"Canadian Forces Release Statistics on Afghanistan Detainees"

8/7/2019 "Canadian Forces Release Statistics on Afghanistan Detainees"

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Backgrounder

Canadian Forces Release Statistics on Afghanistan Detainees

Canada is participating in the International Security Assistance Force (ISAF) in

Afghanistan with 47 other nations at the request of the democratically elected

government. Our ultimate aim is to leave Afghanistan to Afghans, a viable country that is

better governed, more peaceful and more secure.

Since the beginning of our military operations in Afghanistan in October 2001, the

Government of Canada has been committed to ensuring that individuals detained by the

Canadian Forces (CF) are handled and transferred or released in accordance with our

obligations under international law. Respect for the rule of law is an essential aspect of

Canadian Forces operations. Members of the Canadian Forces and their civilian

counterparts have consistently demonstrated tremendous professionalism in their

respective roles regarding detainees.

Canada's processes for the transfer of detainees to Afghan authorities have evolved

over the years of our engagement in Afghanistan. Key to our efforts since May 2007 is a

post-transfer monitoring program, a Diplomatic Contingency Plan, and a robust capacity

building program for the Afghan justice and corrections sectors. The Diplomatic

Contingency Plan is triggered in the event allegations of abuse of a Canadian-transferred

detainee are received from any source, including during interviews with transferred

detainees. In the event of an allegation, Canada notifies the International Committee of

the Red Cross (ICRC), the Afghanistan Independent Human Rights Commission (AIHRC),

and Afghan authorities, as appropriate. Canadian officials follow up on the investigations.

Background

After more than three decades of civil conflict, the capacity of the Afghan justice and

correctional system was seriously eroded. Canada and our allies understood the need to

support law and order in Afghanistan by building the capacity of the police, judicial and

corrections sectors through targeted capacity- building efforts.

We continue to work with and train the Afghan National Security Forces (ANSF) to

increase the Afghan governments capacity to handle detainees appropriately. Canadahas made significant investments to help build capacity in rule of law functions, including

police, judicial and correctional services. Canada also continues to fund and work closely

with independent organizations, including the AIHRC, to strengthen their abilities to

monitor, investigate, report and act on issues involving the treatment of detainees.

In the early stages of Canadas engagement in Afghanistan, the Canadian Forces

transferred Afghan detainees to U.S. authorities and, while on joint operations supporting

capacity building of the ANSF, to Afghan authorities. Since the December 2005 Canada-

Afghanistan Arrangement for the Transfer of Detainees was signed, all Canadian Forces

detainees have been transferred to Afghan authorities pursuant to specific modalities set

out therein. The Government of Afghanistan has primary responsibility for ensuring that

the rights of those transferred into its custody are respected.

Recognition of the Afghan governments sovereign responsibility for all issues related to

the rule of law and justice in its territory underpins the formal arrangement of 18

December 2005. This established procedures for the transfer of detainees to Afghanauthorities. Canada does not operate permanent detention facilities in Afghanistan.

In addition to setting the framework for transfers, this arrangement reinforced the

commitments of both parties to treat detainees humanely and in accordance with the

standards of the Third Geneva Convention. This arrangement also specifically prohibits

the application of the death penalty to any Canadian-transferred detainee.

On 3 May 2007, Canada signed a Supplementary Arrangement which clarified Canadas

expectations and the Government of Afghanistans responsibilities. Importantly, this

supplementary arrangement provides Canadian officials with unrestricted and private

access to Canadian transferred detainees, and commits Afghan authorities to notify us

when a detainee is transferred, sentenced or released, or his status changes in any way.

Canada retains the right to refuse transfer to a third party. In the case of allegations of

mistreatment, the Afghan Government committed through this Arrangement to

investigate and, when appropriate, bring to justice suspected offenders in accordance

with Afghan law and applicable international legal standards.

Civilian Government of Canada officials monitor the treatment of Canadian-transferred

detainees in Afghan detention facilities up to the point where detainees are sentenced

by Afghan authorities, or are released from custody.

