• 1001 ANNUAL REPORT

H UMAN RI G HTS, DEMOCRATIC DEVELOPMENT, AND GOOD GOVERNANCE

Confldend al

AFGHAN ISTAN

I. O VERVIEW

I. The year 2002 has been one of tremendous change, challenge and above all hope for the people of
Afghanistan. For decades Mghans suffered civil war and political instability in the absenceof
democratic institutions and a functioning govenunent. Hope for an end to the fighting and a more
prosperous future surged with the signatureof the Bonn Agreement of Decernber 5, 2001 , following
which the Afghan InterimAdministration took office. Anticipation of boner times to come was high
before the Emergency Loya Jirga in June 2002, the election of Hamid Karzai as President and the
installation of the Afghan Transitional Administration (ATA).

2. The hwnan rights situation in Afghanistan has vastly improved since the time of the Taliban with its
restrictive interpretation of Islam and appallingly cruel punishments. However, Afghanistan has yet to
make the transition from the rule of the gun to the rule of law. Human rights are a matter of concern to

• the international community, but must be seen in the contextof the security situation, a largely non-
functi onal judicial system, the continuing prevalence of regional warl ords and their impact on the

_
balance of power between the centre and the regions, the human and financial resourcesavailable to the
central authorities , and the harsh reality of poverty.
said the warlords were relative ly well-behaved until the latter
quarter of 2002 when they found themselves unchallenged by the Coalition Forces and realized they
could resume their violations of person and property with impunity.

•
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 • t IS nne
whether the ATA has the capacity to investigate and bring
those guilty to trial. In any case, the justice system is in disrepute with more than
trained prosecutors and judges presiding. There is no one repository of laws and decrees in force.

5. Afghanistan is a State Party to the following international human rights instruments: International
Coveoant on Economic, Social and Cultural Rights (ICESCR-1983), International Coveoant on Civil
and Political Rights (ICCPR-1983, although the Facultative Protocol concerning individual petition has
not been ratified), InternationalConvention on the Eliminationof All Forms of Racial Discrimination
(lCERD-1983), Convention on the Eliminationof All Forms of Discrimination against Women
(CEDAW signatory only-I 980) Convention against Torture and other Cruel, Inhwnan or Degrading
Treatment or Punishmeot (CAT - 1987). In addition, Afghanistanhas appareotly signed hut not ratified
the lLO Convention on the worst Forms of Child Labour. In 2002 Afghanistan signed two
international treaties of particular interest to Canada - Anti-Personnel Landmines and International
Criminal Court. Afghanistan has not participated in meetings of States Parties on the conventions which
it has ratified or provided annual reports for some time.

•
The ATA did offer to cooperate with the AIHRC and
UNAMA in collecting and preserving forensic evidence from mass graves in the north. A decision on
whether a «truth commission" be established or how the crimes during the 23 years of civil war will be
accounted for is delayed until more favourable political and security conditions prevail. An
investigation by the authorities of the circumstances surrounding the civilians killed (some estimate over
1000) during the US led war against the Taliban and in routing out remnants of Al Queda has been
called for by some human rights groups. The authorities made no public statements
~e reports of Human Rights Watch on the Karzai-appointed Governor of Herat and on the
situation of women in Herat, and Amnesty International believes they are not likely to object to
Amnesty International research reports on Police and on Prisons, soon to be officially presented.

7. In accordance with the Bonn Agreement, the government has appointed members to the
Afghanistan Independent Hwnan Rights Commission, and Commissionson drafting the new
Constitution and on Judicial Reform. Considerabledelay was experienced by the latter two
commissions to find qualified Afghans and because the international community insisted on a balance of

•
ethnic representation and religion, and the inclusion of women. Currently, the overriding concern of the
international community in Kabul is to ensure that human rights are considered in the work of the two

Nov. 14, 2007 EV,OFAIT.OOO1.0005 20111

 • commissions. The AIHRC, with primarily Europeansupport, is insisting that women be specifically
identified as being guaranteed equal rights in the new Constitution. All commissions have been slow to
agree to and tackle their work plan. Funding is not yet in place for the Constitutional Commission and
the support project for the Judicial Reform Commission was signed only in January 2003 . The
international community in Kabul is divided on public participation in reviewing the draft constitution
prior to the Constitutional Loya Jirga scheduled for October, 2003. Again the Europeans, _
are leading the call for broad consultation with civil society. Civil societyas
represented by NGOs and human rights activists fully support the AIHRC's call for public consultation.
The commissions are to operate independentlybut ron into frequent interference from the Chief Justice
of the Supreme Court and some other interested minsters.

8. Annex II to the Bonn Agreement gave the UN the right to investigatehwnan rights violations and
where necessary, recorrunend corrective action. UNAMA has performedcorrunendably with minimal
hwnan resources, e.g., in the field the political officer usually holds the responsibilityfor hwnan rights
work along with a number of other dossiers. By all reports, UNAMA, UNHCR (refugee protection),
and the AIHRC exhibit admirableteam work, for example in establishing and supporting the Return
Commission in Northern Afghanistan which seeks to protect the rights of returning refugees, mainly
Pashtun minorities. While much has been accomplished in a very short time frame to get institutions up
and running, much remains to be done to ensure those responsible for the promotion and protection of
hwnan rights are given the resources and legitimacyrequired to do their work.

II. STATE OF INTERNATIONALLY RECOGNIZED RIGHTS AND FREEDOMS

A. CIVIL AND POLITICAL RIGHTS

•
Physical Integrity and Security of the Penon

Nov. 14 , 2007 EV.OFAIT.OOO1 .0005 30111

 • 10. UN Special Rapporteur on extrajudicial. summary or arbitrary executions, Asma Jahangirfound in
October 2002 that a numberof extrajudicial and summary executions continue to be carried out with
impunity. Reports of killingwomen by their family in the nameof morality despite interventions by
NGOs are rarely investigated by local authorities. Arbitrary detention, beatings and the use of torture
to extract expressions of guilt continue to be wide spread . The Human Rights Watch report on
intimidation, arbitrary arrest and torture in the western region of Herat is believed to be applicable
equally to other areas of Afghanistan where closed societies fall under the rule of local warlords.
Trafficking in women and children for the global sex trade. believed to be primarily through Pakistan, is
on the increase and will be the subject of a special US sponsored10M study.

] 1. Several police forces exist through out the country without clear lines of authority. Some say that
there are at least four different police forces in Kabul alone. The Police Academy supported by
Germany has a credible training program
outside Kabul. A comprehensive plan for police refonn in the Ministryof Interiorhas not been
completed and approved by Cabinet, and reform of the Correctional Services, also under the Ministry
of Interior, has not even been discussed by the authorities. New political leaders, human rights NGOs,
and Commissioners of the AIHRC report threats of violence on the lives of their families and
themselves. In addition to Coalition Forces who come under direct fire, UN and international
emergency relief, peacebuildingand reconstruction staff are increasingly harrassed and attacked, with
calls from extremists for a jihad on all foreigners.

• Rule of LawlDue Process

12. Presently there are four sources of formal"law" in Afghanistan: the 1964Constitution, existing laws
and regulations (few of which are well-known to practitioners), Sharia (applied only in the absence of
other specifically written legal provisions), and binding international instruments. Fortunately, all
decrees adopted during the Taliban regime have been repealed. The sources for Sharia law are the
Quran, the sayings of the Prophet Mohammed, and Interpretations which vary widely. The application
of rule of law and performanceof the justice system are not uniform throughout Afghanistan, and
depend heavily on which authorityor personalityprevails at any particular time and place. The
extremely powerful ChiefJustice of the Su reme Court has a inted thousands of
mullahs to the courts.

13. Applicable Jaw is almost unknown in rural Afghanistan where warlords and local councils interpret
Sharia and tribal traditions prevail, including the exchangeof women and girls as a form of conflict
resolution and restitution. Clearly, the central governmentlacks a monopoly on law enforcement. The
recently appointed Judicial Reform Commission called for in the Bonn Agreement has barely begun to
tackle its work plan. The integrationof women into the judicial system is crucial, and massive amounts
of training and institutional infrastructure is required to ensure security and the rule of law in Afghanistan.

• 14. Both the 1964 Constitution and the 1976 Penal Code provide for the death sentence. Two

Nov. 14 , 2007 EV,OFAIT.OOO1.0005 4 0111

 • persons convictedof murder (one of massmurder) awaitthe final decision of PresidentKarzai who in
tum awaits the decisionof the families of the victimson whetherthey would agree with a pardonor
insist on execution of the convicted. An appeal only lengthens the process which awaits the traditional
family decision.

PoliticallDemocratic Rights and Freedoms

15. Afghans have not enjoyed the right to participate in the government of their country since the fall of
the monarchyin 1973 . There was a credible level of public participation around the country in selecting
delegates to the Emergency Loya Jirga in June 2002 which created high expectations. However, many
were frustrated whenregional leaders, including warlords who had not been selected as members of the
Lc ya Jirga appeared. They were to be excluded from the assembly by criteria laid down by the
Independent Lcya Jirga Commission, barring governors, securityand militarycommanders, and those
with "blood on their hands' from participation,

16. New political movements are starting to fonn coalitions, although they still must work
" underground" in regions governed by warlords. They hold aspirations for gain s in the next elections
which they trust will be in accordance with international standards. Civil society is growing. Many

• Afghan NGOs are moving back to Afghanistan from Pakistan where several were active during Taliban
rule, others are being formed by local champions and support from the diaspora. While there is no
complaint of overt central government opposition to their activities, many speak of interference and
harassment from the "secret servi ce", religious extremists and mullahs, regional governors and warlords,
especially regarding their civic education work. Opponents such as religious leaders are said to cover
their fear of a better educated population by targeting NGOs working with women, saying they are
destroyingthe family values ofIslam. Afghan NGOs tend to be ethicallybased making it difficult for
them to unite with common purpose for advocacy throughout the country, for example, on the new
Constitution.

17. In a country of massive unemployment, workers essentially have no rights at all. Afghanistan is
normalising its relations with the ILO and participated as observer in the 2002 International Labour
Conference. A few organizations are now claiming to represent workers.

18. 10 May 2002, the proposed decreeissued by the Ministry of Information and Culture, prohibited
any offence to Islam in the media, describing the offence as anything that was in opposition to "writing
modestly", that might cause "moral corruption" or that might "weaken" the army of Afghanistan. Whi le
the decree was never signed by President Karzai in the face of international and local alarm, journalists
say they exercise "self-censorship", Officially the government says it supports a free and independent
media and freedom of speech, however independent media operates largely underground. Some brave

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publishers apply for license at the Ministry. Freedom ofexpression and association continues to be
severely hampered by fear of repercussion from militia engaged by regional commanders

Nov. 14 , 200 7 EV.DFAIT.0001,0005 5 of 11

 • B. ECONOMIC, SOCIAL, CULTURAL RIGHTS

Right to an adequate standard ofllvlng

19. For the vast majority of Afghans, access to adequate food, clothing and housing, health care and
social security is but a dream. After decades of war, drought and a failed state, about six million
Afghans are dependent on international humanitarianassistance and millions will remain so for many
years to come. Baseline data is non-existentthough various UN programs providing humanitarian
assistance and social services conduct surveys to estimate the amount of food aid, medicines and
shelter materials required to keep the population alive, especially through the harsh winter months. For
example, the UN's September 2002 VulnerabilityAssessment Survey indicates that in rural areas
alone, 4.2 million Afghans are food insecure. The Livelihoods and VulnerabilityUnit of Ministry of
Rural Reconstruction and Developmentestimates that 6 million of the some 23 million Afghans are
critically poor, and of these, 2 million live in remote high altitude areas.

20. Health statistics are equally alarming. Infant and under-fivemortality ratios are the third highest in
the world (over 25% of children die before their fifth birthday). those that do live suffer from anaemia,
and iodine deficiency. The UN says, "The consequences of such poor health and nutrition indicators

• for development in Afghanistanshould not be under-estimated." Indeed, a generation could well be

lost. The maternal mortality ratio, extrapolated from a UN study in four provinces, is estimated to be
the highest in the world with 2 - 3 women dying in childbirth every hour. Life expectancy at birth is
around 45 years. The situation for women is worse than for the population as a whole.

21. The central government is said to be doing its best to plan for the provision of a basic package of
quality services that are accessible, equitable, sustainable and effective, however it has neither the
financial and human resources, nor the outreach to the provinces to provide an adequate standard of
living. Beggars are numerous on the streets of regional capitals and are becoming increasingly
aggressive in Kabul.

Right to seek work, just and favou rable conditions

22. While there are no govenunent restrictionson the right to work, or regulations covering equal pay
for equal work and just remuneration. there simply is very little remunerated work to be had.
Afghanistan is an agrarian society with the vast majority of its population (some say 80%) engaged in
agriculture and animal husbandry. The decades of war and years of drought have wrought havoc on
the livelihood of the rural population. There are no effective or active laws on the employment of
children, many fought with armed militia. and continue to do so.

•
23. Returning refugees and desperate people from the provinces are moving into urban areas,
exacerbating the unemployment situation and putting added pressure on scarce social services. While

Nov, 14. 2007 EV.DFAIT.OOO1.0005 60111

 • there are no unemployment statistics, remunerated work. is availablemainly in the urban centres, in
government. and more recently with international reconstruction and reliefefforts. The absence of a
social safety net makes it virtually impossible to implement a much-needed downsizing of the public
sector and privatization ofstate industry. The Finance Minister is trying to insist that private investors
hire 65% locally and that large reconstruction projects be labour-intensive. The government's Area
Based Development Plan, largely supported by UNDP Trust Funds, is seen as one of the more
effective programs within the national emergencyemployment strategy.

Right to EdUcatiOD

24. With the oustingof theTaliban, girls are now free to attend school. Education in Afghanistan is
free. The Ministry of Education estimates some 3 million children are enrolled in school, however an
additional 1.5 million eligible children cannot be absorbed into schoo ls. Of those attending, very few
have adequate facilities for learning - most are in bombed-out, make-shift facilities open to the
elements, without furniture or materials . In addition. many suffer from malnutrition making learning an
enormo us challenge. There is a large teachershortage and those that are employed, especially female
teachers. are not well educated themselves. Some regional governors are prohibiting instruction of girl s
by male t eachers, and others such as the Governor o f Herat would like to do away entirely with
education for girls. Similar problems exist at the post-secondary level where education is crucial to
form the next generation of profess ionals and leaders.

•
Right to participate In cullurallife of commuDlty

25. There is no legislated prohibi tion against participation in the cultural life of the community as there
was for certain ethnic groups and women duri ng the reign of the Taliban. Participation by differing
ethnic and religious groups is informally governed by the majority. Ethnic and Islam ic religious orders
tend to be largely homogenous, to hire within their own group and to shun the participation of outsiders
in public gatheri ngs. Women are not permitted by custom rather than law to attend public cultura l
performan ces, thou gh recently in Kabul, the cinema has set aside a time for them to attend the cinema
accompanied by their male relatives.

26. Without a complete review of legal instruments in force in Afghani stan (something the Jud icial
Refo rm Commission is to document), it is unknown whether an Afghan has "the right to the protection
of the moral and material interests resulting from any scientific, literary or artisti c production of which he
is the author,"

C. EQUALITYIDISCRIMINATION

Freedom fro m dlscrf.mioa tion

•
27. The BonnAgreement calls for a transitional process to establish a broad-based, gender-sensitive,
multi-ethnic and fully representative government. Few would agree that to be the prevailing case in

NaY 14. 2007

701 "
 ~.
• Afghanistan. Despite the legal primacy of the 1964Constitution and its provisions prohibiting
discrimination based on race, sex and religion, local custom and practices reinforced by years under the
repressive Taliban, generallyprevail. The severityof discriminationdepends largely on the views of
local religious and military leadership. Historically, the minority Shia, largely ethnically Hazara, were
discriminated against by the majority Sunni and ethnic Pashtun. The situation has reversed in areas
where Pashtun minorities are attempting to reintegrate following years of refugee status abroad.

Respect for minorities and their buman rights and treatment of indigenous people

28. There are estimated to be about 20 different ethnic groups in Afghanistan , the largest of which is
the Pashtun. Other major ethnic groups are Tajiks , Uzbeks and Hazaras. Small ethnic groups are
made up of Aimaqs, Farsiwans, Turkmens and Balouchis. Traditionally, the rulers in Afghanistan have
been Pasthun, with the Hazaras most discriminatedagainst.. However, the average Afghan today will
say that prior to the 1970's there was no overt identification with or distinction between the various
ethnic groups in Afghanistan. Today, virtuallyevery government decision whether it be constituting a
Bonn Commission or hiring a bodyguard must consider ethnicity before capability.

29. During the 23 years of war, all Afghan factions were believed to have used torture and massacred
their opponents, with fighting more often than not carried out on the lines of ethnicity. Ethnic minorities
switched sides often for their own preservation, dependingon who looked to be winning. Now it is
"pay-back" time. Intimidation and discriminatorytreatment of returning refugees and internally

•
displaced persons continues virtuallyunabated where minorities (e.g., Pashtuns in the north) attempt to
retum to their homes.

30. Loyalties lie with the family and the tribe and ethnicity is used in the struggle for power and
influence.

ortunately, the importance

of guaranteeing the protection of the rights of minorities in the new Constitution is broadly recognized.

Women's rights

40. Women in Afghanistan were not included in census exercises in the early ' 70's, hence do not hold
identity cards which exacerbatestheir treatment as "non-entities". Male relatives and local mullahs
must testify to the bona fides of a woman who needs to be identified for official reasons, for example,
obtaining a passport. Therefore, voter eligibility and identity for women prior to the 2004 elections
presents a particular challenge.

41. Participation of women is still severely restrained due largely to custom and more recently to a
resurgence of Islamic fundamentalism endorsed by the remnants of the"vice and virtue" police re-

•
established in the Ministry ofHaj and Religion. Official government policy is to encourage girls to go to
school and university, and to hire women into the administration. Female professionals (doctors,

Nov, 14. 2007 _ _ • eV.DFAIT.OOO1.0005 n __ 8 of 11

 • lawyers, and teachers) have returned from refugee camps and ready to play an active in society. With
the UN and large international aid communityprevalent throughoutAfghanistan, opportunities for
professional women are more than ever before in the history of Afghani stan. However, the ability of
educated women to participate actively in society is severelyrestrainedby social mores and strict codes
of behaviour which limit freedom of movement without male relative escort.

43. The vast majority of women remain illiterate (only about 3 % are estimated to be functionally
literate) , underfed, without access to health care and regarded as chattel to be traded to settle disputes
or pay off debts. Crimes against women, especiallythose without supportingmale family members, are
largely ignored by the police and overtly discriminated against in the justice system, e.g., female victims
of sexual violence are still charged and punished for adultery. Abductions, trafficking, forced child
marriages continue largely unabated from Taliban times.

Children's rights

• 44. Children, comprising nearly half the population of Afghanistan. have been most severely affected
by the decades of war. They remain vulnerable and at high risk as destitute parents send them to the
streets, factories, smugglers and militia in search of income. Young boys are traded by military
commandersfor sexual gratification. Girls are being given away in marriage at an earlier age (years
before puberty), mainly to pay debts and settle disputes. The number of street children in Kabul is
estimated at 50,000, and in Mazar i Sharif the number has quadrupled in the last two years to about
5000. Children work long hours in cold and hazardous conditions for little but their food. Carpet
weaving. cement factories and constructionsites are common occupations. The government is poorly
equipped to provide for orphans or childrendisabled by landmines.

45. While concrete evidence is difficult to produce, the traffickingof children for the international sex
trade is a practice of particular concern to child rights organizations in Afghanistan and Pakistan.

e authoritieshave been most cooperative with

polio.

46. An Afghan delegation including two children took part in the UN Special Session for Children in
May 2002. NGOs remain the main source ofsupport for destitute children

• Rights of persons with disabilities

Nov. 14 , 2007 EV.DFAIT.0001,0005 9 of 11

 • 47. A recent UN survey indicates that about 2% of children are disabled by birth defects, polio or
landmines. Disabled children face reduced economic and marital opportunities. They take to begging
and face exploitation on the streets. They are, like their adult counterparts, for the most part without
access to physical treatment or social assistance. Male adults with war disabilities (mujahidine) are
marginally better off with access to the programs of the Ministryof Martyrs and Disabled. The UN is
working with the authorities to establish a Comprehensive Disabled Afghans Program to establish
policy and programs which will provide subsidies and create vocation training opportunities for the
disabled.

Rights of gays and lesbians

48. Without a full review of valid legislation, it is uncertain whether gays and lesbians enjoy any
particular rights of sexual orientation in Afghanistan. With the annulment of all Taliban decrees,
homosexuals are no longer publically punished by collapsing a wall on them. Homosexuality is very
much "underground" in Afghanistan,

III. CANADIAN REPRESENTAnONS/INTERVENTIONS

Summary of representations/demarches

• 49. To our knowledge, Canada has not made any official representation to the Afghan government on
human rights violations. Canada has assured the authorities that it will offer support in establishing
institutions and instruments for the promotion and protection of human rights

Summary of Canadian programs and activities

50. The Canadian International Development Agency(CIDA) has provided much needed humanitarian
assistance and support for human rights, rule oflaw and judicial reform programs mainly through
multilateral organizations (UN agencies, the World Bank, [CRC, IFRC) and NGO' s.) Over $100
million in assistance disbursed by CIDA has covered all the areas mentioned in the report above:
disabled, rule of law, judicial reform, area based development, children, education, gender, returning
refugees and displaced persons, mine action, TB control, food, human rights in general and specifically
women's rights, media, and elections preparations. Support for police reform and security sector
reform in general is under consideration. Through the CIDA locally administered funds in Islamabad,
Canada has supported representatives of new political movementsto attend the Communityof
Democracies Conference in Seoul, and to meet in Islamabad to develop a coalition strategy to prepare
for the elections (for security reasons, it was unsafe to meet in Kabul).

Ideas/suggestions

•
51. Currently the Afghan Transitional Administration(ATA), i.e., current government, is only
marginally aware of Canada's assistance to reconstruction in Afghanistan. A communication strategy

Nov. 14, 2007 EVDFAITOOO 1.0005 100111

 • on Canada's assistance to Afghanistan should be devised for the Afghan public and as a basis for an
on-going dialogue with the Afghan Cabinet and administration. This would confirm to ordinary Afghans
as well as to the govenunent that Canada is engaged. Such communication strategy must highlight
Canada's particular commitment to human rights as a cornerstoneof our foreign policy. CIDA is
seeking to follow the ATA request to the international community to consolidate its assistance in a
limited number of programs. Whatever the choices eventually decided by Ministers, a good measure of
Canada's assistance should he included for securitysector reform, rule of law and human rights.
Without a concertedeffort by the international community to keep these areas on the radar screen of its
assistance, there will be no lasting peace and stability in Afghanistan.

52. It is important as welJ that Canada's politicallesders and senior officials not hold back from
encouraging Afghan authorities, includingthose in the regions and Afghanistan's Bonn Commissions, to
keep human rights on the agenda, and in particular to give due considerationto the impact on women of
the emerging legal framework and public policy decisions. Diplomaticinterventions could include:
commending the Afghan goverrunent for signing the Rome Statutes of the InternationalCriminal Court,
while at the same time encouragingthe authorities to ratify the decision so that the Court may be
empowered to operate in Afghanistan; providing encouragement and assistance if needed to
Afghanistan to fulfill its reporting requirements on the various human rights conventions to which it is a
State Party; encouragingAfghanistanto ratify the Conventionon the Eliminationof all Forms of
Discriminationagainst Women; encouragingthe Presidentand Cabinet to make periodic public
statements re-affirming the goverrunent's commitmentto international human rights standards and

•
norms.

53. Canada should make every effort to ensure that security is extended to the regions outside of
Kabul, and that UNAMA is sufficiently staffed and resourced to carry out human rights monitoring and
investigation in the regions. Canada should engage Coalition partners and the UN to re-assess
UNAMA's "light foot print" in Afghanist
in the "soft" reconstructionareas: human rights, judicial reform, includingpolice and corrections, and
preparations for June 2004 elections in which the majority of Afghans now place their hope.

•
Nov. 14, 2007 EV.DFAI T.oool,0005 11011 1
 • AFGHANISTAN

HUMAN RI GHTS, DEMOCRAT IC DEVEWPMENT AND GOOD

GOVERNANCE
Co nfidential (CEO)

2003 ANNUAL REPORT

I. OVERVIEW

On January 4,2004, the Constitutional Loyal Jirga delivered the Afghans their first
democratic constitution since 1964. The standard for promotion and protection of
humanrights was markedly strengthened with several provisions introduced for the first
time: the first-ever recognition of minority languages and the ethnic groups which make
up the nation, recognition of the equality of rights and duties for men and women,
assistance for the descendants of those martyred during the decades of war. and other
special groups: the disabled. elders, women without caretakers and orphans. The State
hascommitted itself to abide by theUN Charter, the Universal Declaration of Human
Rights and all international treaties and conventions that Afghanistan has signed.
Provision was made for the establishment ofan Independent Human Rights Commission
which will institutionalize the current Afghan Independent Hwnan Rights Commission
(AIHRC) whose mandate expireswith that of the Bonn Agreement, currently in June,

• 2004.

2.The AlliRC is one of the best things to have happenedin Afghanistan in the past two
years. Awareness of human rights has reached an all-time high in Afghanistan due
primarily to the work of the Commission. It is a fiercely independent institution which -
precisely because of its fearlessness and ind dence- has been subject to criticism and
attacks ts strength comes from its
courageous Chairperson, Dr. Sima Samar, and an ethnically balanced, professional group
of Commissioners. Multi-donor funding helps to ensure its independence.

3.In 2003, the AIHRC established eight regional offices which are gaining credibility
among local populations. The satellite offices cooperate closely with UNAMA regional
offices and Provincial Reconstruction Teams (pRn which areoften called upon by the
AIHRC to help resolve problems beyond the capability or capacity oflocal security
institutions. The now finnly establishedregional offices have asked to be more closely
integrated withthe Kabul-based Commission to tackle human rights issues on a national
basis - most recently on issues of childtrafficking. arbitrary detention and land-grabs.
Infonnation sharing between the offices suffers from the lack of national conununications
systems (e.g., internet, telephone).

4.Security is of great concern to the AIHRC - both forthe travel of Commissioners to the
provinces as well as in their daily work when they often have to go into hiding while

•
investigating cases related to powerful figures, or when a major violation by government

Nov. 14. 2007 EV.DFAIT.OOO 1.0009 1 0125

 • authorities has been made public: as during the uncovering and publicizing of the
Sherpur land-grab and distribution of building plots to members of the Afghan
Transitional Authority (ATA).

