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National Defence committee The first question that I'll deal with is the death penalty. Our arrangement with Afghanistan does preclude the death penalty being applied to any detainee we transfer.
December 11th, 2006Committee meeting
Michael Byers
National Defence committee Yes, and this is one of the reasons why I would like us to be considering this to be a treaty. If we consider this to be a treaty, then they are legally bound not to apply the death penalty. If it's simply a code of conduct, then they are not legally bound to refuse to apply the
December 11th, 2006Committee meeting
Michael Byers
National Defence committee Mr. Neve is a better spokesman on this issue because Amnesty International tracks very closely the records of different countries. Afghanistan is in a part of the world where there are a number of countries with serious human rights records. Mr. Neve has mentioned the recent prob
December 11th, 2006Committee meeting
Michael Byers
National Defence committee On the first question, there are some unusual aspects to this situation. Yes, it was unusual for the Chief of Defence Staff to sign an arrangement like this. It should have been done by the ambassador to Afghanistan. It doesn't mean that it's fatally flawed, but it is unusual.
December 11th, 2006Committee meeting
Michael Byers
National Defence committee With all respect, Ms. Black, the current government has only been in power for ten months. This was entered into by the previous government, and I'm hopeful that the current government will realize that some improvements are needed to a job that was done by another government. I
December 11th, 2006Committee meeting
Michael Byers
National Defence committee They could be a number of different things. They could be terrorists. They could be insurgents. They could be common criminals. They are detained on the battlefield or in the proximity of the battlefield, and that's perfectly appropriate. It's also perfectly appropriate, in accor
December 11th, 2006Committee meeting
Michael Byers
National Defence committee I take the view that my suggestions are so patently reasonable that you should send a letter now.
December 11th, 2006Committee meeting
Michael Byers
National Defence committee The ICRC's policy of discretion is what makes the ICRC so effective. It gets access, even from the most repressive of regimes, because those regimes know that the ICRC will not turn around and tell other people what's going on. The discretion and the confidentiality is why the IC
December 11th, 2006Committee meeting
Michael Byers
National Defence committee It would be a concern regardless of the degree of our implication. But given that we are detaining people and transferring them under an inadequate agreement, I do feel some urgency in pleading with the committee to recommend a renegotiation of this agreement to match the terms o
December 11th, 2006Committee meeting
Michael Byers
National Defence committee As far as I know, they do not have a detention capacity that's any better than what the Canadians have. In fact, they're probably using the same detention capacity at Kandahar airfield. But they do have a stronger agreement that ensures that any detainees they transfer can be fol
December 11th, 2006Committee meeting
Michael Byers
National Defence committee That is exactly it. I fully support the development of indigenous Afghan governmental capacity. In fact, by holding the Afghan authorities to the highest standards, liaising with them and following up, we're actually helping them to build up to meet our expectations. The other t
December 11th, 2006Committee meeting
Michael Byers
National Defence committee Mr. Chairman, committee members, thank you for inviting me to speak with you on the matter of the Canada–Afghanistan arrangement for the transfer of detainees. My remarks today focus on the arrangement's effectiveness in guarding against the possibility of torture. I've worked o
December 11th, 2006Committee meeting
Michael Byers