Detention Procedures

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http://www.afghanistan.gc.ca/canada-afghanistan/assets/pdfs/agreement_detainees_030507.pdfhttp://www.afghanistan.gc.ca/canada-afghanistan/assets/pdfs/Dec2005.pdfhttp://www.afghanistan.gc.ca/canada-afghanistan/links-liens.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/media.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/kandahar/kprt-eprk.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/kandahar/represent.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/kandahar/index.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/embassy-ambassade/ambassador-ambassadeur.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/embassy-ambassade/index.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/progress-progres/benchmarks-reperes/index.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/progress-progres/index.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/stories-reportages/index.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/police.aspx?lang=enghttp://www.afghanistan.gc.ca/canada-afghanistan/approach-approche/cfo-ofc.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/projects-projets/index.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/priorities-priorites/reconciliation.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/priorities-priorites/institutions.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/priorities-priorites/border-frontiere.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/priorities-priorites/aid-assistance.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/priorities-priorites/services.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/priorities-priorites/secure.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/priorities-priorites/index.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/approach-approche/index.aspxhttp://www.afghanistan.gc.ca/canada-afghanistan/index.aspx?lang=enghttp://www.canada.gc.ca/home.htmlhttp://www.afghanistan.gc.ca/canada-afghanistan/search-recherche.aspx?lang=enghttp://www.afghanistan.gc.ca/canada-afghanistan/help-aide.aspx?lang=enghttp://www.afghanistan.gc.ca/canada-afghanistan/contact-contactez.aspx?lang=enghttp://www.afghanistan.gc.ca/canada-afghanistan/index.aspx?lang=enghttp://www.afghanistan.gc.ca/canada-afghanistan/news-nouvelles/2010/2010_09_22b.aspx?lang=fra


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Detainees are individuals captured by the Canadian Forces in the course of military

operations who pose a threat to Canadians, Allies or Afghans individuals who have

either attacked or killed Canadian soldiers and officials, Afghan citizens or our

international partners, or in respect of whom there is credible information to suggest that

they present a threat.

In accordance with their obligations under international humanitarian law, the Canadian

Forces (CF) treats all detainees humanely; as a matter of policy, this includes the

standards of protection afforded by the Third Geneva Conventions. Protections include

providing detainees with food, shelter and necessary medical attention. Specific training

is provided to Canadian Forces members involved in the handling and transfer of

detainees.

When a decision is made to hold a detainee, that individual, whether injured or not, is

brought to the Role 3 Multinational Medical Unit (MMU) for medical assessment. Non-

injured detainees may then be handed over to the temporary detention centre on the

Canadian base in Kandahar, while the injured receive necessary treatment. Detainees in

Canadian custody are afforded the same medical treatment as CF members and either

remain at the MMU for continuous care or are moved to the detention centre with visits

to the MMU when necessary.

Detainees remain under treatmentin the MMU at Kandahar Air Field until their discharge,

and while in detention are provided access to follow-up treatment if required.

Injured detainees who are subject to transfer are held in CF custody until their medical

condition permits transfer to Afghan authorities.

Conditions for transfer

The decision to continue to detain, transfer or release a detainee is an operational one

that takes into consideration information from a number of Canadian, Afghan and

international sources. The Canadian Task Force Commander is the sole authority who

can make the determination of whether a detainee will be transferred or released by the

Canadian Forces. His decision to transfer is premised on his confidence that there are no

substantial grounds for believing that there exists a real risk that the detainee would be

in danger of being subjected to torture or other forms of mistreatment at the hands of

Afghan authorities.

In accordance with ISAF guidelines, the Canadian Commander makes every effort to hold

detainees no longer than 96 hours, during which time the CF reviews all available

information and assesses whether further detention, transfer or release is the

appropriate course of action.

Operational decisions to hold detainees longer than ISAF guidelines can and do occur for

a variety of reasons from medical to administrative to security. This decision is made by

the Commander ofCanadian Expeditionary Forces Command (CEFCOM) based on a

recommendation from the Commander in Theatre and takes into consideration the facts

on the ground and input from other government departments, including Correctional

Service of Canada (CSC) and the Department of Foreign Affairs and International Trade(DFAIT).

Canada s detainee monitoring process

The December 2005 and May 2007 Arrangements clearly outline the Canadian and Afghan

governmentsroles and responsibilities with regard to the transfer and monitoring of

Canadian-transferred detainees to Afghan authorities. The 2007 Supplementary

Arrangement ensures unrestricted and private access to Canadian-transferred detainees.

To track and monitor detainees once they have been transferred, the Arrangement limits

the number of facilities where Canadian-transferred detainees can be held. The 2007

Arrangement also commits the Government of Afghanistan to investigate allegations of

abuse and inform the Government of Canada, the AIHRC and the ICRC of the steps it is

taking.

Civilian Government of Canada officials conduct post-transfer monitoring visits to assess

the conditions of detention and treatment of Canadian-transferred detainees held inAfghan facilities.

Canada has a robust detainee monitoring regime, with regular, unannounced visits at a

limited number of designated detention facilities in Kandahar and Kabul at varying times.

However, the vast majority of detainees transferred by Canada remain in Kandahar and

are held at either the National Directorate of Security (NDS) detention facility or the

Ministry of Justice-run Sarpoza prison.

Since May 2007, when monitoring began, Canadian officials have conducted more than

260 visits to detention facilities, conducting more than 265 interviews with

detainees. (Current as of September 2010.)

