Canada Complicit in TORTURE: Volume 2

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remind remind's picture
Canada Complicit in TORTURE: Volume 2

continued from here

 

NorthReport

Is there a single solitary Canadian anywhere in Canada that expected anything different from Hillier today. What a windbag. Kinda reminds me of that right-wing clown on US talk radio, Rush Limbaugh.  It's a very sad day for Canada that this calibre of person has taken over our military forces, And that's why we should abolish our military. As if we are doing anything worthwhile anywhere militarily speaking. Jerks, all of them. 

Fidel

If our stoogeocrats will cooperate with Warshington to torture Afghans, would they nod up and down in rapid agreement to torturing Canadians, too? Is this what they really think of ordinary people in general?

Policywonk

Fidel wrote:

If our stoogeocrats will cooperate with Warshington to torture Afghans, would they nod up and down in rapid agreement to torturing Canadians, too? Is this what they really think of ordinary people in general?

Of course. Can't you think of a few prominent cases?

 

Policywonk

NorthReport wrote:

Is there a single solitary Canadian anywhere in Canada that expected anything different from Hillier today. What a windbag. Kinda reminds me of that right-wing clown on US talk radio, Rush Limbaugh.  It's a very sad day for Canada that this calibre of person has taken over our military forces, And that's why we should abolish our military. As if we are doing anything worthwhile anywhere militarily speaking. Jerks, all of them. 

Actually, he's retired. Still doesn't change the fact that there are serious allegations not of only torture but that the government did not do what was required to ensure that prisoners handed over to the Afghans were not mistreated. This includes the Liberals.

 

Fidel

Absolutely. Arar and Khadr for starters. So, yes they have already gone right along with torture of Canadians, from Ewen Cameron's contract job for the CIA to the phony war on terror. Aye-aye, uncle Sam!

ReeferMadness

It's looking more like the cover-up might be successful.  Colvin has been banned from sharing his documents with parliament.

Quote:
Justice Department lawyers have told Colvin - through the Foreign Affairs Department - that they do not accept the view that testimony before Parliament is exempt from national security provisions of the Canada Evidence Act.

As a result, Colvin's lawyer has written to the committee advising that Colvin won't be able to provide documents to Parliament as he was instructed to do last week.

National security - what damned bullshit!!  More like Conservative rule security.

There must be a way of getting at the truth.  According to this, Colvin is the only one of twenty-two diplomats subpoenaed by the MPCC to testify.  Obvisously, the government, Hillier and David Mulroney are trying to make it rough enough on him that nobody else will be tempted to change their minds.  

Colvin claimed that the Red Cross was complaining about lack of access.  Should we expect corroboration from the ICRC?  Apparently not.

I think the only way we'd get to the truth is if someone had the guts to launch a criminal investigation and people had to testify under oath.

 

N.Beltov N.Beltov's picture

Perhaps Hillier, like Hermann Göring before him, is looking for a Ministerial post in the new regime.

N.Beltov N.Beltov's picture

The last sentence should be corrected to read as follows:

unionist wrote:
These "disloyal" widows are probably in league with that "traitor" Colvin.

 

mmphosis

I found Craig Murray, and the title of one of his blogs is Torturing Ordinary People.

Frmrsldr

Policywonk wrote:

NorthReport wrote:

Is there a single solitary Canadian anywhere in Canada that expected anything different from Hillier today. What a windbag. Kinda reminds me of that right-wing clown on US talk radio, Rush Limbaugh.  It's a very sad day for Canada that this calibre of person has taken over our military forces, And that's why we should abolish our military. As if we are doing anything worthwhile anywhere militarily speaking. Jerks, all of them. 

Actually, he's retired. Still doesn't change the fact that there are serious allegations not of only torture but that the government did not do what was required to ensure that prisoners handed over to the Afghans were not mistreated. This includes the Liberals.

