Thank you very much, Mr. Chairman.
Honourable members of the committee, perhaps I could begin by echoing the sentiments expressed by Ms. Swords. Thank you for the opportunity to be here today to discuss Canada's approach to detainee issues in Afghanistan. It's a great privilege.
I'd like to introduce Colonel Bert Herfst, who is the Deputy Judge Advocate General Operations. He'll be able to provide the Canadian Forces legal background to our detainee policy on deployed operations, including those specifically in Afghanistan.
My colleague, Ms. Swords, has laid out the principles and specific provisions of our detainee arrangement with the Government of Afghanistan in some detail, including the essential roles of the International Committee of the Red Cross and the Afghan Independent Human Rights Commission. She has also touched on the important question of supporting the Afghan authorities in strengthening their detention and correctional system. With your permission, I would like to describe how the Canadian Forces on the ground are implementing the arrangement.
Before I get into the details of our detainee policy with respect to Afghanistan, perhaps I could provide some background on our detention policy writ large under national operations.
First and foremost, let me stress that the Canadian Forces conduct all of their international operations in accordance with applicable Canadian and international law. As a matter of policy, they are to treat all detained persons humanely, in accordance with the standards of treatment and care set out by the Third Geneva Convention, relative to the treatment of prisoners of war.
Moreover, our military personnel are specially trained to carry out this policy. I'm aware that the committee recently visited Canadian Forces bases in Edmonton and Petawawa. You were no doubt informed during these visits that all Canadian Forces personnel deployed on international operations are provided with pre-deployment briefings and training. This process includes training specifically designed to ensure that deployed personnel understand prisoner of war status, the treatment of prisoners of war, and detainees.
I should also point out that the Judge Advocate General offers a course entitled, “The Law of Armed Conflict”. The purpose of this is to educate Canadian Forces members about the laws and treaties to be followed when taking part in international military operations, including the proper treatment and care of sick and/or wounded civilians, detainees, and prisoners.
The JAG has also produced a publication entitled, Code of Conduct for CF Personnel, which is used for unit-level instruction on the basic laws of armed conflict, including detainee standards of treatment.
If I could, Mr. Chairman, let me now turn specifically to Afghanistan.
As everybody in this room knows, our mission in Afghanistan is extremely complex and covers a wide range of military operations, including armed conflict. But whatever the specific operational circumstances in which the Canadian Forces might find themselves in theatre in Afghanistan, they are to apply the standards of international humanitarian law, including those found in the Geneva Convention—and at all times.
As Mr. Swords has explained, it is Canada's intent, under our arrangement with the Afghan government, to transfer persons detained by the Canadian Forces to the Afghan authorities. Our detainee arrangement applies to all Canadian Forces in Afghanistan, regardless of the command structure in which they are operating—in other words, whether our personnel are operating under national command; under ISAF, NATO's International Security Assistance Force; or under the U.S.-led operation, Enduring Freedom.
The Canadian Forces conduct virtually all of their operations jointly with Afghan national security forces. The preferred approach is for the Afghan authorities themselves to carry out all aspects of detention, if possible. After all, they have the lead responsibility for law enforcement in their own country. If, however, Canadian Forces personnel capture an individual, they are authorized, both nationally and in accordance with ISAF's operational procedures, to temporarily hold that person, prior to transferring him or her to Afghan authorities at the earliest possible opportunities.
The Canadian Forces compound at the Kandahar airfield has a small transfer facility for captured individuals prior to the transfer to the Afghan authorities, although it should be noted that transfers also take place in the field.
In accordance with Canadian Forces doctrine, designated, specially-trained Canadian military personnel may conduct initial questioning and screening of persons under our custody to obtain information of immediate tactical value.
Questioning is conducted through the use of Canadian Forces-authorized questioning and interview techniques, and is in complete accordance with Canadian law as well as with all relevant international laws and conventions, including the Third Geneva Convention. Initial screening is also conducted to determine if captured persons should be released or detained, to obtain details for our own records, and to notify the ICRC, ISAF, and the Afghan Independent Human Rights Commission.
When an individual in Canadian custody is transferred to the Afghan national security forces, information concerning that person—for example, name, age, sex, physical condition—is relayed from Canadian Forces in theatre, through National Defence Headquarters here in Ottawa, to the Canadian permanent mission in Geneva, which in turn advises the protection service of the International Committee of the Red Cross through a diplomatic note.
Similar information is passed locally, as Ms. Swords pointed out, to ISAF and the Afghan Independent Human Rights Commission. This information is treated confidentially.
The Canadian Forces may delay the transfer of individuals to local Afghan authorities at the place of capture if there is reason to believe the detainees might be mistreated. In such circumstances, they would not conduct the transfer until contact was made with Afghan authorities in whom we have total confidence.
The committee may recall a publicized incident this past spring when Canadian soldiers detained two suspected insurgents during a cordon and search operation. The Canadians had reason to question the intentions of the local Afghan authorities in that particular area. They therefore transported the individuals to Kandahar and transferred them to trusted interlocutors of the Afghan national security forces.
Everything I've talked about up to this point has one common theme. That is that all individuals detained by Canadian Forces personnel in Afghanistan are treated humanely in accordance with the standards of the Geneva conventions to ensure their safety and welfare respecting their health, customs, and their religious tenets.
For example, if an individual were wounded when captured, he or she would be provided medical care in accordance with Canadian Forces standards. The individual would not be transferred until Canadian medical officers were confident that recovery would not be put at risk in any way, shape, or form.
If Canadian Forces personnel were to detain a female—this has not happened yet—every effort would be made to ensure treatment in accordance with applicable religious and cultural practices, to the extent that this is operationally feasible. Specifically, female detainees would be segregated from male detainees; female Canadian Forces personnel would be employed to guard them; and male personnel would not be permitted in the female detainee holding area unless escorted by a female guard.
Let me offer one final issue that is often raised in the context of detainees. I'm referring to the details surrounding individual detainee cases. Because of operational requirements and taking into account section 51 of the Access to Information Act dealing with military operations, information regarding numbers of detainees transferred, the current status of detainees apprehended by Canadian Forces in Afghanistan, and the identity of the specific authorities to which these individuals were transferred is not releasable to the public.
Let me close by reiterating some of the key principles that underpin our detention policy on deployed operations globally and in Afghanistan specifically. Ms. Sword has touched on many of them, but they really do bear repeating.
The Canadian Forces conduct all their operations, including in Afghanistan, in accordance with applicable international and domestic law.
The Canadian Forces treat all detained persons, in Afghanistan and around the world, humanely, in accordance with the standards of treatment and care set out by the Third Geneva Convention relative to the treatment of prisoners of war.
All Canadian Forces personnel deployed on international operations including in Afghanistan, are provided with pre-deployment briefings and training to ensure they understand prisoner of war status and the treatment of prisoners of war and detainees.
The Government of Canada supports the principle that Afghan authorities should have the responsibility for handling detainees captured in their sovereign territory.
The development and implementation of Canada's detention policy in Afghanistan is an interdepartmental responsibility. National Defence officials work closely with our colleagues in Foreign Affairs, Correctional Services, and other departments and agencies across government to ensure that this policy is applied properly and effectively.
With that, Mr. Chair, I'll conclude. I'd be delighted to answer any questions you may have with respect to National Defence's role in carrying out our detainee policy in Afghanistan.
Merci beaucoup.