The Afghan Facilities to which Canadian-Transferred detainees can be transferred:

l NDS detention facility, Kandahar

l Sarposa Central Prison, Kandahar, (Ministry of Justice)

l NDS detention faciliy, Department Number 17, Kabul

l Pol-e-Charki Prison, Kabul (Ministry of Justice)

l Juvenile Rehabilitation Centre, Kandahar (Ministry of Justice)



http://www.afghanistan.gc.ca/canada-afghanistan/assets/pdfs/agreement_detainees_030507.pdfhttp://www.cefcom.forces.gc.ca/pa-ap/index-eng.asp


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l Counter Narcotics Justice Centre (CNJC), Kabul (Ministry of Justice)

Responding in the event of an allegation

Should allegations of abuse arise during interviews with Canadian-transferred detainees,

the Diplomatic Contingency Plan is activated, which includes the notification of the

Afghan authorities, the ICRC and AIHRC as well as senior Canadian officials from across

government. It requires situation-dependent follow-up actions, including an investigation

by the Afghan government, where appropriate, and may include more frequent follow-up

visits or the suspension of transfers.

Suspension and resumption of transfer

In the event of an allegation of mistreatment of a Canadian-transferred detainee, or if

Canada has any concerns that Afghan authorities are not abiding by the Arrangements,

the Canadian Forces Task Force Commander may decide to pause or suspend transfers.

Since May 2007, detainee transfers have been suspended on one occasion (Nov 07

Feb 08) and have been temporarily paused by the Canadian Commander of Task Force

Kandahar on three separate occasions in 2009.

Individuals detained by the Canadian Forces in Afghanistan since 2001

Since the beginning of the Afghanistan mission in 2001, there has been a need to

protect data related to the number of persons detained by the CF based on the need to

maintain a high level of security for military operations in Theatre, to ensure that the

lives of civilians, allies and Canadian Forces personnel in Afghanistan are not put at risk

by the release of information of an operational security (OPSEC) nature. OPSEC is

essential to maintain security and freedom of action by denying the enemy any

information that would indicate the disposition, capabilities and intentions of the

Canadian and allied forces, which could endanger the lives of CF personnel, allies and

civilians.

A recent military review has led the CF to conclude that historical statistics pertaining to

the number of individuals detained by the CF in Afghanistan no longer pose an immediate

threat to current or recent operations because they do not indicate a particular pattern

that the enemy could use against future operations.

Although some types of Afghanistan detainee-related information remain OPSEC in

nature, basic statistical information such as number of persons detained, released,

transferred and deceased, does not pose OPSEC concerns. Additionally, the CF has

determined that releasing cumulative detainee-related statistics would not pose a threat

to Canadians or our allies in the field. In light of these considerations, and in the interest

of accuracy and transparency, historical detainee data will now be released on an annual

basis once per calendar year after being protected by the CF for a period of 12 months.

Individuals detained by the CF since 2001

2001

In 2001 there were no individuals detained by the Canadian Forces.

2002

In 2002, the CF detained 17 individuals. 5 were released by the CF, while 12 were

transferred.

2003

In 2003, the CF detained four (4) individuals. All were released by the CF.

2004


transferred.

2005

In 2005, the CF detained eight (8) individuals. One (1) was released by the CF, whileseven (7) were transferred.

2006


transferred. Two (2) individuals died of wounds as a result of injuries suffered on the

battlefield. Both individuals passed away at the Role 3 hospital while receiving medical

care.

2007


transferred. Three (3) individuals were detained near the close of 2007, but remained in

CF custody until 2008. These individuals are counted asdetainedin 2007 and are

reflected in the 2008 statistics.

2008

In 2008, the CF detained 87 individuals. Three (3) individuals detained in 2007 remained

in custody into 2008, bringing the total of detained individuals in 2008 to 90. Of the 90,

71 were released by the CF, while 18 were transferred. One (1) individual was detained

near the close of 2008 but remained in CF custody until 2009. This individual is counted

asdetainedin 2008 and is reflected in the 2009 statistics.





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2009

In 2009, the CF detained 225 individuals. One (1) individual detained in 2008 remained in

custody into 2009, bringing the total of detained individuals in 2009 to 226. Of the 226,

126 were released by the CF, while 92 were transferred. One (1) individual died of

wounds as a result of injuries suffered on the battlefield. The individual passed away at

the Role 3 hospital while receiving medical care. Seven (7) individuals were detained near

the close of 2009 but remained in CF custody until 2010. These individuals are counted

asdetainedin 2009 and will be reflected in the 2010 statistics.

Date Modified: 2011-02-04

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"Canadian Forces Release Statistics on Afghanistan Detainees"