Remember, that former Gen. Rick Hillier signed the Afghan detainee handover agreement without the safeguard and monitoring provisions with the Karzai government in 2005 during the last days of the Martin and the first days (and beyond) of the Harper administrations.

During the time of the Liberals, detainees were handed over to the Americans at the Bagram, Afghanistan prison - where the same questions of prisoner torture and abuse can be raised. See the DVD documentary "Taxi to the Dark Side".

Also search the name Rashid Dostum and the war crime surrounding the treatment Taliban prisoners received during a transfer to U.S. forces with possible CIA knowledge and participation.

Frmrsldr

ReeferMadness wrote:

It's looking more like the cover-up might be successful.  Colvin has been banned from sharing his documents with parliament.

Quote:
Justice Department lawyers have told Colvin - through the Foreign Affairs Department - that they do not accept the view that testimony before Parliament is exempt from national security provisions of the Canada Evidence Act.

As a result, Colvin's lawyer has written to the committee advising that Colvin won't be able to provide documents to Parliament as he was instructed to do last week.

National security - what damned bullshit!!  More like Conservative rule security.

There must be a way of getting at the truth.  According to this, Colvin is the only one of twenty-two diplomats subpoenaed by the MPCC to testify.  Obvisously, the government, Hillier and David Mulroney are trying to make it rough enough on him that nobody else will be tempted to change their minds.  

Colvin claimed that the Red Cross was complaining about lack of access.  Should we expect corroboration from the ICRC?  Apparently not.

I think the only way we'd get to the truth is if someone had the guts to launch a criminal investigation and people had to testify under oath.

The Official Secrets Act isn't meant to protect secrets. It's meant to protect officials.

Not so long ago, the CBC was reporting how Richard Colvin and others who wished to testify before the Military Police Complaints Commission into this matter were intimidated by the Harper administration: The government threatened to take these people to court themselves, threatened to sue them, threatened to destroy their careers and threatened to destroy their reputations.

The case for the ICRC is not so bad. Go to the site you highlighted, under The ICRC's testimony policy in action, it says: "...'the ICRC need not testify'. In other words, the rule is that the ICRC may not be forced to testify, but the decision to do so (or not) is to be made by the ICRC itself, on a case-by-case basis."

A Canadian criminal investigation could be launched against the government.

Better still, would be for the U.N. to issue a warrant for Harper's, MacKay's and Hillier's (and whoever else's) arrest and for them to be tried at the World Court at the Hague for war crimes.

Fidel

So much for federal government transparency in the Northern Puerto Rico.

NDPP

Fidel wrote:

Absolutely. Arar and Khadr for starters. So, yes they have already gone right along with torture of Canadians, from Ewen Cameron's contract job for the CIA to the phony war on terror. Aye-aye, uncle Sam!

NDPP

Good. So the question is answered. They will. Now work forward from there...

 

 

 

 

Unionist

[url=http://www.cbc.ca/canada/story/2009/11/25/afghan-suspects-soldiers025.ht... in Canadian soldiers' deaths handed to Afghans[/color][/url]

Quote:

Sgt. Robert Short and Cpl. Robbie Beerenfenger were the first Canadians killed by hostile Afghans when a landmine blew up their vehicle late in 2003. [...]

The suspects weren't Taliban, but rather Afghan fighters who worked for a warlord named Gulbiddin Hekmatyar, a former U.S. ally. Within hours, Canadian troops arrested two of them. [...]

The Canadians had no prisons and no trained military interrogators, so the two suspects were turned over to the Afghan authorities. Once that happened, the Canadians lost track of them.

Meanwhile, in Canada, the widows of the dead soldiers weren't told much.

"He gave his life for his country and he backed the military, and I am so disappointed that they have not been straightforward with me … I am so disappointed in my country," said Susan Short.

Tina Beerenfenger, said she never got a straight answer from the military either. Surrendering the prisoners to the Afghans, she said, was "disgusting, appalling and incomprehensible."

