calls for civilian oversight of JTF2.
There are also allegations that the NDS tortured detainees handed over to them by British
soldiers in Afghanistan. Allegations were also made that British Armed Forces
have received evidence of this torture, and NATO "has buried its head in the sand while torture has continued, and it's known about it." The British High Court of Justice
ruled on June 25, 2010 that there was "a possibility of torture and serious mistreatment” of prisoners. It is now illegal for British troops to hand over detainees to the NDS in Kabul, however The High Court still approved of transfers in Kandahar
and Helmand
provinces. This was on the condition that government and military officials improved its systems for monitoring detainees, in order to avoid "a real risk of torture or serious mistreatment.”
On September 6, 2011, it was revealed that NATO had suspended transfers of detainees to several Afghan prisons. The move was prompted by a United Nations
report, published a few days later, which described “a compelling pattern and practice of systematic torture and ill-treatment” at a number of facilities run by the NDS and Afghan police. NATO stated it would undertake verification on the claims, and be "prudent" in halting transfers until that time.
poll conducted in December 2009 revealed that 83% of the respondents believed the government knew Afghan detainees were tortured. This was a consistent result across all age groups, genders and geographic locations. It also concluded that 41% of respondents were dissatisfied with the governments transparency on the issue, and only 24% were satisfied. The remaining 35% were still undecided or had no opinion. As time progressed, 61% of Canadians still believed Afghan detainees were tortured in May 2010, according an Ipsos-Reid
poll. This poll also found that 52% of respondents believed that Stephen Harper and Canadian soldiers knew torture was occurring, and 75% believed senior military officials would have known about the problem. A poll done by Angus Reid
during January 5 and 6, found that 38 per cent of Canadians believed that Harper used the December 30, 2009 prorogation to curtail the Canadian Afghan detainee issue.
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
and/or the Canadian Forces
Canadian Forces
The Canadian Forces , officially the Canadian Armed Forces , are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."...
(CF) had knowledge about alleged abusive treatment of detainees in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
. The alleged abuse occurred after Afghans were detained by Canadian Forces, and subsequently transferred to the Afghan National Army
Afghan National Army
The Afghan National Army is a service branch of the military of Afghanistan, which is currently trained by the coalition forces to ultimately take the role in land-based military operations in Afghanistan. , the Afghan National Army is divided into seven regional Corps. The strength of the Afghan...
(ANA) or the Afghan National Directorate of Security
National Directorate of Security (Afghanistan)
The National Directorate of Security is the domestic intelligence agency of the government of Afghanistan. The Director of National Security reports directly to the President. The NDS has about 30 departments and different branches all over the country...
(NDS) during the War in Afghanistan
War in Afghanistan (2001–present)
The War in Afghanistan began on October 7, 2001, as the armed forces of the United States of America, the United Kingdom, Australia, and the Afghan United Front launched Operation Enduring Freedom...
. The issue has sparked heated debate since Article 12 of the Third Geneva Convention
Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. It was first adopted in 1929, but was significantly updated in 1949...
(of which Canada is a signatory), states that "the Detaining Power [Canada] is responsible for the treatment given [to prisoners of war]".
The allegations were first sparked by University of Ottawa
University of Ottawa
The University of Ottawa is a bilingual, research-intensive, non-denominational, international university in Ottawa, Ontario. It is one of the oldest universities in Canada. It was originally established as the College of Bytown in 1848 by the Missionary Oblates of Mary Immaculate...
law professor Amir Attaran
Amir Attaran
Amir Attaran is a Canadian lawyer, immunologist, and law professor.Currently, Attaran is Associate Professor of Law and Population Health and the holder of the Canada Research Chair in Law, Population Health and Global Development Policy at the University of Ottawa.-Early life and education:Attaran...
, who claimed that full versions of government documents proved Canada had willful knowledge that torture would occur before handing detainees to Afghan authorities. Subsequent to this, two official complaints have led to official investigations and hearings by the Military Police Complaints Commission
Military Police Complaints Commission
Military Police Complaints Commission is a Canadian government independent, quasi-judicial agency which was established in December 1998 and is responsible for "handling of complaints concerning the Canadian Forces Military Police more transparent and accessible, and to ensure that both...
(MPCC). One of these unveiled parliamentary testimony by diplomat Richard Colvin
Richard Colvin (diplomat)
Richard Colvin is a Canadian diplomat who gained public attention as a witness in the Canadian Afghan detainee issue. He appeared before the Special Committee on the Canadian Mission in Afghanistan in late 2009 where he discussed a signed affidavit alleging that Afghan detainees turned over to...
, who claimed that many detainees were probably tortured, and it was a standard operating procedure for Afghan interrogators. The allegations have led to a showdown in the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
, as opposition Members of Parliament (MPs) had called for the releasing of relevant documents in full and unredacted form, claiming parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
to see them. The government maintained that they had a duty to protect Canadian soldiers and citizens as the documents contained sensitive information.
