Today (May 27) in the House of Commons, NDP defence critic
Dawn Black (New Westminster-Coquitlam) introduced a bill to outlaw torture.
If approved by a majority in the House, Black’s bill would make it a criminal offence to transfer prisoners to authorities when the detainees face a risk of torture. The bill would also make it illegal for Canadian authorities to use information obtained during torture, according to an NDP media release.
Speaking from Ottawa shortly after introducing the bill, Black told the Straight that she saw no reason why Canada’s other opposition parties would not support the legislation.
Black said that the bill was drafted with the help of the B.C. Civil Liberties Association, and inspired by the Afghan-detainee scandal.
“In the case of Afghanistan, there is an endemic culture of torture in the prisons there,” Black alleged. “And so until safeguards are put in place, we should not be transferring prisoners over to Afghan authorities.”
In February 2008, the Globe and Mail reported that the governor of Kandahar denied claims of torture and said that the treatment of detainees is the responsibility of the military.
Although Canadian authorities have never been caught abusing detainees in Afghanistan, there is considerable evidence that American forces have committed acts of torture while operating in the country.
In April 2008, the American Civil Liberties Union released hundreds of pages of documents obtained from the U.S. Department of Defense through a Freedom of Information Act lawsuit.
Just one example of prisoner abuse taken from an “Agent’s investigation report” included in those documents and dated October 14, 2004 reads:
[redacted] a Category 2 interpreter, interviewed [redacted], who stated at the beginning of 2003 while working in the Seto Pass Checkpoint, U.S. soldiers from the firebase came and arrested him and his crew. He was handcuffed then brought back to the firebase where he was further blindfolded. He was made to sit on his knees and then had a snow and water mix poured on him for 18 days. During the 18 days he was kicked, and punched in the kidneys, nose, and legs if he moved form his knees. During interrogations he was kicked and told if he did not tell the truth he would be killed. He said he was held for 20 days and about at day 18 he saw the body of Jamal NASSER, which was swollen, and discolored on his face, knees and feet like he had been beaten. After being taken from the firebase he was kept in [remainder of report largely redacted]
Approximately 300 pages of documents obtained from the U.S. Military’s Criminal Investigation Unit are available to the public on the ACLU’s Web page. Passages such as the above are not difficult to find.
Black said that although her bill was drafted with Afghan abuses in mind, it would apply to Canada’s interactions with all countries, including the United States.