These "disloyal" widows are probably in league with that "traitor" Colvin.

[edited in accordance with N.Beltov's kind suggestion]

thanks

I'm glad there's a thread on this here.  The Toronto Star had a good article yesterday in the paper written by Errol P. Mendes a professor of constitutional and international law at the University of Ottawa.  I wanted to comment on this article, but couldn't find it online and the current mainpage article on the issue didn't allow online comments.  Here are exerpts from Mendes' article:

"In the context of an international or non-international conflict, the transfer of detainees where there is a substantial risk of torture is a most serious war crime under the Geneva Conventions and the Canadian Crimes Against Humanity and War Crimes Act, which is part of the Criminal Code of Canada.  The act was also designed to implement the Rome Statute of the International Criminal Court , which codifies much of the Geneva Conventions provisions on war crimes and goes even further than them in certain areas...

"It is worth noting that the jurisprudence of international criminal tribunals reveals that actual knowledge can be gleaned not only from direct evidence, but also from circumstantial evidence, for example by the widespread nature, severity or notoriety of the alleged war crimes...

"The jurisprudence from the International Criminal Tribunal for the Former Yugoslavia and, most importantly, a recent decision from the International Criminal Court itself, has ruled that even if it is established that military and civilian commanders did not have actual knowledge, that is no defence to a charge of complicity in a war crime...

"..Canada has a legal duty under the Rome Statute and possibly under the Canadian Criminal Code to start a judicial inquiry."

The legal obligations outlined in the article are clear.  No claims of ignorance or word games around specific use/definition of 'torture', or attempts to hide evidence by Harper, Mackay, Hillier or other officials should be tolerated.

The matter is beyond the scope of a committee.

Residents of this country need to demand a fully public judicial inquiry.

THERE IS NO EXCUSE FOR WAR CRIMES !!!!!!

 

Unionist

thanks wrote:
I wanted to comment on this article, but couldn't find it online and the current mainpage article on the issue didn't allow online comments.

[url=http://www.thestar.com/comment/article/730337][color=red]Here's a link to your article.[/color][/url]

ReeferMadness

Is Barbara Yaffe auditioning for an appointment to the senate?

Quote:
It's also important to note the allegations do not relate to Canadian soldiers torturing Afghans, but rather Afghans torturing Afghans.

Moreover, any mistreatment would have occurred around the time Canadian soldiers in Afghanistan like Trevor Green were getting axed in the head or blown up by improvised explosive devices, and when schoolgirls were having acid thrown in their faces.

In other words, people generally understand that war is ugly and Afghan society is deeply troubled.

Besides, Canadian Forces at the time did not have at their disposal a better prison in Afghanistan to which to direct their prisoners. And, as the allegations became known, Ottawa contributed $132 million to upgrade prison facilities.

How else could you explain this shameful op-ed piece in which Yaffe offers excuse after excuse for Canada's shameful behaviour; without even mentioning that being complicit to torture is a war crime?

 

Unionist

Barbara Yaffe wrote:
It's also important to note the allegations do not relate to Canadian soldiers torturing Afghans, but rather Afghans torturing Afghans.

This sounds like some of the posts I've read on this board:

Quote:

Are Canadians tourturing Afghanistan people in a prison somewhere?

I thought this was about Canadians handing over prisoners who are tourture BY other Afghanistan people.  Wouldn't it make more sense to have that abu ghraib man picture on an Afghanistan flag?

Connection seems pretty lame.

Sad, eh?

 

Frustrated Mess Frustrated Mess's picture

This is to be expected from the likes of Yaffe and the right wing punditocracy. They say war is ugly and Canadians are at war so Canadians must be ugly. Suddenly the rule of law and civilized behaviour is no longer part of the mission. But the war has been going on since 2001, so has it ever been part of the mission? And if it was but no longer is, why are we still there bringing to Afghanistan the brutality and criminality they already know so well? And why are we spilling Canadian blood for the purpose?

