Wednesday, February 4, 2009 5:38 PM
Remember those redacted Afghan detainee files?
Bill Curry
The back story behind allegations of a federal cover up related to the Afghan detainee controversy will play out Thursday in Federal Court.
Amir Attaran, a University of Ottawa law professor, is in court demanding the department of Foreign Affairs hand over its annual human rights reports for 2001 to 2006 relating to Afghanistan, after failing to do so through the Access to Information Act.
"This application concerns the right of Canadians to use the Access to Information Act to discover crucial information regarding human rights abuses in the world," writes Prof. Attaran in his submission to the court. "It also involves the decision of the Respondent [the federal government] to cover-up the government's knowledge that persons in Afghanistan are tortured – at a time when that would have been highly embarrassing to the Respondent."
The government will argue it was correct to release only a heavily-redacted version of the report because section 15(1) of the Access Act allows exemptions of material that "could reasonably be expected to be injurious to the conduct of [Canada's] international affairs."
At this point, the professor is largely fighting to block the government from using that exemption to block future human rights reports. Mr. Attaran and others found out what was behind the document's black lines in April 2007, courtesy of a front-page story in The Globe and Mail by our Washington correspondent, Paul Koring.
The blacked out sentences included this line: "Extra judicial executions, disappearances, torture and detention without trial are all too common."
Attached are the submissions to the court from Prof. Attaran and the Minister of Foreign Affairs. The Court is not expected to deliver a ruling this week.