5.In additionto its work with educational institutions, the AIHRC provided human rights
training to police and prison officials in the provinces. In a very positive development to
extend the national reach of the AIHRC, it established Task Forces or Working Groups in
several areas to work with local "human rights shuras". In addition to local activists,
professionals, mullahs and more enlightened security officials, the groups include
UNAMA or UN agency representatives and NGOs, including the International
Committee of the Red Cross (JeRe). The focus of work depends on the most pressing
human rights issues in any area. but can be as diverse as kidnapping, land-grabs, illegal
taxation, young and forced marriages, and illegal detention, with the overall objective
being to share information and agree 0 ging andlor referral
to central authorities. For example, in where
~ is a problem
_ t h e local human rights shuras appealed strongly to the AT A for
governance and administrative change. In a detailed compilation of the most
serious abusers, mostly police and anny commanders, was prepared and given to the
AT A with a request for the removal of repeat offenders. The local groups also intervene
on a more personal level as in a case outside Mazar, where a commander detained a man
because he would not give his consent to the commander to marry his daughter. In
Ghowr, the scale of power abuse and extortion by local authorities was so severe that a

• group of elders and mullahs had to be enlisted to appeal to individual perpetrators. In

Paktika, an appeal was made to Pir Gailani, a respected Pashtun spiritual. He stopped the
seizure of Kuchi land along the border with Ghazni.

6. While local remedies and the appeal to local leaders is admirable and may suffice in the
short term, it is not a substitute for the extension of security and rule of law to the
provinces or for the prosecutiion of public officials for bribery and corruption. The most
pressing challenges to the central government in implementing the provisions of the new
Constitution will be to overhaul provincial governance and administration and implement
judicial reform. Steps were taken in 2003 . In May, President Karzai and the new
Minister of Interior started to replace corrupt and non-functional governors and chiefs of
police and to demand that customs revenues and taxes be forwarded to the central
treasury. While only marginally successful, the tone has been set to renew these efforts
WIder the provisions of the new Constitution. In November, President Karzai decreed the
establishment of an independent department to combat bribery and administrative
corruption and to increase the transparency of government decision-making.

7.The central government does not yet have the ability to provide security for its people -
here it is incumbent on the international community to muster the political will and
resources to extend international military forces beyond Kabul in support of the
government. The US -led Coalition set up a number ofPRTs but their sco pe is still
somewhat limited. Despite repeated appeals by the govenunent and the UNSG over the

• past two years, the international community has yet to mobilize adequate resources while

Nov 14, 2007 EV.DFAIT.OOO1.0009 20125

 • the human rights situation in the provinces continues to deteriorate, notwithstanding the
efforts of the AIHRC.

8.The AIHRC has five programming areas: women's rights, transitional justice,
monitoring and investigation, human rights education and child protection (added in
February 2003). According to the annual report of the AIHRC (released in October
2003). human rights violations are on the rise throughout the country with the most
common allegations being extra judicial killing, rape, trafficking of women and children,
destruction of public and private property. arbitrary detention and the operation of private
prisons. The AIHRC registered over 1000 complaints in 2003 . During the first half of
2003 attention was focussed on extra judicial killings and mass executions in the north. .
Investigation continues but no charges or public disclosures of the perpetrators have yet
been made. The human rights situation in the north continued to be the main obstacle to
the resettlement of refugees and internally displaced persons.

9. In the first eight months of2003, over 300 complaints to the AIHRC were related to
land-grabbing and the destruction of residential areas - this became the most publicized
violation in the last quarter of 2003, followed closely by child-trafficking and the impact
of Coalition action in the south and southeast. On September 13, 2003 the AIHRC
issued a report, "Your house is not yours, don 't insist other wise you will be jailed and
tortured." The following week, and coinciding with the UNHRC Special Representative
for Housing Miloun Kothari's visit to Kabul, the AIHRC published a list of29 of282
names of government ministers, mujahedin commanders and local officials who had

• received plots of land confiscated by government security forces from the poor
inhabitants of the Kabul Sherpur district. SR Kothari chastised the government
publically for authorizing land for ministers and public officials while an estimated
500,000 Kabul residents remained virtual1yhomeless. In a rather surprising move,
UNSRSG Brahimi referred to this as an "over reaction." President Karzai dismissed the
Kabul Chief of Police, decreed a Commission to investigate and ordered that all
construction be stopped.
construction resumed after two days and many of the beautiful
villas are now complete.

IO.Since its establishment the AIHRC has benefited from the experience of other
countries by visiting and studying their standards and institutions for the promotion and
protection of human rights. Recently, the AIHRC began to give more attention to
transitional justice which it hopes to bring to the forefront in 2004 following adoption of
the new Constitution and improvements to the judicial system. In November, the 16
staff members in the AIHRC Transitional Justice section participated in workshops
organized by the International Centre for Transitional Justice. The Commissioner
responsible for transitional justice and the Chief Technical Adviser completed a mission
to East Timor, Australia and New zealand. In East Timor, the transitional justice
processes established after the withdrawal of the Indonesian occupation were observed,
including the special panel for serious crimes and the Truth and Reconciliation
Commission. In New Zealand and Australia, meetings were held with Afghan

• 3

Nov, 14. 200 7 EV,OFAtT,OOOl .0009 3 0f25

 • communities settled there to obtain their views about possible mechanisms to deal with
crimes committed during the years of conflict.
IUn Kabul, the AIHRC took over the chair of what had been a Human Rights Advisory
Group (HRAG) established in October 2002. Meetings are attended by a wide range of
organizations, including recently by members of the central government administration.
It proved valuable for information sharin but tended to be overrun best s ers for
the first half of the year.

In an effort to contribute to the December budget (re-

costing exercise, e RAG met as a smaller, more focused group on December 1
(AIHRC, UNDP, UNAMA, Danish Embassy) and decided to focus on four areas:
Education, Justice, Culture, Police. By the end of December, the HRAG provided
valuable recommendations for action to improve human rights performance in the Justice
and Police sectors.

There is currently only one international officer in Kabul. After more

than a year UNAMA finally filled the Gender Adviser position in November. The
situation is worse in the regional offices where the only two international human rights
officers are in Kandahar and Mazar. The Political Officers who are also Heads of
UNAMA field offices are generally not trained or experienced in human rights issues,
and they have to add human rights to their many other responsibilities.

• II. STATE OF
FREEDOMS
INTERNATIONALLY
REPO RT

RECOGNIZED RIGHTS AND

A. CIVIL AND POLITICAL RIGHTS

Physica l Iotegrity and Security ofthe Pen oo (UDHR 3,4,5,9,13,15)

13.The AIHRC Annual Report maintains that human rights violations related to security
of the person are on the rise throughout Afghanistan. Registered violations include extra-
judicial killing, rape, trafficking of women and children,land confiscations, arbitrary
detention and torture.

The security situation outside of Kabul lies at the core of human rights abuses. Violations
from conflict situations and the absence of rule of law are the most visible and flagrant.
The most publicized of deplorable violations occurred in the early months of 2003 in
Badghis province (Bala Murghab) where 38 civilians were executed and the bodies of26
"prisoners" were found to have been killed with their hands tied behind their backs. The
violent clashes were first masqueraded as a clash between forces loyal to the governor

• and encroaching Taliban forces (an excuse still too often used to justify violent conflict).

Nov. 14, 2007 EV.DFAIT.oool,0009 4 0125

 • The first ever joint fact finding mission by AIHRC, UNAMA and ATA representatives
outside of Kabul took place shortly thereafter. The assessment team reported that
extremely serious violations of human rights by governmentsoldiers, police and other
armed groups had been taking place even before full fightingbroke out in March, and in
fact may have triggered the conflict.

14.Violations, which are perpetuated throughoutAfghanistan, especially against

returning refugees, disarmed soldiers and others who might have readily available assets,
include: extortion of money, food, cattle, harvest (including poppy). Failure to comply
results in beating, detention in private facilities, torture, kidnappingof children and
women, and even extra-judiciaryexecution. In the Badghis case, the team called on the
central government to provide compensation to the civilian victims. Compensation has
yet to materialize.

•
16.The AIHRC and UNAMA field office in Faizabadis still investigatingthe allegation
that 14 persons were publicly executed in Badakshan earlier this year. Also in
Badakshan, two women accused of adultery were publicly executed on the orders of
village mullahs.

17.Attacks on Afghans working for international organizations increased in 2003

throughout the country, but particularlyin the south and southeast where the Taliban and
their religious fundamentalist sympathizersmade a strong comeback. It was not entirely
clear whether it was resurgent Taliban and AIQaeda terrorists.focal factions tied to the
drug trade, or simply a string of spoilers who would rather the international community
and its reconstructionorganizations left the country, who were responsible for the
increased intimidation and attacks on nationals working with the central government and
the international community. Notwithstanding efforts by the ATA to deploy newly
trained police and military to problem areas, the authoritieshave proved incapable of

• dealing with the perpetratorsof such violations who continue to harass the local

Nov. 14, 2007 EV,OFAIT.OOOt.OOO9 50125

 • community with impunitywhen government forces leave. Arbitrary arrests, unlawful
detention and torture were carried out by armed groups that operated independently
und er a number of warlords, commanders or regional leaders.
These armed groups regul arly interfered with and undermined
whatever regular police work was attempted. The police were unable to ensure security
in the regions either because they did not have the training and necessary equipment or
because they also are too intimidated to con front them. Amnesty International reported
that the National Directorate of Security (NDS ) regularly interfered in police work and
used its influence with local armed groups that operate their ow n. unofficial police forces
which engage in illegal detention and tortu re in private prisons.

18.A report on policing by Amnesty International in 2003 slated that torture was carried
out by the police, particularlyduring interrogation. This information has been confirmed
by JeRe, which spec ifically menti oned the poli ce stations of Kabul , Herat and
Kandahar. Common methods of torture included beating with an electric cable or metal
bar, electric shocks, sleep deprivation and hanging detainees by their arms.or upside
down for several days. Juveniles were also reported to have been beaten and tortured.

19.The AIHRC issued another report in September on the situation of prisons, private
jails, arbitrary detention and torture. According to the report, many of the illegal
detentions they investigated were linked to land disput es or land grabs, more spec ifically
to forced evictions, where occupants were taken into custody and tortured until they give
up their rights to the property in qu estion or agree to sell at far below market value. This

• was most common in Kabul province but cases were also investigated in Nangarhar,
Logar and the northern provinces where IDPs or refugees returned to find their properties
illegally occupied. Those who had money or connectio ns to influential people were
better off than the poor who could languish for years in detention without charges or trial.
AIHRC took up the investigation, and as a result of AIHRC' s monitoring visits to som e
250 jails and detention centres, over 400 illegally detained prisoners were released in
2003.

20.There continued to be severe restrictions on the physical integrity of women in most

parts of the country. The abduction of women took place during highway robberies of
valuables, espec ially in Farah province. Strict dress codes prevailed in most of Kabul
and almost all provinces, and women 's freedom of movement was seriously limited.
The Central Highlands region (Hazara) was somewhat of an exception. Dr Asma
Jahangir, UN Spe cial Rapporteur on Extrajudicial , Summary or Arbitrary Executions
reported to the 59 th session of the Commission on Human Rights that women were still
killed by their famili es in the name of morality. Women continued to be exchanged as a
method of conflict resolution . Restrictions on freedom of mo vement of women w as
most prevalent in the south and southeast, but also in Herat, where for example, w omen
and girls caught walking with men on the stree t risked being arrested and subjected to a
gynaecol ogical examination to look for evidence of recent sexual intercourse.
Trafficking in children and women and their sale into slave-like conditions was
reportedly on the rise in 2003 (many times with the con sent of their families) with as yet

• little Afghan capability in place to stem the trend or to assist the victims.

Nov. 14, 2007 EV.DFAIT.OOO1,0009 60125

 • 21.00 the positive side, reform of the Ministryof Defence as an institution was advanced
which, once organization reforms lead to behavioural change, should lead to greater
accountability and civilian control over the military commandersin the regions. The year
2003 saw the standing-up of9 PRTs in the regions, with 4 more planned along the border
areas in early 2004 . The Afghans, the UN and NGO s have long called for the expansion
of an international stability or peacekeeping force outside of Kabul. The UNSC
authorized the expansion'of ISAF to the regions and Afghanistan now awaits the decision
of NATO on the scope and nature of that expansion beyond support for the German-led
PRT in Konduz. Deployment ofintemational forces outside Kabul is expected to result
in an improved human rights environment.

22.Disannament, as a step toward ending the ''rule of the gun" continued to be the
number one priority cited by Afghan people throughout 2003 . A good start was made
with the DDR pilot phase under way in Konduz, Gardez, Kabul and Mazar, and an
agreement on heavy weapons cantonmentin Mazar and Kabul. Several challenges
came to light which must be addressedbefore the full DOR exercise can be expanded
nation-wide and programs must be initiated which will address the behaviour of
commanders. Police reform took a giant step forward in 2003 with a detailed plan and
budget drafted for training and equipping the Afghan National Police (ANP) and the
establishment of a Human Rights Cell in the Ministry of Interior (Mol). An ambitious
US plan to build 7 regional police training centres and provide basic training and
equipment to serving police, coupled with the establishmentof standard operating

•
procedures and communications between the Mol at the centre and regional police
offices should do much to advance the policing componentof ''rule of law:" Women' s
organizations and the AIHRC called for greater efforts to train and protect female police
officers in an effort to mitigate the additional restrictions to security of person which
women face.

Rule of LawlDue Process (UDHR 7,8,10,II)

23.There are four sources offonnal "taw" in Afghanistan: the t964 Constitution (untit
the new Constitution is ratified by the President and comes into force later in 2004),
existing laws and regulations (which were just catalogued in 2003, but are not well-
known to practitioners), Sharia (to be applied only in the absence of other specifically
written legal provisions) and binding international instruments (also not widely
understood by practitioners). The sources for Sharia law are the Quran, the sayings of
the Prophet Mohammed, and Interpretations which can vary widely. Far too many
articles of the new Constitution refer to "provisions of the law", leaving the identification
of the law or the understanding of whether in fact a law on such a matter actually exists
to be settled later. The bifurcationof the legal system between statutory taw and
customary law has been typical of Afghanistan's legal history ever since attempts were
made to introduce statutory laws. Earlier attempts to implement and enforce written
secular laws that depart from customary and/or Islamic law have been met with protest
and civil unrest. Applicable law is virtually unknown in rural Afghanistan where

•
warlords reign,local councils interpret sheria, and tribal traditions prevail. Clearly the

Nov. 14, 2007 EV,OFAIT.OOO1.0009 7 of 25

 • central government has much work. ahead to establish its jurisdiction over law
enforcement and the administration ofjustice in the provinces.

24.Public consultations and discussions related to the new Constitution focused greater
attention on the further "Islamization" of Afghanistan, the relationship between
international human rights standards and Sharia law, and the equal rights of men and
women.

It will be a challenge for the "modernists" to institute adherence

to international standards in Kabul, whereas in the regions mullahs• • • • • • •
~ u l dcontinue to hold sway.

The new Con stitution sets no age

limits for retirement but limits the nine SupremeCourt judges to serve a maximum of ten

•
years, neither does it require they be educated in secular law.

26.The Judicial Reform Commission called for in the Bonn Agreement was not
appointed until November 2002 and did not agree on a work plan until March 2003.
Reforming the justice system after decades of war, the destruction of physical
infrastructure, the loss of valuable documentation and laws, and the move of
professionals abroad is proving a most complex challenge involving a myriad of actors
locally and a well-intentionedbut uncoordinated assortment of professionals from
abroad. Corruption stemming from bribery and intimidation is rampant. There are deep
divisions between those who favour a conservative interpretationof Islamic law and
those who want to revive the more progressive ideas expressed in the 1964 Constitution.
In addition, there are strong tensions among

27.The administration ofjustice is uneven. From the point of being detained, charged,
heard, sentenced - not all are equal before the law - much depends on factional, religious
or ethnic affiliation, and wealth or connections to influential people, among other
variables. The criminaljustice system was still in disarray throughout the country in
2003, with as yet limited practical impact-evident from the influx ofintemational

•
assistance. While this is expected to change in 2004 as amended and new laws are

Nov, 14. 2007 EV.DFAIT.OOO1 .0009 80125

 • enacted in accordance with the new Constitution, people were still arbitrarily detained
and released, rather than tried according to due process, throughout 2003. In its review
of prisons, Amnesty Internationalestimated that two-thirds of prisoners had not been
tried. Generally speaking,
have no information about
risoners
they have
good connections. This is especially true for women and children.

Prison reform suffers from a lack of funds far more

severe than other areas ofjudicial reform. The JeRe estimates there are only about
3000 official prisoners in Afghanistan, though almost all facilities are overcrowded.
Provincial prisons are in urgent need of rehabilitation. Italy and UNODC have provided
some immediate relief. UNODC provided limited assistance with legislative and
institutional capacity building. and juvenile justice. The Law on Juveniles and a
Penitentiary Law on Rights and Treatment of Offenders are expected to go before
Cabinet early in 2004.

29.The year 2004 should witness the enactment of reformed and new laws more in line
with international standards and the new Constitution, and the beginnings of an overall

• plan for linking police, judicial reform and corrections under an overall rule of law
strategy based on progress at the centre as well as on the Gardez pilot project which seeks
to coordinate assistance efforts in rule oflaw with traditionaljustice mechanisms at play
at the provincial and district levels.

PoUticallDemocratic Rlgbl1 and Freedoms (UDHR 18,19,20,21)

Public consultationsand election of delegates to the

Constitutional Loya Jirga was another opportunity for Afghans to participate in defining
their system of government.

In
October, Human Rights Watch reported a new wave of attacks on political freedom by
regional commanders and jihadi leaders on the process to elect CU delegates, notably in
Badakshan, Ghor, Kandahar and Hera! provinces. eports from the
regions substantiated such instances of intimidation and noted that people were too afraid
to report their complaints to the Constitution Commission Secretariat. This does not
bode well for the 2004 elections called for in the Bonn Agreement.

• 9

Nov. 14 , 2007 EV.DFAIT.OOO1 ,0009 90125

 • one em e e egate m ar
province, Malalai Joya, dared to raise her voiceat the CU and protestthe presence ofso
many mujahidin whom she abelled as criminals. Ismail Khan, Govemor _
_ of Herat, and jihadi leaders at the CU loudly condemned her. On the other
hand, students from Herat Universityhanded a petition to UNAMA, allegedly
representing more than 100 female and male students, expressingtheir full support for
the remarks of Ms. Malalai. In Farah, around 700 men and women held demonstrations
in the city on 20 December to express their support, demand equality for female and male
rights, and ask CU Chair Mojadedi to apologizefor his remarks against Malalai's
statement. There was considerable grassroots supportfor her, and this debate received
extensive TV coverage.

32.The UN initiated the voter registrationexercise December 1 and registered over 250
persons by the end of Decemher. Registrationwas hampered by the inability to move
freely in the regions because of security concerns and the lack of adequate funding. The
first elections in Afghan history, those for President are scheduled for June 2004 but
could be delayed until October. Parliamentary elections should follow about six months
later. A Joint Elections Management Body comprised of 6 Afghans and 5 internationals
was decreed to be responsible for conducting the 2004 elections with UN assistance..

• 33.A Politiea1 Parties Law was decreed in October 2003. Some eleven parties have
attempted to register with the Ministry of Justice which had not yet set up a political
party registration unit as of December 2003 .. Following application to the Ministry of
Justice, the party must then apply to the Ministry of Defence for certification that it is not
aligned with any military faction and then to the Minis of Finance to declare its
sources of funding.

34.Many of the complaints to the A lHRC in 2003 related to cases of intimidation and
violence against litical u s and civil societ activities b re ional and local
commanders.

The problem was more widespread in the regions where the international presence
is smaller and the writ of the central government does not necessarily run. Students at
the University of Kabul have complained to the AIHRC that since their demonstration
and the resulting brutality of the police in November 2002, they have not been able to
assemble freely . They claimed that there was a Jamiat/secret service presence on campus
which monitored individuals and that those participating in even a small gathering of
students were later harrassed.

35.New politea1ly motivated democraticmovements were particularly vulnerable. In

January 2003, representatives of a number of democratic groups met in Islamabad to

•
discuss common goals and the establislunent of a "National Front for Democracy in

10

Nov. 14 , 2007 EV.DFAIT.0001,0009 10 of 25

 • Afghanistan." The meeting (supported by Canada) was held in Islamabad due to security
concerns of some delegates who were threatened if they were ever to come to Kabul.
The Front, consisting of some 45 different political groups, was officially launched in
Kabul in March. It has worked hard to be inclusive, even to jihadi parties, in its public
seminars on democratic themes, and to engage with more progressively minded
Ministers.

36.The number of civil society groups and NGOs grew both in number and variety in
2003, although a number were formed only as implementing agencies for UN programs.
The govenunent drafted NGO legislation which seemed to be fair and acceptable to the
NGOs. Harrassment of political activists continued and according to some reports was
on the rise. Arbitrary detentions, death threats, visits by armed men to homes and offices
of activists and interviews by intelligence personnel were frequently reported to the
AIHRC. The removal of documents and membership lists from the offices of the All
Afghan Women's Union whose director Suraya Parlika is an active member of the new
National United Party (formerly associated with the communist People's Democratic
Party of Afghanistan) is a recent example of political harassment. Another was the
ransacking in November of the office of Palwasha Hassan, head of Rights & Democracy
(a Canadian sponsored NOD). Both women were delegates to the Constitutional Loya
Jirga.

37.In a country of massive unemployment, workers essentially have no rights at all.

There are only three trade unions in Afghanistan: the Central Council of National

•
Unions, the All Afghan Federation of Labour Unions and the All Afghan Federation of
Trade Unions. The first, established. during theSoviet era and still holding perceptions of
state organized unions, However, some
of its members were sent by ILO for external training. The other two seem to lack
understanding of the normal activities of a trade or labour union, but wilt receive training
in Kabul from the ILO.

38.A sharp increase in attacks and threats against Afghanjournalists _

_ was reported over the past six months. Death~
~ave created a climate of fear and as a result Afghanjournalists exercise self-
censorship even when working with internationally supported media. In June, the case of
Aftab journalists made headlines in Afghanistan and abroad. Editor Mahdavi and his
Iranian deputy Sistani were accused of blasphemy and defaming Islam, then arrested on a
warrant from the Prosecutor General coountersignedby President Karzai. Following a
strong reaction from the international community, the pair were released, pending trial.
The Fatwa department of the SupremeCourt had already given its verdict and Chief
Justice Shinwari declared that no attack against Islam should go unpunished. The
journalists' lives were threatened and there was a distinct possibility they could be given
the death penalty for suggesting that Afghanistan might benefit from having a secular
government. The journalists were given asylum in Canada and Norway. This incident
prompted the Ministry of Information and Culture to propose amendments to the 2002
Press Law (which had not yet been finally decreed) to make it considerably more liberal

•
by amending the reference to "insulting the sacred religion of Islam". The Amended

II

Nov. 14 , 2007 EV,OFAIT.OOO1.0009 11 of 25

 • Press Law has not been finalized, and in the interimjournalists exercise extreme caution,
producing for the most part only those sanitized versions of the news distributed by the
central government news agency.

B. ECONOMIC, SOCIAL, CULTURAL RIGIITS

Right to an adequate standard of Dving (UDHR 22,25)

39.Agriculrural production in Afghanistan is up for the first time in years which bodes
well for the 80010 of the population engaged in agriculture. The preliminary findings of
the Ministry of Rural Rehabilitation and Development 's 2003 countrywide National Risk
and v ulnerability Assessment (NR VA) indicated an improvementof the food security of
Afghanistan's rural population. At the same time, however, out of an estimated 16 million
rural Afghans, 3.2 million would not be able to meet 80 percent of their minimum food
requirements and they would be the main focus of cash-based national programs such as
the National Emergency Employment Program (NEEP) and WFP's food assistance
interventions. The highest proportion of those people were found in southern and eastern
parts of the country. Typically those districts were faced with insecurity, reliance on
underground water sources, extreme cold spells early in the agricultural season which
resulted in reduced yields. and limited off-farm employment opportunities.

4O.Security constraints prevented NRVA surveyors from assessing almost 200 villages of
Uruzgan, Zabul and Paktika provinces, which would have accounted for 10010 of the total

•
2,000 targeted villages. The survey also noted that a considerable part of the rural Afghan
population would not be able to meet basic needs, such as clean drinking water, access to
health services and education. Severe housing shortages were noted in Logar. Paktia and
Sar-i-Pul provinces. In the latter case. over 300 dwellings were destroyed without notice
. to occupants to make way for electricity pylons.

41.Kabul was reported to face the most desperate situation in terms of adequate shelter.
In Kabul, an estimated half a million inhabitants are still living in bombed out buildings,
underground tunnels and under plastic sheeting. Thousands of housing units have been
built in Kabul and the major cities by UNHCR, UN Habitat and bilateral donors, but the
demand from returning refugees and those moving from the countryside in search of
work continues to be great. This year 6,800 new dwellings were provided in Kandahar,
Jalalabad and Mazar with a $5.5 million grant from the Japanese government. Rental
costs have been inflated by the demands of the international community to the point
where even Afghans working for international organizations cannot afford to live in
central Kabut.

42.Access to health care for Afghans is minimal and the health situation is alarming.
particularly for women and children. An estimated 70% of medical programs in the
country are carried out by aid organizations, and the state infrastructure cannot function
without external assistance. Early 2003 UNICEF reports on health status ranked
Afghanistan among the worst in the world. War and conflict, food insecurity. limited .

•
access to safe water. poor sanitation, low education skills. poverty and a dysfunctional

12

NoY. 14. 2007 EV.OFNT 0001 0009 12 0125

 . . ... ._- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ...,

• health system contributed to the desperate situation. UNICEF supplied the following
estimates: maternal mortality rate 160011 00000 live births; infant mortality rate 165/ 1000
live births; under 5(U5) mortality 25611000 live births; life expectancy at birth 42.5
years; trained attendants at delivery - less than 15%; proportion US with stunting 40 - 60
%; proportion US with wasting 25%; anaemia US 50 - 60 %; anaemia in pregnant women
70010; measles death per annum 35000.

43.Almost half of all deaths among women aged 15 - 49 occurred as a result of

pregnancy and childbirth. The highest figure ever reported globally for matemal deaths
per I()()()()() live births was in Badakshanwith 6500/1()()()()().