Frmrsldr

If, as the neocons and war banshees shreik, the "Taliban" torture, abuse and murder their prisoners and that it is wrong to torture, abuse and murder prisoners, then it therefore follows that it is wrong for us to torture, abuse and murder prisoners or to allow our puppet Afghan government to do so.

Anyone remember (Canadian) Captain Semrau? You know, the one who summarily executed an insurgent who had clearly surrendered, with his gun laid down and his hands in the air? Bam Bam, two shots to the head.

remind remind's picture

From thanks' article that unionist linked to:

 

Quote:
The involvement of Canada and NATO allies in the conflict in Afghanistan has been regarded as a non-international conflict, but one still covered by the Geneva Conventions of 1949 and, in particular, Common Article 3, which prohibits torture or complicity in it. This prohibition is also emphasized in the Convention Against Torture, which also legally binds Canada.

Given these formidable legal prohibitions, domestic and international, against any form of complicity in torture and, in particular, transferring detainees to the substantial risk of torture, is a form of plausible deniability still possible?

Could this take the form of a defence minister and a chief of defence staff asserting that, for a period of one year, they had no credible evidence of Canadian-held detainees being transferred to torture or that they had not read credible reports from very senior officials in the field during that time?

These reports detailed not only the substantial risk of torture to transferred detainees, but based it on other credible sources from the UN, the U.S. state department, NATO allies, including their intelligence agencies, and the most credible international human rights organizations in the world.

The answer, therefore, to the legitimacy of the defence that the military and civilian command did not know the facts is emphatically in the negative.

It is worth noting that the jurisprudence of international criminal tribunals reveals that actual knowledge can be gleaned not only from direct evidence, but also from circumstantial evidence, for example by the widespread nature, severity or notoriety of the alleged war crimes.

The jurisprudence from the International Criminal Tribunal for the Former Yugoslavia and, most importantly, a recent decision from the International Criminal Court itself, has ruled that even if it is established that military and civilian commanders did not have actual knowledge, that is no defence to a charge of complicity in a war crime.

So Hillier's playing all patriarchial tough, and swearing during his testimony yesterday means diddley squat...other than him trying to blow smoke up our collective asses.

ReeferMadness

In some countries, there are consequences to covering up wrong doings.  Here we have retired soldiers lining up with self-serving testimony to cover their own asses.

skdadl

Unionist wrote:

Barbara Yaffe wrote:
It's also important to note the allegations do not relate to Canadian soldiers torturing Afghans, but rather Afghans torturing Afghans.

This sounds like some of the posts I've read on this board:

Quote:

Are Canadians tourturing Afghanistan people in a prison somewhere?

I thought this was about Canadians handing over prisoners who are tourture BY other Afghanistan people.  Wouldn't it make more sense to have that abu ghraib man picture on an Afghanistan flag?

Connection seems pretty lame.

 

Well, it puzzles me, and sort of bothers me, that the media (at least) and the public (I hope) have finally started to react to just one of the many stories of Canadian complicity we've been building up over the last decade.

 

CSIS agents and reps from DFAIT have been actively complicit in the torture of a number of Canadian citizens and residents. CSIS and federal lawyers have clearly knowingly used tainted testimony from witnesses subjected to torture against at least one of the people held on a security certificate, and probably more (and the courts are allowing them to get away with that if they just withdraw cases, which they are doing). They probably would have used Khadr's coerced testimony against Arar against him, as the Americans are still doing, except for Justice O'Connor. What kind of testimony were they using against Abdelrazik? (Abu Zubaydah would be a good guess.) What strange information is Border Services running on? And what about successive governments that have directed all this paranoid activity? The list could go on.

 

It puzzles me in the first place that the government would be stupid enough to let the detainee transfers go on long enough that incompetence finally did turn into complicity, since they have much worse cases of complicity still to answer for. I'm guessing that racism and xenophobia, mixed in with bureaucratic fear and indolence and political cynicism, explain how they got caught with a cover-up that needn't have been a crime in the first place. You listen to Hillier as he bellies up to the witness table, with all his cliches about the Taliban, and you just know that he not only did not care what happened to those caught in area sweeps but probably took some active joy in the thought.

