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Subject: KBGR0275 -- Afghan detainees: Request by AIHRC, and UK proposal

CONFIDENTIAL

D-HO -() 3 I
Document Number I Numero du document·

2009 11 1~ipt Date I Cate rcpe' \ b- Ll- 09 72 1 of 3

 13. 'Tripartite' proposal. In order to assist with access, Samar said the AIHRC would like to enter into a "tripartite"
arrangement between the GoA, interested ISAF nations and itself. This arrangement -- AIHRC suggested a MoU -- would
confirm AIHRC officials' right of access. This right, said Nadery, stems from two legal rights: i) Afghan law establishing
the AIHRC (Zellenrath said the Dutch consider this law supersedes the 1978 NDS law, which is secret) and ii) the existing
MoUs between the ISAF nations and the GoA. Zel of or a 'clarification!
interpretation,' would work as an alternative to an MoU

20091114 72 2of3
 "

20. Follow-up meeting with AIHRC. Yesterday afternoon, HOM! Lalani, along with ADM Poll Rigby and MGen Ward,
met separately with AIHRC. At that meeting, HOM assured Dr. Samar that we would test our new arrangement -- and
AIHRC access to NOS facilities in Kandahar - as soon as possible .

21. Recommendations:

i) It is in Cdn interests to work for improved AIHRC access .

ii) In cooperation (and good company) with UK, their proposal in our view makes sense. However, we should put some
money behind our political support.

iii) We should give a positive response to the UK but also move forward to test monitoring access in Kandahar with the
current arrangement as soon as possible.

Drafted: Bloodworth, Colvin

Approved: Lalani

20091114 72 3 of 3