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Calls for Defence Minister ouster over Afghan detainees

Globe and Mail Update

Canada's opposition parties were demanding changes to the Afghanistan detainee transfer agreement and calling for the Defence Minister's resignation following accounts of gruesome torture of prisoners in Kandahar.

Monday's Question Period exploded with a barrage of complaints and repeated calls for Defence Minister Gordon O'Connor's ouster from the portfolio.

The calls were sparked by a Globe and Mail investigation that uncovered gruesome stories and allegations of abuse by Afghan authorities who take prisoners who have been captured by Canadian troops, despite Canada's assurances that the rights of detainees are protected.

NDP Leader Jack Layton said the transfer of prisoners to Afghan authorities should stop immediately, a public inquiry be launched and Mr. O'Connor be sacked. He was backed up by all opposition parties.

Prime Minister Stephen Harper said the government was aware of the allegations and would follow up the matter with the Afghan government.

“These are serious allegations. This government is taking these allegations seriously,” Mr. Harper said.

“As for the Defence Minister, his job is to make sure our forces in Afghanistan have the tools to do their job, and he's doing that job.”

The matter dominated early debate in Question Period. Deputy Liberal Leader Michael Ignatieff said Mr. O'Conner was “incompetent” and should be replaced by a minister “who can ensure the Geneva convention will be respected” by both Canada and its allies.

Liberal Defence Critic Denis Coderre later told the Globe the party would “do what we have to do” to have their demands answered.

“At every level ... [the Harper Government] totally failed in Canada's role regarding human rights,” Mr. Coderre said. “There's too many questions.”

But Mr. O'Connor defended his record in dealing with Afghanistan, telling Commons that a recent agreement with the human rights commission of Afghanistan guaranteed any detainee abuses would be reported.

NDP defence critic Dawn Black said the government had been warned for a long time that such abuses could occur. Ms. Black has repeatedly raised concerns over the detainee transfer agreement – signed in December, 2005, under the pervious Liberal government – since parliament began sitting over a year ago.

She said the Canadian agreement could mimic those of Britain and the Netherlands, who are allowed to check on the welfare of prisoners, while Canada is not.

“Canada has such a proud record in human rights. Not to fix the agreement makes me very angry and quite frankly puzzled,” Ms. Black said. “It's an easy thing to fix. Canadians should rightfully be appalled by this.”

And Bloc Quebecois leader Gilles Duceppe said Mr. O'Connor had been “just lying to us since the very beginning ... not only on detainees, on the whole situation in Afghanistan,” and joined the chorus calling for Mr. O'Connor's resignation.

Earlier Monday, human rights experts and university professors Michael Byers and Amir Attaran said the Canadian Forces should stop transferring detainees into Afghan hands and build their own detention facility in the Asian country.

In the current circumstances, they said, Canadian Forces members are complicit in the alleged torture that is inflicted on prisoners of war in Afghan prisons.

“Under international law, you are prohibited from transferring to torture. You are prohibited from facilitating torture in any way,” said Mr. Byers, who teaches international law and politics at the University of British Columbia.

“We're not simply speaking about the criminal responsibility of individual Canadian soldiers. We're speaking also of command responsibility, of criminal responsibility that continues up the chain of command, to any superior officer who knew of the risk of torture and who ordered or allowed our soldiers to transfer detainees nevertheless,” he said.

In 30 interviews with men recently captured in Kandahar province, a Globe and Mail investigation has uncovered a litany of gruesome stories and a clear pattern of abuse by the Afghan authorities who work closely with Canadian troops, despite Canada's assurances that the rights of detainees are protected.

Mr. Attaran said the Canadian government has to make an announcement by the end of the day, given that allegations of torture in Afghan prisons are now public.

“The acid test for (Mr. O'Connor and Chief of the Defence Staff General Rick Hillier) is today. Can they, by the end of the day, call it quits on what is an illegal practice?” said the law professor at the University of Ottawa.

Mr. Attaran said that Canada handled tens of thousands of prisoners of war in the Second World War, and that it now has to build a facility to handle the much lower numbers of detainees in Afghanistan. He estimated that Canada has captured only a few dozens prisoners since the start of the mission in 2002.

Canadian Forces members regularly hold detainees for a few days of questioning at Kandahar Air Field, then give them to the National Directorate of Security, Afghanistan's intelligence police. Over and over, detainees interviewed by The Globe described how Canadians tied their hands with plastic straps, marking the start of nightmarish journeys through shadowy jails and blood-spattered interrogation rooms.

None of the abuse was inflicted by Canadians, and most Afghans captured – even those who clearly sympathized with the Taliban – praised the Canadian soldiers for their politeness, their gentle handling of captives and their comfortable detention facility.

Still, the experts said, it has long been known that Afghan authorities engage in torture, and that international law prevents any complicity in such activities.

“If this report is accurate, Canadians have engaged in war crimes, not only individually but also as a matter of policy,” Mr. Byers said.