Thursday, March 15, 2007

CDN Defence Department Tries to Block Detainee Investigation

Why is our defence minister now trying to block an investigation into the fate of detainees who've come forward to say they were tortured after being handed over to Afghan officials by the Canadian military in Afghanistan?

The answer's in that question, obviously.

Via the CP:

OTTAWA (CP) - 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.

If it goes to court, lawyers might still be arguing long after Canadian soldiers have left Afghanistan.

The move could lead to a court showdown between the department and the Military Police Complaints Commission, or it could prompt the commission to take its investigation into the open with formal public hearings.

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.

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

Isn't that for the commission to determine?

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.

Good. Make it public.

The defence department is obviously just trying to block the complaints filed by Amnesty International and the BC Civil Liberties Association with the heavy-handed tactic of endless litigation. What is O'Connor so afraid of? Most likely that there my be some actual truth to the allegations especially since the agreement Hillier signed with the Afghan government was not legally binding and did not offer any oversight from anyone as to the fate of the transferred detainees.

This is supposed to be the government of accountability. We all know what a farce that mantra has been to this point and now we have even more proof of that.
 

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