At the request of the Speaker of the Canadian House of Commons
Speaker of the Canadian House of Commons
The Speaker of the House of Commons of Canada is the presiding officer of the lower house of the Parliament of Canada and is elected at the beginning of each new parliament by fellow Members of Parliament...
, a panel of former justices and selected MPs was tasked with sorting through the documents, and determining the need to release or withhold them. To date, only about 4,000 out of the estimated 40,000 documents have been released, and a final report from the MPCC is still forthcoming. The Canadian public, which generally holds the view that there was knowledge of detainee abuse by military or government officials, now awaits for a clearer picture of the issue as this process continues. The issue has also led to scrutiny on detainee treatment by other Canadian departments and the armed forces of other nations.
Background
Canada's military involvement in AfghanistanWar in Afghanistan (2001–present)
The War in Afghanistan began on October 7, 2001, as the armed forces of the United States of America, the United Kingdom, Australia, and the Afghan United Front launched Operation Enduring Freedom...
began in 2002 with the International Security Assistance Force
International Security Assistance Force
The International Security Assistance Force is a NATO-led security mission in Afghanistan established by the United Nations Security Council on 20 December 2001 by Resolution 1386 as envisaged by the Bonn Agreement...
(ISAF), a coalition of soldiers from 42 countries, which was tasked as a counterinsurgency effort in response to the September 11 attacks. ISAF had initially been established as a stabilization force by the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
on December 20, 2001, to secure Kabul
Kabul
Kabul , spelt Caubul in some classic literatures, is the capital and largest city of Afghanistan. It is also the capital of the Kabul Province, located in the eastern section of Afghanistan...
. The Canadian Liberal
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
government at the time, under Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
Jean Chrétien
Jean Chrétien
Joseph Jacques Jean Chrétien , known commonly as Jean Chrétien is a former Canadian politician who was the 20th Prime Minister of Canada. He served in the position for over ten years, from November 4, 1993 to December 12, 2003....
, chose to have the Canadian Forces
Canadian Forces
The Canadian Forces , officially the Canadian Armed Forces , are the unified armed forces of Canada, as constituted by the National Defence Act, which states: "The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces."...
(CF) hand over its prisoners to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, who led the fight against al-Qaeda and other insurgents. After NATO took command of Afghanistan in 2003, Abu Ghraib torture and prisoner abuse
Abu Ghraib torture and prisoner abuse
Beginning in 2004, human rights violations in the form of physical, psychological, and sexual abuse, including torture, rape, sodomy, and homicide of prisoners held in the Abu Ghraib prison in Iraq came to public attention...
at the hands of the United States armed forces
United States armed forces
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
in Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
came to the attention of the public, and Canada soon faced pressure to hand their prisoners to someone else. Canada entered into an agreement with the Afghan government and started transferring detainees to Afghan security forces, which comprised the Afghan National Army
Afghan National Army
The Afghan National Army is a service branch of the military of Afghanistan, which is currently trained by the coalition forces to ultimately take the role in land-based military operations in Afghanistan. , the Afghan National Army is divided into seven regional Corps. The strength of the Afghan...
(ANA) and the Afghan National Directorate of Security (NDS).
On December 18, 2005, then-Chief of Defence Staff
Chief of the Defence Staff (Canada)
The Chief of the Defence Staff is the second most senior member of the Canadian Forces, and heads the Armed Forces Council, having primary responsibility for command, control, and administration of the forces, as well as military strategy, plans, and requirements...
Rick Hillier
Rick Hillier
General Rick Hillier, CMM, MSC, CD , is the former Chief of the Defence Staff of the Canadian Forces. He held this appointment from February 4, 2005 to July 1, 2008. He retired on July 1, 2008, and was replaced by former Vice-Chief of the Defence Staff Walter Natynczyk...
signed an agreement between Canada's Department of National Defence
Department of National Defence (Canada)
The Department of National Defence , frequently referred to by its acronym DND, is the department within the government of Canada with responsibility for all matters concerning the defence of Canada...
and the Government of Afghanistan. The agreement did not include any explicit right of access by Canada to Afghan detainees. Members of the opposition requested then-Minister of National Defence
Minister of National Defence (Canada)
The Minister of National Defence is a Minister of the Crown; the Canadian politician within the Cabinet of Canada responsible for the Department of National Defence which oversees the Canadian Forces....