44.A large proportion of illnesses and deaths are caused by preventable communicable
diseases, childhood respiratory infections and diahorrea. Piped water and sewage
networks are limited and in poor condition due to lack of maintenance and war damage.
Access to safe sanitation is limited. In rural areas, it is estimated that less than 10010 of
the population has access to sanitary facilities. -

45.On the positive side, the Minister of Health, herself a doctor, is recognized as being a
single-minded, dedicated professional unswayed by political factions. The government
has given full support to WHO, UNICEF and NGOs working in health care. For two
years in a row the government has given priority to the health sector in the national
operational and development budgets. UNICEF reported at the end of November: I I
million children in 2002 and 5 million in 2003 were immunized against measles; 6

•
million children in each year were immunized against polio (Afghanistan is one of the
last ten countries in the world where polio remains endemic), the refurbishment of two
Centres of Excellence in Maternal Health and the training of teams of obstetricians,
midwives, auxiliary midwives and female nurses to improve women's health; the
provision of health and hygiene education programs to 2 million children; and the
registration of birth (for the first time) of some 775000 children under the age of one.
The mortality rate from measles was down and tuberculosis control improved in 2003.

46. Afghanistan does not have a social security system. Laid-off government employees
demonstrate in vain for a small pension. The absence of a social safety net is a constraint
to rationalizing and downsizing the public service.

Right to seek work, [ust aad favourable conditions (UDHR 23,24)

47.The right to seek work is recognized. In the current Afghan context, employment
opportunities are scarce. The resources needed for normal economic activity have been
devastated. Part of the economy is criminalized, the Afghan private sector is only
beginning to open up, and few international investors have sought to challenge the big
risks involved. The main employers, apart from warlords, smugglers and drug dealers,
are the over-bloated state administration, the UN and international agencies. Most work
in agriculture, including the labour intensive poppy industry.

• 13

Nov. 1<1. 2007 EV_DFAlT 000 1 0009 13 of 25-

 • 48.By law, women are now permittedto work: but given the lack of employment
opportunities for both men and women, in practice men tend to be hired rather than
women. Other factors affecting the high unemployment rate for women are the lack of
security as well as negative attitudes of male family members and local mullahs
regarding women's work outside the home. Ismail Khan, Governorof Herat, _
d decreed the separation of males
and females in the workplace, a condition with which few employers are able to comply.

49.While the right to work, to equal pay for equal work, to just and favourable
conditions, to protection against unemployment, to just and favourable remuneration and
to form and join trade untions, to leisure, to reasonable working hours and to periodic
holidays are not disputed as rights, they are simply not attainable for more than a handful
of Afghans.

Right to eduealion (UDHR 26)

50.Primary, secondary and post-secondary education (added in the new Constitution) is

free in Afghanistan and there is a huge enthu siasm to attend school. Access to education
for both boys and girls is one of the biggest improvements in the field of human rights in
Afghanistan. The central government has made education (along with health) a priority
for the operational and development budget for two successive years. UNICEF reported
that 4 million children enrolled in school in 2003, the high est in Afghan history. Girl s'
enrolment (7 - 13 years) went from 30% in 2002 to 37% in 2003 , representing 1.2

•
million girls - and the boy-girl ratio reverted back to pre-Taliban times. Some 4000
young people out of school have been given vocational training. The illiteracy rate is
estimated at 80% for females and 50% for males, with only 3% of women thought to be
tmIy functionally literate.

51.Facilities are gradually being rebuilt and teachers trained, with 50,000 primary school
teachers trained in the past year. On the dark side , girls ' schools were burned, with most
destruction caused in Balkh, Ghazni , Logar, Nangarhar, Uruzgan,Wardak and Zabul
provinces. The Taliban in Kandahar, Paktia and Ghor provinces were identified
distributing leaflets in several areas threatening action against those girls who go to
school and advising parents not to send their daughters to be educated. In parts of the
country, girls over eight years are not permitted to go to school at all, while in other areas
there are no established girls schools. In some areas, women and girls are too afraid to
leave their homes.

52.Co-education is frowned upon and even prohibited in most areas. Chief Justice
Shinwari has called co-education "un-Islamic" and has demanded strict gender
segregation. In a resource strapped country, this means that young women are denied
education past the primary school level. In September, the government re-enacted an old
law banning married women attending high school classes with unmarried classmates,
meaning most married women who were denied a right to education under the Taliban
continue to be discriminated against.

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Nov. 14 , 2007 EV.DFAIT.0001,0009 14 of 25

 • Right to parttcipate in eultural Ufe of commnnity (UDHR 27)

53.There is no legislated prohibition against participation in the cultural life of the

corrununity as there was for certain ethnic groups and women during the reign of the
Taliban. Participation by differing ethnic and religious groups is informally governed by
the majority. Cultural and narrow religious definitions prohibit women and girls from
enjoying ..the arts" or participation in public events in general. Sometimes the cinema in
Kabul reserves a time for women, accompanied by male members of their family.

54.As an example of the divide between the conservative and modernist element, the
Ministry of Information and Culture recently lifted the ban on female singers and
replaced the conservative head of state-run Kabul Radio and TV. January 12, 2004
witnessed the first female singer in 12 years on TV (without a headscarfl). The Supreme
Court protested strongly, hut the Ministry held finn saying that the move was in line with
the equality of men and women under the new Constitution, even though it is not yet in
force.

55.IntelJectual property rights and similar legislation is not high on the judicial reform
priority list, but the Ministryof Justice reports it is on their agenda for the future.

C. EQUALITYIDISCRIMINATION (UDHR 2)

Freedom from discri mination

• 56.The Bonn Agreement calls for a transitional process to establish a broad-based,

gender-sensitive, multi-ethnic and fully representative government. Few would agree
that to be the prevailing case in Afghanistan, even though the central government cannot
be labelled discriminatory. Certainly there is no systematic discrimination on the basis of
ethnicity, although the competition for power and influence is heavily laced with ethnic
and religious undertones. The severity of discrimination depends largely on the personal
views of decision-makers. The new Constitution provides additional guarantees against
discrimination, and its implementation is expected to move Afghanistan closer to the
ideal expressed in the Bonn Agreement.

Respect for minorities and t heir human rights and treatment of indigenous people

57.With.so much attention placed by the international community on ethnicity in

Afghanistan, it is easy to lose sight of the fact that Afghans have a deep sense of
nationhood and regard themselves in the first place as Afghans. This does not mean that
etbnicity does not play an important role whenever a particular group considers that it is
socially or politically disadvantaged, as witnessed during the Constitutional Loya Jirga in
December when considerable negotiation resulted in the minority languages being given
official status in their areas of majority use. There are estimated to be about 20 different
ethnic groups in Afghanistan, the largest of which is Pashtun. Other major ethnic groups
are Tejik, Hazara and Uzbek. Smaller ethnic groups include Aimaq, Farsiwan, Turkmen,

•
Nuristani and Balouchi. Traditionally, the rulers in Afghanistan have been Pashtun

t5

Nov. 14, 2007 EV.DFAIT.0001,0009 15 0125

 • (mainly Sunni), with the Hazara (mainly Shia) most discriminated against. The Shia sect
was given rights under the new Constitution to have legal disputes settled by the courts
under the laws of their sect.

58.The average Afghan today will say that prior to the 19705 there was no overt
identification with or distinction among the various ethnicities. During decades of war,
all Afghan factions were believed to have used torture and massacred their opponents,
with fighting more often than not carried out on the lines of ethnicity. Ethnic minorities,
even the fairly large Hazara population in the central highlands, often switched sides for
their own preservation, depending on who appeared to be dominant. Memories are long,
and it may take some time for trust and confidence to be built among the various ethnic
groups, although the new Constitution is a hopeful start.

59.Intimidation and discriminatorytreatment of returning refugees and internally

displaced persons continued virtually unabated where minorities (e.g., Pashtun and
Uzbek in the north) attempted to return to their homes. The Tajiks faced similar
problems in the Hazara-laced central highlands. Land disputes are aggravated by the
absence of a functioning land registry system and dispute settlemen t mechanisms. In
many cases there are a number of different documents for the same piece of land, issued
by different rulers at different tim es: disputes may date back generations.

60.In March, for the first time in decades, the Shia in Kandaharpublica1ly celebrated
Ashura, a major Shiite holy day. To prevent intimidation from the Sunni majority who

•
regard as sacri legious the self-flagellation that is part of the ritual, heavy police
protection was provided by the authorities.

61.Loyalties lie with the fami! and the tribe, with ethnici
power and influence.
The central government, with the eyes of the world upon it, makes
serious attempts to consider ethnic balance in implementing the provisions of Bonn,
whether it be in reforming the Ministry of Defence or in making appointments to Bonn
Commiss ion The new Constitution
guarantees the pro ec on 0 mmort res, recogmzes e major language groups and
provides rights of religious practice to Sikhs and Hindus. Special attention will now
have to be paid to the revision oflegislation to ensure the provi sions of the Constitution
are reflected in the laws of the land .

Women's rights

62 . The UN Special Rapporteur of the Commission on Human Rights on Violence

against Women, Yakin Erteurk, reported to the 58 th Ses sion of the UN General Assembly
(2003) that some progress had been made over the previ ous year, but enumerated several
challenges which the government still had to overcome. In particular, she urged the
government to tackle impunity for perpetrators of violence against women, while at the
same time, highlighting the need for legal and judicial reform in line with international

•
standards promoting and protecting the rights of women and girls.

16

Nov, 14. 2007 EV.DFAIT.OOO1 .0009 16 0125

 •
64.Several workshops for women which included the Minister ofWomens Affairs
(Habiba Sarabi) and the State Minister of Women's Affairs (Mabbooba Hoquqmal),
along with a cross-section of women's organizations and legal groups, resulted in the
presentation of a single set of reconunendations on the draft Constitution to the
Constitutional Loya Jirga which, combined with successful lobbying, granted women
more rights than had been outlined in the draft. Women were granted equality with men
as citizens. The number ofseats reserved for women in the lower house of parliament
was increased from one to two per province, thereby guaranteeing women at least 64 out
of250 seats - or 25% - a figure higher than in most western democracies. Justice and
legal reform will have s wide-ranging impact on whether the Constitution ultimately gets
implemented, as well as on the practical extent of Afghan women's new found equality
under law.

• 65.Security is the primary concern of women. Returning female refugees have been
victims of abuse of late, especially at the Chaman border crossing from Pakistan.
UNHCR's protection unit established temporary shelters for vulnerable women and
children close to border entry points. as well as "safe protection houses" for refugee and
IDP women at risk in Kabul, Herat and Mazar. In addition to their concerns for personal
security, access to education (where they can only be taught by women) and health care
(where they can only be attended to by other women), restrictions of movement (without
a male family escort), forced and early marriages, and shelter/property rights are the
major discriminatory problems cited by women.

66.The main problems related to marriage, divorce, employment, access to justice,

inheritance and property must be addressed beyond the constitutional provisions, to be
reflected in the laws of the land. This is particularlyimportant in the criminal justice
system where women face overt discrimination, e.g., female victims of sexual violence
are still charged and punished for adultery. In another example, UNAMA recently
reported a case in Badakhshan where a 10 year old girl who had been raped was killed
by her father in the name of't'family honour" while both the father and the rapist remain
free. A conference on female suicide in Herat in October concluded that forced and
underage marriage, polygamy and family disputes were the root cause of the high suicide
rate among women.

• 17

Nov. 14 , 2007 EV.DFAIT.0001,0009 17 0125

 • 67.Women in Afghanistan were not included in the census exercise of the early 1970·s.
As a result most do not hold identity cards which exacerbates their treatment as ' non-
entities", Male relatives and local mutlas must testify to the bona fides of a women who
needs to be identified for official reasons, for example, obtaining a passport. Registration
of women as voters therefore presents a special challenge(andadditional expense): if the
men will not testify to a woman' s existence, she cannot be registered. In addition, in
most areas women can only be registered by women and cannot have their photos taken.

68.In the past year, especially the past six months, there have been increased attacks
against women actively participating in political life or working for foreign
organizations. There are great disparities in the treatment of women in various parts of
the country, with the central highlands (mainly Hazara Shia) being the most liberal, as
witnessed in the voter registration rates, i.e., in the more conservative Pashtun belt,
registration of women is TOughly 11 ~ 15%, while in the central highlands it closer to 50%
of all registrants.

69.Harrassment is carried out in may different ways. Examples include delivering

pamphlets threatening women working for women' s rights in Logar province and not
allowing women to participatein Constitutional Loya Jirga elections in two districts of
Parwan province. Public statements by the Council ofUlema (religious scholars)
regarding women working for foreign NGOs, and by Chief Justice Shinwari regarding
women travelling, are intimidating and hence create obstacles for women's meaningful
participation in society. The Taliban resurgence in the south and southwest threatens to

•
impose ultra-conservative Islamic views harmful to women and the families of women
who venture out of their homes or send their daughters to school. As an example, a
nightletter signed by "T aliban ofLaghman province" last October requested mujahidin to
resume their holy war against Americans, warned Afghans against working with aid
agencies, and stressed that women working for foreign agencies would face the death
penalty.

70.The international community has been sensitive to the particular needs of women and
girls. and has incorporated human rights, particularly women's rights. in training
programs for the justice sector. Civil society groups called for more attention to be paid
to including training on women' s rights in the curricula of the security forces to sensitize
police, military and prison officials to the rights of women.

In 2003, both Amnesty International and the AIHRC called for more
women to be recruited and trained to serve in active policing, not just for security checks
of women at the airport. They further recommended that sections in police detachments
be set aside to serve women.

. , ,
, '- , p y gar, gh

•
has served to share information and ensure gender sensitivity in donor assisted programs.

18

Nov. 14 , 2007 EV.DFAIT.OOO1.0009 18 0f 25

 • Children's rights

72.Children, comprising nearly half the population of Afghanistan, have been the most
severely affected by decades of war and upheaval. They remain vulnerable and at high
risk as destitute parents send them to streets, factories, smugglers and militia in search of
income. Young boys continue to be recruited to arms and traded by military
commanders for sexual gratification. Girls are being given away in marriage at an earlier
age (before puberty) than they were before the war years, mainly to pay debts and settle
disputes. The number ofstreet children in Kabul is estimated at 50,000 and in Mazar the
number has quadrupled in the last two years to about 5000.

73.Children work long hours in cold and hazardous conditions for little but their food.
Carpet weaving, cement factories and constructionsites are common areas of
occupation. In January UNEP released a post-conflict environmental assessment which
in its chapter on public facilities and industrial sites revealed the prevalence of child
labour in hazardous conditions. In particular, the Zhora Plastic Recycling/Shoe factory in
the centre of Kabul was found to be relying totally on child labour, employing 20
children in two shifts that maintain output 24 hours/day. The children work without
protection, enduring constant overexposure to chemicals including at the end of their
shift period when they sleep at their machines.

74.The government is poorly equipped to provide for orphansor children disabled by

•
landmines, though ministries involved in protecting children show serious interest in
improving the situation. UNICEF believes it may still be too early to undertake a
complete assessment of the situation of children in Afghanistan, though it has actively
worked with the government to improve the condition of orphanages, as well as with
WHO on health care needs of children and several other problem areas for children.
UNICEF has also worked with the Ministries of Interior and Justice to improve the lot of
juvenile offenders, includi ng the establishment of an open rehabilitation facility in Kabul,
and to improve the legal framework related to children including an overview of the
compatibility of existing laws with the Convention on the Rights of the Child.

7S.The recruitment of child soldiers is reportedly to continuing in certain areas, often by

the use of force. Regional and local commanders, especially in the north, are most often
cited as responsible. On January 30, the UNSC adopted a resolution on children and
armed conflict. Among its provisions, the UNSC called on parti es to armed conflicts in
Afghanistan and other countries to provide infonnation on steps taken to end the
recruitment or use of child soldiers. Afghanistan is a party to the Convention on the
Rights of the Child and in September, in compliance with the UNSC resolution, ratified
the Optional Protocol on the Involvement of Children in Anned Conflict.

76.The DDR program has a special section devoted to the re-integration of child soldiers
though education and vocational training as well as training them to be advocates in
schools to build awareness on the dangers of anti-personnel landmines and cluster

•
bombs. While special counselling is needed for child soldiers, it is not readily available

19

Nov. 14 , 2007 EV.DFAIT.OOO1.0009 19 0f 25

 •
in Afghanistan. Save the Children - Sweden assisted in Gardez and UNICEF operated
two pilot projects directed at child soldiers - one in Taloqan and the other in Kabul. The
pilots were integrated with the UNICEF program for young people which includes
vocational training, literacy and educational subjects in an out of school environment. In
2004, the UNICEF project aims to demobili ze 5000 child soldiers and provide
reintegrati ng support to 10000 war-affected children, including chi ld soldiers, street!
working children, and returnee children in selected areas.

77.More awareness was raised in 2003 on the problems of child trafficking, though data
was still case specific and there was no overall assessment of how extensive the problem
is in Afghanistan. The US State Department classifies Afghanistan as a country "with
significant trafficking problems and with no government efforts to tackle the problem".
The problem of child trafficking was lim brought to ligbt in October 2002 by Dr. Asma
Jahangir who reported that Afghan children were subjected to murder or mutilation for
their body parts to be used as transplants in some of the wealthier Muslim nations, and
that children were taken from Afghanistan for the international sex trade. The AIHRC
Child Protection unit reported 332 cases of known child abductions in 2003 and stated
that on average 5 children are reported missing every week in the province of Kandahar
alone.

78.With several cases of kidnapping and trafficking of children as young as four years
investigated in the northeast, an organized ring was finally uncovered in November. In
the first week of November two cases were discovered in Takhar involving 26 young

•
boys and 8 traffickers who were detained. Unfortunately, lack of facilities and resources
prevent the local authorities taking care of the needy children, 17 of whom were detained
in the same facility as their traffickers. The children were reportedly in very poor shape.
Several said they had joined with the permission of their parents hoping they could earn
more money in Iran or Pakistan. Central and local authorities in Takhar, Badakshan and
Konduz along with NGOs have cooperated with the AIHRC, UNAMA and UNICEF to
prevent recurrence of this atrocity through mechanisms such as special policing and
awareness raising workshops conducted in the northeast and Kabul for police, frontier
guards, and officials of the Ministries of Justice, Women' s Affairs, and Interior as well
as the Kabul Juvenile Court. A Commission for the Prevention of Child Trafficking was
established in November under the auspices of the Ministry of Labour and Social Affairs.
79.The local media reported widely on the return of 42 children from Saudi Arabia in
October. Saudi officials have apparently found over 200 children who will be repatriated
to Afghanistan. A further group of20 children (originally from Baghlan province)
arrived unnanounced and in poor condition (without even shoes) at the Kabul airport on
December 4, after having been arrested and detained for some time in Jeddah.

80.Child drug addiction is another problem area which surfaced in 2003. The problem is

•
especially prevalent in several districts of Herat where UNAMA, UNICEF, WHO,

20

Nov. 1<1. 2007 EV_DFAlT 000 1 0009 ,.""

 •
AIHRC and local authorities are trying to grapple with the problem, given there are no
local facilities to assist child addicts. The UNODC office being established in Herat will
apparently focus mostly on addiction, demand reduction and building enforcement
capability in the police force .

Rights of persons with disabilities

81.A 2002 UN survey indicated that about 2% of children are disabled by birth defects,
polio or landmines. Disabled children face reduced economic and marital opportunities.
Theytaketo begging and face exploitation on the streets. Theyare, like their adult
counterparts, for the most part without access to physical treatment or social assistance.
Male adults with war disabilities are marginally better offwith access to the programs of
the Ministry of Martyrs and Disabled. The UN is working with the authorities on the
Comprehensive Disabled Afghans Program to establish policy and programs which will
provide subsidies and create vocational training opportunities particularly for anti-
personnel land mine accident victims. There is special mention of the rights of the
disabled in the new Constitution which will do much to provide a legal basis for non-
discrimination. On the eve of the Constitutional Loya Jirga, President Karzai appointed
two disabled persons as delegates.

Rights of gays and lesbians

82.With the annulment of all Taliban decrees, homosexuals are no longer publically

•
punished. Homosexuality is however still a taboo subject in Afghanistan,

III.CANADIAN REPRESENTATIONSIINTERVENTIONS

Summary of representations/demarches

83.Unfortunately. Canada has not made any official representation to the Afghan
government on human rights.

The case in question was that of a person sentenced to

death by the Supreme Court but whose identity had not been independently verified and
whose trial in October 2002 was considered by international observers to have been
severely flawed. There was considerable pressure on the President from a particular
faction to sign the death warrant.

Summary of Canadian programs and activities in support of human rights

• 21

Nov 14. 2007 EV OFAIT OOO1 .000 9 210r25

 •
84.Through the C anadian International De velopment Agency (CIDA), Canada has
provided much neededhumanitarian assistance , large-scale national budget support and
funding for the work of UN agencies in Afghanistan related mainly to supporting
Economic and Social Rights of the UDHR. Direct support for human rights, democratic
development and good governance (HRIDD/GG) as well as the establislunent of rule of
law and security secto r reform, did not figure as prominently in 2003 assistance. The
majorityof non-humanitarian assistance was provided directly to the Afghan
government's social, econom ic·and rural development programs (in accordance with the
ATA 's preference) through World Bank and UN Trust Funds. The AT A is most
appreciative of thi s assistance. While administratively more efficient, utilizing thi s
delivery method for the so fter side of reconstruction, i.e., HRIDD/GG, does not allow for
the application of Canada's particular expertise and well-known advantage.

85.Several important HR/DD/GG oriented programs started in 2002 were continued in

2003 with additional financial assistance, most notably: elections preparations with the
supply of voter registration kits to the Jo int Electoral Management Body through IFES ;
the Constitution Conuniss ion Secretariat through UNDP; the establishm ent of women's
radi o stations in the regions and journalist training through the Canadian NGO, IMPACS;
support for women's human rights activists through Rights & Democracy, a Canadian
INGO which reports directly to Parliament; seminars to create a roadmap for recruiting
and training more femal e police offi cers , to establish standard police operating policies
and procedures and to build awareness on democratic policing with chiefs of police
through CANADEMICANPOL; community participatory development through the Aga

•
Khan Foundation of Canada; and the provision of security sector advisors to UNAMA
(military, police, corrections). To help provide a secure environment, support was
continued for humanitarian mine-action, including for the UN 's Comprehensive Disabled
Afghans Program, and an increased allocation was made for DDR.

86.Canada' s largest and most noteworthy contribution to Afghanistan is currently in the

area of security, where the contribution of nearly 2000 troops to ISAF is a clear and
stro ng demonstration of Canadian support for "protect ion of physical integrity and
security of the person". Without a secure environment in Kabul, the central govenunent
and its institutions cannot functi on. The challenge now is to expand the atmosphere of
security in Kabul to the rest of the country.

Ideas/suggestion for areas where Canada could help improve the human rights
situation in the context of Canada '5 foreign policy interests

87.Canada's greatest contribution to improve the human rights situation in Afghanistan

could be made on the securi ty front. Co ntinuing with the Canadian-led initiative on the
cantonment of heavy weapons in Kabul, and encouraging the govenunent to speed-up
heavy weapons cantonment in Mazar and to initiate the process in other areas of the
country such as Herat and Kandahar, will do mu ch to curtail the intimidation Afghans
suffer from major warlords and alleviate their fears that they will again be caught in an
upsurge of violence between warring factions. Canadian ass istance should continue for
Disarmament, Demobilization and Reintegration (DDR), both on the diplomatic front to

• 22

Nov 14,2007 EVOFAITOOO1 .0009 220r25

 • address the major challenges which came up in the pilot phase and in providing funding
for the full DDR program. Considerationshould be given to providing military personnel
to the DDR International Observers Group which would help to ensure that the Ministry
of Defence maintains the required momentum. Embedded Canadian military trainers in
the US-led initiative to train the new Afghan National Army could emphasize the human
rights dimension in soldiering. A more integrated approach reflecting Canada's 3·0
values would be useful in the field of disarmament.

88.Moving the Canadian military engagement in the international security force from
Kabul to the provinces by contributing military personnel to Provincial Reconstruction
Teams (pRT) or taking the lead of a PRT in one of the more difficult security areas in the
south and south east, would help to provide a secure environment for the operations of
the central government and the reconstruction work needed in the provinces. PRTs are
having a significant impact on ending the impunity with which warlords, druglords,
commanders and corrupt officials operate. More direct human rights assistance could be
provided to the AIHRC and to the central government's judiciary services and policing in
the same area.

89.On the policing front, providing technical assistance and funding for Ministry of
Interior reform, which could also include improving police administration, the image of
police as community workers, policing in the provinces, standardized policies and
procedures with embedded human rights provisions and police training is another
possible area and one which Canada has studied in depth. Our scattered approach to date

•
and the long time lags between the visits of Canadian police personnel have damaged
Canadian credibility in this field. It is therefore recommended that any continuation of
assistance in this field be carefullytargetted and have a distinct Canadian identity. Some
suggestions include: police women training and establishmentof female units within
detachments, interdiction in the areas of child/women and/or drug trafficking, supply of
equipment to be used in gathering evidence aking-on the
training component of the US effort to establish provincial policing, or perhaps the
training of policewomen within the US program.

90.At the governancelinstitutionallevel there are several possibilities for intervention on

the diplomatic front ranging from efforts to encourage an overhaul of provincial
governance and public administration to monitoring the implementationof the provisions
of the new Constitution through the reform or establishmentof the requisite laws and
procedures. Every opportunity should be taken to raise human rights concerns in a
generic way as well as advocate action on specific cases with authorities. For example,
Afghanistan has signed the UN Convention against Transnational Organized Crime but
not yet ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children - this should be encouraged. A human rights briefing
should be given to all visiting ministers and senior officials and talking points included
for their agenda with the ATA.

9l.Direct and research assistance could be provided through direct funding or the

•
provision of teclmical assistance, such as that proposed for the demobilization and

23

Nov 14, 2007 EV OFAIT OOO1 .000 9 23 of 25

 •
reintegration of young combatants, and the continuation of CIDA funding for Rights &
Democracy, DOR, Elections preparations, Judicial reform and Police reform . Given the
already substantive funding provided through the Human Security Program and CIDA
for the AIHRC, projects, seminars and workshops related to human rights , particularly
gender issues, it is timely to consider an evaluation of the impact and any follow-through
action that was taken by the ATA as a result of this assistance. Consideration could be
given to providing assistance to the AlHRC' s workplan for 2004. The AlHRC has
specifically requested support for its sate1lite offices and for strengthening its relationship
with human rights institutions in the region e.g., the Asia Pacific Forum of National
Human Rights Institutions whose membership consists of human rights commissioners.
External technical advice has been requested on women's rights, child protection.
management training, training for the Media and Publications section and the newly
established Research and Policy Section, and advice on the Commission's security
systems. Canada could also take the lead in championing injectin of transitional justice
considerations into current reform programs, perhaps by financing pilot projects in key
regions.

