Canadian Afghan Detainee Issue - Background

Background

Canada's military involvement in Afghanistan began in 2002 with the International Security Assistance Force (ISAF), a coalition of soldiers from 42 countries, which was tasked as a counterinsurgency effort in response to the September 11 attacks. ISAF had initially been established as a stabilization force by the United Nations Security Council on 20 December 2001, to secure Kabul. The Canadian Liberal government at the time, under Prime Minister Jean Chrétien, chose to have the Canadian Forces (CF) hand over its prisoners to the United States, who led the fight against al-Qaeda and other insurgents. After NATO took command of Afghanistan in 2003, Abu Ghraib torture and prisoner abuse at the hands of the United States armed forces in Iraq came to the attention of the public, and Canada soon faced pressure to hand their prisoners to someone else. Canada entered into an agreement with the Afghan government and started transferring detainees to Afghan security forces, which comprised the Afghan National Army (ANA) and the Afghan National Directorate of Security (NDS).

On 18 December 2005, then-Chief of Defence Staff Rick Hillier signed an agreement between Canada's Department of National Defence and the Government of Afghanistan. The agreement did not include any explicit right of access by Canada to Afghan detainees. Members of the opposition requested then-Minister of National Defence Gordon O'Connor to renegotiate the prisoner transfer agreement. This request was dismissed, with O'Connor saying the International Committee of the Red Cross and the Red Crescent fulfilled the duty of ensuring fair treatment of detainees and Canada could be notified and take action in any cases of abuse. However, the Red Cross stated that their mandate was being misunderstood, and it was the responsibility of Canada. It maintained that it had no role in monitoring the Canada-Afghanistan detainee-transfer agreement, and that following long-established operating procedure, the Red Cross would not reveal to any foreign government any abuses it might find in Afghan prisons. While maintaining that detainee monitoring was the Red Cross' duty until March 2007, O'Connor apologized to the House of Commons for previously misleading them on the issue. In turn, a new agreement was reached in April 2007 that allowed Canadian officials to have access to Kandahar jails.