Statement by the Government of Canada 

The Canadian mission in Afghanistan is conducted under extremely challenging circumstances.  We are working alongside our international partners under a United Nations Security Council mandate and at the invitation of Afghanistan’s government to help Afghans enhance security, the rule of law, and the economic and social opportunities available to them. 

Achieving these goals requires a robust and determined response to terrorists and insurgents who are working against the interests of the people of Afghanistan and the Afghan government.  These insurgents are not a professional military force with a sense of values or ethos similar to our own.  They do not follow the laws of armed conflict or respect the conventions of war.  They do not wear uniforms, but rather hide within the general population.  They target indiscriminately and have no regard for the value of human life. 

As the Canadian Forces work with Afghan partners to improve the security situation in Kandahar, our troops frequently engage in combat operations against hostile forces, in the course of which many brave Canadian men and women have sacrificed their lives.  During these operations, our soldiers temporarily detain persons who may pose a threat to Afghan citizens, allied and Afghan soldiers and the international community’s mission. 

The decision to transfer or release a detainee is an operational matter and is the purview of the Canadian Commander in theatre.  It takes into consideration the facts on the ground and input from other government departments, including Correctional Services Canada and the Department of Foreign Affairs and International Trade.  The Commander does not hold any detainee unless he is satisfied that the detainee poses an ongoing threat to coalition forces and Afghans, and he will not transfer any detainee to Afghan authorities unless he is satisfied that those detainees will not be subject to a real and substantial risk of torture or other forms of mistreatment. 

Once transferred to the Government of Afghanistan, Afghan authorities are ultimately responsible for the treatment of detainees.  This reflects Canada’s and the international community’s respect for the sovereignty of Afghanistan but equally importantly it helps develop a critical capacity where none existed before. 

Since the May 2007 Supplementary Transfer Arrangement was implemented, Canada has temporarily paused transferring detainees once in November 2007 and on three occasions in 2009.  The first two pauses in 2009 were related to allegations about treatment, the last pause was related to access to facilities.  All three pauses were for brief periods of time.  The first allegations in 2009 were investigated by Afghan officials and appropriate corrective actions were taken.  In the latter case, Afghan officials moved quickly to restore unrestricted access to facilities.  When Canadian officials were satisfied that the original concerns were appropriately addressed, the transfer process resumed. 

Should a Canadian-transferred detainee allege mistreatment, Canada will inform immediately the ICRC and the AIHRC and raise the allegation with senior Afghan government officials, as appropriate. It is important to note that there has never been a proven allegation of abuse involving a Canadian-transferred detainee.  Further, the speed with which Canadian officials respond to and verify information through direct access to Canadian-transferred detainees in Afghan facilities demonstrates that the May 2007 Supplementary Transfer Arrangement is working effectively. 

As well, should a non-Canadian transferred inmate approach a visiting officer and allege mistreatment, Canada has a policy to pass this information to the ICRC and the AIHRC for follow-up.

The Government of Afghanistan has undertaken to investigate all the allegations of mistreatment of Canadian-transferred detainees, working with the AIHRC, and Canada has offered its assistance in enhancing the Afghan government’s ability to carry out such investigations in a transparent and impartial manner.

Canada is committed to working with our Afghan partners to address security, governance and development priorities, and do so upholding the values of justice, respect for human rights and the dignity of the individual.  Those values are reflected in our conduct toward detainees, and in our continuing work to assist our Afghan partners in developing their own institutions.