Conservatives Won’t Stop Improper Handling of War Prisoners

CBC News¹ reported (21 February 2007) about Amnesty International and the B.C. Civil Liberties Association attempts to stop Canadian soldiers from transferring prisoners to Afghan forces because of the likelihood it would implicate Canadian soldiers in a process leading to torture. Besides the likelihood of torture, the article says

“According to the 2006 report of the Afghanistan Independent Human Rights Commission, the country is suffering from the absence of the rule of law, a culture of impunity and abuse of power by government officials, a weak judicial system, slow progress on legal cases and lack of reforms in the judicial and social system.”

The article reports on Amnesty International and BC Civil Liberties Assoc’s legal process noting that “Amnesty International has written a letter to the federal government asking it to put an end to any transfers until the application is heard in court”

Radio Canada International² reported (12 March 2007) about then Conservative defence minister, Gordon O’Connor being unable “to meet with Abdul Noorzai of the Afghanistan Independent Human Rights Commission.” It explains

“Canada has signed an agreement with the commission to monitor the treatment of prisoners handed over to the Afghan government. Mr. O’Connor wanted the Monday meeting to ensure the commission is capable of the job. The leader of Canada’s opposition New Democratic Party wants established human rights organizations to oversee and report on the c[o]ndition of prisoners. Jack Layton [NDP] says Canada has a legal and moral obligation to ensure that its actions do not lead to torture.”

As the torture allegations build momentum against the Conservatives, a Reuters³ (23 April 2007) story reviews a Globe and Mail story about their interviews with 30 men who had been tortured in custody. It raises the issue of the Geneva convention:

Professor Michael Byers of the University of British Columbia, a leading expert in international relations, said if the allegations proved true, Canada had broken a United Nations treaty against torture and the Geneva Convention on the treatment of prisoners of war.

‘”I hope the Canadian people realize just how terrible a day this is. If this report is accurate, Canadians have engaged in war crimes,’ he told reporters.”

This was followed by Stéphane Dion [Liberal] asking whether Conservative Prime Minister Steven Harper demand defence minister Gordon O’Connor’s resignation. Harper responded that his government would take the allegations seriously. Strange he didn’t take it more seriously when it was discovered earlier that O’Connor had falsely told “legislators the International Committee of the Red Cross would inform Canada if detainees were being mistreated.”

Eventually we would indeed lose Gordon O’Connor and instead Peter MacKay would take over. Which has played out as anything but an improvement.Two years later and the Conservatives have done nothing to investigate or rectify the situation.

The Globe and Mail⁴ reported (20 November 2009) on the Conservatives’ approach to the testimony of whistleblower, Richard Colvin. Rather than take the issue seriously and respectful investigate the matter to ensure any wrongdoing was corrected, it launched into a vicious smear campaign.

“The Harper government devoted the day to a public-relations counteroffensive against Mr. Colvin through phone calls and e-mails to reporters, as well as Mr. MacKay’s attacks. It painted the career diplomat’s testimony as groundless and ‘ridiculous’ and suggested his reports of torture ultimately stem from Taliban propaganda.”

Then the Globe and Mail⁵ reported (6 December 2009) on MacKay’s many comments, they list at least six instances, countering the notion that Canada had transferred even a single prisoner to Afghan custody with the knowledge that the prisoner would be tortured.

Finally (6, 7 December 2009) the Globe and Mail⁶ uncovered sworn testimony⁷(PDF) from senior officers that went against Peter MacKay’s assertions. The testimony comes from the legal action of Amnesty International and the B.C. Civil Liberties Association. For example,

“There was one incident in which the CF took custody of detainee who had ” been turned’ over to the local ANP by the CF In “this case, the CF “learned that the detainee had been beaten by the local ANP. When they learned of this, they approached “the local ANP and reqested that the detainee be given to them. “The ANP complied. and the” “CF  subsequently transferred the detainee to the Provincial ANP.”

And that wasn’t the only instance reported. Will the Conservatives simply cycle through another minister and delay action once again, continuing to allow Canada to break the Geneva Convention?