Afghan Detainee Hearings

The use of torture is absolutely prohibited under Canadian and international law. What this means is that torture is prohibited under all circumstances, and that there can never be situation where the use of torture can be justified. The universal prohibition against torture does not simply mean that the government shouldn’t engage in torture or be complicit in torture, however. It also means that a government has a duty to prevent the perpetration of torture and to ensure that it is not responsible for delivering individuals to situations in which they would be at risk of torture or other cruel, inhuman or degrading treatment. During the course of its military operations in Afghanistan, Canadian forces routinely take prisoners. In this context, Canada’s obligation to prevent torture means two things:

If the Canadian government was aware that prisoners were being tortured by Afghan officials, and yet continued to transfer individuals into Afghan custody, Canada would acting in violation of the universal prohibition against torture. Since 2002, information obtained from human rights monitoring groups and through judicial, administrative and parliamentary inquiries all suggest strongly that Canada’s conduct in Afghanistan is in serious breach of its international obligations and fails to live up to basic Charter principles. The Canadian government has stated on numerous occasions that its military and agents do not torture. Canada has confirmed its commitment to preventing torture by entering into international agreements aimed at eradicating torture. Canada can maintain fidelity to these commitments only if it ensures that it neither engages in torture, is complicit in torture, nor knowingly delivers individuals to the risk of torture.

Why the BCCLA Is Concerned About the Torture of Afghan Detainees