My voice is heard.

[CanuckAmok]

This is to confirm that the Minister of National Defence has received your recent e-mail.

Minister's Correspondence Unit
National Defence Headquarters



-----Original Message-----
XXXXXXXXXXX
Sent: Tuesday, May 02, 2006 3:43 PM
To: +XXXXXXXXX
Subject: FW: Afghan Detainees
Importance: High



-----Original Message-----
From: XXXXXXXXXXXXX
Sent: XXXXXXXXXXXXX
To: +XXXXXXXXXXXXXX
Subject: From a concerned Canadian


Dear Deputy Minister.

I commend our government for signing the "Arrangement for the Transfer of Detainees Between the Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan". This step is one more in a series of initiatives Canada has made to help stabilise that troubled region.

I understand that, as one would expect, the rules of the Third Geneva Convention will apply to this agreement.

I also understand that, as per paragraph three:

"The Afghan authorities will accept (as Accepting Power) detainees who have been detained by the Canadian Forces (the Transferring Power) and will be responsible for maintaining and safeguarding detainees, and for ensuring the protections provided in Paragraph 3 above, to all such detainees whose custody has been transferred to them."

However, the clause stated in paragraph eight seems to contradict paragraph three, and indeed the spirit of the entire agreement. It states:

"A Detaining Power, can be either a Transferring or Accepting Power, and will be a Power which detains the detainee for any period of time beyond that reasonably required between initial capture and transfer. The Detaining Power will be responsible for classification of detainee's legal status under international law. Should any doubt exist whether a detainee may be a Prisoner of War, the detainee will be treated humanely, at all times and under all circumstances, in a manner consistent with the rights and protections of the Third Geneva Convention, even if subsequently transferred to the custody of an Accepting Power."

It appears to me that Canadian troops cannot ensure the safe treatment of detainees who are not in their custody. By delivering detainees to another "Accepting Power", we may very well be handing them over to a nation whose forces may or may not conform to the Third Geneva Convention. This has already been proven to be the case with the United States, whose govermnent tacitly supports of torture and other illegal activities being performed on detainees.

As a nation who strictly and proudly endorses the Third Geneva Convention, we cannot in good conscience agree to a treaty which requires us to deliver detainees to any organisation or government who may bring them harm before being tried in an internationally recognised tribunal.

Furthermore, as you are no doubt aware, Canadian law strictly prohibits the extradition of anyone to the jurisdiction of any nation which may apply capital punishment to the accused.

As I understand our government's policies, in both in civilian and military law, we are bound to protect detainees in our custody from being tortured or executed for any reason by a third party.

I would like you to please explain how our military can guarantee the safety of detainees we have turned over to a third party, and what safeguards are in place to ensure these detainees are treated in a humane and internationally accepted manner.

Yours truly,
(CanuckAmok)

[Fenris]

1. You should have told him you are a veteran.

;)

[CanuckAmok]

2. I also should have told him to kiss my butt.

But I didn't do that either.


You can kiss my butt, too. Just because.