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Canada judge to review Afghan detainee documents before release to Parliament

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Canadian Justice Minister Rob Nicholson announced Friday that a former Supreme Court of Canada judge will review documents detailing Canadian forces' treatment of Afghan detainees before the documents are released to Parliament. Nicholson appointed former judge Frank Iacobucci to review the documents and report back to Nicholson, who will determine the conditions of disclosure. The announcement comes amidst mounting pressure from Parliament for the release of the documents. In December, Parliament passed an order to compel Prime Minister Stephen Harper to release the documents, and earlier this week, some MPs considered a vote to sanction high-level cabinet ministers for refusing to disclose them. MP Derek Lee (Liberal) has criticized the refusal to disclose the documents, which may contain evidence that detainees were tortured. In December, the Canadian government released more than 40 redacted e-mails sent by Canadian diplomat Richard Colvin to then-foreign minister Peter MacKay raising concerns about the torture of transferred detainees. The release of the e-mails came after Colvin testified before a Commons committee in November that all enemy combatants captured in 2006 and 2007 by Canadian forces were likely tortured upon their transfer to Afghan authorities. Throughout the spring of 2006, Colvin relayed allegations made by the International Committee of the Red Cross that Afghan authorities were routinely torturing detainees, and that by refusing information requests and failing to provide timely notice of transfer to Afghan custody, the Canadian military was hindering efforts to track Afghan detainees and monitor their treatment.

Full post as published by JURIST - The Paper Chase on March 05, 2010 (boomark / email).