92.Canada should continue to lobby its partners in the UN to ensure that human rights
issues in Afghanistan remain prominent in Third Committee and the UN Human Rights
Commission, and that the ATA be beld accountable for demoostrating progress in
implementing the provisions of the various human rights instruments to which it is a
States Party. A list of applicable international instruments which have not been reported
on by Afghanistan is included below. Assistance to the Ministry of Foreign Affairs, UN

•
Division in fulfiIJing its reporting requirements would be well received.

93.Afghanistan is Party to the following international human rights instnunents:

United Nations Charter. with its human rights provisions

Covenant on Civil and Political Rights
International Convention on the Elimination of An Fonn s of Racial Discrimination
Convention on the Elimination of All Forms of Discrimination Against Women (signed
1980, ratified 2003)
Convention against Torture and other Gruel, Inhuman or Degrading Treatment or
Punishment
Covenant on Economic, Social and Cultural Rights
Convention on the Rights of the Child, the Optional Protocol on the Sale of Children,
Child Prostitution and Child Pornography (with reservation "The Government of the
Republic of Afghanistan reserves the right to express, upon ratifying the Convention,
reservations on all provisions of the convention that are incompatible with the laws of
Islamic Sharia and the local legislation in effect) and the Optional Protocol on the
Involvement of Children in Armed Conflict (ratified in September 2003).
Convention on the Prevention and Punislunent of the Crime of Genocide
Rome Statute of the International Criminal Court (signed and ratified 2003)

Afghanistan has signed but not ratified the Convention against Transnational Organized
Crime and the Vienna Convention on the Law of Treaties. Afghanistan is also a State

• 24

Nov. 14, 2001 EV.DFAIT.OOO 1.0009 24 of 25

 •
Party to the ILO conventions tOO on Equal Remuneration, 104 on Abolition of Forced
Labour and Ili on Discrimination in Employment and Occupation.

94.In conclusion, it is clear from this report that human rights should remain a visible
dimension of every major fonn of engagement Canada undertakes in Afghansitan. As
ourpriorities move from emergency humanitarian and budget assistance to institution-
buildingand good governance, this principle will require sustained attention to the
security, disarmament, education, health and work. agendas. especially outside of Kabul.

Prepared: Eileen Olexiuk (GSRP)

Consulted: Nipa Banerjee (C IDA), Peter Marshall (MCO)
Approved: Christopher Alexander (HOM)

January 17, 2004

• 25

Nov. 14,200
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 • AFGHANISTAN - 2004

GOOD GOVERNANCE. DEMOCRATIC DEVELOPMENT AND HUMAN RIGHTS

CONFIDENTIAL -CEO

I OVERVIEW

The year 2004 started on a high note for Afghanistan with the adoption in January of the first
democratic constitution since 1964. Chapter 2, The Fundamental Rights and Duties of Citizens, sets
out several human rights provisions introduced for the first time, e.g., the first-ever recognition of
minority languages and the ethnic groups which make up the nation, recognition of the equality of rights
and duties for men and women, assistance for the descendants of those martyredduring the decades of
war, and other special groups: the disabled, elders, women without caretakers and orphans. The
Constitution commits the State to abide by the UN Charter, the Universal Declaration of Human Rights
and all international treaties and conventions to which Afghanistan is party. An embassy comparative
analysis of the provisions of the Constitution and those of international human rights instnunents
concluded that most of the Chapter 2 articles are subject to "the provision of the law". In some cases
laws currently on the books are in direct contradiction to the provisions of the Constitution, in other
cases the laws are ilI-defined or non-exi stent. Chapter 12 "Transitional Provisions ' calls for decrees on
the structure and authorities of the courts and basic administration structures within one year,

•
implementation of the reform of the executive and judiciary, and adoption of necessary measures for
preparing the ground for enforcement of the provisions of the Constitution. A year has passed, and
little has changed. Legal. judicial, and overall justice sector reform are mandatory to advance the
democratic principles and hwnan rights provisions of the Constitution.

2. The Constitution provides for the establishment of an Independent Human Rights Commission which
will put the current Afghan Independent Human Rights Commission (AIHRC) on a permanent footing.
Its mandate expires with that of the Bonn Agreement. Awareness of human rights has reached an all-
time high in Afghani stan due primarily to the work of this fiercely independent Commission. The
AIHRC has been subject to criticism and attacks
Most recently, former mujahideenwho led the j ihad, destroyed Kabul, and ousted the
Taliban, have labelled the AlliRC a
"co mmunist" organization for its publication of a survey of Afghan opinion on addressing past war
crim es, crimes against hwnanity and gross hwnan rights abuses (transitional justice). The AlliRC faces
two immediate constraints: (a) the loss of capable commiss ioners to government appointments,
without readily identifi able replacements, and (b) threats of violence as a result of their recent work on
transitional j ustice.

3. AIHRC's capacity to investigate alleged abuses is limited,

The Commission says it has currentl y over 2600 cases on its

•
Nov. 14, 2007 1 01 18
 • Humanrights offencesin Herat received the most attention in 2004, startingwith an in-depth
investigation of the high levels of female self-immolation. The report was refuted by then Governor
Ismael Khan. AIHRC also investigated the effects on civilians of fighting between rivals Amanullah
Khan and Ismail Khan in the Shindand area of Herat. Bodies were discovered that had been beaten,
skinned and beheaded. The Herati offices of AIHRC were sacked and documents looted during the
violentdemonstrations in October 2004.
Heratis report a much more permissive environment. Other provinces

_ cases
have not yet been quite so fortunate.

4. have been lodged against the US-led Coalition includingtortureand death in

detention. As in 2003, tribal elders continue to take their complaints to the Palace. In 2004,
delegations from the provinces started to report their plight to diplomatic missions in Kabul as well
(including to the Canadian Embassy), asking that foreign representatives intervene with their American
allies. Dr . Samar, Chair of AIHRC, has several times tried to resolve this problem with the Coalition
and to gain access to detainees in the main base at Bagram, and at forward operating bases and smaller
firebases throughout the country, all to no avail. The Chief Justice of the Supreme Court recently
complained officially to UNAMA about detentions of Afghans by the Coalition for several months
without trial. Some died in custody (always of natural causes), others were released without
explanation.

Independent Expert on Human

• Rights, CherifBassiouni, has twice highlighted the abuses carried out by international military forces.
NATO/ISAF forces are often tarred with the same brush.

6. The second most significant event in 2004 paving the way toward good governance and democratic
development, following the adoption of the Constitution, was the installation of the first ever directly
related President. The higher education provisions for Cabinet called for in the Constitution allowed
President Karzai to appoint a more politically balanced cabinet, including 2 women: Minister of
Women' s Affairs and Minister of Martyrs and Disabled. A third woman was appointed to a newly
created portfolio for Youth.

•
Nov 14, 2007 EV.DFAl T.OOO10013 2 01 16
 • 7. With the exception of a handful, officialswho do not support the govermnent's reform agenda_
emain in place or have been

ivil societyand the more democratically leaning

political parties have statedthat illegal activities and abusivepower should not be legitimized through
govenunent structures.

8.
• iiiiiiiiiiiiiiiiiiiiiJlearly, the wrong people in places of authority has the potential to
undermine the very good work of national programs put in place in 2004 by reform- minded ministers
backed by the President. These national programs focus on social and economic rights, seekingto
empower people at the village level, to develop the most devastated areas, to provide immediate
employment on larger reconstruction projects or to make district and provincial administration more
transparent and accountable.

•
10. As reported last year, the central government does not yet have the ability to provide security for
its people. It remains incumbent on the international community to muster the political will and
resources to extend international military forces beyond Kabul in support of the govenunent. Despite
repeated appeals from the government, the AIHRC and the UNSG over the past two years, the
international community has yet to mobilize adequate and robust resources. The human rights and
governance situation in the provinces continues to deteriorate. The Provincial Reconstruction Team
(PRT) concept bas not fulfilled the security expectations oftbe Afghan people.

11. Transitional justice was the third major element on the good governance, democratic development
and human rights agenda in 2004. Over the course of the year, Human Rights Watch, the Afghan
Justice Project (funded by the Open Society Institute), the Office of the High Commissioner for Human
Rights and the AIHRC initiated mapping exercises of periods when war crimes were alleged to have

•
been committed and conducted surveys of Afghan attitudes to past crimes against humanity and gross
human rights abuse.

Nov. 14, 2007 EV .D FAIT.OOO1.oo13 301 18

 • 12. Little progress was made in reforming the justice system in 2004. Capacity-building programs for
lawyers, judges and prosecutors were initiated in preparation for the day when the system itself begins
to function. However, there is no strategy yet in place to reform the three permanentjustice institutions:
Ministry of Justice, AttorneyGeneral. Supreme Court. The legislative review remains in limbo, not
even the 1976 Penal Code has yet been revised. The AIHRC convened a group of legal scholars to
complete a review of the Penal Code using the back drop ofintemational treaties and conventions to
which Afghanistan is State Party. AIHRC found that various crimes such as women and child
trafficking were not included, others crimes were ambiguously defined and there was no balance
between "crime and punishment", e.g., one could be executed for cutting a telephone line, but selling a
girl to settle a dispute would net a maximwn of two years incarceration.

13. The human rights capacity in UNAMA improved somewhat in 2004, but there is still only one
international officer in Kabul headquarters. After more than a year vacant, UNAMA finally filled the
Gender Adviser position in November 2003 but throughout 2004, individuals did not stayed in position
longer than six months. The situation is worse in the regional offices where only a few internationaJs
occupy human rights positions. The Political Officers who elso head the UNAMA field offices were
generally not trained or experienced in human rights issues. Human rights monitoring and support for
AIHRC investigations were added to their many other responsibilities. The government, with AIHRC

• support, established human rights units in various government departments (Women's Affairs, Foreign
Affairs, Mines, Energy, Labour, Information and Culture, Rural Development), and most notably, the
Ministry of Interior, including Provincial Police Detachments.

14. Programs for good governance, rule oflaw and poverty alleviation, the key elements to improving
human rights and bringing about the democratic developmentof Afghanistan, were initiated but
remained sorely under-developed throughout 2004.

II. STATE OF INTERNATIONALLY RECOGNIZED RIGHTS AND FREEDOMS

A. CIVIL AND POLITICAL RIGHTS

Physical Integri ty and Security of the Person

I. Political repression, human rights abuses and criminaJ activity by warlords, police, militia and
remnants of past Afghan military forces are of the most concern to the Afghan people.

•
Nov 14, 2007 EV.DFAIT.OOO1 .oo 13 4 of 18
 • 2. The monitoring reports of AIHRC state that torture continues to take place as a routine part of
police procedure, particularly at the investigation stage in order to extort confessions from detainees. A
recent example is that of Qajkol, arrested by Kabul police following the abduction of three UN
workers in late October 2004, who died while in police custody. AIHRC investigated and concluded
that Qajkol died as a result of police torture, while the Ministry of Interior's investigation cited "death
due to natural causes". Qajkol's five year old son interviewed by the media following Qajkol's death in
custody said, "Somebody had taken out my father's finger nails".

3. Many districts remain insecure because of violence caused by factions

Medecins san frontiers (MSF) pulled out of Afghanistan after five employees were killed
in Badghis in June 2004. MSF blamed continued lack of security created by Coalition operations in
Afghanistan and the inability of Afghan authorities to provide security for humanitarian work. The
investigating Commission has yet to make its report pub lic . No arrests have been made although the
perpetrators are allegedly well recognized. The findings of government-appointed Commissions are
rarely shared.

4. The UN Independent Expert on Human Rights in Afghanistan, CherifBassiouni, publicly denounced

widely reported Coalition (US) tactics in extracting information from detainees, citing beating causing

•
bodily harm, forced nudity and public embarrassment, sleep deprivation and sensory deprivation.
US detention centres are not open to inspection, ere
is no way of ascertaining the authenticity of these egations. eptern er , US Army criminal
investigators are reported to have recommended that _ US soldiers would face criminal

7. The AIHRC repo rted on the June 2004 extrajudicial beheading ofTaliban prisoners by the Afghan
National Army (ANA) following the beheading of an interpreter and a soldier by alleged Taliban
guerillas. The AIHRC appealed to Afghan authorities to initiate an immediate investigation. No action
has yet been reported.

8. Afghans are frustrated by the perceived continued lack of interest from the central government in
their personal security and integrity

•
Nov 14. 200 7 EV.DFAIT.OOO1 .oo13 SOl 18
 • Rule of LawlDue Process

9. The new Constitution of Afghanistan, adopted in January 2004, prohibits the unlawful pursuit, arrest,
detention and torture of people, guaranteeing them due process oflaw. Independent experts and
officials praise the Interim Criminal Procedures Code adopted in 2004 to govern the prosecution and
courts, but lament the application of the 1976 unrevised Penal Code. Police explain that when a person
is arrested. he/she is handed over to a prosecutor after 24 hours in custody. The Attorney General's
office reports that after the necessary paper work is completed, the accused is then summoned to a
court ofl aw. Many
arrests are made by the National Directorate of Security (NOS),
The NDS has resisted all efforts to take away its
powers of arrest and detention.

10. There is no equality before the law in Afghanistan. Those who have money.Jinks to influential
govenunent officials and warlords are presumed innocent even before they enter a court of law. Those
who have no money or power are considered guilty and can remain in prisons for months and possibly
years. The majority of women detainees are held for "sexual" crimes such as escaping abusive
husbands, but would rather stay in jail than return home.

Corruption is widespread in all government institutions. The AIHRC which

•
monitors human rights violations in the judicial system reported that individuals are often arrested and
detained without cause by district attorneys. For example, in Panjshir province. the district attorney held
four people in prison for 45 days with no evidence of a crime. Prisoners were sometime held for a year
or more before the court issued a ruling on their case. Depositions were often decided by bribes.

12. To its credit, the Ministry of Justice cooperated with the AIHRC in installing complaint boxes in
prisons. A full investigation by AIHRC concluded that prisons conditions were of sub-human standard..
Prisoners suffer from overcrowding, lack of food and clean water. In Parwan for example, prison
water was stored in an open pool for washing and drinking. Prisoners were routinely denied medical
care. Female prisoners gave birth in detention and kept their children with them. Abuse, delays in case
hearings, and lack of legal representation were common complaints. Bassiouni called on the authorities
to direct their attention to correcting these gross inadequacies and to investigate secret NDS detention
centres.

13. On a positive note, 734 Pakistani and Afghan prisoners held in Shiberghan prison since late 2001
and then transferred to Kabul's substandard Pol-e Charkhi prison in 2004 were released following a
direct intervention to President Karzai by Bassiouni during his visit in August 2004.

14. The April 2004 Berlin Declaration says, 'The Government is committed to the continued
development of a system of governance based on the rule oflaw and the promotion and protection of

•
the human rights of the Afghan people in order to reinforce national unity, as laid down in the Afghan
Constitution. The Government is committed to strengthen the institutional and organizational

Nov. 14. 2007 EV,OFAIT,OOO1 0013 6 of 18

 • mechanisms that will translate these rights into practice." The commitment remains unfulfilled.
PoliticalfDemocratic Rights and Freedoms

15. The opportunity to express political opinion and criticize government through the media advanced
in Kabul, but people still do not enjoy full freedom of expression and association for fear of reprisal,
particularlyin the provinces where commanders and warlordsrule,
• • • • • •IIIiIFree press and media is still a distant reality outside of Kabul.
16. Intimidationofjournalists and government officials in the Ministry of Information and Culture
continued For example, the home of former
Deputy Minister of Infonnation and Culture, Abdul Hamid Mubarez (instrumental in encouraging free
media) was broken into and his familythreatened. In the north, a journalist trying to sell a video
recording some of General Dostum's atrocities to a foreign broadcaster

17. On a positive note, three private television channels were established in 2004 which offer mainly
cultural entertainment. The networks belong to Dostum and to two former jihadi personalities Ahmad
Shah Ahmadzai (Sayyaf associate) and former Minister of Commerce, Sayed Mustafa Kazemi. Non-
cultural programs are used to promote the status of their owners.

18. Freedom of expression through dres s is discouraged for women especially outside Kabul. A

•
Hazara Kabul university student was shot dead by NOS agents for delaying in getting a haircut. He
explained his part time job as an actor, saying he would cut his hair when filming concluded. NOS
warned him that only Panjshiri NOS agents were permitted long hair. The killer is still at large. Some
students said that the NDS agent who killed the student was related to the former Minister of Defense
Marshal Fahim. Media reported that Kabul university students were unable to assemble in large groups
for fear ofreprisal from NDS . Pashtun students complained of constant intimidation and being labeled
as Taliban and AI Qaeda byNDS agents when they attempt to speak up against lack of proper
education facilities.

19. For the-first time in Afghan history, people exercised their right to register as voters and vote in the
first ever direct presidential elections held October 9, 2004 . Some 50 aid and registration officials
were killed before the presidential election, still 10 million were registered and 70% of those braved the
threats of Ta liban and warlords to exercise the right to choose their leader. About 40% of voters were
women.

20. In June 2004, the AIHRC in collaboration with UNAMA, and as called for in the Berlin
Declaration, launched a political rights verification exercise with a view to ascertaining the situation of
political rights in different provinces of the country; making appropriate recommendations to the
authorities; and thus helping to create an environment conducive to free and fair elections. The first
report of the political rights exercise provided general trend s and reported self-censorship and mapped
out the types of violations that con strain the exercise of political rights in each region . Subsequent

• reports said that local govenunent officials and armed commanders did not understand or deliberately

Nov 14,2007 EV.DFAIT.OOO1 .0013 70118

 . ' ignored political rights.
21. The first ever Political Parties Law saw over 80 political parties apply for registration of which 50
qualified to register with the Ministry of Justice. In major cities political parties were able to hold
gatherings and address political issues, but the more democratic parties were only able to do so safely
with internationals present. Democraticallyleaning parties have tried to have a bigger say in the 2005
national assembly elections by recommending amendments to the Election Law.

22. Civil society organizations are strong in Kabul and in some major cities. They were instrwnental in
public education for the elections but still found it difficult to have an impact on the lives and attitudes of
Afghans and impossible to.influence government decisions. Kabul media reported civil society offices
attacked by former mujahideen in the police force, in an attempt to intimidate and stop their awareness
building activities.

23. As Afghanistan was being rebuilt, the construction industry offered the most employment. There
are no visible trade unions in Afghanistan. One of the reasons may be that Afghans relate trade unions
to those forced upon them by the former communist regime. Credible trade unions could find it difficult
to emerge for some time to come.

B. B. ECONOMIC, SOCIAL, CULTURAL RIGHTS

•
(NOTE: For a complete description of the degree to which Afghansmay exercise their rights in most
of the seven categories below, refer to the first ever UNDP Afghanistan National Human Development
Report, 2004: Security with a Human Face. partially financed by the Canadian International
Development Agency.)

Right to tbe highest attainable standard of physical and mental health

I. As reported last year, a large proportion of illnesses and deaths are caused by preventable
communicable disease. childhood respiratoryinfections and diarrhea. Piped water and sewage network
are limited and in poor condition due to lack of maintenanceand war damage.

2. Life expectancy for Afghans is 44.5 years at birth, far less than the life expectancy of any of
Afghanistan's neighbours. Afghanistan's infant mortality stands at 115 per 1,000 live births as compared
to 99 for the least developed countries. One out of five children dies before the age of five - one of the
highest rates in the world - from diseases that are 80% preventable. Vaccination programs against
measles and other childhood diseases are improvingand efforts are underway to distribute anti-malarial
medication in at-risk areas.

3. An estimated one third of the population suffers from anxiety, depression or post-traumatic stress
disorder. Some 39% of the population in urban areas and 69% in rural areas do not have safe water.
One in eight children die because of contaminated water. One woman dies from pregnancy-related

• causes approximatelyevery 30 minutes. Maternal mortality rates are 60 times higher than in industrial

Nov 14, 2007 EV.DFAl T.OOO 10013 8 01 18

 • countries. Seventy per cent of an tuberculosis cases are among women.

4. Somehospitals in Kabul and provincial centres were rebuilt and equipped with international
assistance. Many people have no access to proper medical facilities in rural areas and most are many
kilometers away from a clinic. Clinics and hospitals are in poor condition, doctors are poorly paid and
most are not qualified. Hygiene conditions are poor in most clinics and hospitals.

Rights to an adequate standard of living

5. Food shortages are a common factor. Afghanistan is one of the poorest countries, not only in its
region but also in comparison to the poorest countries in Africa. Afghanistan is ranked 17S th out 178
countries in the human development indicators. Oneof two Afghans can be classified as poor. A
calorie deficient rate of 20.4% indicates broad malnourislunent. The government has been unable to
address the serious food shortages in the country. The prolonged drought has had a devastating effect
on food production.

6. Women and children in rural areas eat after men and guests finish. and most of the time women and
children go hungry. Many farmers in rural areas say that when they grew the traditional crops of wheat
and com. these crops could not provide for their yearly needs, therefore they had no choice but to turn
to the illegal cultivation of poppy. To date the only improvement in people getting some assistance in

•
nutrition has been the distribution offood by WFP.

7. The UN Special Rapporteur on Housing, MHoon Kothari, who visited Afghanistan in October 2004
expressed deep concern that evictions and land grabs across the country had hit tens of thousands of
people, and few officials had been called to account. Government appointed commissions have failed to
make their investigative reports public. The government had no authority, 0 implement
findings e only losers in this
vicious game are the poor.

8. To date the Afghan government has failed miserably in solving the issue of land grabs. As a result of
continuous land grabs. Afghans have been internally displaced. Some refugees in Pakistan and Iran
were reluctant to return to Afghanistan, as warlords and commanders continued to evict people from
their properties and government owned lands. Property laws and rights are often in dispute and the
courts are not equipped to ensure basic legal protection, thus making it difficult for those without
connections or power to defend their rights.
Right to Social Security
9. As reported last year, Afghanistan does not have a social security system. Redundant employees
demonstrate in vain for a small pension.
Right to seek work, just and favourable (onditions

• 10. As reported last year, while the right to work. to equal pay for equal work, to just and favourable

Nov 14, 2007 EV OFAIT OOQ1 .00 13 9 or 18

 • conditions, to protection against unemployment, to just and favourable remuneration and to fonn and
join trade unions, to leisure, to reasonable working hours and to periodic holidays are not disputed as
rights. they are simply not attainable for more than a handful of Afghans.

11. Rising GDP creates the potential for more equitable income distribution. A 2003 study found that
the poorest 30% of the population receive only 9% of national income, while the upper third receive
55%. One of the UNDP researches is quoted as saying, "Our team found the overwhelming majority
of people hold a sense of pessimism and fear that reconstruction is bypassing them",

Rights to edu.cadon

12. Free primary, secondary and post-secondaryeducation is provided for in the Constitution. Both
girls and boys have haad equal access to education since the establishment of the Interim
Administration. This has been the biggest single improvement in the field of social rights, resulting in
some 3 million children in grades 1-12 and 70,000 teachers returning to school. By 2004, a record
54.4% of primary age children were in school, and since 2002 a record 4 million high school students
have enrolled. Unfortunatelygirls have had limited access to education in rural areas where female
teachers are in short supply and where Taliban insurgencyis active. Most girls still leave school at
puberty.

13. Foreign aid agencies have contributed to building 1000's of schools across Afghanistan and

•
printed millions of textbooks, but the quality of education remains of concern to families. There are still
too few schools and too few trained teachers, resulting in school hours being shortened to two or three
hours a day to accommodate the demand. The UNDP report classifies Afghanistan as having "the
worst education system in the world", and one of the lowest adult literacy rates at just 28.7% of the
population.

Rights to participate in cultural Ufe and community

14. Since the establishment of the Interim govenunent, Afghans have enjoyed the freedom to
participate in cultural and community events. Music was banned by the Taliban, but Afghan musicians
have returned to Kabul from Pakistan and Iran as well as some European countries. Musicians are free
to participate in wedding and other special occasions in Kabul. Ethnic Hazara as well as Hindu and
_Sikh communities have freely celebrated their religious and cultural events
However, Musicians have not been allowed to perform in weddings and other cultural events in some
parts of the country where hardline mujahideen leaders or fundamentalist conservatives have influence
(pagbman District and areas affected by the Taliban insurgency).

Right to development (NOTE - the post does not have the "Declaration on the Right to
Development")

15. With the paucity of national revenue available to govenunent, development funding is provided by

• donor govenunents. The development and launching of national programs in 2004 provided a more

Nov, 14. 2007 EV.DFAIT.OOO1 .oo13 10 0118

 • conducive environment for the economic, social, cultural and political development of Afghans. Not all
donor governments contribute to national programs or work to ensure complementaryparallel
programs, thus leaving considerable shortfall in the capacity of the govenunent to deliver.

C. EQUALITYIDISCRIMINATION

Freedom from discrimination

1. As reported last year, there is no systematicdiscriminationon the basis of ethnicity, religion, gender,
language, or political opinion, although the competition for power is heavily laced with ethnic and
religious undertones and reality demonstrates that women are excluded from positions of power. The
severity of discrimination depends largelyon the personal views of power holders and decision makers.
The Constitution provides additional guarantees against discrimination. and its implementation could
move Afghanistan closer to the ideal expressed in the Bonn Agreement.

2. The AIHRC reported that intimidation and discriminatorytreatment of refugees and displaced
persons continued in the northern provinces of Afghanistan. Commanders prevented people from
returning to their areas of origin and even forced returnees to leave their homes and property to the
commanders. Land disputes are aggravated by the absence of a functioning land registry and dispute
settlement mechanism.

• Respect for minorities and their human rights and treatment of indigenous people

3. As reported last year, intimidation and discriminatory treatment ofretuming refugees and internally
displaced persons continued virtually unabated where minorities attempted to return to their homes (e.g.
Pashtun and Turkmen in the north). The Tajiks faced similar problems in the Hazara-lacedcentral
highlands.