Gordon O'Connor
Gordon O'Connor
Gordon James O'Connor, is a retired Brigadier-General, businessman, lobbyist, and current Canadian Member of Parliament and the Minister of State and Chief Government Whip....
to renegotiate the prisoner transfer agreement. This request was dismissed, with O'Connor saying the International Committee of the Red Cross and the Red Crescent fulfilled the duty of ensuring fair treatment of detainees and Canada could be notified and take action in any cases of abuse. However, the Red Cross stated that their mandate was being misunderstood, and it was the responsibility of Canada. It maintained that it had no role in monitoring the Canada-Afghanistan detainee-transfer agreement, and that following long-established operating procedure, the Red Cross would not reveal to any foreign government any abuses it might find in Afghan prisons. While maintaining that detainee monitoring was the Red Cross' duty until March 2007, O'Connor apologized to the House of Commons for previously misleading them on the issue. In turn, a new agreement was reached in April 2007 that allowed Canadian officials to have access to Kandahar
Kandahar
Kandahar is the second largest city in Afghanistan, with a population of about 512,200 as of 2011. It is the capital of Kandahar Province, located in the south of the country at about 1,005 m above sea level...
jails.
Initial allegations
The first allegations of detainee abuse came in early February 2007, when University of OttawaUniversity of Ottawa
The University of Ottawa is a bilingual, research-intensive, non-denominational, international university in Ottawa, Ontario. It is one of the oldest universities in Canada. It was originally established as the College of Bytown in 1848 by the Missionary Oblates of Mary Immaculate...
law professor Amir Attaran
Amir Attaran
Amir Attaran is a Canadian lawyer, immunologist, and law professor.Currently, Attaran is Associate Professor of Law and Population Health and the holder of the Canada Research Chair in Law, Population Health and Global Development Policy at the University of Ottawa.-Early life and education:Attaran...
produced documents he had received through an access-to-information
Access to Information Act
Access to Information Act or Information Act is a Canadian act providing the right of access to information under the control of a government institution...
request showing that three prisoners in the custody of Canadian military police were brought in by their Afghan interrogator for treatment of similar injuries to the head and upper body, all on the same day. Attaran argued this could be evidence of torture on the part of the interrogator and should be investigated. Attaran has maintained these allegations, stating in 2010 that the documents show torture of detainees was an actual tactic used to obtain information during interrogation.
In April 2007, The Globe and Mail
The Globe and Mail
The Globe and Mail is a nationally distributed Canadian newspaper, based in Toronto and printed in six cities across the country. With a weekly readership of approximately 1 million, it is Canada's largest-circulation national newspaper and second-largest daily newspaper after the Toronto Star...
published interviews with 30 men who claimed they were "beaten, starved, frozen and choked after they were handed over to Afghanistan's National Directorate of Security" by CF members. It also revealed that it had received an censored report by the Canadian government on human rights in Afghanistan through an access to information request, and it contained "negative references to acts such as torture, abuse, and extra judicial killings [that] were blacked out without an explanation." This prompted intensive questioning in the House, to which O'Connor claimed that a new agreement had been reached, saying "we have, in the last few days, entered into a local agreement in the Kandahar province to enter the detention facilities any time we want." This would be reaffirmed by Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
, stating that there was "no evidence that access is blocked to the prisons", and that Afghan authorities had agreed to "formalize that agreement so there is no potential misunderstanding." Regardless, NATO Secretary General Jaap de Hoop Scheffer
Jaap de Hoop Scheffer
Jakob Gijsbert "Jaap" de Hoop Scheffer is a retired Dutch politician of the Christian Democratic Appeal . He served as the 11th Secretary General of NATO from January 5, 2004 until August 1, 2009....
announced that the Afghan government was to launch an inquiry about the fate of detainees. In January 2008, it was revealed that the government ceased the detainee transfers after an internal investigation revealed allegations of a detainee being abused on November 5, 2007.
Richard Colvin testimony
Allegations regarding the treatment of Afghan detainees resurfaced in November 2009 via parliamentary testimony by Richard ColvinRichard Colvin (diplomat)
Richard Colvin is a Canadian diplomat who gained public attention as a witness in the Canadian Afghan detainee issue. He appeared before the Special Committee on the Canadian Mission in Afghanistan in late 2009 where he discussed a signed affidavit alleging that Afghan detainees turned over to...
, the second highest ranked member of Canada’s diplomatic service in Afghanistan from 2006 to 2007. Colvin claimed that many detainees were probably tortured, and it was a standard operating procedure for Afghan interrogators. This would be consistent with special reports by the United Nations Human Rights Commission and the US Department of State. Colvin also said the torture involved beatings, whipping with power cables, the use of electricity, knives, open flames and rape. The Canadian government dismissed opposition calls for a public inquiry the next day. "There has not been a single, solitary proven allegation of abuse involving a transferred Taliban prisoner by Canadian forces", Defence Minister Peter MacKay
Peter MacKay
Peter Gordon MacKay, PC, QC, MP is a lawyer and politician from Nova Scotia, Canada. He is the Member of Parliament for Central Nova and currently serves as Minister of National Defence in the Cabinet of Canada....
said in the House of Commons, with his parliamentary secretary suggesting Colvin was not credible.