 

But beyond that, it puzzles me that people will react to this story when they have not reacted to the plight of Arar's three fellow victims (see Iacobucci inquiry), whose misery continues, or to that of the refugee applicants held on security certificates, or even to Omar Khadr.

PraetorianFour

Frmrsldr wrote:

the "Taliban" torture, abuse and murder their prisoners and that it is wrong to torture, abuse and murder prisoners, then it therefore follows that it is wrong for us to torture, abuse and murder prisoners or to allow our puppet Afghan government to do so.


Totally agree. The minute the first soldier realised what was going on when we handed prisoners over we should have stopped and addressed the problem right then and there.

remind remind's picture

mimeguy wrote:
Whether the prisoners were guilty or innocent of anything is irrelevent.  As prisoners of war they are covered under the Geneva Conventions and subject to its protection.  Chain of command may be the right procedure at first but any subsequent order to continue turning prisoners over to Afghan authorities was an illegal order if soldiers knew that they were being executed or tortured.  This is the problem.  Do individual soldiers serving in Afghanistan at the time or today 'know' that prisoners were being tortured?  This goes to the nature of the complaints by individual soldiers which were sent up the command structure.  Will the inquiry here from those individual soldiers? 

Rape is a war crime.  Any Afghan soldier committing this offense is guilty of a war crime.  Any NATO soldier knowing or witnessing such a crime and does not report it is guilty of complicity. 

The USS Cole, Madrid, London, foreign embassies outside of Afghanistan, throwing acid in the face of girls and the abuse of women in general are not relevent and in fact 9/11 is no longer relevent in this specific case.  None of these prisoners were or have been charged with pariticipation in, planning or complicity in these past  or present crimes.  There is no evidence that Al Queda or those who consider themselves to be Taleban have any central command and are linked directly to any of these past events.  There is no clear distinction between a Taleban enemy soldier and a Taleban member of parliament, an 'insurgent' (whatever that is specifically) and an Afghan citizen legitimately fighting against a corrupt central Afghan government and NATO/ISAF members backing that government.  The Canadian and NATO allies continue to claim that the war has gone through several phases, missions etc. which is used to defend the original invasion and subsequent missions to restore government and order yet claim and work to continue the illusion that their opposition is one and the same from the beginning.  There is no difference in the abuse suffered by women by any of the warlord led clans or provinces in their control.  When it comes to the abuse of women, as we define this abuse for the purpose of continuing the war and occupation of Afghanistan, there simply is no good guy.  These are all the same emotional 'sales pitches' used by people like 'Eastwinds' above to either justify what is happening or deny any need for self-examination.  This is the same tactic used by Hillier and others in their testimony when they intentionally refuse to describe soldiers as soldiers but use the phrase "...killing our sons and daughters."  

The argument that the Afghan judicial system is in its infancy is a ludicrous excuse.  After almost ten years the Afghan authorities still need to be told that it is wrong to torture, be corrupt or deal in drugs?  The Afghan judicial system isn't going to change because there is no requirement for it to do so.  The argument that Canadian soldiers need to be seen handing over prisoners to the Afghan officials so that they can be 'seen' to do their job  is also ludicrous and has no credibility.  The Afghan officials don't deserve to be solely in charge until they prove they can be trusted.  Until that time the fate of soldiers, citizens or any others who are captured or dealt with by Canadian military and civilian personnel remains the the responsibility of the Canadian government.  This also creates the impression that there are no honest Afghans capable of taking on these civil society roles and this is a lie.  Corrupt people remain in positions of authority in Afghanistan either by design or lack of political will to change.

 

Thanks for this mimeguy, movd it over to the new thread though

Webgear

mimeguy, I think you are presenting a western view on an Afghan problem.