4. The Constitution guarantees the protection of minorities, recognizes the major language groups and
provides rights of religious practice to Sikhs and Hindus. Special attention will now have to be paid to
the revision of legislation to ensure the provisions of the Constitution are reflected in the justice system.

Promotion and protection of women's human rights and gender equality

S. The UNDP reports that more schools and public spaces have been opened to women, and access
to media and other forms of expression are on the rise, including new women-run radio stations. The
Constitution prohibits gender discrimination and states that men and women have "equal rights and
duties before the law," a hard won statementby the AIHRC. The Constitution also reserves a
significant number of seats in the National Assembly for women - demonstrating much needed
affirmative action.
6. Decades of discrimination and poverty have relegated Afghan women to some of the worst social

• indicators in the world. Traditional mentality still holds women back. The AIHRC reported that forced

Nov 14. 2007 EV OFAIT OOQ1 .001 3 11 or 18

 • marriages, under age marriages, and multiple marriages were identified as major causes of self-
immolations, along with the depressing consequences of the past decades of war and the general
oppression of women.
7. The Revolutionary Association of Women of Afghanistan (Rawa), which was outlawed under the
Taliban, is still unable to open an office in Kabul. Shopkeepers are threatened with death for stocking
Rawa publications, and Rawa supporters have been tortured and imprisoned for distributing them . The
AlHRC was recently put in to the same category as Rawa by jihadi leaders, intent on intimidating the
AIHRC for its Survey Report of Afghan attitudes toward past gross human rights violations.

8. An October 2004 Human Rights Watch (HRW) report documentednumerous barriers that women
in Afghanistan still face as they seek to participatein the transitional political process. HRW found that
warlords, conservativereligious leaders, the Taliban and other insurgents have been using death threats,
harassment and physical attack to intimidate women. The Taliban insurgency threatened women in the
countryside in early 2004, trying to frighten them from taking part in voter registration and elections.
Leaflets that were passed out read, "You should not take an election registration card. If anyone does ,
her life will be in danger". Attacks on girls' schools occurred in February 2004 and March 2004. A
reported 30 girls' schoo ls were attacked by unidentified persons, causing damage to school buildings,
tents and educational materials.

9. Despite many obstacles, women are playing a crucial role in the building of a new Afghanistan,
politically and economically. Women have participated in the drafting of the Constitution; women

•
continue to return to the work force in modest numbers, and to gain access to education and health
servi ces . A positive development in May 2004 was the strong statement by President Karzai calling on
religious and community leaders to prevent social injustice against women. In a speech to government
officials and religious leaders in Kabul to commemorate the birth date of the Prophet Mohammad, the
President underlined the harsh realities facing many women, married off by their families to solve feuds
or pay debts. Karzai said such practices were a "grave injustice and in contradiction with the teachings
of the holy religion of Islam".

10. In December 2004, Dr. Zinat Karzai , the wife of President Karzai , met with a number of Afghan
women politician and journalists. Previously the President's wife had been blamed for her lack of
participation in womenvs events . She seems to be making efforts to promote the status of women by
making public appearances.

Children's rights

11. During 2004, Afghan and international media reported on numerous occasions that Afghan children
had been kidnapped and taken to wealthy Arab countries for their body parts and prostitution. Also,
children were found dead with their bodi es filled with drug s. It is difficult to measure the extent of child
trafficking in Afghanistan, but Afghan families are concerned and parents accompany their children to
school as the fear of kidnappingis widespread. In 2004 UNAMA, AIHRC and MOl started a
campaign of awareness against child kidnapping and smuggling.

•
12. In July 2004, President Karzai issued a decree ordering the death penalty for criminals who

Nov, 14. 2007 EV.DFAIT.OOO1 .oo13 1201 18

 • remove body parts from kidnappedchildren. The decree was issuedjust prior to a media report that in
the month of June, the dead bodies of four boys from which the organs had been removed were found
in Kandahar. The prison sentences for child kidnappingwas increased from 15 to 20 years. But
despite the increase in punishment, Afghan people are suspicious of judicial and security official
enforcing the law, as many child kidnappers are believed to go free after paying bribes to government
officials.
13. Children continue to help their families with income to meet basic needs, especially those of
female-led households. Children work as carpet weavers, workshop mechanic assistants, coal miners
or roam the street as shoe-shine boys or beggars.
14. Landmines continue to threaten the lives of women and children on a daily bases. Latest estimates
indicate that between 150 and 300 people are killed or injured by landmines every month in
Afghanistan, many of them children.

14. On a positive note, a new Juvenile Justice Code was enacted which, if the police and judicial
officials are properly trained, should see improvements in the treatment of children before the law. A
new Youth Ministry, headed by a former AIHRC Commissionerand member of the Constitution
Drafting Commission, was created in December2004.
15. UNICEF reported in November 2004 that 2,000 former underage soldiers associated with
Afghanistan's fighting forces would benefit from a reintegration and rehabilitation program. UNICEF
estimates that there are 8,000 underage soldiers in Afghanistan. Many may have left the militia to return

•
to a normal life, however they would still need assistance to be fully rehabilitated into a normal civilian
life.
Rights of persons with disabilities .
16. According to various governmental and UN sources, it is estimated that 800,000 to 2 million
Afghans are disabled with about 25% of disabilities attributed to war. Others are due to poor maternal
or preventative health care and genetic defects as a result of the high incidenceof first cousin marriages.

17. In December 2004 a global approachto disability was announced under the Ministryof Martyrs
and Disabled (MMD), through the adoption of a comprehensive strategyfor the next three years. The
budget ofUS$9.4 million has been dedicated for implementation. Half of the funds will be dedicated to
services for disabled people, such as physical rehabilitation, educationor vocational training. The other
half will be devoted to technical advice to partner institutions and ministries, such as the Ministries of
Labour and Social Affairs, Health and Education.
18. With the establishmentof the Ministryof Martyrs and Disabled and the resilience of disabled
persons, extra attention is now directed to their plight. In December2004 for the first time 500 disabled
persons were given a plot of land by the municipalityofK.abul to build housing.

Sexual orientation

• 19. As reported last year, with the annulmentof all Taliban decrees, homosexuals are no longer

Nov. 14 , 2007 EV,OFAIT.OOO1.oo13 130118

 • publicly punished. Homosexuality is still a taboo subject in Afghanistan,

Rights of migrants, internaBy displaced persons and refugees

20. According to the UNHCR more than 700,000 Afghan returned home from Iran and Pakistan
during the first nine months of 2004, bringing the total number of returnees since March 2002 to some
3.5 million. Many of these refugees have returned to larger cities, especially Kabul, where the
population of the city soared to almost 3 million. Kabul city had a population of700,ooo in 1978 when
the communists took over the government.

21. According to the Norwegian Refugee Council, which monitors and analyses internal displacement in
over 50 countries worldwide, the officiallDP figure in 2004 for Afghanistan was 182,000, although the
true total could well be closer to 300,000. Internal displacement in Afghanistan affects all ethnic groups,
but two groups are particularly coneemed: ethnic Pashtuns and Kuchis, a nomadic group of Pashtun
ethnicity.
22. The government actively cooperates with UN agencies and NGOs for the return of refugees and
the re-integration of IDPs into their communities of origin. IDPs residing in IDP camps in the south say
they are reluctant to return to their places of origin as commanders have taken over their homes and
land, and work opportunities were almost non-existent.

• IU CANADIAN REPRESENTIONSIINTERVENTIONS

Summary of RepresentationslDemarches

•
Nov, 14. 2007 EV.DFAIT.OOO1 .oo13 14 01 18
 •
Summary of Canadian Programs and Activities
5. Throughout 2004 the embassy was the most active of all interlocutors trying to move the
Disarmament, Demobilization and Reintegration (DDR) program forward. The embassy took the lead
on pressing for heavy weapons cantonment, in protesting the registration ofjihadi parties which had not
yet disarmed, on dealing with unguarded. unsafe ammunitiondepots, and on highlightingthe serious
threat to security of people and the state from illegal armed groups. Former Foreign Mini ster Graham
was the first to introduce the threat of irregular militia at the Berlin Conferencein April 2004. On the
Provincial Reconstruction Team (PRT) Executive Steering Conunittee, Canada has advocated PRT
support for security sector reform and the government's national programs, to bring synergy of effort
through linking security and development support.
6. Canada participated in the Workshop on Transitional Justice heldon the margins of the Berlin
Conference, organized by the AIHRC and the International Centre for Transitional Justice. A fact-
finding mission from Justice Canada to Pakistan and Afghanistan in May/June 2004 attempted to

• identify sources ofinfonnation on past human rights abuses to assist with case development.
7. The embassy has actively participated in considerations of transitional justice and the road ahead,
including reviewing draft recommendations of the AIHRC survey report, A Call for Justice, the results
of a national consultationon past human rights violations in Afghanistan. The report was released on
the occasion of the visit to Afghanistan by UN Human Rights Commissioner Louise Arbour in January
2005. The embassy is a member of the Human Rights AdvisoryGroup and the Gender Advisory
Group in Kabul. CIDA has provided for a Canadian Gender Advisor in the Ministry of Interior to
ensure gender considerations are taken into account in policing and reform of the ministry.
8. The embassy presented Canada's experience in implementingthe Rome Statute of the International
Criminal Court and participated in a workshop to set out a roadmap for Afghanistan's implementation
of the provisions of the ICC, to which it is now a State Party.
9. Through CIDA, Canada has provided much needed funding for humanitarian assistance and for
economic and social development, in support of rights to the basic needs of food, clothing and housing,
employment and development. CIDA funding for national social protection and rural livelihoods
programs, while supporting rights to employment and income also promotes people's empowerment.
The methodologyand mechanismused in many of these programspromote rights advocacy and entail
participation of intended beneficiariesin the development process. For example, the National
Solidarity Program is a means to promote local democracyat the village level through empowering
people to determine their own development destinyby identifying the developmentpriorities of their

• own communities and making decisions on the allocation of funds accordingly.

Nov. 14 , 2007 EV.DFAIT.OOOloo13 15 011 8

 • 10. The Livelihood and Social Protection programs supported by Canada include protection of the
rights of refugees and internally displaced people through provision ofbasic housing and health facilities
while also covering rights to mobility and settlement. CIDA funding contributed to the first ever UNDP
2004 Human Development Report on Afghanistan, launched with much favourable publicity for
Canada. The embassy is also a strong advocate of having the governmentdefine a National Poverty
Reduction Strategy, a National Agriculture Program. a National Justice Program and a National
Women's Program, and has persistently encouraged other donors to support the government's policy
of using national programs as a means of equitable development and extending central government
reach. Rights to mobility and physical security are being supported through mine clearance,
demobilization and demilitarization programs, heavy weapons cantonment and arrununitions destruction.

11 . The Mission Administered Canada Fund promotes democratic process through strengthening civil
society and making contributions to NODs that deliver services to Afghans and address their rights to
basic human needs such as food, housing, health and education. The Canada Fund also finances human
rights advocacy projects that help raise awarenessof people's rights and support lobby groups. Direct
support to human rights programming is provided through the Canadian NGO, Rights and Democracy,
that finances local NGDs for implementinggender awareness programs in the provinces and supports
activities of women's rights advocacy groups. IMPACS, a Canadian NGD helps the promotion of free
press through training women journalists and establishing women operated radio stations in the

•
provinces.
12. Two initiatives recommended in the embassy's 2002 and 2003 Annual Good Governance,
Democratic Development and Human Rights Report were advanced in 2004. (A) CIDA funded the
translation into Dari and Pashtu of the Amnesty International Fair Trials Manual. The Human Rights
Monitoring Guide made available by Justice Canada is in the final stages of translation into Dari and
Pashtu. It will be officially launched by the Chair of AIHRC and the Ambassador before distribution
throughout the country. The AIHRC is most appreciativeof these efforts which can be used to
education the judiciary, as well as members of the general public, Afghan human rights organizations
and other civil society groups working in the field. (B) The second recommendation from 2002 and
2003, resulted in funding being made available through UNDP to contract assistance for the Ministry of
Foreign Affairs to help Afghanistan meet its international human rights treaty reporting obligations for
those instnunents to which it is S~te Party.
13. People's political empowerment was promoted through Canada's financial support to the voter
registration process and presidential elections operations costs, including public education. Two
Afghan-Canadian women financed by CIDA were attached as gender advisors/interpreters to the
OSCE mission.

Ideas /Suggestions
• Ensure that Afghan human rights, including transitionaljustice, remain first and foremost on the

•
agenda in international fora, most importantlyUNGA plenary debates and other UN meetings

Nov. 14, 2007 EV OFAIT OOO 1.00 13 16011 8

 • •
on Afghanistan. Strongly resist all efforts to down grade the seriousness of the human rights and
governance situation.

Strongly resist all efforts to limit the mandates of Special Rapporteurs or Independent Experts
of the UN Human Rights Commission in investigating and reporting on any aspect of human
rights in Afghanistan, and advocate measures to ensure implementation of report
recommendations.

• Issue statements to the press in support of the findings of AIHRC and UN reports on human
rights, good governance and democratic development in Afghanistan.

• Thoroughly brief visiting Ministers and senior officials on the threat to the stability of Afghanistan
by failing to address impunity, malgovernance and other constraints to democratic development.

• Strongly advocate the inclusion of talking points for visiting Ministers to highlight Canada's
human security policy and position on impunity for human rights abuses, including the Canadian
view that there can be no lasting peace without justice.

• •

•
Advocate with other government departments for Afghanistan to be designated a source
country for the women at risk refugee program.

Ensure that Canadians deployed in a military or policy training capacity are thoroughly briefed
on the prevalence of human rights abuses and establish a zero tolerance
policy for human rights abuse by Canadian forces deployed in Afghanistan.
• Develop a concrete and funded plan of action for Canadian support for the recommendations
of the AIHRC survey on transitional justice and advocate with like-minded embassies to ensure
the President's commitment to transitional justice is actioned.

• Advocate, and provide funding and personnel, to support UNAMA in meeting its mandate for
human rights promotion and protection in Afghanistan, and require UNAMA to report semi-
annually on the action taken and results achieved in the areas of good governance, democratic
development and human rights.

• The Provincial Reconstruction Team (pRl) concept could be further refined to support the
extension of the central government outside Kabul, including support for all pillars of security
sector reform through embedded military and civilian police forces, and removing national

• caveats which prevent PRTs and ISAF in Kabul from supporting Afghanistan in tackling the

Nov. 14, 2007 EV OFAIT OOO 1.00 13 17 0118

 • criminal element enjoying impunity in Kabul, at the border and on the highways.

Prepared by Abdul SamadlEileen Olexiuk (GSRP)

Consulted: Nip. Banerjee (CIDA)
Approved by Christopher Alexander (HOM)

•
Nov. 14, 2007 EV DFAIT.OOO1 0013 180118
 • AFGBANISTAN - 2004
CONFIDENTIAL -CEO

GOOD GOVERNANCE. DEMOCRATIC DEVELOPMENT AND HUMAN RIGHTS

I. SUMMARY
1. Despite positive developments in 2005, most notably the successful holding of Parliamentary
elections in September, Afghanistan still faces immense political. economic, social , and security
challenges. These continue to inhibit progress in the field ofhurnan rights, democratic
development, and good governance.

impunity remains a problem in the aftermath of three decades of

war; and, much needed reforms of the judiciary remain to be implemented. Efforts continue by
the govermnent to combat still widespread discrimination against women and girls. Refugees
returning from Pakistan and Iran, as well as internally displaced persons, face huge economic
challenges. More generally, grinding poverty and a high level of corruption make it extremely
difficult to realize economic, social and cultural rights, as enshrined in the Constitution, including

• access to education and workers' rights. Nevertheless, the Government of Afghanistan,

supported by the international community, remains committed to political, legisl ative, and policy
initiatives aimed at improving the situation - of which the January 2006 "Afghanistan Compact"
and the "Afghanistan Interim National Development Strategy" are good examples. Canada
continues to playa significant role in the development and implementation of many of these
initiatives.

II. OVERVIEW
2. 2005 has been a year of transition for the people and the government of Afghanistan. The 18
September Parliamentary Elections has provided Afghans with a means to express their political
and civil rights . The International Community and the Government of Afghanistan have worked
hand in hand to develop the strategy for transitional justice which will help address past human
rights violations and provide a framework to address concerns of Afghan people as reported in
the Afghanistan Independent Human Rights Commission's (AIHRC) report "A Cry for Justice".
Although freedom of speech and expression of opinion is specifically protected in article 34 of
the Afghanistan Constitution, it has been severely tested 2005. The Ali Mohaqiq Nasab case is
an example of violation to freedom of speech which may have fostered self-censorship on the
part ofjournalists and opinion leaders. Afghans people have confidence the justice sector
where, notwithstanding the existence of secular law and constitutionally enshrined rights,

• 1

Nov. 14 , 200 7 EV,OFAIT.OOO1.oo17 1 of 23

 • ommanons are a ut to e rna e to e permanent Supreme Court.
The competence, impartiality, and representativeness of those chosen will have a significant
impact on the legal direction the country and respect for the law by the population. Measures
for preparing the ground for enforcementof the provisions of the Constitution are required to
allow for rule of law and due process. Legal, judicial, and overall justice sector reform are
laggingand sinceour last annual report, little has changed.

3. The first national parliamentaryelections in nearly thirty years, which were held on September
18, have paved the way for improved governance and democratic development. Provincial
Council elections were held at the same time. Despite immense logistical challenges to these
elections were held freely and fairly. Nearly 6,800 candidates ran in the two elections, the sheer
number of names (along with pictures and symbols) on the ballots meant that over-size ballot
boxes and voting screens had to be produced and sent to the regions. The ballot in major
centres such as Kabul was seven pages long. Security threats were ever-present - seven
candidates were killed during the campaign. However, virtually all polling centres managed to
open on election day and no major incidents took place (although a rocket did land in the
compound of the Joint Election Monitoring Body without causing injury or significant damage).
That being said, voter tum-out was much lower than in last year's presidential election-
hovering around 60%. This was partially due to security concerns but perhaps voter antipathy

•
to the high number of former (and not-so-former) commanders, drug lords, ex-communists and
ex-Taliban amongst the candidates had a larger impact.

4. A significant achievement is the project on Capacity Building for Sustained Human Rights
Treaty Reporting in Afghanistan that will establish a Human Rights Treaty Reporting Office to
coordinate the reports for all conventions. The project, funded by the Canadian Government,
was officially launched in Kabul on November 27, 2005. Foreign Minister Abdullah Abdullah
said that Afghanistan had an obligation to implement the international human rights treaties it had
become party to and that his countryhad to report to the UN treaty bodies on the state of
implementation. Afghanistan is currently a signatoryand has ratified six core human rights
instruments:
• Covenant on Civil and Political Rights
• Covenant on Economic, Social and Cultural Rights
• Covenant on the Elimination of Racial Discrimination
• Covenant on the Elimination of DiscriminationAgainst Women
• Convention against Torture
• Convention on the Rights of the Child (and its two optional protocols)

• 2

Nov. 14, 2007 EV,OFAIT.OOO1.oo17 20123

 • 5. AIHRC has committed in their 2006·2008 strategic plan to complete a full conflict mapping in
Afghanistan which will help reconstruct events for the 1978·2001 period based on the
recollection of people, archives and open sources such as internet. It is also partnering with
UNAMA to assist the GOA implement the Transitional Justice Action Plan. The information
will be essential to bringthose responsible for crimes against humanity and human rights
violations to justice and address concerns of Afghan people as it relates to impunity. The
AIHRC has consulted with No Peace Without Justice, a non-governmental organization
specialized in conflict mapping, to learn how to map the conflict in Afghanistan. The AIHRC
will determine if conflict mapping for the 2001-2005 period will be completed before 2008.
Between 2006 and 2008, we hope to see

6.

alike. Civil society and the more democratically

leaning political parties have stated that illegal activities and abusive power should not be
legitimized through government structures. While the GOA has recently approved a

•
Transitional Justice Action Plan, key elements of which are reflected in the Afghanistan
Compact,

7.
C early, the wrong poop e III p aces 0 au onty
have the potential to undermine the good work of national programs put in place in 2005 by
reform-minded ministers backed by the President. These national programs focus on social and
economic rights, seeking to empower people at the village level, to develop the most devastated
areas, to provide immediate employment on larger reconstruction projects or to make district
and provincial administration more transparent and accountable.

8. Awareness ofhwnan rights has reached an all-time high in Afghanistan due primarily to the
work of the Commission. The Afghan Independent Human Rights Commission (AIHCR) has
committed to continue its work on conflict mapping which will help bringing those responsible
for past human rights violations to justice. The AIHRC faces three immediate constraints: (a)
the work to transition to its new structure which will allow them to deal directly with donors, i.e.
receive direct support and thereby also be responsible for appropriate funding management,
fund raising and reporting, (b) the replacement of two commissioners, without readily

• 3

Nov, 14. 2007 EV.DFAIT.OOO1 ,0017 3 of 23

 • 9.
identifiable replacements, and (c) threats of violence as a result of their work initiated on conflict
mapping.

AIHRC's capacityto investigatealleged abuses is limited,

10.

The International Community took it upon itself to address

concerns about freedom of speech and rule of law with governmentofficials, which led to the
release of Mohaqiq Nasab. UNAMA has also focused on the transition of the AIHRC to its
self-sufficient structure
The situation is worse in the
regional offices where only a few internationals staff occupy human rights positions. Human
rights units in various governmentdepartments have tried with limited success to address human
rights issues but the task at hand is enormous and additional support from UNAMA would be

• II.
required to put a structure in place which would allow these units to develop programs and
mechanisms to raise human rights abuse.

Many women run away from what they seeas an intolerable domestic situation. Most women
who escape domestic troubles are often forced to fend for themselves on the streets and
complain tha t assistance organizations and the Women's Affairs Department have done nothing
for them. There is a growing awareness among public officials that the situation is reaching a
crisis point.

12. ~e police and Attome rosecutors have little capacity to assist ADiRC
with investigations
In the absence of rule oflaw, local remedy
with appeals to respected elders and spiritua l leaders continues to be more effective for abuses
such as kidnapping, land-grabs, illegal taxation, young and forced marriages, and illegal
detention. Private prisons abound.
Release from unlawful detention in a private prison is more easily
negotiated by the community than is release for unlawful confinement through the formal judicial
process.

• 4

Nov. 14 , 200 7 EV.DFAIT.OOO1 ,0017 -4 0123

 • 13. In 2005 , allegations of detainee abuse against US authorities persisted and led to the court
martialing of several soldiers in three separate cases documented by the American military. UN
Independent Expert on Human Rights, CherifBassiouni, had twice highlighted the abuses
carried out by international military forces but his mandate was no~ring 2005
session of the UN Corrunittee on Human Rights at the instigation _ . His
responsibilities are to be picked up by the Office of the UN Corrunissioner for Human Rights in
Kabul and the provinces.

14. Little progress was made in reforming the justice system in 2005 . The new Penal, Juvenile and
Criminal Procedures code have been implemented and UNODC, in consultation with the
Ministry of Justice and the International Community, has provided training on the new codes to
a number ofjustice experts such as judges, prosecutors, lawyers and university professors.
Capacity-building programs for lawyers, judges and prosecutors were continued to prepare for
the day when the system itself begins to function. A plan is being put in place through the
National Development Strategy to reform the justice sector. A number of benchmarks have
been developed to measure progress of the justice sector reform. Upcoming appointments to
the Supreme Court will also provide a good sense as to how the justice sector in Afghanistan
will evolve. The legislative review has progressed slightly.

• 15. Freedomof speech has been severely tested in 2005 . Ali MohaqiqNasab, ediklr of.
women's rights magazine, was arrested and sentenced to two years in prison for printing essays
that questioned the legal discrimination against women, harsh physical punishments for criminals
and rigid intolerance of Muslims who abandon their faith. This case raised concerns among the
international community about freedom of speech

The Afghan Independent Joumalist Association also reported that the number of violent
incidents against journalists has doubled in 2005. In addition, it reported that 2 journalists have
been killed in 2005.

16. Overall, programs for good governance, rule of law and poverty alleviation which are key
elements to improving human rights and bringing about the democratic development of
Afghanistan, were initiated but remained sorely under-developed throughout 2005.

• 5

Nov. 14 , 200 7 EV.DFAIT.OOO1 ,0017 501 23

 • II. STATE OF INTERNATIONALLY RECOGNIZED RIGHTS AND FREEDOMS

A. CIVIL AND POLITICAL RIGHTS

Physical Integrity and Security of the Person
17. Political repression, human rights abuses and criminal activity by warlords, police, militia and
remnants of past Afghan military forces are of themost concern to the Afghan people.

Although the situation has improved significantly compared to previous regimes,

reports of continued allegations of corruption within the Afghan National Police, Afghan National
Army and the Government of Afghanistan suggest that the Afghan people have little faith in the
administration that has been put in place to protect them.

18. Afghans are frustrated by the perceived continued lack of interest from the central government in
their personal security and integrity,

19.

•
ohaqiq
Nesab, editor of a women's rights magazine, said that while he wasdetained in Kabul some
prisoners in his jail werebeaten, some were chained, and all werementally abused. Many
districts remain insecure because of violence caused by factions supposedly affiliated with the
government.

20.

Rule of LawlDue Preeess

21. The Interim Afghanistan Development Strategy recognized the need for state-sponsored justices
available to all Afghans. The Government of Afghanistan also recognizes that a functioning
justice system is an essential component of comingto terms with a violent past and to building a
secure and prosperous future where an independent judiciary and accountable law enforcement
system will protect the buman rights and legal protections guaranteed to all Afghans. A number
ofbenclunarks have been developed to measure progress of thejustice sector reform.

• 6

Nov. 14, 2007 EVOFAITOOO 1.00 17 6 0123

 • 22. AIHRC has corrunitted in their 2006-2008 strategic plan to complete a full conflict mapping in
Afghanistan which will help reconstruct events for the 1978-2001 period based on the
recollectionof people, archives and open sources such as internet. It is also partneringwith
UNAMA to assist the GOA implement the Transitional Justice Action Plan. The information will
be useful to bring those responsible for crimesagainst humanity and human rights violations to
justice and address concerns of Afghanpeople as they relate to impunity. The AIHRC has
consulted with No Peace Without Justice, a non-governmental organisation specialized in
conflict mapping, to learn how to map the conflict in Afghani stan. The AIHRC will determine if
conflict mapping for the 2001-2005 periodwill be completed before 2008. Between 2006 and
2008, we hope to see movement on
econciliation with the broader community, which among other
things, would also provide recognition for the gross abuses suffered by civilians during the
decades of war.