Regardless, Colvin would provide further testimony in a hearing at the Military Police Complaints Commission (MPCC). He stated that upon visiting Kandahar province's main prison in May 2006, he discovered the ICRC had a "serious problem" with trying to keep track of Afghan prisoners. Officials had approached Colvin with "forceful" concerns about the lack of information given to them by Canada, causing them to lose "many, if not most — and possibly all — of our detainees," stated Colvin. He has also presented allegations that Canadian government and military officials knew about reports of abuse and human rights violations surrounding former governor of Kandahar Asadullah Khalid, saying Canadian officials heard credible sources claiming that Khalid ran a drug network
Drug lord
A drug lord, drug baron or kingpin is the term used to describe a person who controls a sizable network of persons involved in the illegal drugs trade. Such figures are often difficult to bring to justice, as they might never be directly in possession of something illegal, but are insulated from...
, used drugs himself, used private detention facilities, and sexually abused
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
young girls. Colvin is not the only civil servant to indicate there was a problem about Afghan detainees. Eileen Olexiuk, another Canadian diplomat in Afghanistan, also revealed in an interview with the CBC
Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...
that she had warned the government in 2005 about torture problems. She said that the government, which was under the leadership of Paul Martin
Paul Martin
Paul Edgar Philippe Martin, PC , also known as Paul Martin, Jr. is a Canadian politician who was the 21st Prime Minister of Canada, as well as leader of the Liberal Party of Canada....
at the time, ignored her advice.
Subsequent allegations
On December 8, 2009, General Walter NatynczykWalter Natynczyk
General Walter J. Natynczyk , CMM, MSC, CD is the Chief of the Defence Staff of the Canadian Forces.-Biography:Born in Winnipeg, Manitoba in 1958, where he grew up with his two sisters, Natynczyk is the son of a Polish father and German mother. He worked as a Winnipeg Free Press paperboy and a...
testified before a parliamentary committee that one particular detainee that was abused on June 14, 2006 by Afghan police was never in CF custody. Canada's chief commander stated that although CF members had questioned the man, he was taken into custody by Afghan police, and Canadian troops rescued him when the police started beating him with their shoes. However, the general corrected himself the following day upon receiving new information that the man had in fact been in Canadian custody. This would be the first piece of evidence that Afghan detainees in Canadian custody were subsequently abused by Afghan officials, contrary to government claims that there was no such evidence. It prompted opposition MPs to recall for a public inquiry into the matter, and for Peter MacKay to be fired. Canada's top military commander subsequently ordered an inquiry to find out why he had not been informed about this incident. This inquiry revealed many Canadian soldiers were aware that Afghan security forces beat prisoners "in the street and elsewhere" on a regular basis. A separate report to General Natynczyk also concluded that the detainee beaten in June 2006 was not defined as a Canadian detainee, preventing it from being reported up the chain of command, and that the CF and Department of Defence should “be tasked to examine the detainee reporting process...to develop one consolidated process for the reporting on [Canadian Forces] detainees.”
The United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
(UN) has released at least two reports implicating torture in Afghanistan. A report from April 2010 stated the "use of harsh interrogation techniques and forced confession of guilt by the Afghan National Police and the National Directorate of Security was documented, including the use of electric shocks and beating", against juvenile detainees suspected of being involved in insurgency. This became concerning after a briefing note to Peter MacKay stated that many juvenile detainees were arrested by the CF, and transferred to the NDS, as per CF policy for all detainees under the age of 18. It also stated juvenile detainees were being kept in a Canadian transfer facility in Kandahar for "a significant period."
Another report by the UN was released in October 2011. Interviews with 379 detainees at 47 facilities over the period of a year found “a compelling pattern and practice of systematic torture and ill-treatment” at multiple facilities operated by the the ANP and NDS, after 46% of the detainees it spoke with indicated it occurred. A written statement by the Afghan government denied the 'systematic' nature of torture and claimed the report was exaggerated, although it admitted to deficiencies due to a lack of training and resources. The report also suggested that detainees handed over by the CF received different treatment, with one case citing a man who stated everyone was treated badly unless they were handled by Canadians.
