Mr. Speaker, Canada is in Afghanistan to assist the democratically elected government. This includes helping it improve its justice and security system as well as its detention system.
In keeping with this, the Government of Canada supports the principle that the Afghan authority should be responsible for handling detainees captured in its sovereign territory. Canada's policy to transfer detainees captured in Afghanistan to Afghan authorities is consistent with this principle.
It is Canadian policy to treat all detainees in accordance with the standards set out in the third Geneva convention, regardless of their status.
The protection of human rights is a central value to all Canadians and our government's commitment is to ensure it is upheld no matter where our forces serve.
In December 2005 Canada and the government of Afghanistan signed an arrangement which sets out general policy on the treatment and transfer of detainees, as well as notification procedures.
Specifically, the arrangement provides that the Afghan authorities will accept detainees who have been detained by the Canadian Forces and will be responsible for maintaining and safeguarding them.
Canada and Afghanistan will treat detainees in accordance with the standards set out in the third Geneva convention which provides for humane treatment as well as protection against violence, intimidation, reprisals and other unlawful acts.
Afghanistan and Canada will notify the International Committee of the Red Cross through appropriate national channels upon transferring a detainee.
The International Committee of the Red Cross has the right to visit detainees at any time while they are in the custody of the Canadian Forces or Afghanistan.
Once detainees are transferred to them, the Afghan authorities are responsible for maintaining and safeguarding detainees transferred to them and for ensuring the detainees are provided the protections of the humane treatment standards set out in the third Geneva convention. We fully expect the government of Afghanistan to live up to these expectations.
After being made aware of the allegations of abuse, the Canadian Forces launched a criminal investigation and a board of inquiry. Since then, two other investigations by the Military Police Complaints Commission have been opened. Therefore, there are three investigations and one inquiry into the treatment of detainees in Afghanistan ongoing at this time.
Of the three investigations, one is an independent police investigation being conducted by the National Investigation Service, and two investigations are being conducted by the Military Police Complaints Commission, an independent oversight body. There is also an internal Canadian Forces board of inquiry. In addition, the matter is before the federal court.
The investigations and the inquiry are progressing. The Department of National Defence and Canadian Forces are fully cooperating with those conducting these investigations.
Consistent with Canadian law, the results of these investigations and the inquiry will be made public when they are complete.
In addition to the December 2005 arrangement, which recognizes the legitimate role of the Afghan Independent Human Rights Commission, in February 2007 this government formalized the relationship between Canada and the commission with regard to the transfer and monitoring of detainees.
Under this latter arrangement with the commission, the Canadian Forces notify the commission of any detainee transfers, and the commission undertakes to provide immediate notice to Canada should it learn that a transferred detainee has been mistreated.