By; David Pugliese, The Ottawa Citizen
CANADIAN MILITARY POLICE LACKED OVERSIGHT: DOCUMENTS
A human rights lawyer previously involved in the Afghan detainee case says newly released Defence Department documents obtained by the Citizen’s David Pugliese show the Canadian military is acknowledging something went seriously wrong in the Kandahar detention centre.
Canadian military police accused of terrorizing Afghan prisoners in their cells at Kandahar Airfield operated without oversight and lacked guidance, according to newly released Defence Department documents obtained by the Citizen.
The documents shed new light on allegations made last year by some military police officers who say Afghan detainees were abused in their cells in Kandahar during surprise raids by guards in 2010 and 2011.
The documents acknowledge the raids happened and suggest the situation was out of control.
Paul Champ, a human rights lawyer previously involved in the Afghan detainee issue, said the documents show the Canadian military is acknowledging something went seriously wrong in the Kandahar detention centre.
“I’m surprised the military didn’t take their investigation further and levy at least charges of misconduct,” said Champ, an Ottawa lawyer.
“Even if the actions didn’t meet some level of criminal threshold, although I would argue they do, it certainly would breach a code of conduct if these police officers weren’t properly trained or provided with oversight.”
Champ said there was no reason for military police to go into the cells on what they claimed was a training mission.
“It seems clear the purpose was to instil fear, to cause terror in these prisoners,” Champ said. “In my view that is a breach of humanitarian law.”
The issue of how Canadian military personnel treated Afghan detainees recently re-emerged on the political scene. Last week the Liberals rejected a request for a public inquiry even though they supported such an investigation while in opposition.
Canadian military police officers have also recently come forward to raise concerns that many Afghans taken prisoner by Canadian troops were innocent farmers or workers and not members of the Taliban or al-Qaida.
Last year, La Presse newspaper reported that Canadian military police conducted the surprise raids on detainees in their cells, roughing up prisoners in the process. The aim was to create a climate of high tension, which in turn could prompt detainees to provide information.
But the tactics terrorized the prisoners so much that some urinated or defecated during the raids, La Press reported. The Conservative government responded to the article by announcing that the Canadian Forces National Investigation Service had looked into the matter, but concluded no charges should be laid against their fellow police officers.
But behind the scenes, the La Presse article sent staff at National Defence headquarters in Ottawa scrambling, according to documents obtained by the Citizen under the Access to Information law.
Military police debated whether they should provide a copy of the 200-page investigation about the cell raids to the Conservative government. Information prepared for the Conservatives contained further details about how military police conducted themselves during such operations, which were supposed to provide training for officers.
“The investigation revealed that participants in the dynamic entry training lacked guidance and oversight required to carry out the work, and some had expressed frustration with the situation,” the Defence documents noted.
But military police later recommended that information be removed from the material sent to the Conservatives and in the Commons, James Bezan, parliamentary secretary of the Minister of Defence, instead recited the lines that the alleged actions were investigated and did not warrant any charges.
In November 2015, the Military Police Complaints Commission or MPCC launched an investigation into the incident. That decision was made after a complaint from an anonymous military police officer in which it was alleged that police conducted the exercises to terrorize detainees and in one instance entered the cells and manhandled prisoners. The officer also complained about the investigation into the incident and the fact that no charges were laid or court martial convened.
The MPCC interviewed a number of individuals aware of the raids and confirmed that several detainees were so scared they defecated and urinated on the spot during one such foray into the cells.
A day after launching its investigation, the complaints commission requested the documents relating to the police probe. But the Canadian Forces delayed release of that material for seven months.
It was finally received on June 10, MPCC spokesman Michael Tansey confirmed Monday.
“The MPCC has just received the documents and other material received and is reviewing them to determine if additional materials are required,” he said.
The documents shed new light on allegations made last year by some military police officers who say Afghan detainees were abused in their cells in Kandahar during surprise raids by guards in 2010 and 2011.
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| Canadian soldiers lead Afghan detainees from a residential compound in southwest Kabul following a raid in 2004. (CANADIAN ARMED FORCES FILE PHOTO) |
The documents acknowledge the raids happened and suggest the situation was out of control.
Paul Champ, a human rights lawyer previously involved in the Afghan detainee issue, said the documents show the Canadian military is acknowledging something went seriously wrong in the Kandahar detention centre.
“I’m surprised the military didn’t take their investigation further and levy at least charges of misconduct,” said Champ, an Ottawa lawyer.
“Even if the actions didn’t meet some level of criminal threshold, although I would argue they do, it certainly would breach a code of conduct if these police officers weren’t properly trained or provided with oversight.”
Champ said there was no reason for military police to go into the cells on what they claimed was a training mission.
“It seems clear the purpose was to instil fear, to cause terror in these prisoners,” Champ said. “In my view that is a breach of humanitarian law.”
The issue of how Canadian military personnel treated Afghan detainees recently re-emerged on the political scene. Last week the Liberals rejected a request for a public inquiry even though they supported such an investigation while in opposition.
Canadian military police officers have also recently come forward to raise concerns that many Afghans taken prisoner by Canadian troops were innocent farmers or workers and not members of the Taliban or al-Qaida.
Last year, La Presse newspaper reported that Canadian military police conducted the surprise raids on detainees in their cells, roughing up prisoners in the process. The aim was to create a climate of high tension, which in turn could prompt detainees to provide information.
But the tactics terrorized the prisoners so much that some urinated or defecated during the raids, La Press reported. The Conservative government responded to the article by announcing that the Canadian Forces National Investigation Service had looked into the matter, but concluded no charges should be laid against their fellow police officers.
But behind the scenes, the La Presse article sent staff at National Defence headquarters in Ottawa scrambling, according to documents obtained by the Citizen under the Access to Information law.
Military police debated whether they should provide a copy of the 200-page investigation about the cell raids to the Conservative government. Information prepared for the Conservatives contained further details about how military police conducted themselves during such operations, which were supposed to provide training for officers.
“The investigation revealed that participants in the dynamic entry training lacked guidance and oversight required to carry out the work, and some had expressed frustration with the situation,” the Defence documents noted.
But military police later recommended that information be removed from the material sent to the Conservatives and in the Commons, James Bezan, parliamentary secretary of the Minister of Defence, instead recited the lines that the alleged actions were investigated and did not warrant any charges.
In November 2015, the Military Police Complaints Commission or MPCC launched an investigation into the incident. That decision was made after a complaint from an anonymous military police officer in which it was alleged that police conducted the exercises to terrorize detainees and in one instance entered the cells and manhandled prisoners. The officer also complained about the investigation into the incident and the fact that no charges were laid or court martial convened.
The MPCC interviewed a number of individuals aware of the raids and confirmed that several detainees were so scared they defecated and urinated on the spot during one such foray into the cells.
A day after launching its investigation, the complaints commission requested the documents relating to the police probe. But the Canadian Forces delayed release of that material for seven months.
It was finally received on June 10, MPCC spokesman Michael Tansey confirmed Monday.
“The MPCC has just received the documents and other material received and is reviewing them to determine if additional materials are required,” he said.
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