Investigations and inquiries
While the first specific allegations of abuse surfaced more than three years ago, there has been no official public inquiry. MPs in the House of Commons voted 146 to 129 in favour of a motion to set one up, but the Prime Minister has refused to consider it, stating that "the government of Canada has taken all necessary actions in all instances where there is proof of abuse of Afghan prisoners." Some critics and the Speaker of the House of Commons have also scolded both the government and opposition MPs for using the issue for political gain. Opposition MPs have stated that it should not be left to the military to investigate itself through the MPCC.To date, there have been two main investigations conducted by the MPCC in relation to Afghan detainees. The first was launched on February 9, 2007 after a formal complaint by Amir Attaran regarding the treatment of three specific detainees arrested in Kandahar region in April 2006. The findings from this investigation stated that CF members handled the detainees appropriately, and were given medical treatment. However, the MPCC also found that the CF failed to conduct an investigation into how one of the detainees became injured, contrary to normal direction.
The second investigation was launched on February 26, 2007, following a joint complaint between Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
Canada and the British Columbia Civil Liberties Association
British Columbia Civil Liberties Association
The British Columbia Civil Liberties Association or BCCLA is a non-government organization in British Columbia, Canada dedicated to the preservation, maintenance and extension of civil liberties and human rights in Canada....
, alleging CF military police transferred detainees while there was enough evidence to suggest they would be tortured on at least 18 occasions. The investigation was moved to a public hearing process on March 12, 2008, mainly due to "delays and difficulties in obtaining relevant documents and information from government authorities." This triggered legal challenges from the federal government over the MPCC's jurisdiction to investigate such complaints, resulting in a ruling that the MPCC had no jurisdiction over "transfer complaints", but it did over "failure to investigate" complaints. During substantial testimony and hearings throughout 2010, the government engaged the MPCC another three times for judicial review of the MPCC findings, including the testimony of Richard Colvin. A judge dismissed these challenges in September 2011, and the MPCC is to release a final report.
Beginning of calls and prorogation
Opposition MPs in the House of Commons began calling for all documents the government possessed regarding the detainee issue to be made public since Richard Colvin’s testimony in November 2009. Minister of Foreign AffairsMinister of Foreign Affairs (Canada)
The Minister of Foreign Affairs is the Minister of the Crown in the Canadian Cabinet who is responsible for overseeing the federal government's international relations section of Foreign Affairs and International Trade Canada....
Lawrence Cannon
Lawrence Cannon
Lawrence Cannon, PC is a Canadian politician from Quebec and Prime Minister Stephen Harper's former Quebec lieutenant. On October 30, 2008 he was sworn in as Minister of Foreign Affairs...
assured the House of Commons that the documents would be handed over to a special committee in charge of looking into the issue. "There's a mandatory obligation on public officials to ensure that when information is released that it is in compliance with the Canada Evidence Act [to avoid security risks]," according to Minister of Defence Peter MacKay. However, opposition MPs and other critics stated that this was an absurd argument, as Parliament has the constitutional right to have access to the documents uncensored. On December 10, 2009, the House of Commons passed a motion requiring the release of unredacted documents concerning the Afghan detainees to the committee hearing the issue. However, the government refused to abide by the motion. Critics repeated that the government was violating the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
and will be in contempt of Parliament
Contempt of Parliament
In some countries, contempt of parliament is the offence of obstructing the legislature in the carrying out of its functions, or of hindering any legislator in the performance of his or her duties. The offence is known by various other names in jurisdictions in which the legislature is not called...
if it continued to refuse to release uncensored documents regarding the Afghan detainee issue.
On December 30, 2009, Parliament was put on hold
Parliamentary session
A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections...
, or 'prorogued' at the request of the Prime Minister. According to his spokesman, he sought this prorogation to consult with Canadians about the economy. The move caused cries from opposition MPs who labelled it as an attempt to "muzzle parliamentarians amid controversy over the Afghan detainees affair." Prorogation prevented the parliamentary committee from continuing to probe the issue. Although informal committee meetings continued, they had no power to compel testimony or grant immunity, and Conservative MPs would not be represented.
Parliament resumes and 2010 release
Justice Minister Rob NicholsonRob Nicholson
Robert Douglas "Rob" Nicholson, PC, QC, MP , is the Minister of Justice and Attorney General of Canada. He is a current member of the Canadian House of Commons, representing the riding of Niagara Falls for the Conservative Party and the current Minister of Justice after serving for one year as...
announced to the House of Commons on March 5, 2010 that former Supreme Court of Canada judge Frank Iacobucci
Frank Iacobucci
Frank Iacobucci, CC was a Puisne Justice on the Supreme Court of Canada from 1991 to 2004 when he retired from the bench. He is an expert in business and tax law.-Early career:...
was appointed to advise Nicholson if any "injurious" effects would result from making the Afghan detainee documents public. However, University of Ottawa
University of Ottawa
The University of Ottawa is a bilingual, research-intensive, non-denominational, international university in Ottawa, Ontario. It is one of the oldest universities in Canada. It was originally established as the College of Bytown in 1848 by the Missionary Oblates of Mary Immaculate...
