Torture Investigation Stopped by Canadian Military Officials

Editor's note: Also see new articles at the other blog(and more below).
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Military Law Office:

The complaint involves "a hypothetical determination that a detainee might have been or might in the future be, tortured by Afghanistan authorities – with no evidence or even an allegation that a detainee transferred by the (Forces) was ever tortured."

The matter covers "a high-level, multi-departmental government of Canada policy regarding the transfer of detainees by the Canadian Forces to Afghanistan authorities and an arrangement made with the government of Afghanistan pursuant to this policy."

The practice of handing over prisoners is ``directed by the operational chair of command and is required to be followed by all (Canadian Forces) members involved in the handling of detainees, not just the military police."

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Defence wants to stop Afghan torture investigation
The Defence Department says it may go to court to block a military watchdog from investigating a complaint about Canada's handling of prisoners in Afghanistan.

The department questions the jurisdiction of the commission to look into the complaint filed last month by Amnesty International Canada and the British Columbia Civil Liberties Association.

The rights groups said Canadian military police handed prisoners over to Afghan authorities, even though they should have known that Afghan police and the security directorate "routinely torture prisoners." They cited 18 specific cases of individuals who were turned over to the Afghan system.

DEPARTMENT HALTS INVESTIGATION

The department argues that there's no evidence that any prisoner handed over by Canadians was ever tortured.

Col. Patrick Gleeson of the judge advocate general's office wrote to the commission earlier this week to say that, after reviewing commission chairman Peter Tinsley's decision to take on the case, the department and the Canadian Forces take the position that the complaint is outside the commission's mandate.

Gleeson said the complaint involves "a hypothetical determination that a detainee might have been or might in the future be, tortured by Afghanistan authorities – with no evidence or even an allegation that a detainee transferred by the (Forces) was ever tortured."

He went on to say that the matter covers "a high-level, multi-departmental government of Canada policy regarding the transfer of detainees by the Canadian Forces to Afghanistan authorities and an arrangement made with the government of Afghanistan pursuant to this policy."

He added that the practice of handing over prisoners is ``directed by the operational chair of command and is required to be followed by all (Canadian Forces) members involved in the handling of detainees, not just the military police."

POLICE COMMISSION RESPONDS

The police commission wrote back, saying Tinsley's February decision was clear and "the complaint in question raises grounds relating to the conduct of members of the military police in an activity which is expressly enumerated in the regulations" of the National Defence Act.

Stan Blythe, chief of staff to the commission, said the government's letter was unusual. "They've essentially asked this commission to explain their intentions ... and that seems like a very unusual thing to ask a tribunal to do. We are, after all, an independent tribunal with a statutory jurisdiction."

The commission was also counting on the department for help in obtaining documents and witnesses. If the department goes to Federal Court, that kind of co-operation is unlikely.

However, Tinsley has the option of calling public hearings. He decided against hearings initially, but could change his mind. "If there is a lack of co-operation ... that's a factor which could lead the chair to reconsider and call a public hearing," said Blythe.