You are not seeing the issue from a Afghan perspective.

Note: I do think your post does have valid points.

George Victor

Graeme Smith, Globe correspondent who first blew the whistle on torture of detainees has just confirmed on CBCs As It Happens that the generals and their neo-con fronts are lying and ignorant (in some combination) and he supports Colvin absolutely. Not that I needed confirmation from Graeme, but knowing the guy is the original straight arrow, wraps it for me.

Frmrsldr

Webgear wrote:
mimeguy, I think you are presenting a western view on an Afghan problem. You are not seeing the issue from a Afghan perspective. Note: I do think your post does have valid points.

mimeguy wrote:
"... killing our sons and daughters."

Our sons and daughters are waging an illegal aggressive war and killing Afghan sons and daughters who are legitimately defending their country. What (if any) meaning does the War of 1812 have to these four star clowns?

canuquetoo

Quote:
KABUL, Afghanistan - Two Afghan teenagers held in U.S. detention north of Kabul this year said they were beaten by American guards, photographed naked, deprived of sleep and held in solitary confinement in concrete cells for at least two weeks while undergoing daily interrogation about their alleged links to the Taliban. .....

The holding center described by the teenagers appeared to have been a facility run by U.S. Special Operations forces that is separate from the Bagram Theater Internment Facility, the main American-run prison, which holds about 700 detainees. The teenagers' descriptions of a holding area on a different part of the Bagram base are consistent with the accounts of two other former detainees, who say they endured similar mistreatment, but not beatings, while being held last year at what Afghans call Bagram's "black" prison.

A Defense Department spokesman, Lt. Col. Mark Wright, said that the military does not respond to each allegation of detainee abuse, but that all prisoners are treated humanely and in accordance with the Geneva Conventions and U.S. law.

"Department of Defense policy is and always has been to treat detainees humanely. There have been well-documented instances where that policy was not followed, and service members have been held accountable for their actions in those cases," he said.

 

More 'freedom' for Afghans courtesy of the freedom loving Americans.

mimeguy

Thanks for transferring my post Remind.  I actually just saw this thread continuation. 

 

Webgear  "mimeguy, I think you are presenting a western view on an Afghan problem.

You are not seeing the issue from a Afghan perspective.

Note: I do think your post does have valid points."

 

Webgear you will have to elaborate a bit more. This is my view which of course is a western view. I have observed that Afghan perspectives on the war are as diverse as the Afghans themselves. In a war that has become entrenched like the one in Afghanistan it becomes almost impossible to keep perspective. The debate keeps going in circles. From which perspective is it an Afghan problem? Karzai's perspective? Those who consider themselves to be Taleban? Civilians in Kabul vs. civilians in the rural regions? Warlord or clan leaders? Afghan women's perspective? Afghan men's? Pashtun? The farmer whose crop or family has been destroyed by NATO forces?

 

Canada didn't create the Afghan 'problem'. It jumped into it at the instruction of a past government swept up in emotion and vengeance with no sober thought or understanding whatsoever.

 

The real problem is a human one. I have several guns pointed at my head. All of the triggers are controlled by people who tell me its for my protection and freedom. All I know is that no matter what I say or do one of them is going to shoot me for the greater good of all or I'm going to have to pay all of them off at various times. Canada has no right to participate in this cycle of global violence and political avarice. Canada has no right to create war crimes law and then exempt any individual or group from being subject to it.

 

It's a Canadian western perspective because it remains a Canadian western problem as long as we are there imposing Canadian western, ever changing, versions of democracy and human rights. Canada can solve this problem from a Canadian perspective. It can end its complicity and participation. It can pursue war crimes investigations as Canadian and international law provides. Canada can examine its behaviour and change it to create a new place for itself in the 21st century. The most important change is to stop listening to military commanders, politicians, and allies who scour the globe looking for bar fights to jump into.

That's my perspective.