23. On September 8, 2005 and as a result of a Presidential decree issued on the occasion of
Afghanistan's Independence Day, fifty-four Afghan prisoners were released from the central
pri sons in the cities ofHerat and Kunduz. Herat's senior prison official reported that of the
forty-four people released from his prison two were females who had been in detention for more
than six months. The other prisoners were accused of theft and other petty offences. In spite of

• their release the prisoners complained of what they called their belated release, saying the
president had ordered them freed more than three weeks ago. The authorities took eighteen
days to release them, as they argued they needed time to find files of the prisoners from the
attorney general's office. This issue brought to light concern surrounding the publication of
presidential decrees. Decrees affecting multiple organizations/ministries are published in the
government Gazette, thereby being publicl y accessible. On the other hand decrees such as this
particular one, and those that are essentially within the purview of one mini stry, are provided
only to the affected Ministry. Thi s make s it difficult for organizations such as the AlliCR to
monitor compliance.

24. Little progress was made in reforming the justice system in 2005 . The new Penal, Juvenile and
Criminal Procedures codes, which will help govern the prosecution and courts, have been
implemented and UNODC, in consultation with the Mini stry of Justice and the International
Community, has provided training on the new codes to a number ofjustice experts such as
judges, prosecutors, lawyers and university professors . Capacity-building programs for lawyers,
judges and prosecutors were continued to prepare for the day when the system itself begins to
function.

25. Equality before the law in Afghanistan is still not a reality. Tho se who have money, links to

• 7

Nov. 14, 2007 EV,OFAIT.OOO1.oo17 7 of 23

 • influential government officials and warlords are often presumed innocent even before they enter
a court oflaw. Those who have no money or power are usually considered guilty and can
remain in prisons for months and possibly years. The majority of women detainees are held for
"sexual" crimes such as escaping abusive husbands, many of whom would rather stay injail than
return home.

26. Reports suggest that rule oflaw and due process have not been applied in a number of cases,
including the Ali Mohaqiq Nasab's case. When a person is arrested, he/she is handed over to a
prosecutor after 24 hours in custody. In Nasab's Case, he was not provided with the charges
against him and was detained or more then 24 hours.

27. In August the UNAMA regional office in Gardez received a complaint of a person who had
been whipped ten times by the primary court judge following a lively discussion between the
two. UNAMA met with the judge who explained that the person had abused him. To the
Human Rights Officer it appeared that the complainant had merely expressed frustration about
the shortcomings of the justice system. The judge claimed that according to the Sharia Law, he
can have guilty people whipped for offending him as judge. The Human Rights Officer noted
that whipping can be part of a sentence in Afghan law but cannot be used during trial.
Moreover, the law stipulates that other measures should be taken before resorting to such
punishment.

• 28.

29. Appointments to the permanent Supreme Court will determine the future of rule of law and due
process in Afghanistan. Many Afghan people are concerned
that a religiously conservative Supreme Court wi ave a negative impact on evelopment efforts
and human rights observance in Afghanistan. The Lawyers Union of Afghanistan, comprised of
more than 3000 members, are concerned with upcoming appointments to Supreme Court.

• 8

Nov. 14, 2007 EV,OFAIT.OOO1.oo17 80123

 • 30. The systemic problems facing the criminal justice system in Afghanistan continue. Extensive
pre-trial detention of the unrepresented remains common. The current estimates show 500 men
detained in Kabul's detention center. Drug addicts are incarcerated to force them to overcome
their addiction, and debtors are imprisoned to force them to pay their debts. Estimates also
suggest that there are _fghans in US custody in Afghanistan and the anti-narcotics campaign
has led to the arrest of many poor young men, charged with smuggling. They are
entenced to long terms of imprisonment.

31. The administrative and technical problems in the Kabul court system - judiciary, prosecution,
and police - have not improved significantly. Duringthe reign of the Taliban most of the prisons
in the country were closed or destroyed, with the exceptionof a few notorious prisons, such as
Pul-e-Charki. Since the fall of the Taliban and as the rule of law in the country changes, more
and more people are ending up in prison For example, most
women are in for crimes such as running away from home. There is also an increasing number of
prisoners awaiting trial as the courts are slow and overwhelmed by the increasing number of
people arrested.

• 32. The construction of new courts and the rehabilitation of the detention center have created more
delays and more confusion. People are being tried without access to legal counsel
as required under the Criminal Code.
WI out a prosecutor, esprte a statute declaring such trials null

33. The problems in the provincesare somewhatdifferent. The justice system is usually smaller and
comprises fewer judges, fewer prosecutors, and fewerpolice. As a result, corruption is more
concentrated. In one case, a judge clearly expected money from a client and would not let the
lawyer speak. on the client's behalf. In another case, the samejudge ordered the lawyer to
represent a co-defendantwhose interest conflicted with those of the client. The lawyer refused.
The judge became enraged and forbade lawyers from entering the courthouse.

PoliticallDemocratic Righ ts and Freedoms

34. The most significant event in 2005 paving the way toward good governanceand democratic
development was the holding of the first national parliamentaryelections in nearly 30 years - on
September 18. Over 12.5 million Afghans were registered to vote, nearly 48% of whom were
women. Provincial Council elections were held at the same time. Nearly 6,800 candidates ran

• 9

Nov. 14, 2007 EV,OFAIT.OOO1.oo17 901 23

 • in the two elections, the sheer number of names (along with pictures and symbols) on the ballots
meant that over-size ballot boxes and voting screens had to be produced and sent to the regions.
The ballotin major centres suchas Kabul was seven pages long. Security threats wereever-
present - seven candidates were killed during the campaign. However, virtually all polling
centres managed to open on election day and no major incidents took place (although a rocket
did land in the compound of the Joint Election MODi toring Body without causing injury or
significant damage). That being said, voter tum-out was much lower than in last year's
presidential election - around 60%. This was partially due to security concerns but also because
of voter antipathy to the high nwnber of former (and not-so-former) commanders, drug lords,
ex-communists and ex-Taliban amongst the candidates.
35. Civil society organizations are strong in Kabul and in some major cities. They were instrumental
in public education for the elections but still found it difficult to have an impact on the lives and
attitudes of Afghans and impossible to influence government decisions. Kabul media reported a
number of civil society offices attacked by fonner mujahideen in the police force, in an attempt
to intimidate and stop their awareness building activities.

36. Parliamentary elections should be considered a success in the context of Afghanistan where free
and fair elections have been almost unknown until now. Afghan Parliament is composed of two
houses: Wolesi Jirga (yVJ - Lower House) and Meshrano Jirga (MJ - Upper House). _
a number of women

• 37.
and independent MPs have been elected. The WJ counts 67 elected women MPs from allover
Afghanistan and the MJ counts 23 elected and appointed women MPs.

According to the Ministry of Justice political parties registration office, 78 political parties have
been officially registered in Afghanistan to date. Although a number of political parties have
been officially registered, they still have a long way to go in becoming truly representative
political groups that can challenge the government administration. In this regard, newly
established political parties have tried to promote their platform amongst Afghans prior to the
adoption by the interim government of the Single Non Transferable Voting (SNTV) system for
the September 18 parliamentaryelections. This came as a big shock to political parties and
especially to the newly established parties. On the other hand,jihadi parties, which were
created prior to and after 1978 (when the communist regime took over the Afghan government)
have close ties with government and the highest number of MPs elected in the Afghan
Parliament.

38. During the election campaign, women and independent candidates, as well as voters were
intimidated by warlords, armed local commanders and anti-governmentelements. Prior to the
elections, reports of intimidation were predominantly from the north-western provinces, where
local commanders who were candidates themselves

• 10

Nov. 14, 2007 EV.DFAIT.OOO 1.00 17 100123

 • eports also suggested
that threats and attacks against candidates, election workers, civic educators, religious leaders,
government leaders and national and international security forces often took the form of
improvised explosive devices (IEDs) and artillery attacks.

39. In Logar"a women candidate's house was set on fire prior to the election and another women
candidate was shot when she was campaigning in Nooristan province. A possible candidate for
the Helmand province was killed by anti-government elements before her nomination for election
was announced.

40.

Canada and several other

donors supported the joint AIIIRCIUNAMA Political Rights Verification projectwhich assisted
candidates and voters make formal complaints to the Joint Electoral Management Body (IEMB)
Electoral Complaints Committee (ECC) throughout the campaign.

• 41 . The opportunity to express political opinion and criticize government through the media
advanced in Afghanistan, but people still do not enjoy full freedom of expressionand association
for fear of reprisal, particularly in the provinces where commanders and warlords wield power.
Free press and media is still not a reality in Afghanistan which lead to the inclusion of"the need
to ensure respect for the right of freedom of expression and right to freedom of thought,
conscience or belief' in Part B in of the UN resolution on Afghanistan.

42. Freedom ofexpression was severely tested in 2005. Ali MohaqiqNasab, editor of. women's
rights magazine, was arrested and sentenced to 2 years in prison for printing essays that
questioned the legal discriminationagainst women, harsh physical punishments for criminals and
rigid intolerance ofMuslims who abandon their faith. This case raised concerns among the
international community about freedom ofspeech

43. The Afghan Journalist Association reported that journalists are still not considered entirely free
as they face pressure and intimidation and violence from warlords in regions still not under the

•• control of the central govenunent. Violence against journalists has doubled in 2005, reaching 30

11

Nov. 14 , 200 7 EV,OFAIT.OOO1.oo17 11 of 23

 • reported cases across the country. For example, ShaimaRezai, a workerat Tolu, a privateTV
channel in Kabul, and Mohanunad Mawaind, a localjournalist in Khost province were killed in
2005. A prominentfemale poet, Nadia Anjuman, was killed in her home in Herat. According
~fghan Independent Journalists Association and
_Herat has the worse record of violence against journalists. Reports also suggest t e
Afghan National Police has illegall y searched the premises of a few editors in Kabul looking for
incriminating information.

44. On a positive note, Arezo TV. a new private TV channel will formally begin its broadcasting in
the northern Balkh province in February. This TV channel will help in promoting Afghan
literature. Around 300 publications are now registered with the Afghan Ministry of Information
and Culture. There are also 42 radio stations and five private television stations across the
country.

B. ECONOMIC, SOCIAL, CULTURAL RIGIITS

(NOTE: For a complete description of the degree to which Afghans may exercise their rights in most of
the seven categories below, refer to the Afghanistan National Development Strategy, which is
appended as Annex 1)

• 45. As Afghanistan is being rebuilt, the construction industry offers the most new employment
although agriculture remains the largest economic activity in the country. The economy is
expanding (GDP growth was forecast at 8-9% for 2005) ; however, the largest economic driver
remains illicit - drugs and smuggling. Not only does this put significant money and resources
into the hands of criminals, it diverts human, capital and natural resources to the black market
and denies the GOA much needed revenue. Foreign Direct Investment continues to be
discouraged due to the absence of a reliable justice sector and the lack of security.

RIght to the highest attainable standard of physical and mental health

46. The population of Afghanistan is estimated to be 25.8 million. Life expectancy for Afghans is
under 45 years at birth, far less than the life expectancy of any of Afghanistan's neighbours.
57% of the population is under 18 years of age and over 80% of the people are illiterate.
Presently no data exists concerning rates for HIV/AIDS in Afghanistan. As the world 's leading
producer of opium and a growing producer of heroin, intravenous drug use in the country is
growing, with over 40% of users sharing needles. There is no blood screening, little condom
use and very little knowledge of the disease or how to prevent it. About 8 millions planted
mines remain in Afghanistan which means one mine for every 3.2 people. An estimated one
third of the populationsuffers from anxiety, depression or post-traumatic stress disorder. A
large proportion of illnesses and deaths are caused by preventable communicable disease,

• 12

Nov. 14, 2007 EV,OFAIT.OOO1 .oo17 12 0123

 • 47.
childhood respiratory infections and diarrhea. Piped water and sewage network are limited and
in poor condition due to lack of maintenance and war damage.

Between 1,600 and 2,200in 100,000 of childbearing mother die from pregnancy-related
causes which is the highest rate of matemal mortality after Sierra Leone and Angola. For
example, in parts ofBadakhshan province, nearly 7% of mothers die in childbirth. Only 75% of
births are attended by medically trained personnel. 85% of pregnant women give birth under
the supervision of family members or inexperiencedlocal midwives. It is also estimated that
700,000 women lost their spouses as a result of the war.

48. Some hospitals in Kabul and provincial centres were rebuilt and equipped with the help of
international assistance. Clinics and hospitals are in poor condition. doctors are being paid and
most are unqualified. Hygiene conditions are woeful in most clinics and hospitals. Many
people have no access to proper medical facilities in rural areas and most are many kilometers
away from a clinic.

Rights to an adequate standard of Uvlng

49. Afghanistan is one of the poorest countries, not only in its region but also in comparison to the
poorest countries in Africa. Afghanistan is nmked 169'" out of 178countries in the hmnan

• development indicators. About 88% of the population has no access to clean drinkable water.
Food shortages are a common occurrence. Nearly 40% of the rural population does not have
sufficient food to satisfy basichunger. Millions of Afghans are chronically or seasonally food
insecure, due to lack of income and weak employmentopportunities. The government has
been unable to address the serious food shortages in the country.

50. Women and children in rural areas eat after men and guests finish, and much of the time the
women and children go hungry. Many farmers in rural areas say that when they grew the
traditional crops of wheat and com, these crops could not provide for their yearly needs,
therefore they had no choice but to tum to the illegal cultivation of poppy. To date the only
improvement in people getting some assistance in nutrition has been the distribution of food by
World Food Program.

51. Although the government of Afghanistan is developing programs to address land reforms and
property rights issues, the slowprogress of landreforms and the arbitrary enforcement of
property rights undermine the poor people. As a result of continuous land grabs, Afghans have
been internally displaced. Some refugees in Pakistan and Iran were reluctant to return to
Afghanistan. as warlords and commanders continued to evict people from their properties an~

• 13

Nov. 14 , 2007 EV.OFAIT.OOO1.oo17 13 ot 23

 • government owned lands. Propertylaws and rights are often in dispute and the courts are not
equipped to ensure basic legal protection, thus making it difficult for the poor or those without
personal connections to power brokers to defend their rights.

Rigbt to Social Security

52. Afghanistan does not have a social securi ty system. In 2005, laid-off employees continued to
demonstrate in vain for a small pension.

Right to seek work, just and favourable conditions

53. While the right to work is enshrined in the constitution as well as the principles of equal pay for
equal work, just and favorable conditions, protection against unemployment, just and favorable
remuneration, and the right to form andjoin trade unions, to leisure, to reasonable working
hours and to periodic holidays, the economic reality is that they are not attainable for all but a
very small portion of the working population.

Rigbts to educaliou
54. The govenunent of Afghanistan has committed in the Interim Afghanistan Development Strategy
to expand access to primary and secondary education, increase enrollmentand retention rates,

•
and strengthen the curriculum and quality of teachers. It aims also to build a well-managed and
internationallyrecognized system of higher educationthat responds to Afghanistan's growth and
development needs. In that regard, the Ministerof Higher Education announced that three new
private universities will be set up in the countryin 2006.

55. Afghanistan has the highest proportion of school-age (7-12) children to total population in the
world. Free primary, secondary and post-secondary education is provided for in the
Constitution and both girls and boys have had equal access, in theory, to educationsince the
establishment of the Interim Administration. Despite the success of the back-to-school
campaign, half ofall school-agechildren are not in school. There are still too few schools and
too few trained teachers, resulting in school hours being shortened to two or three hours a day
and double-schedulingin order to accommodate the demand. In the southern provinces, it is
estimated that more than 60010 of school-agechildren are not in school. Among Afghans aged
15-24years, only 34% are literate - with the rate among males being 50% and that among
females being between 9-18%. Male literacyis highest in Wardak (57%) and lowest in
Jawzjan (11%). Female literacyis highest in Baghlan(18%) and lowest in Kandahar (lower
than I %). Women and girls are far behind men and boys in education, and the gap is
increasing as boys are more likely to finish primarybecause of gender segregationand the
socio-cultural pressure that girls be taught by female teachers.

• 14

Nov. 14, 200 7 EV.DFATT.OOO1.oo 17 14 01 23

 • 56. Educational disparity between males and females starts early in life. Primary school enrollment
reflect the inequality that starts at birth, and this disparity increases in secondary and higher
education. Afghanistan has the lowest female literacy rate in the world (between 9%~ 18%). It
is very difficult to find enough women teachers to expand girls' education. A number of reports
talked about girls in the southern region being denied an education because of tradition and
security concerns. The government has funded a number of initiatives to get girls back to
school. Despite these efforts, reports indicates that 24,000 of the 130,000 students in
Kandahar's schools are girls. There are 12 girls' schools in the province, compared with 328
for boys. The department of education also promotes female education on television to
convince parents that school is good.

57. Security in schools is a concern for Afghan people. The rise of suicide bombing and armed
clashes between insurgents and the security forces in Kandahar made those in favor of female
education nervous. In 2005, 150 schools in the region have been closed. Attacks on schools
in Kandahar have increased as insurgents claim that educating girls is against Islam.
Interestingly enough, they also oppose government-funded schools for boys because they teach
subjects besides religion.

Rights to participate in cultural life and community

•
58. Since the establishment of the Interim government, Afghans have enjoyed the freedom to
participate in cultural and community events. Music was banned by the Taliban, but Afghan
musicians have returned to Kabul from Pakistan and Iran as well as some European countries.
Musicians are free to participate in wedding and other special occasions in Kabul. Ethnic
Hazara as well as Hindu and Sikh communitieshave freelycelebrated their religious and cultural
events.

59. Beyond the Mirror: an Afghanistan-US co-production about the conflict in Afghanistan has
been presented in a theater in Brooklyn. The Mirror Inside: first photographyexhibition by the
inaugural class of Kabul's University new photography program will be displayed in Brooklyn.
The Ministry of Women Affairs inaugurated a photographicexhibition of 40 newly trained
female photographers in Kabul before Christmas.

Right to development
60. Afghanistan has launched the process of developing a Poverty Reduction Strategy Paper that
the government titled Afghanistan National Development Strategy(A-NOS covering a five year
time period). The interim phase of Afghanistan's strategy paper is completed and has set the
vision of the Government, which is to consolidate peace and stability through just democratic
processes and institutions, thus reducing poverty and achieving prosperity through broad based

• 15

Nov. 14, 2007 EV.DFAIT.OOO1.oo17 15 0f 23

 • 61.
and equitable economic growth. This vision is mutually reinforcing security, political and
economic dimensions.

The security vision is to create a peaceful andjust society, where the state addresses security
concerns and protects the rights of all Afghans. The governance vision is to develop
Afghanistan into a stable democracy where the three branches of the goverrunent, i.e.
executive, legislative and judicial, provide the necessary checks and balances. The economic
vision is to build a liberal market economy in which all Afghans can participate, without
engaging in product ion, trafficking of narcotics and in other criminal activities. To achieve
pro-poor growth while eliminatingthe criminal economy, Afghanistan will make simultaneous
strategic investment across the security, governance and economic pillars.

C. EQUALITYIDISCRIMINATION
Freedom from discrimination
62 . The Constitution of Afghanistan provides additional guarantees against discrimination, and its
implementation could move Afghanistan closer to the idealexpressed in the Bonn Agreement.
The competition for power is heavily laced with ethnic and religious undertones and reality
demonstrates that, in most cases, women are excluded from positions of power. The severity
of discrimination depends largely on the personal views of power holders and decision makers.

• 63. Results of the September 18, 2005, Parliamentary elections are encouraging as 67 women from
all over Afghanistanhave been elected to the Wolesi Jirga (lower house) and 23 women have
been elected to the Meshrano Jirga (upper house).

64. Over 520,000 Afghans have returned to Afghanistan in 2005 with UNHCR assistance.
Despite large numbers returning, many Afghans remain in neighboringcountries. 7,000
internally displaced persons (IDPs) were assisted to return to their areas of origin, mostly to
Faryab, Badghis, Helmand and Herat, There are still over 150,000!DPs, mainly Kuchi
nomads and Pashtuns living in camps in the southern provinces. They will return when the
political and economic situation will stabilize in the north and the west as food insecuritypersists
in Afghanistan. Intimidationand discriminatory treatment of refugees and IDPs continued in
Afghanistan. Land disputes are aggravated by the absence of a functioning land registry and
dispute settlement mechanism. Many of the Refugees and lOPs who have returned find
reintegrationdifficult or impossible, mostly due to unresolved property disputes and difficulties
ofearning a stable income.

• 16

Nov. 14, 200 7 EV.DFAIT.OOO 1.oo 17 160123

 • Respect for minorities and their human rights and treatment of indigenous people
65. The Constitution guarantees the protection of minorities, recognizes the major language groups
and provides rights of religious practice to Sikhs and Hindus and for the most part these
conununities have freely practiced their religions. Special attention will now have to be paid to
the revision of legislation to ensure the provisions of the Constitution are reflected in the justice
system .

Promotion and protection of women '5 human rights and gender equaUty
66. Despite many obstacles, women are playing a crucial role in the building of a new Afghanistan,
politically and economically. Women have participated in the drafting of the Constitution;
women continue to return to the work force in modest numbers, and to gain access to
education and health services. For example, it was reported that 25 women are among the 400
security guards of President Karzai. Reports also suggest that more women are standing up for
their rights and bringing their cases to family court. Khatol Mohammadzai, a senior officer in
the Afghan National Army, became the first Afghan woman inducted into the International
Women's Forum Hall of Fame for her impact of the lives of Afghan women and men.

67. More schools and public spaces have been opened to women, and access to media and other
forms of expression are on the rise, including women-run radio stations. The Constitution

• 68.
prohibits gender discrimination and states that men and women have "equal rights and duties
before the law". The Constitution also reserves a significant number of seats in the National
Assembly for women - demonstrating much needed affirmative action.

in Parliament, a number of
women have been elected. Wolesi Jirga (lower house) counts 67 elected women MPs from all
over Afghanistan and Meshrano Jirga (upper house) counts 23 elected and appointed women
MPs.

69. During the campaign leading to the September 18 national parliamentary elections, women
candidates were intimidated by anti-government elements. In Logar a women candidate's
house was set on fire prior to the election and another women candidate was shot when she
was campaigning in Nooristan province. A possible candidate for the Helmand province was
killed by anti-government elements before her nomination to be candidate in the elections was
announced,

70. Decades of discrimination and poverty have relegated Afghan women to some of the worst
social conditions in the world. Reports mentioned that more women are running away from

• 17

Nov . 14, 2007 EV.DFATT.OOO1.0017 17 or23

 • what they see as an intolerable situation. Most women who escape domestic troubles are often
forced to fend for themselves on the streets and complain that assistance organizations and the
Women's Affairs Department have done nothing for them. There is a growing awareness
among public officials that the situation is reaching a crisis point. Afghan women are among the
worst-off in the world on measures such as health, poverty, deprivation of rights and protection
against violence, education and literacy, and public participation. Traditional mentality still holds
women back. Forced marriages, under age marriages, and multiple marriages have been
identified as major causes ofself-immolations, along with the depressing consequences of the
past decades of war and the general oppression of women. Reports suggests that Herat has un
unusually high number of women who have resorted to self-immolation. Dr Barakatullah
Mohammadi, head of emergency services at the Herat Hospital, reported that he had seen
close to 250 cases in the last 6 months of2005.

71. Attacks on girls' schools occurred in 2005. A number of girls' schools were attacked by
unidentified persons, causing damage to school buildings, tents and educational materials. The
death of Nadia Anjurnan, Afghan Poet from Herat, is another example of domestic violence
against women. A number of reports have also been issued condemning the poor working
conditions, low wages, long hours and health problems of girls and women treated as unpaid
slaves in the Afghan carpet industry.

• Children '5 rights

72. Afghanistan's infant mortality stands at 257 per 1,000 live births as compared to 11 7 in 2004.
One of every five children die before reaching the age of five. One in eight children die because
of contaminated water. Every year 85,000 children die of diarrhea and it is es~imated that I
doctor is available for every 50,000 children. Between 33% to 35% of children have no
access to health services. Vaccination programs against measles and other childhood diseases
are improving but lots remain to be done. According to UNICEF, about 60% of children have
lost a family member and 35% of children have lost their relatives and friends. It is estimated
that 60,000 child laborers are working in the streets.

73. UNICEF reported in November 2005 that about half of Afghan children suffer from
malnutrition. As a result of hunger, Afghan children often cannot concentrate in school.
UNICEF and a local NGO partner are supporting the GOA to improve children's nutrition
status. If any child is identified as suffering from very severe malnutrition, the child is enrolled in
a special feeding program.

74. Children are a significant percentage of the innocent victims of the landmines that continue to
threaten the lives of women and children on a daily bases. Latest estimates indicate that

• 18

Nov. 14 , 2007 EV.OFAIT.OOO1 .oo17 18 ot 23

 • 75.
approximately 100 people are killed or injured by landmines every month in Afghanistan, many
of them children.

Children continue to helptheirfamilies with income to meet basicneeds, especially those of

female-led households. Among children who do paid work, many of them are involved in light
agricultural work, mechanical workshops, restaurants, carpet weaving and labouring on building
sites. Others roam the street as shoe-shine boys, book-sellers or beggars.

76. UNICEF reported in December 2005 that an estimated 1 million child laborers under 14 are
deprived of education, healthcare and other necessary facilities for human development across
Afghanistan. UNICEF also expressed its concern that a considerable number of children were
involved in heavy and dangerous work, such as construction. According to Mohammad Ghaus
Bashiri, Deputy Minister at the Ministryof Labour and Social Affairs, 38,000 child labourers
have been provided with vocational training and literacy programmes in 2005.

Rights of persons with disabilities

77. According to various governmental and UN SOW"CeS, it is estimated that between 800,000 and
2 million Afghans are disabled due to war and landmines (25%), and prenatal complications
such as malnutrition and drug addiction. Reports of regular demonstrations by persons with

• 78.
disabilities in Kabul reinforces their feeling of neglect by the government.
According to the Deputy Minister for the Disabled, Sayed Mohammad Hadi Hadi, only 70,000
persons with disabilities have registered to receive the government grant (a monthly allowance
of 300 afghani).

Sexual orientation
79. With the annulment of all Taliban decrees, homosexuals are no longer publicly punished.
Homosexuality is still a taboo subject in Afghanistan,

Rights of migrants, intemaDy displaced persons and refugees

80. The government actively cooperates with UN agencies and NGOs for the return of refugees
and the re-integration of Internally Displaced Persons (lOPs) into their communities of origin.
lOPs residing in lOP camps in the south say they are reluctant to return to their places of origin
as commanders have taken over their homes and land, and work opportunities were almost
non-existent.

