I think that is a very serious concern, and I think that's one big question that remains unanswered. Are the Canadian Forces receiving intelligence back from NDS interrogations and are they inquiring to satisfy themselves that it wasn't the product of torture? I think that's a very serious issue. It would breach Canada's obligations under the Convention Against Torture.
I will go back to one of Mr. Dechert's good questions about whether the circumstances change in an armed conflict or a theatre of war. The prohibition against torture is a non-derogable duty. So when you have international human rights law and international humanitarian law going on top of each other, there are some cases where international humanitarian law would supersede some of the more strict requirements of international human rights law. That would not be the case with respect to relying on evidence obtained from torture. We would be very concerned if that is the case.
Based on a lot of the documents I've seen, I'm not sure if the Canadian Forces would ask the question. From many of the reports we've seen, it seems in many cases the Canadian Forces have taken the view that the human rights of detainees is a Department of Foreign Affairs issue, and we're not worried or concerned with that. I think that's something we've seen in other cases, for example, with CSIS acting abroad, saying or taking the view that whether someone was tortured in providing that information, that's not our concern or we don't have to inquire into that. But that is a very serious concern.