law professor Amir Attaran
Amir Attaran
Amir Attaran is a Canadian lawyer, immunologist, and law professor.Currently, Attaran is Associate Professor of Law and Population Health and the holder of the Canada Research Chair in Law, Population Health and Global Development Policy at the University of Ottawa.-Early life and education:Attaran...
pointed out that Iacobucci was not a sitting judge and therefore had no power except to give lawyer advice to Nicholson. The opposition expressed deep disappointment with the decision, saying that they did not doubt the competence of the former justice, but believed that it was nothing more than another way to delay the issue. While parliamentarians were not given the Terms of Reference
Terms of reference
Terms of reference describe the purpose and structure of a project, committee, meeting, negotiation, or any similar collection of people who have agreed to work together to accomplish a shared goal. The terms of reference of a project are often referred to as the project charter.- Terms of...
posed to Iacobucci immediately, they were released on March 13, 2010.
The government finally released thousands of documents to MPs at the end of March 2010. The documents immediately drew fierce criticism by the opposition, because they were still heavily redacted, and the "totally incoherent and totally disorderly" fashion of handing them out in a single copy and only in English (instead of both of Canada's official languages). The government maintained that redactions are required to protect Canada, with Justice Minister
Minister of Justice (Canada)
The Minister of Justice is the Minister of the Crown in the Canadian Cabinet who is responsible for the Department of Justice and is also Attorney General of Canada .This cabinet position is usually reserved for someone with formal legal training...
Rob Nicholson
Rob Nicholson
Robert Douglas "Rob" Nicholson, PC, QC, MP , is the Minister of Justice and Attorney General of Canada. He is a current member of the Canadian House of Commons, representing the riding of Niagara Falls for the Conservative Party and the current Minister of Justice after serving for one year as...
stating they were done by "non-partisan public servants whose only interest is the protection of national security."
Speaker's question and ruling
On March 18, the three opposition parties united in a bid to force the government to let them look at uncensored documents on the Afghan detainees affair or face parliamentary contempt proceedingsContempt of Parliament
In some countries, contempt of parliament is the offence of obstructing the legislature in the carrying out of its functions, or of hindering any legislator in the performance of his or her duties. The offence is known by various other names in jurisdictions in which the legislature is not called...
. Specifically, they called on the Speaker of the Canadian House of Commons
Speaker of the Canadian House of Commons
The Speaker of the House of Commons of Canada is the presiding officer of the lower house of the Parliament of Canada and is elected at the beginning of each new parliament by fellow Members of Parliament...
, Peter Milliken
Peter Milliken
Peter Andrew Stewart Milliken, UE is a Canadian lawyer and politician. He was a member of the Canadian House of Commons from 1988 until his retirement in 2011 and served as Speaker of the House for 10 years beginning in 2001. Milliken represented the Ontario riding of Kingston and the Islands as a...
to rule that the government violated collective parliamentary privilege #5 in refusing to hand over uncensored documents on the transfer of Afghan detainees. MPs have claimed that the request from Parliament was based on "340 years of bedrock constitutional history", and that there are systems in place to decide what is and is not appropriate to release to the public. Referring to those "systems," Reg Whitaker noted that members of the "Military Police Complaints Commission, whose investigation of the Afghan detainee issue actually led to the calling of the parliamentary inquiry ... are [already] fully security cleared [to see the unredacted documents]."
The Speaker first asked for comments from government and opposition MPs on the matter, including Peter MacKay, Rob Nicholson, Derek Lee, Jack Harris
Jack Harris (politician)
John James "Jack" Harris MP is a Canadian lawyer and politician from Newfoundland and Labrador, Canada. Harris is the New Democratic Party Member of Parliament for St. John's East and is a former leader of the Newfoundland and Labrador New Democratic Party...
, Tom Lukiwski
Tom Lukiwski
Tom Lukiwski is a Canadian politician. He is the current Conservative Member of Parliament for the Saskatchewan riding of Regina—Lumsden—Lake Centre. Born in Esterhazy, Saskatchewan, he was a businessman and political administrator....
, and Jim Abbott
Jim Abbott (politician)
James "Jim" Abbott, PC, MP was a Conservative member of Canada's House of Commons. Abbott was a member of the Reform Party from 1993 to 2000 and a member of the Canadian Alliance from 2000 to 2004...
. After considering the matter for two weeks, the Speaker ruled on April 27, 2010 that Parliament had a right to ask for uncensored documents. He asked that all House leaders, ministers and MPs to come to a collective solution "without compromising the security and confidentiality contained." The Speaker gave the House until May 11, 2010 to find a common ground. While MPs within the negotiations had to ask The Speaker for an extension of the deadline, it was granted until May 14, and a deal was reached that morning. A Memorandum of Understanding on the particulars was not established until June 16, when it was actually tabled in the House of Commons. It was still not agreed to by all political parties: The New Democratic Party
New Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...
refused to endorse the deal.
