Canadian Armed Forces Halt Prisoner Transfer in Afghanistan

by Rob Walker | January 25, 2008 at 10:50 am

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Despite the warning from Brig.-Gen. Deschamps of 'dire consequences' if the transfer of prisoners to foreign countries were halted, government lawyers stated there had been no prisoner transfers for over two months.

Which is right around the time reports of prisoners who were handed over being tortured by Afghan forces started to surface.

Trust the generals, a Federal Court was told yesterday by government lawyers fighting groups that seek an injunction against transfers of detainees to Afghan security forces.

"The Canadian Forces has the discretion to make the decision" about prisoner transfers and "the commander in Afghanistan is the best placed" to decide, J. Sanderson Graham, a Justice Department lawyer, argued yesterday in Federal Court.

Mr. Graham, like Brigadier-General André Deschamps, who testified yesterday, said that the military high command in Ottawa was informed, but played no role in the decision to halt prisoner transfers.

Prime Minister Stephen Harper has vigorously defended the government's policy of prisoner transfers, even labelling as Taliban sympathizers those who suggest that turning prisoners over to Afghan security forces exposes them to the risk of torture.

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Brig.-Gen. Deschamps had previously warned of dire consequences,
perhaps even a spike in casualties, if an injunction banning transfers
were issued.

Judge Mactavish said: "I am having trouble reconciling" the sworn
claims by the general of damaging consequences to the mission should
transfers be banned with the belated admission by government lawyers
that transfers had been suspended for the past 10 weeks.

This comes on the heels of an announcement yesterday by U.S. Defence Secretary Robert Gates that the 3,200 marines heading for southern Afghanistan won't provide Canadian forces stationed there with the troop support recommended by the Manley report.

The marines, slated to stay for seven months following their spring departure, will be on a one-time assignment, Gates said during a Pentagon press briefing.

He said he will be putting pressure on NATO to provide more troops to
bolster coalition war efforts in Afghanistan's turbulent south.

"No, it's a one time plus-up, this 3,200 marines that we're sending
over there, but I have started a dialogue with my NATO colleagues about
falling in behind the marines when the marines come out, for others to
go in and take on some of the responsibilities that they will have
carried out," Gates said.