Hmm.., a somewhat satisfactory response, re Afghan detainees:

[CanuckAmok]

> -----Original Message-----
> From: (CanuckAmok)
> Sent: Sunday, 16 April, 2006 13:39
> To:
> Subject: From a concerned Canadian
>
>
> Dear Deputy Minister.
>
> I commend our government for signing the "Arrangement for the Transfer of Detainees Between the Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan". This step is one more in a series of initiatives Canada has made to help stabilise that troubled region.
>
> I understand that, as one would expect, the rules of the Third Geneva Convention will apply to this agreement.
>
> I also understand that, as per paragraph three:
>
> "The Afghan authorities will accept (as Accepting Power) detainees who have been detained by the Canadian Forces (the Transferring Power) and will be responsible for maintaining and safeguarding detainees, and for ensuring the protections provided in Paragraph 3 above, to all such detainees whose custody has been transferred to them."
>
> However, the clause stated in paragraph eight seems to contradict paragraph three, and indeed the spirit of the entire agreement. It states:
>
> "A Detaining Power, can be either a Transferring or Accepting Power, and will be a Power which detains the detainee for any period of time beyond that reasonably required between initial capture and transfer. The Detaining Power will be responsible for classification of detainee's legal status under international law. Should any doubt exist whether a detainee may be a Prisoner of War, the detainee will be treated humanely, at all times and under all circumstances, in a manner consistent with the rights and protections of the Third Geneva Convention, even if subsequently transferred to the custody of an Accepting Power."
>
> It appears to me that Canadian troops cannot ensure the safe treatment of detainees who are not in their custody. By delivering detainees to another "Accepting Power", we may very well be handing them over to a nation whose forces may or may not conform to the Third Geneva Convention. This has already been proven to be the case with the United States, whose govermnent tacitly supports of torture and other illegal activities being performed on detainees.
>
> As a nation which strictly and proudly endorses the Third Geneva Convention, we cannot in good conscience agree to a treaty which requires us to deliver detainees to any organisation or government who may bring them harm before being tried in an internationally recognised tribunal.
>
> Furthermore, as you are no doubt aware, Canadian law strictly prohibits the extradition of anyone to the jurisdiction of any nation which may apply capital punishment to the accused.
>
> As I understand our government's policies, in both in civilian and military law, we are bound to protect detainees in our custody from being tortured or executed for any reason by a third party.
>
> I would like you to please explain how our military can guarantee the safety of detainees we have turned over to a third party, and what safeguards are in place to ensure these detainees are treated in a humane and internationally accepted manner.
>
> Yours truly,
> (CanuckAmok)
>
>
Dear Mr. Amok:

I am writing in response to the e-mail you addressed to the Deputy Minister of National Defence concerning the humane treatment of detainees transferred by the Canadian Forces to Afghan authorities.

Recently, the Canadian Forces signed an arrangement with the Government of the Islamic Republic of Afghanistan with respect to the transfer of detainees from the Canadian Forces in Afghanistan to Afghan authorities. This arrangement sets out the procedures and standard of treatment to be accorded to all detained individuals transferred from the Canadian Forces to the Islamic Republic of Afghanistan. Canada and Afghanistan have undertaken to treat detainees in a manner consistent with international standards. In light of this arrangement, it is the intent of the Canadian Forces that individuals captured by the Canadian Forces in Afghanistan will be transferred to Afghan authorities.

The Government of Canada supports the principle that Afghan authorities should have the responsibility for handling detainees captured in their sovereign territory. The arrangement is consistent with one of Canada's objectives in Afghanistan: to support Afghan authorities in strengthening the institutional capacities of the Afghan government.

Details of the arrangement are available to the public on the Department of National Defence website at www.forces.gc.ca/site/operations/archer/agreement_e.asp.

International law provides for the transfer of detainees to other national authorities as long as the detaining power is satisfied that the receiving national authority is willing and able to apply the appropriate legal standards. The Government of Canada has every assurance and confidence that the Government of Afghanistan is applying those standards.

The Government of Canada informs the International Committee of the Red Cross (ICRC) each time it transfers a detainee to another national authority. The arrangement signed with the Government of Afghanistan highlights the right of the ICRC to monitor and visit prisoners of war and detainees transferred to Afghan authorities at any time. The ICRC, in accordance with its mandate, is therefore well placed to monitor the treatment of the detainees to ensure that they receive humane treatment and protection in accordance with the Geneva Convention. To date, the ICRC has not notified Canada of any abuse or other mistreatment of any of the individuals Canada has transferred to the Afghan authorities.

Canada has never been a nation to shy away from its international responsibilities. We have always been willing to help those in need. The Afghan government has requested the help of Canada, our international partners, and the North Atlantic Treaty Organization in providing security so that Afghanistan can rebuild. Our presence contributes to the broader efforts of our partners to set and reach development goals and strengthen Afghan governance and civil order over the longer term. Already our efforts are making a real difference in the lives of Afghans.

If you are interested in learning more about Canada's commitment to Afghanistan, I invite you to consult www.canada-afghanistan.gc.ca.

I trust this information is of assistance, and I thank you once again for your interest in the Canadian Forces and Canada's security.

Sincerely,


The Honourable Gordon J. O'Connor, PC, MP
Minister of National Defence