Panel work and 2011 release
A panel of MPs began the task of going through over 40,000 documents related to Afghan detainees on 10 July 2010. The MPs, consisting of one member and one alternate from the Liberal, Conservative and Bloc parites, determines what is relevant to the allegations of abuse. An independent panel of jurists determines how documents will be released publicly, in some cases censoring documents that may threaten national security, international relations, or soldiers in Afghanistan. This panel consists of Frank Iacobucci, fellow former Supreme Court justice Claire L'Heureux-DubéClaire L'Heureux-Dubé
Claire L'Heureux-Dubé, served as a justice on the Supreme Court of Canada from 1987 to 2002. She was the first woman from Quebec and the second woman appointed to this position.- Personal history :...
and former B.C. Supreme Court judge Donald Brenner. Any documents that the government claims to contain legal advice may force the panel to determine whether to allow the MPs to see them.
Approximately 4,000 documents were released by the government on June 22, 2011, almost a year after the panel began its work. Foreign Affairs Minister John Baird stated that the process had come to an end, "and accusations of improper conduct are unfounded." However, there are an estimated 36,000 pages still remaining that have not been released in a less-redacted form. Based on the documents that were released, MP Stéphane Dion
Stéphane Dion
Stéphane Maurice Dion, PC, MP is a Canadian politician who has been the Member of Parliament for the riding of Saint-Laurent–Cartierville in Montreal since 1996. He was the leader of the Liberal Party of Canada and the Leader of the Opposition in the Canadian House of Commons from 2006 to 2008...
implied that they were cause for concern, and "The likelihood is very high" that a detainee was abused while in the custody of Afghan authorities. "I don't think Canadians will accept that it's over," he added.
Canada
In March 2010, the Canadian PressCanadian Press
Canadian Press Enterprises Inc. is the entity which "will take over the operations of the Canadian Press" according to a November 26, 2010 article in the Toronto Star...
reported that documents filed with the MPCC showed that the Canadian Security Intelligence Service
Canadian Security Intelligence Service
The Canadian Security Intelligence Service is Canada's national intelligence service. It is responsible for collecting, analyzing, reporting and disseminating intelligence on threats to Canada's national security, and conducting operations, covert and overt, within Canada and abroad.Its...
(CSIS) had starting playing a role in the interrogation of Afghans captured by the CF. Sources say the military's decision to hand captives over to the NDS was sometimes based on the recommendations of CSIS interrogators, but Canadian military officials always delivered the final decision. This prompted CSIS to undertake a review of its dealings with Afghan detainees “to ensure that the Service can ... account for its engagement during this period." Briefing notes to CSIS director Dick Fadden state that the service interrogated up to 50 prisoners (between 2002 through late 2007 according to an assistant director with the service), but insists that they were treated properly. The notes also state "CSIS officers have been serving alongside the Canadian Forces" while armed, and affirms that agents had no role in determining whether prisoners should be transferred to Afghan authorities.
It is believed that initial investigations into the treatment of Afghan detainees sparked investigations into Canada's elite military unit, Joint Task Force 2
Joint Task Force 2
Joint Task Force 2 is an elite Special Operations Force of the Canadian Armed Forces primarily tasked with counter-terrorism operations...
(JTF2). The first investigation, named Sand Trap, examined allegations that a JTF2 member was involved in the 2006 shooting death of an Afghan who was surrendering. No charges were laid at the conclusion of the investigation. However, a larger investigation called Sand Trap II began hearing from witnesses in May 2009 regarding allegations of JTF2 members witnessing United States armed forces
United States armed forces
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
killing an unarmed man. This investigation is still being conducted by the Canadian Forces National Investigation Service
Canadian Forces National Investigation Service
The Canadian Forces National Investigation Service is the investigative arm of the Canadian Forces Military Police.-History:The CFNIS was established in 1997 with a mandate to investigate serious and sensitive matters related to Department of National Defence and the Canadian Forces...
, and it has led to calls for civilian oversight of JTF2.
International
There are also allegations that the NDS tortured detainees handed over to them by British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
soldiers in Afghanistan. Allegations were also made that British Armed Forces
British Armed Forces
The British Armed Forces are the armed forces of the United Kingdom of Great Britain and Northern Ireland.Also known as Her Majesty's Armed Forces and sometimes legally the Armed Forces of the Crown, the British Armed Forces encompasses three professional uniformed services, the Royal Navy, the...
have received evidence of this torture, and NATO "has buried its head in the sand while torture has continued, and it's known about it." The British High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
ruled on June 25, 2010 that there was "a possibility of torture and serious mistreatment” of prisoners. It is now illegal for British troops to hand over detainees to the NDS in Kabul, however The High Court still approved of transfers in Kandahar
Kandahar Province
Kandahar or Qandahar is one of the largest of the thirty-four provinces of Afghanistan. It is located in southern Afghanistan, between Helmand, Oruzgan and Zabul provinces. Its capital is the city of Kandahar, which is located on the Arghandab River. The province has a population of nearly...
and Helmand
Helmand Province
Helmand is one of the 34 provinces of Afghanistan. It is in the southwest of the country. Its capital is Lashkar Gah. The Helmand River flows through the mainly desert region, providing water for irrigation....
provinces. This was on the condition that government and military officials improved its systems for monitoring detainees, in order to avoid "a real risk of torture or serious mistreatment.”