• 19

Nov. 14, 2007 EV DFAIT.OOO1 00 17 190123

 • 81. Over 520,000 Afghans have returned to Afghanistan in 2005 with UNHCR assistance.
Despite large numbers returning, many Afghans remain in neighboring countries. 7,000 lOPs
were assisted to return to their areas oforigin, mostly to Faryab, Badghis, Helmand and Herat.
There arestill over 150,000 IDPs, mainly Kuchi nomads and Pashtuns living in camps in the
southern provinces. They will return when the political and economic situation will stabilize in
the north and the west as food insecurity persists in Afghanistan. Intimidation and
discriminatory treatment of refugees and IDPs continued in Afghanistan. Land disputes are
aggravated by the absence of a functioning land registry and dispute settlement mechanism.
Many of therefugees and IDPs who have returned find reintegration difficult or impossible,
mostlydue to unresolved property disputes and difficulties of earning a stable income.

III CANADIAN REPRESENTATIONSIINTERVENTIONS

Summary of RepresentationsIDemarches
82.

•
83. Canada and Afghanistan signed a Detainee transfer Arrangement in December 2005 which
guarantees the rights and protections of detainees transferred to the GOAby Canadian Forces.

84. Canada was a major sponsorof the AlliRCIUNAMA PoliticalRights Verification Project
which investigated allegedcases of election violenceand intimidation throughout the 2005
National and Provincial Council Elections.

85.

86. Canada a1sn successfullylobbied fnr

gender and human rights to be reflected in the Afghanistan Compact.

• 20

Nov. 14, 2007 EVDFAITOOO1.oo17 20 0123

 • Summary of Canadian Programs and Activities
87. Canada continues to make a strong contribution to the rule of law and respect for basic human
rights in Afghanistan through support ofseveral justice, corrections and human rights projects.

88. This involvement includes a S6.3million CIDA contribution over two years to the project
Strengtheningthe Rule of Law in Afghanistan currentlybeing implemented by the International
Development Law Organization (IDLO). This project will assist the country in rebuilding its
legal and judicial system through the improvement of access to justice for its people. Enhanced
access to legal aid, especially for disadvantaged groups such as women, and enhanced capacity
of the judiciary via better trained judges, lawyers and prosecutors will help the government to
extend the reach of its justice system beyond the main cities, into the provinces and rural areas.

89. The lack of prosecution of serious drug-related crime fosters disrespect for the rule of law. '
CIDA is also supporting, in concert with other like-minded donors, a United Nations Office
and Drugs and Crime (UNODC) project, Capacity-Building for a Functioning Counter
Narcotics Criminal Justice System. The CIDA grant ofSlmillion towards the UNODC project
will improve Afghanistan's capacity to address serious drug-related offences by providing
training and mentoring to professionals in law enforcement and criminal justice and by improving
the physical infrastructure ofK.abul's maximum security prison.

• 90. Through the project Support to Police Reform, CIDA is providing a Senior Police Advisor to
the UNAMA. As such, this Advisor has operational authority over all civilian police officers
assigned to UNAMA . Overall project objectives include advice to govenunent, SRSG and
Afghanistan Police Force (APF) on restructuring of the APF, and advice on the maintenance of
law and order throughout the country.

91. CIDA is also contributingS1.75million to Rights and Democracy(R&D), a Canada-based

organization, towards a Women's Rights Fund which supports women ' s roles in peacebuilding
within the country, promotes the understanding of human rights for Afghan women and helps
assure a space for women's voices in the country's political , judicial and civil processes.

92. A Media Support project with the Canada-based Institute for Media, Policy and Civil Society
(IMPACS) has helped Afghan civil society groups to implement their own women -focused
media initiatives, independent radio stations and a radio production unit, which contributes to
democratic development and highlights women's rights. CIDA has contributed $2 million over
two years to the project.
93. In addition to its programming and project work in Afghanistan, Canada has also participated in

• 21

Nov. 14, 2007 EVOFAITOOO1.00 17 21 0123

 • the process which resulted in the Ten Year Strategy for Justice Reform in Afghanistan: Justice
For All, now approved by the Government. Our active involvement continues in the Justice
Consultative group and various Working Groups as donor and govenunent representatives
work out key priorities and action plans for the near and medium terms.

Ideas/Suggestions
• Ensure that Afghan human rights, including transitionaljustice, remain first and foremost on the
agenda in international fora, including the London Conference and other UN meetings on
Afghanistan. Strongly resist all efforts to downgrade the seriousness of the human rights and
governance situation.

• Strongly resist all efforts to limit the mandates of Special Rapporteurs or Independent Experts
of the UN Human Rights Commission in investigatingand reporting on any aspect of human
rights in Afghanistan, and advocate measures to ensure implementationof report
recommendations.

• Issue statements to the press in support of the findings of AIHRC and UN reports on human
rights, good governance and democratic development in Afghanistan.

• • Briefvisiting Ministers and senior officials on Afghanistan's failures to address impunity,

governance issues and other constraints to democratic development with a view to raising this
issues with their counterparts.

• Strongly advocate the inclusion of talking points for visiting Ministers to highlight Canada's
human security policy and position on impunity for human rights abuses, including the Canadian
view that there can be no lasting peace withoutjustice.

• Advocate with other govenunent departments for Afghanistan to be designated a source

country for the women at risk refugee program.

• Ensure that Canadians deployed in a military or policy training capacity are thoroughly briefed
on the prevalence of human rights abuses and establish a zero tolerance
policy for human rights abuse by Canadian forces deployed in Afghanistan.
• Develop a concrete and funded plan of action for Canadian support for the recommendations
of the AIHRC survey on transitionaljustice and advocate with like-minded embassies to ensure
the President's commitment to transitionaljustice is actioned.

• 22

Nov. 14, 2007 EV,OFAIT.OOO1.oo17 22 0123

 • • Advocate, and provide funding and personnel, to support UNAMA in meeting its mandate for
human rights promotion and protection in Afghanistan, and require UNAMA to report semi-
annually on the action taken and results achieved in the areas of good governance, democratic
development and human rights.

• The Provincial Reconstruction Team (PRT) concept could be further refined to support the
extension of the central government outside Kabul, including support for all pillars of security
sector reform through embedded military and civilian police forces, and removing national
caveats which prevent PRTs and ISAF in Kabul from supporting Afghanistan in tackling the
criminal element enjoying impunity in Kabul, at the border and on the highways.

Prepared by: Cacchione

Consulted: Baldwin-Jones, Abdul Samad, Banerjee, Green, Libront
Approved: Sproule

• 23

Nov. 14, 2007 EV.DFAIT.OOO1.0017 23 or23

 • AFGHANISTAN - 2006
CONFIDENTIAL -CEO

GOOD GOVERNANCE. DEMOCRATIC DEVELOPMENT AND HUMAN RIGHTS

I. SUMMARY

1.
Afghanistan still faces immense political, economic, social, and security
challenges. These continue to inhibit progress in the field of human rights. democratic
development and good governance.

tmpuruty remains a pro em In e a ermat 0

much-needed reforms of thejudiciary remain to be implemented. Effortscontinue by the
government to combat still widespread discrimination against women and girls. Refugees
returning from Pakistan and Iran, as well as internally displaced persons, face huge economic

•
challenges. More generally, grindingpoverty, a high level of corruptionand the deteriorating
security situation make it extremely difficult to realize economic, social and cultural rights, as
enshrined in the Constitution, including access to education and workers' rights . Nevertheless,
the Govemment of Afghanistan, supported by the international community, remains committed
to political, legislative and policy initiatives aimed at improvingthe situation. Canada continues
to playa significantrole in the development and implementation of many of these initiatives.

II. OVERVIEW

2. The year 2006 ended on a high note, despite setbacks throughoutthe year. The Action Plan on
Peace, Reconciliation and Justice was launched by PresidentKarzai, three new Afghanistan
Independent Human Rights Commissioners were appointed, and there was some optimism in
international circlesthat the Government was finallyready to move on the issue of corruption.
However, all in all, 2006 was not a good year for human rights in Afghanistan. The education
system was attacked, women are feeling vulnerable and corruption remains an endemic
problem.

3. The security situation, particularlyin the south and east, deteriorated with 2006 being the

• 1

Nov. 14, 2007 EV.DFAIT.OOO1 ,0020 1 0120

 • deadliest year since the fall of the Taliban. Much of rural Afghanistan was plagued by bandits,
warlords and narcotics traffickers. People working for, or supporting, the government were
increasingly targeted, not just in the south but across Afghanistan. Assassination attempts--
one of them successful -- were carried out againstseveral Governors. Provincial members of
Parliament, Provincial Council members, teachers, police, engineers, other government officials,
and aid workers have been attacked, abductedor killed. Some government workers have
stopped going to work because they fear for their lives. Female workers are quitting due to the
insecurity. Many aid groups in the south have closed shop or dramatically scaled back their
work because of the situation.

4. Public trust in law enforcement agencies remains low.

The
international community, recognizingthat corruptionis one of the key issues that must be
addressed in 2007. is further increasingpressure on GoA to make concrete progress on this
issue.

5. One positive development in the governancesector is the formation of the Senior Appointments
Panel to advise the President, through a clear and transparent process, on high-level
appointments. These would includeall senior appointments to the central government and the

• judiciary, as well as provincial governors, chiefs of police,district administrators and provincial

heads of the National Directorate of Security. The establishment of the panel is a step towards
the long-term goal of democracybuilding. It is one of the key actions in the Action Plan on
Peace, Reconciliation and Justice and one of the benchmarks in the Afghanistan Compact.

6. Other positive developments include the approval of the SupremeCourt nomineesand the first,
mostly successful,year of Parliament. The new SupremeCourt is more reform-minded and
professional, with less prima facie evidence of factional interference. Parliament, which claimed
to have achieved 80% of its goals, functioned better in its first year than many anticipated.

7. The formatjustice system is largelyinaccessible to most Afghans, and is still plagued by severe
and systematicproblems. Allegations ofjudicial conuption are rife and interferencefrom
authorities is widespread. There is an inherent lack of coordination between the police,
judiciary and public prosecutionoffices. Some progress is being made -- judges and
prosecutorsare being trained, more defendants are being represented, courthousesand prisons

• 2

Nov, 14. 2007 EV,OFAIT,0001.0020 2 of 20

 • are being built or improved, and the capacity ofjustice institutions is being enhanced.
Nevertheless, the justice system still suffers from a shortfall of qualified officials, adequate legal
education, and the necessary administrative tools and physical infrastructure to administer
justice properly, fairly or effectively.

8. Freedom of expression remains problematic. Parliament has proposed changesto a new

Media Law that infringeon free media, while~as distributed a letter to the
heads of all mediaorganizations requesting that they ban or restrict broadcasting materials that
lower public morale, cause security problems or which are against the national interest. Most
media organizations report that they are ignoring the letter.

9. There were some shortcomings this year in the treatment of one religious minority. Abdul
Ralunan faced the death penalty for converting to Christianity. Only after intensive international
efforts was he released and given asylum in Italy. Numerous Christian Koreans were deported
in the summer for allegedly proselytizing.

10. Violence against women is still widespread, both at home and in public. Female politicians,
activists and workers face intimidation and violence. Increasingly women are quitting
(sometimes involuntarily) their jobs; fewer are venturing out into public. Many women who run

• 11.
away from what they see as an intolerable domestic situation are forced to fend for themselves
on the streets or end up in jail for defying their husbands or fathers. There is a growing
awareness among public officials that the situation is reaching a crisis point.

Attacks on the education system increased sharply with more attacks reported in the first half
on 2006 than in all 2005. Schools allover the country have been burned -- 150 to 198 in total,
according to the latest figures. In the four southern provinces, over one third of schools have
been closed. In many districts no schools operate at all. 'Night letters' are pinned to doors
threatening violence against teachers, students and parents. Children have been attacked on the
way to school. Twenty teachers were killed in attacks in 2006, including a teacher from
Helmand who was beheaded and two sisters, both teachers, from Kunar who were killed along
with the rest of their family. Twenty thousand students have been forced out of school by
threats and violence. These attacks are having a particularly detrimental effect on girls
education. Despite this pressure, the Government's overall record on education, including for
girls, is much improved compared to the period ofTaliban rule.

12. The human rights capacity ofUNAMA has increased somewhat but the organization is still
spread thin.

• 3

Nov. 14 , 200 7 EV.DFAIT.OOO1 ,0020 30120

 • _It also maintains an extensive human rights data.bank with information collected
~ghout the country. UNAMA is also actively engaged on the issue of corruption, including
the formation of a probation board to review 14 poor second-echelon appointments in the
police sector. It is also pushing for the formation and implementation of the Senior
Appointments Panel.

13. In 2006, a number ofintemational programs for good governance, rule of law and poverty
alleviation -- all key drivers to improve human rights and the democratic development of
Afghanistan n wereinitiated. However, this sector remains under-developed.

II. STATE OF INTERNATIONALLY RECOGNIZED RIGHTS AND FREEDOMS

A. CIVIL AND POLITICAL RIGHTS

Physical Integrity and Security of the Person

14. Political repression, human rights abuses and criminal activity by warlords, police, militia and
remnants of past Afghan military forces are of serious concern to Afghans. Military, intelligence
and police forces have been accused of involvement in arbitrary arrest, kidnapping, extortion,

•
torture and extrajudicial killing of criminal suspects. Although the situation has improved
significantly compared to previous regimes, public trust in law enforcement agencies remains
low.

15.
Some police officers,
including district and provincial police chiefs, have been accused of serious human rights
violations including arbitrary detention, torture and killings. Some district, provincial and national
police officers and Ministry of Interior officials are also implicated in criminal activity, including
the drug trade. Concerns also exist with respect to the recruitment, vetting, training and
d 10 ent of Auxili Police.

16. The Afghan National Army is considered less corrupt and more professional than the ANP.
Similarly, the Ministry of Defence is generally well regarded. There have been allegations of
corruption, professional misconduct and involvement in drug trafficking but not to the same
extent as the ANP and Ministry of Interior, which remain largely unreconstructed.

• 4

Nov 14. 200 7 EV.DFAIT.OOO1.0020 4 0120

 • 17.

18. The security situation, particularly in the south and east. deteriorated with 2006 being the
deadliest year since the fan of the Taliban. The number of attacks by militants quadrupled since
2005, to about 600 a month (though numbers fluctuate greatly from month to month). Suicide
bombings were commonplace. In addition, much of rural Afghanistan was plagued by bandits,
warlords and narcotics traffickers.

19. People working for, or supporting, GoA -- including police, teachers, doctors, other government
officialsand internationals -- wereincreasingly targeted, notjust in the south and east but on
occasion in other parts of Afghanistan. Assassination attempts were made against several
Governors, including a successful suicide attack against the Governor of Paktia in September.
Provincial members of the national Parliament. Provincial Council members, teachers, police,
engineers, other govenunent officials, and international aid workers have been attacked,
abducted or killed. To offer just three examples out of many: Nineteen construction workers
were killed in southern Afghanistan when their bus was hit by a bomb and then fired upon by

•
militants; a UN Habitat employee was killed by militants while driving his car in Farah; and the
Director of Women's Affairs in Kandahar was assassinated. Some govenunent workers have
stopped going to work because they fear for their lives. Female workers in particular are
quitting due: to the insecurity. Many aid groups in the south have closed shop or dramatically
scaled back thei r work because of the situation.

20. Civilian casualties are an increasing concern. Some 84% of the people killed by suicide
bombers in 2006 were civilians. Fighting in the south has produced an estimated 3000 Afghan
deaths, including 1000 civilians.

Rule of L awl Due Process

21. The Afghanistan National Deve lopment Strategy (ANDS), adopted in early 2006, recognizes
the need for state-sponsored justice to be made avail able to all Afghans. The Govenunent of
Afghanistan (GoA) also recognizes tha t a functioning justice system is an essential component of
coming to terms with a violent past and of building a secure and prosperous future where an
independent judiciary and accountable law enforcement system will ensure human rights and
lega l protections for all Afghans. Under the ANDS, a number of benchmarks have been
developed to measure progress on justice-sector reforms.

• 5

Nov. 14, 2007 EV.DFAI T.OOO1,0020 50120

 • 22. Despite some progress on reform efforts to date, Afghanistan's formal justice system continues
to suffer from severe and systemic problems. Judges and prosecutors are being trained, more
defendants are being represented, courthousesand prisons are being built or improved and the
capacity of the permanent justice institutions is being enhanced. Nevertheless, the justice
system still suffers from a shortfall of qualified officials, adequate legal education. and the
necessary administrative tools and physical infrastructureto administerjustice properly, fairly or
effectively.

23. In thejudicial system, incidents of corruption, bribery, arbitrary arrest, mistreatment, intimidation,
interference by the authorities, and other forms of govenunental abuse and arbitrariness are
reported with regularity. The right to defense in a criminal trial is violated on a regular basis.
Judges in district courts are often selected because of tribal or factional affiliations, rather than
professional qualifications or experiences.

24. Equality before the law tn Afghanistan is still not a reality. The judiciary is influenced and subject
to intense pressure from high profile leaders, armed individualsand officials, resulting in concerns
by judges about personal security. Detainees who have money or links to influential government
officials. tribal leaders or warlords are often presumed innocent or released even before they

•
enter a court of law. Those who have no money or power can remain in prison without trial for
months and possibly years.

25. Access to justice for women, who are poorly represented in the formal system and not at all in
the traditional system, remains scarce. Discriminatory decisions are conunon in both and it is still
common in the traditional system for girls to be used as compensation. The majority of women
detainees are held for "sexual" crimes such as escaping abusive husbands. Many would rather
stay in jail than return home.

26. There is a conflict between formal sources of law, such as the Constitution, legislation,
international human rights standards and Sharia law, and traditional fora. The formal system is
largely inaccessible to most Afghans and, particularlyin rural areas, is often regarded as foreign
to (and incompatible with) local customs, values and traditions. As a result, traditional systems
form the judicial reality for most - estimates range from three-fifths to nine-tenths- Afghans.

27. There is poor coordination between the police.judiciary and public prosecution offices.
Tensions between the main judicial institutions•• Ministryof Justice, Attorney General's Office,
Supreme Court and Ministry of Interior -- exist in part due to overlapping mandates •

• 6

Nov, 14. 2007 EV.oFAIT,0001.0020 6 of 20

 • 28.
The situation has improved somewhat with the appointmentsof
the new Chief Justice and Attorney General.

Substantial delays occur in the delivery ofjustice, due in part to an automatic right of appeal to
the Supreme Court from any decision of a trial court. The Supreme Court is not equipped to
deal with appeals in a speedy manner and therefore its backlog of cases continues to rise.

29. Very little has been done to ensure a commonjurisprudential approach across Afghanistan or
that new laws are consistent with existing laws. The Taqnin, the legislative department of the
Minis of Justice, is char ed with drafting law but is often unable to do so effectively_
Parliament, which also suffers from a lack of capacity. is often
unable to meet its constitutional requirementto review laws within 30 days.

30. A judicial education needs assessment and strategy proposal, presented by the Supreme Court
in May. showed that almost 37% ofjudges lack higher education and of those with education,
almost 44% were trained in Sharia law. Fewer than 12%have a background in law and political
science and the rest have a non-legal education.

•
31. There are some bright spots. Copies of all basic legal texts as well as the Constitution have been
distributed to the courts, Ministry of Justice and AttorneyGeneral offices. A culture of criminal
defence advocacy is being increasingly instilled into the legal community. There are a nwnber of
highly effective legal aid efforts. The International Legal Foundation is expanding its efforts
throughout the country and plans to nationalizethe program in 2007. A draft Advocates law
formally establishing an Independent Bar Associationhas been finalized and is awaiting
enactment by Parliament.

32. The Supreme Court nominees were approvedby Parliament this year and the new court is more
reform minded and professional. There is less prima facie evidence of factional interference.
Abdul Azimi, the new Chief Justice, together with seven other judges, was confinned in August.
He is regarded as impartial, moderate and professional with intemationallegal experience. Azimi
has dismissed severaljudges throughout the countryon grounds of lack of professionalism or
alleged corruption.

33. Also in August, Abdul Jabar Sabit was approved as the new AttorneyGeneral. He has
identified tackling corruption as his main priority. A number of prosecutors and other officials,
including the mayor ofHerat, have been removedon his orders due to corruption or lack of

• 7

Nov, 14. 2007 EV.DFAI T.OOO1,0020 70120

 • - 34.
adequate qualifications.

The Action Plan on Peace, Reconciliation and Justice was finally launched by President Karzai in
December, a year after it was approved by Cabinet and after much lobbying by the Afghanistan
Independent Human Rights Commission (AIHRC),
The launch included an
announcement of a National Day of Mourning and a monwnent to Victims at Pol-i-Charki. Also
formed this year was an Advisory Panel to advise the President on senior political appointments.
It is anticipated that this Panel will come into force sometime early in the new year.

35. Since the fall of the Taliban and as the ru le ofJaw in the country changes, more and more people
are ending up in prison •• For example, many end up in prison
for crimes such as running away from home. Extensive pre-trial detention of the umepresented
remains common, as well as prisoners not being released at the end of their sentences. UNAMA
and the AIHRC have undertaken a comprehensive study into the issue of arbitrary detentions
and a report is due to be released in February 2007.

36. According to Ministry of Justice statistics, the number of detainees and prisoners has doubled in

•
the last two years and as ofOetober stood at 9357 detainees I prisoners, including 266 women.
The ratio of detainees to convicted appears to be rising as the number of arrests increases while
the capacity of the courts remains limited.

37. Most prisons are overcrowded and lack basic amenities. They require significant and urgent
improvements to bring them up to international standards. Some are rented and not designed for
use as prisons. Adequate, separate housing for women, accompanying children and juveniles
remains an issue.

Polidc:aV Demceeatie Rights and Freedoms

38. Successful parliamentary elections were held in 2005 and the new Parliament was sworn in on
December 19 of that year.
- 'wnber of strong MPs were elected. TheWolesi Jirga (Lower House) counts 67
elected women MPs from allover Afghanistan and the Meshrano Jirga (Upper House) counts
23 elected and appointed women MPs.

39. Parliament functioned better in its first year than many anticipated. By its own estimation, it
achieved 80% of its goals. Some of its accomplishments include establishing Rules of Procedures

• 8

Nov. 14 , 2007 EV.DFAIT.OOO1.oo20 80f20

 • and Parliamentary commissions, approving Cabinetmembers, confirming SupremeCourt
candidates. adopting the law on prisons and the juvenile code, and passing the budget. Tensions
remain between Parliament and the Government over their respective roles.

40. Civil society organizations are strong in Kabul and in some major cities. Capacity and
effectiveness are still somewhat problematic but continue to improve.

41. According to the Ministryof Justice, 85 political partieshave been officially registered in
Afghanistan to date. However, they still have a long wayto go in becoming truly representative
political groups that can challenge the government administration.

42. The opportunity to express political opinion and criticize government through the media has
shown improvement. but people still do not enjoy full freedom of expression and association for
fear of reprisal, particularly in the provinces where militia commanders and warlords often wield
power. Freedom of the medi a is still less than a full reality in Afghanistan, which led to the UN
to call for «th e need to ensure respect for the right of freedom of expression and right to freedom
of thought, conscience or belief."

•
43 . Afghanistan proved a dangerous envirorunent for journalists in 2006. Three were killed -- two
German journalists were shot dead in northern Afghanistan, the first foreign journalists killed
since 2001 . and a local journalist was killed in Kandahar province. Several journalists were
abducted. including separate incidents in Helmand of an Italian photojournalist and two Pakistani
journalists being detained by militants. Female journalists received death threats. A community
radio station in Logar province was fire bombed. Journalists trying to film a protest in Kabul
were surrounded and threatened by gunmen.

44. There have been tensions between journalists and Parliament over the coverage of Parliament. A
cameraman from Tolo TV was threatened and slapped by a member of the lower house after he
was filmed attacking a female MP making a speech. Abdul Oudoos, a radio reporter, was
detained for more than eight months without any evidence, after a parliamentarian accused him
of being behind an attempt to murder her. Her grounds for making this accusation were that his
radio station's editor was her leading opponent in the legislative elections.

45. In June. an anonymous document was circulated to all heads of media organizations requesting
that the media ban or restrict broadcasting those-material s which damage the morale of the
public, cause security problems or which are against the national interest. These included claims
by. and images of, anti-government groups; negative views about foreign armies stationed in

• 9

Nov 14,2007 EV_DFAIT_OOO 1_0020 90120

 • Afghanistan; and infonnation that goes against Islamic teachings and Afghan customs. TerroristJ
militant activities werenot to be the lead story on the news.

46.

47. The Ministry of Infonnation and Culture reports that there are 532 newspapers across the
country, 437 of them independent. However, most of them are based in Kabul, and many
'independent' papers serve as mouthpieces of politicians or factions. There are also 42 radio
stations and five private television stations.

B. ECONOMIC, SOCIAL, CULTURAL RIGIITS

• 48. The economy is expanding (GOP growth for 2006 was estimated at 14%); the construction
industry offered the most new employment, although agriculture remains the largest economic
activity in the country. However. the largest economic driver remains illicit -- drugs and
smuggling. Not only does this put significantmoney and resources into the hands of criminals, it
diverts human, capital and natural resources to the black market and denies the GoA much
needed revenue. Foreign Direct Investment continues to be discouraged by the absence of a
reliable justice sector and the lack of security.

Right to the highest attainable standard of physical and mental health

49. The population of Afghanistan is estimated to be 28.6 million. Life expectancy for Afghans is
approximately 45 years at birth, far less than the life expectancyof any of Afghanistan's
neighbours. Forty five percent of the population is under 15 years of age and over 70010 are
illiterate. Presently, little data exists concerning rates for HIVI AIDS in Afghanistan, but there is
a growing consensus that it is emerging as a serious health concern given the increasing number
of drug users. In 2006, there were between 58 and 61 registered cases ofHlV/AIDS in
Afghanistan but between 1500 and 2000 suspectedcases. There is no blood screening, little
condom use and very little knowledge of the disease or how to prevent it. About 8 millions

• 10

Nov. 14, 2007 EV.DFAIT.OOO1,0020 10 of 20

 • planted mines remain in AfghaDistaD, i.e. one mine for every 3.2 people. A large proportion of
illnesses and deaths are caused by preventable communicable diseases, childhood respiratory
infections and diarrhea. Piped water and sewage network are limited and in poor condition due
to lack of maintenance and war damage. Many people suffer from symptoms of depression,
anxiety, and post-traumatic stress disorder.

