Watchdog rejects government bid to delay Afghan detainee inquiry
Last Updated: Thursday, March 26, 2009 | 7:21 PM ET
CBC News
The watchdog responsible for overseeing military police has rejected the federal government's call to delay independent public hearings into the Canadian transfer of prisoners to Afghan authorities.
The Military Police Complaints Commission said in a decision released Thursday that it's important the hearings proceed quickly, given the seriousness of the allegations.
"In light of the importance of the allegations raised ... I find that it is of significant public interest that the hearings into this matter should proceed to ensure a fair, transparent and expeditious hearing in this case," commission chairman Peter Tinsley wrote.
The probe seeks to address whether Canadian soldiers were ordered to transfer prisoners to Afghan security, despite knowing the detainees would likely be tortured, a move that would be considered a war crime under the Geneva Conventions.
Tinsley ordered the hearings last spring, saying it was the only way to ensure a full investigation of the allegations. The hearings could take place in the next couple of months, unless the government succeeds in its court bid to delay or junk the probe altogether.
Government changed tone on hearings
The government initially promised co-operation but has repeatedly moved to delay the hearings. In October, government lawyers asked the Federal Court to stop the hearings, and asked the commission to await a ruling.
The lawyers argued at the time that the commission can only investigate complaints of specific instances of torture, and not all prisoners who were at risk of being tortured.
The government has issued twice argued before the Federal Court that it should stop the public hearings — first in April 2008, and again in September.
The lead lawyer for the commission, Freya Kristjanson, conceded the federal government could still try to get the courts to stop the proceedings, but said the commission believed it was important to go ahead.
"There are allegations that members of the military police transferred detainees to the risk of torture," Kristjanson said Thursday.
"The military police are the front-lines policing mechanism in the Canadian Forces, so compliance with law obviously is something of importance."
Hearings initially private
The controversy began in February 2007, when the commission received a complaint from Amnesty International and the British Columbia Civil Liberties Union accusing the federal government of authorizing the transfer of prisoners despite knowing they could be tortured on at least 18 occasions.
Tinsley initially ordered private hearings into the matter, but later opted to make the hearings public, citing a lack of co-operation from the government.
Tinsley said the government was refusing to provide the commission with full access to relevant documents and information, and that a public inquiry was needed because it would give him subpoena power to get the documents.
Last September, the commission expanded the scope of the investigation beyond the 18 alleged cases of abuse.
After briefly stopping the transfer of prisoners in November 2007, the government resumed prisoner transfers last February, saying it was satisfied conditions in Afghan prisons had improved sufficiently.
With files from the Canadian PressShare Tools
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