Thursday, December 26, 2013

The Afghan "detainee" transfer problem that has not gone away

"...that history has yet to be written."

"In some ways that history has yet to be written....We went in there and we conclusively proved that Afghans were being handed over to torture chambers.  I was just one guy, but following up on the work we did, the United Nations led by a woman named Georgette Gangnon, who is also a Canadian, she led teams of human rights investigators that produced reams of reports that conclusively showed that in Kandahar detainees are regularly tortured by Afghan authorities......The answer about whether the Canadians knew that they were handing people over to torture - those answers are in Ottawa."
Graeme Smith on Afghanistan
The Dogs Are Eating Them Now
CBC Power and Politics
December 20, 2013
Clip on prisoner transfers starts about 4:52.
Sorry about the ads.

"So I said, you know, the NDS tortures people, that is what they do, and if we don’t want to have detainees tortured, we shouldn’t give them to the NDS."
Richard Colvin, testimony before the Canadian Military Police Complaints Commission, April 13, 2010

    Lastly, the general problem of responsibility for the treatment of prisoners of war can be solved only on the very basis on which the system provided by the Convention is itself founded: the States parties to the Convention must remain responsible for the prisoners captured by their armed forces. A unified command which has authority over the armed forces of several countries cannot in this case take over the responsibility incumbent upon States; otherwise the proper application of the Conventions which are, at least at the present stage, indissolubly linked to a structure composed of States, would be endangered.
Commentary - Art. 12. Part II : General protection of prisoners of war
Third Geneva Convention, August 12,1949 
Relative to the Treatment of Prisoners of War