On September 6, 2011, it was revealed that NATO had suspended transfers of detainees to several Afghan prisons. The move was prompted by a United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
report, published a few days later, which described “a compelling pattern and practice of systematic torture and ill-treatment” at a number of facilities run by the NDS and Afghan police. NATO stated it would undertake verification on the claims, and be "prudent" in halting transfers until that time.
Public opinion
An EKOSEKOS Research Associates
EKOS Research Associates Inc. is a Canadian social and economic research company founded by Carleton University graduate Frank Graves. They specialize in market research, public opinion research, strategic communications advice, program evaluation and performance measurement, and human resources...
poll conducted in December 2009 revealed that 83% of the respondents believed the government knew Afghan detainees were tortured. This was a consistent result across all age groups, genders and geographic locations. It also concluded that 41% of respondents were dissatisfied with the governments transparency on the issue, and only 24% were satisfied. The remaining 35% were still undecided or had no opinion. As time progressed, 61% of Canadians still believed Afghan detainees were tortured in May 2010, according an Ipsos-Reid
Ipsos-Reid
Ipsos Reid is a research company based in Canada and is the Canadian arm of the global Ipsos Group. Founded in Winnipeg in 1979, the company expanded across the country and became part of the Ipsos Group in 2000....
poll. This poll also found that 52% of respondents believed that Stephen Harper and Canadian soldiers knew torture was occurring, and 75% believed senior military officials would have known about the problem. A poll done by Angus Reid
Angus Reid Public Opinion
Angus Reid Public Opinion is an international public affairs practice. It was established in 2006 under the name Angus Reid Strategies by Dr Angus Reid, a Canadian sociologist who founded his first research company in 1979. Reid sold the Angus Reid Group to Paris-based Ipsos SA in 2000...
during January 5 and 6, found that 38 per cent of Canadians believed that Harper used the December 30, 2009 prorogation to curtail the Canadian Afghan detainee issue.
See also
- Bagram torture and prisoner abuseBagram torture and prisoner abuseIn 2005, The New York Times obtained a 2,000-page United States Army report concerning the homicides of two unarmed civilian Afghan prisoners by U.S. armed forces in 2002 at the Bagram Theater Internment Facility in Bagram, Afghanistan. The prisoners, Habibullah and Dilawar, were chained to the...
- Canada's role in the invasion of AfghanistanCanada's role in the invasion of AfghanistanCanada did not have a significant role in the first few months of the invasion of Afghanistan that began on October 7, 2001, and the first contingents of regular Canadian troops arrived in Afghanistan only in January–February 2002. Canada took on a larger role starting in 2006 after the Canadian...
- Canadian Forces casualties in AfghanistanCanadian Forces casualties in AfghanistanThe number of Canadian Forces' fatalities resulting from Canadian military activities in Afghanistan is the largest for any single Canadian military mission since the Korean War between 1950 and 1953...
- International public opinion on the war in AfghanistanInternational public opinion on the war in AfghanistanInternational public opinion is largely opposed to the war in Afghanistan. A 47-nation global survey of public opinion conducted in June 2007 by the Pew Global Attitudes Project found considerable opposition to the U.S. and NATO military operations in Afghanistan...
- Opposition to the War in Afghanistan (2001–present)
- Protests against the invasion of AfghanistanProtests against the invasion of AfghanistanThe ongoing decade-long War in Afghanistan has prompted large protests around the world, with the first large-scale demonstrations beginning in the days leading up to the war's official launch on October 7, 2001....
External links
- Special Committee on the Canadian Mission in Afghanistan
- Detainee Documents released by Federal Court on November 14, 2007
Videos
- Government under attack over Afghan detainee abuse allegations (April 2007 video compilation of Parliamentary debates)
- Canada's pro-democracy movement (includes footage of Colvin) Produced by Jesse FreestonJesse FreestonJesse Freeston is a Canadian video journalist and filmmaker. His work focuses primarily on social movements in North and Central America, but he has also done investigative work around topics such as the military-industrial complex, the global economic crisis, and undocumented migration...
, January 29, 2010; Publisher: The Real News (duration: 10:36)