50. There are almost I million drug addicts, including approximately 60,000 children under the age
of 15. It is common practice in some rural areas to give babies opium. to keep themquiet.
Very few centres are avai1able in the counlry to deal with drug addicts. Reuse of needles is
common.

51. Between 1,600 and 2,000 in 100,000 women die from pregnancy-related causes, which is the
highest rate of maternal mortality after Sierra Leone and Angola. The infant mortality rate is
approximately 160deaths per 1000 live births. Only 14%of births are attended by skilled
health personnel.

52. Clinics and hospitals are in poor condition and manydoctors are unqualified. Hygiene
conditions are woeful in most clinics and hospitals. Manypeople in rural areas have no access
to proper medical facilities and are many kilometres away from a clinic. In some parts of the

• country, new clinics are being built and others are being refurbished. This is not necessarily true
in insurgency-affected areas in the south and east, where medical professionals have been
targeted by militants as part of their effort to disrupt government services.

Right to an adequate standard of living

53. Afghanistan is one of the poorest countries, not only in its region but also in comparison to the
poorestcountries in Africa. Afghanistan is ranked 169· out of 178countries in the human
development indicators. About 60% of the population has no access to clean drinkable water.
Food shortages are a common occurrence. Nearly 40% of the rural population does not have
sufficient food to satisfy basic hunger. Millions of Afghans are chronically or seasonally food
insecure, due to lack of income and weak. employment opportunities. The government has
been unable to address the serious food shortages in some parts of the country.

54. Women and children in rural areas eat after men and guests finish, which leaves them
particularly vulnerable. Many fanners in rural areas say that when they grew the traditional
crops of wheat and com, these crops could not provide for their yearly needs; they therefore
had no choice but to tum to the illegal cultivation of poppy, which increased almost 60% in
2006.

•• 11

Nov. 14, 2007 EV.DFAIT.OOO1 .oo20 110120

 • 55. Although the GoA is developing programs to address land and property-rights reforms, the
slow progress of land reforms and the arbitrary enforcementof property rights undermine the
poor. As a result of widespread land grabs, many Afghans have been internally displaced.
Some refugees in Pakistan and Iran were reluctant to return to Afghanistan as, in addition to the
security situation and lack of viable work, warlords and commanders continued to evict people
from their properties and govemment-owned lands. Property laws and rights are often in
dispute and the courts are not equipped to ensure basic legal protection, thus making it difficult
for the poor or those without personal connections to power brokers to defend their rights.

Right to Social Security

56. Afghanistan does not have a social security system.

Right to seek wo rk, jus t and favourable conditions

57. The right to work is enshrined in the constitution, as are the principles of equal pay for equal
work, just and favourable conditions, protection against unemployment. just and favourable
remuneration. and the right to form and join trade unions. to leisure. to reasonable working
hours and to periodic holidays. However. the economic reality is that these rights are not

•
attainable for all but a very small portion of the working population.

58. Many of the refugees and IDPs who have returned find reintegration difficult or impossible,
mostly due to unresolved propertydisputes and difficulties of earning a stable income. Many as
a result choose to remain in neighbouring countries.

Right to education
59. The GoA has committed in the Afghanistan National Development Strategy to expand access
to primary and secondary education, increase enrollment and retention rates. and strengthen the
curriculum and quality of teachers. It aims also to build a well-managed and internationally
recognized system of higher education thatresponds to Afghanistan's growth and development
needs.

60. Free primary, secondaryand post-secondaryeducation is provided for in the Constitution.

Girls and boys have had equal access, in theory, to education since the establishment of the
Interim Administration. It is estimated that 6 million children are back in school, one-third of
them girls. However. half of all school-age children are still not in school. including the majority
of school age girls. Many children in rural areas have no access to education at all.

• t2

Nov. 14 , 2007 EV.DFAIT.OOO1.oo20 12 ot 20

 • 61. Women and girls are far behind men and boys in education, and the gap is increasing as boys
are more likely to finish primary school because of gender segregation and the socio-cultural
pressure that girls be taught by female teachers, who are in short supply. Only 5% of girls are
enrolled at the secondarylevel.

62. Attacks on the education system increased sharply, with more attacks reported in the first half
of2006 than in all 2005. Schools all over the country have been burned (150 to 198 according
to the latest figures) . In the four southern provinces, one third of the schools have been closed.
In many districts no schools operate at all. 'Night letters' are pinned to doors threatening
retribution on teachers, students and parents. Children are attackedon the way to school.
Twenty teachers were killed in attacks in 2006, includinga teacher from Helmand who was
beheaded and two sisters. both teachers, from Kunar who were killed along with the rest of
their family. Twenty thousand students have been forced out of school by threats and violence.
These attack s are having a particularly detrimental effect on girls education.

Rights to participate in cultural life and community

63. Since the establishment of the Interim Government, Afghans have enjoyed the freedom to
participate in cultural and community events. Music was banned by the Taliban, but Afghan

•
musicians have returned to Kabul from Pakistan and Iran as well as some European countries.
Musicians are free to participate in weddings and other special occasions in Kabul. Ethnic
Hazara as well as Hindu and Sikh communities have freely celebrated their religious and cultural
events.

64. The collection at the Afghanistan Museum in Exile, established in Switzerland in 1999. is slated
to return to Kabul in early 2007.

Right to development
65. The Government presented its Afghanistan National Development Strategy (ANDS) in late
January 2006. The Strategy sets out the Government's vision for Afghanistan for a five year
period. The vision is to "consolidate peace and stability through just. democratic processes and
institutions, and to reduce poverty and achieve prosperity through broad based and equitable
economic growth." The ANDS has mutually reinforcing security, political and economic
dimensions.

66. The security vision is to create a peaceful and just society, where the state addresses security
concerns and protects the rights of all Afghans. The governance vision is to develop

• 13

Nov, 14. 200 7 EV,OFAIT,OOOl .0020 13 of 20

 • Afghanistan into a stable democracywhere the three branches of the government, i.e.
executive, legislative and judicial, provide the necessary checks and balances. The economic
vision is to build a liberal market economy in which all Afghans can participate, without
engaging in production, trafficking of narcotics and in other criminal activities. To achieve
pro-poor growth while eliminating the criminal economy, Afghanistan will make simultaneous
strategic investment across the security, governance and economic pillars.

67. Despite the good intentions of the ANDS. implementationis proving considerablymore

-
problematic.

C. EQUALITYIDISCRIMINATJON

Freedom from discrimiiladoD

68. The Constitution of Afghanistan provides guarantees against discrimination, and its
implementation could move Afghanistancloser to the ideal expressed in the Bonn Agreement.
In practice, the competition for power is heavily laced with ethnic and religious undertones,
while women in most cases (there are exceptions) are excluded from positions of power.

• Respect for minorities and their human rights and treatment of indJgenous people
69. The Constitution guarantees the protection of minorities, recognizes the major language groups
and provides rights of religious practice to Sikhs and Hindu s. For the most part, these
communities have freely practiced their religion. Special attention will now have to be paid to
the revision of legislation to ensure the provisions of the Constitution are reflected in the justice
system.

70. Respect for other minorities, in particular Christians, was not always apparent. In February,
Abdur Rahman was arrested and faced the death penalty for converting to Christianity. Only
after international pressure was he released and spirited away to Italy. Hundreds of Korean
Christians were deported in the summer for violating their tourist visas by engaging in non-
tourist activities they were accused of proselytizing.
n

Promotion and protection of women's human rights and gender equality

71. Despite many obstacles, women are playing an important role in the post-Taliban era. Women
have participated in the drafting of the Con stitution. They continue to return to the work force
in modest numbers, and to gain access to education and health services. Reports also suggest

• 14

Nov, 14. 200 7 EV,OFAtT,OOOl .0020 14 of 20

 • that more women are standing up for their rights and bringing their cases to family court. More
schools and public spaces have been opened to women, and access to media and other forms
of expression are on the rise, including women-run radio stations.

72. The Constitution prohibits gender discrimination and states that men and women have "equal
rights and duties before the law." The Constitution also reserves a significant number ofseats in
the National Assembly for women. demonstrating muchneeded affirmative action. Results of
the 2005 Parliamentaryelections are encouragingas 67 women from allover Afghanistan were
elected to the Wolesi Jirga (lower house) and 23 women are members of the Meshrano Jirga
(upper house). The first female prosecutor in the country was appointed in Herat. One third of
the members of the National Journalist Association are women.

73. However, decades of discrimination and povertyhave relegated Afghan women to some of the
worst conditions in the world on measures such as health, poverty, deprivation of rights,
vulnerability to violence, education, literacy and public participation. Reports mentioned that
more women are running away from what they see as an intolerable situation. Women who
escape domestic troubles are often forced to fend for themselves on the streets, or end up in jail
for defying their husbands or fathers. There seems to be a growing awareness among public
officials that the situation is reaching a crisis point. Women in rural areas face particular

•
problems.

74. Violence against women is widespread, both at home and in public. Fifty percent of Afghan
women report being beaten. Female politicians, activists and workers face intimidation and
violence. In Kandahar, the head of the Departmentof Women's Affairs was assassinated in
September as she was leaving to go to work. One female MP received so many death threats
that she slept in a different place every night. Few shelters exist. Authorities rarely investigate
women's complaints. Increasingly women are quitting, or being forced to quit, their jobs.
Fewer women go out in public.

75. There is a high prevalence of suicide, especiallyamong young women. Cases of self-
immolation, the most frequent method employed, are increasing. One hundred and ninety-
seven incidents were reported between March and December, with the AIHRC reporting that
Kandahar had the highest number. Eightytwo percent of victims die as a result of their hums.
Survivors face social isolation. Forcedmarriages (which account for 60-80% of all marriages),
underage marriages, and multiple marriages have also been identified as major causes of
suicide, along with the depressing consequences of the past decades of war and general
oppression of women.

• 15

Nov, 14. 2007 EV,OFAIT,0001.0020 15 of 20

 • Children's rights
76. The infant mortality rate stands at 165 per 1000 live birth s, with an under-five mortality rate of
257 per 1,000 live births. It is estimated that there are 1.6 m orphans under the age of 17 in
Afghanistan. UNICEF figures indicate that 39% of children under5 are suffering from
moderate to severe malnutrition. Vaccination programs against measles and other childhood
diseases are improving but much remains to be done. It is estimated that 60,000 child
labourers are working in the streets.

77. Children have been subject to underage marriages, family violence, child labour, exchanges of
younggirls to settle disputes and honourkillings. Sexual violence is commonly reported but
remains problematic to verify. Forty three percent of girls are married by the age of 18.
Children also continue to face threats of violence, kidnappingand murder and many have been
caught up in insurgency-related violence.

78. Children continue to help provide income to their families, especiallythose of female-led
households. UN statistics suggest that 26% of Afghanchildren between 5 and 14 are working.
Many child labourers work 9- to 15-hourdays. Among children who do paid work, many of
them are involved in light agricultural work, mechanical workshops, restaurants, carpet weaving
and labouring on building sites. Others roam the street as shoe-shine boys, book-sellers or

•
beggars.

79. A Law on Protection ofChildren's rights was approved by Parliament. It includes a provision
requiring the presence of a parent, in addition to a lawyer, during the hearing of the child's case.

Rights of persons with dlsahilities

80. According to various governmental and UN sources, it is estimated that between 800,000 and
2 million Afghans are disabled due to war and landmines, and prenatal complications such as
malnutrition and drug addiction. According to the Deputy Minister for the Disabled, Sayed
Moharrunad Hadi Hadi, only 70,000 persons with disabilities have registered to receive the
government grant (a monthly allowance of 3oo Afghanis, or US$ 6). However, reports of
regular demonstrations by persons with disabilities in Kabul suggest that they feel neglected by
the government.

Sexual orientation
81. With the annulment of all TaHban decrees, homosexuals are no longer publicly punished.
Although homosexuality remains a taboo subject in Afghanistan,

• 16

Nov. 14 , 2007 EV.DFAIT.OOO1.oo20 16 01 20

 • Rights of migrants, internally displaced penons and refugees
82. The government actively cooperates with UN agencies and NGOs for the return of refugees
and the re-integration ofIntemally Displaced Persons (lOPs) into their communitiesof origin.

83. One hundred and twenty five thousand refugees returned home from Pakistan and Iran between
January and Septemberof2006, a decreaseof 58%. The slowdownwas due to the worsening
security situation and slow work on reconstruction projects. Fightingin the south displaced an
additional 80,000 to 90,000 people in 2006, bringing the total to about 200,000 for the area.

84. lOPs say they are reluctant to return to their places of origin as commanders have taken over
their homes and land, and workopportunities are almost non-existent. Manyof the refugees
and lOPs who have returned find reintegration difficult or impossible, mostly due to unresolved
property disputes and difficulties of earning a stable income. Also, many return home to find
their homes destroyed. Many Afghans therefore remain in neighbouring countries.

III CANADIAN REPRESENTAT10NSIINTERVENTIONS

• Summary of Representations/Demarcbes
85.

86.

87. Canada continues to lobby in the consultative groups and working groups of the ANDS
process for gender and human rights to be implemented and
for benclunarks to be met.

Summary of Canadian Programs and Activities

88. Canada continues to make a strong contribution to the rule oflaw and respect for basic human

• 17

Nov, 14. 2007 EV,OFAIT,0001.0020 17 of 20

 --------_ ..... __ . ..- --- - ,

• 89.
rights in Afghanistan through support ofseveral justice, oorrections and human rights projects.

Canadian involvement includes a $6.3 m CIDA contribution over two years to the project
Strengtheningthe Rule of Law in Afghanistan, which is currently being implemented by the
International Development Law Organization (IDLO). Thi s project will assist the country in
rebuilding its legal and judicial system through the improvementof access to justice for its
people. Enhanced access to legal aid, especially for disadvantaged groups such as women, and
enhanced capacity of the judiciary via better trainedjudges, lawyers and prosecutors, will help
the government to extend the reach of its justice system beyond the main cities, into the
provinces and rural areas.

90. Another legal aid project being supported by CIDA is the International Legal Foundation's
efforts to build a public defence system throughout Afghanistan. Activities include setting up
offices, training and mentoring lawyers, delivering defence services to the poor and conducting
workshops for all stakeholders. The organization aims to become an independent Afghan-run
outfit in ZOO7.

91. The lack of prosecutionof serious drug-related crime fosters disrespect for the rule of law. In
concert with other like-minded donors, CIDA supported a United Nations Office and Drugs

• and Crime (UNODC) project, Capacity-Buildingfor a Functioning Counter Narcotics Criminal

Justice System. CIDA's grant ofSl m helped improve Afghanistan's capacity to address
serious drug-relatedoffences by providing training and mentoringto professionals in law
enforcement and criminaljustice. and by improving the physical infrastructure of Kabul's
maximum security prison of Pcl-i -Charki.

92. Through 2006, the Canadian government, under RCMP leadership and with the financial
support of the Department of Foreign Affairs and International Trade, provided five civilian
police officers to the Provincial Reconstruction Team in Kandaharfor police training, support,
mentoring and overall professionalization. This deployment is likely to increase to 10 police
officers in 2007. Canada is also considering contributinga significant number of police officers
to a proposed European Unionpolice mission to Afghanistan, as well as to Combined Security
Transition Conunand -Afghanistan, which is the principal international organization implementing
police reform,

93. CIDA is contributing SI .75 m to Rights and Democracy, a Canada-based organization, for a
Women' s Rights Fund. The fund promotes Afghan women' s roles in peacebuilding, an
understanding of their human rights, and their participation in political, judicial and civil
processes.

• 18

Nov. 14, 2007 EV.DFAIT.OOO1 ,0020 18 of 20

 • 94. A Media Support project with the Canada-based Institute for Media, Policy and Civil Society
(IMPACS) bas helped Afghan civil society groups to implement their own women-focussed
media initiatives. independent radio stations and a radio production unit. e IDA has contributed
$2 m over two years to the project.

95. llIegally armed groups continue to be a serious problem, negatively impacting the security and
governance situation in the country. Canada therefore is providing $7 m over four years to
support the Disbandment of Illegally Armed Groups project. implemented by UNDP.

96. Through UNDP, Canada also supports the Capacity Building for Sustained Human Rights
Treaty Reporting project. which assists the GoA in reporting on the six human rights treaties to
which it is a party. Project components include technical assistance, capacity building for
govenunent staff and helping to establish a database for monitoringcompliance.

97. Through CANADEM, CIDA has financed a gender advisor in the Ministry of Interior to foster
better gender balance and more attention to rule-or-law and human rights principles, in
particular as regards protection of women and girls. Activities include training and mentoring
Afghan policewomen.

• Ideas! Suggestions
• Ensure that human rights in Afghanistan, including tram tional justice, remains prominent on the
international agenda. Strongly resist any efforts to under lay the significance of human rights
and governance issues for Afghans and Afghanistan.

• Strongly resist all efforts to limit the mandates of Specia Rapporteurs or Independent Experts
of the UN Human Rights Commission in investigating a d reporting on human rights in
Afghanistan, and advocate measures to ensure implemer ation of report recommendations.

• Issue statements to the press in support of the findings 0 AIHRC and UN reports on human
rights, good governance and democratic development in fghanistan.

• Brief visiting Ministers and senior officials on Afghanis' 's failures to address impunity,
corruption, governance issues and other constraints to de ocratic development, with a view to
raising this issues with their counterparts.

• 19

Nov, 14. 2007 EV,OFAIT ,0001.0020 19 of 20

 • • Strongly advocate the inclusion oftaIking points for visiting Ministers to highlight Canada's
human security policy and position on impunity for human rights abuses, including the Canadian
view thattherecan be no lasting peace without justice.

• Advocate with other government departments for Afghanistan to be designated a source

country for the Women at Risk refugee program.

• Ensure that Canadians deployed in a military, training or policy-development capacity are

thoroughly briefed on the prevalence ofhwnan rights abuses Reinforce
the zero-tolerance policy for human rights abuse by Canadian forces deployed in Afghanistan.

• Develop a concrete and funded plan of action for Canadian support for the recommendations
of the AIHRC survey on transitionaljustice, and continue to advocate with like-minded
embassies and the Government of Afghanistanto ensure the President's commitment to
transitional justice is aetioned.

• Advocate, and provide funding and personnel, to support UNAMA in meeting its mandate for

•
human rights promotion and protection in Afghanistan. Require UNAMA to report semi-
annually on the action taken and results achieved in the areas of good governance, democratic
development and human rights.

• Continue to support justice reform and security-sector reform through the Provincial
Reconstruction Team (PRT) in Kandahar.

Prepared by: Bloodworth

Consulted: O'Connor! CIDA
Approved: Colvin

• 20

Nov. 14 , 2007 EV,OFAIT.OOO1.0020 200120

 Page 1 of3

•
Adler. Jeremy ·IFM

From : Golberg, Elissa -IRH -GHA

Sent: May 15, 2007 4:31 PM
To: Mulroney. David -DMA; Buck, Kerry ~FD -FTAG ; S'NOfds. eoneen -IFM; Small. MichaeI-GFM;
Lalani, Am -KABUL -HOM/COM; Sinclair. Donald -IRO
Ce: Poupart, Isabelle -lOR; Bed<, S_nie -loR; NoIke, Sabine -JLHA; Proudfoot, Douglas -DFA-
FTAG; AndeJson, Cory -DFA -FTAG; 'BOS.M@fon:es.gc.ca'; Buchan, Gavin -KANDH -GR; Laporte.
Eric -lOR; Colvin, Richard -KABUL -GR; Bloodworth, Catherine -KABUL -GR; KABUL (GR);
Buchan. Gavin -KANDH -GR; Laflamme. Martin -KANDH -GR; Rex, Kevin -KANDH -OA; KANDH
(KAF); KANDH (KAF); EXTOn (FTAG); Fairchild, David -IRP -FTAG; Proudfoot, Douglas -DFA-
FTAG; Deboer. Gallil -DFA -FTAG; Gibbins. Christopher -OFA -FTAG; Anderson, Cory -DFA -
FTAG; Sinclair, JitI -PCO; Sinclair. Donald -IRQ; Alexander, Vera -PeO ; Hughes, Stuart -ISBAC -
GR; Kadi , Helene -KA BUL -DA; Gilmour, Wend y -IRP; Laker, Marina -IRP; Martin, Tim -IRO ;
'chamberlain.rk@forces.gc.ca'; Dion, Ad61e -GHO; Bonser, Michael -lRH -GHA; Nguyen. Mi -IRH -
GHA; Barber, Shawn -IRe; EI-Sawy, Deena -IRe; Hera, Tudor -IRP; Gudinskas, Lukas -IRP; Kutz,
Gwyn -GHH; Sindair, Robert -G HH ; Wal ker, Chantale -G HH; Cooter, Chris -BNATO -GR;
Pinnington, Philip ~BNATO -GR; Burgess, Anne -BNATO -GR; Bonnar, Jon -RAS; Nickel, Jim -
RASlFMCG; Ma nk, Randolph -RAD ; Hoffmann, Ron -LON -GR; Hubert, Don -GHS; Boucher,
Catherine -BREU -GR; Latulippe , Alain -M lNA; Shapardanov, Ch ris ..uSS ; 'stephen_wallace@acdl-
cida.gc .ca' ; 'ellen_wri ght @acdK:ida ,gc .ca'; 'pauLben nett@acdi-dda .gc.ca' ; 'steve _hall ihan@acdi-
d da.gc.ca'; 'michaeL ca llan@acdi-dda.gc.ca'; 'najeeb_mirza@ acdi-dda.gc .ca' ;
' awrence...,Peck@acdi-dda.gc .ca'; Youd ell, Diana -KABUL -OA; Savard, lsabelle-OMA
Subject: KANDH"()()35 : A IHRC Meeting on huma n rights with Kandahar province seaJrity sector

•
PRQIECTEDA

DNA TOPOUPlease pass 10 JAG

SUMMARY; On May 15 the KPRT and the Afghan Independent Humen Right Commission (AIHRC)
hosted meeting on human rights with Kandahar province security sector entities . The workshop was a
constructive first step in what appears will be on-going dialogue among such actors and the AIHRC .
Future such events should provide a vehicle for dialogue and capacity building on a variety of subjects,
including detainees and the specific challenges being encountered in ensuring legal due process, and
enhancing prison conditions. At the conclusion of the meeting, participants signed a short declaration
outlin ing their commitment to human rights and the rule of law, with a particular focus on individuals in
custody, under investigation and undergoing trial (to be sent to FTAG for onward distribution). The text
also refers to the need to respect the human rights of individua ls during combat operations. This
reflects the concerns representatives from the ANA, ANP, the Attorney Genera l of Kandahar and the
AIHRC expressed during the meeting about ISAF conduct in relation to the protection of civilians, the
need for ISAF to be more sensitive to local customs (especially in relation to house searches), and their
desire to see greater coopera tion by ISAF with national security entities when conducting operations.
Participants expressed a desire to have a separate discussion with ISAF representatives to review
options. Severa l actors present, in particular the Deputy Warden of Sarapoza prison , the ANP and
AIHRC expressed genuine appreciation for Canad ian capacity building support and the engagement of
the KPRT in working on related human rights issues.

2. REPORT : The KPRT-hosted, but AIHRC organized ha~-day mee ting on humen rights lor Kandahar
secu rity sector entities was an important vehicle to bring togethe r security sector actors and the AIHRC
to discuss prio rity human rights concerns. KPRTILEGAD and Political Director facilitated the event and

•
provided the venue. In their respective opening remarks , each underscored the Importance wh ich
Canada attaches to human rights, IHL and the rule of law, noting the successful implementation of
these are central to Afghanistan's future . Both reinforced the importance of all actors around the table
integrating human rights into their respecti ve procedures, policies and training, and indicated Canada

15/05/2007
Nov. 14, 2007 EV.OFAlT.OOO1.0021 1 013
 Page 2 of3

would be pleased to assist.

• 3. A1HRC : AIHRClEngineer Noorzai chaired 1he sess ion. He noted that 1he CF and Canadians were
wor1<ing hard with 1he AIHRC to assess how best to address human rights issues in 1he S-W region .
The exchange of letters with canada was touted , and NOOfZ8i indicated AIHRC were now in contact
with the UK and Dutch to sign similar agreements. Noorzai focussed his initial remarks squarely on two
themes: the obligation of each Afghan govemment organizat ion present under domestic laws to
effectively address human righ ts and the need for ISAF to do likewise. In playing to both audiences,
the event gave the AIHRC some necessary street credibility with the secu rity sector institutions, whi ch it
can hopefully leverage into subsequent cooperation , monitoring and capacity building initiatives.
Noorzai commented that AIHRC had recently been meeting with the NOS, who were interested in
participating in a series of Shuras to discuss specific human right s concerns (the NOS subsequently
spoke to its desire to see a Mhuma n righ ts coalition" established to share good practice and exchange
views on key challenges). This pro posal was met with con side rable enthusiasm, and similar workshops
can be expected in future.

4 . Conditions of detention: The NOS Attorney-General, Deputy-Warden of 1he Sarapcza prison and
AIHRC representatives raised con cerns with the lack of access to timely trial or cri minal proceedings
fo r individual detainees. Absent this, some deta inees were languishing in custody for up to a year
without charges being laid. Interestingly the Kandahar Attorney General sought to deflect these
criticisms by sh ifting the con versation to civili an casualties cau sed by coal ition forces. Concern was
expressed about the absen ce of sufficient evidence from ISAF forces on why detainees were captured
and subsequentty transferred , resulting in a high rate of release . The Deputy Warden spoke
specifically to the challenges his institution was facing in fUlfilling its human rights obligations , including
lack of appropriate infrastructure, ability to provide regular hea lth services, ensure appropriate food and
pay staff reg ularty. He indicated that these issues have been discussed with the KPRT and that he was

•
hopeful regarding Canadian efforts to assist the prison.

5. Civilian casua_: As noted. several parti cipants (AI HRC. ANA. ANP , Attorney Gonersl's offioe)
argued tha t ISAF incidents involving civil ian casualties risked undermining public support tor the wider
mission . The Chief of Pol ice for Kandahar province for instance, commented that when internati onal
forces vio lated human rights It undermines the training they are provid ing to Afghan insti tutions and
public confidence in the intemational presence on Afghan soil , and encourages support for
Talibanlarmed groups. There were concerns at the lack of perceived cooperation between ISAF and
national se cu rity institutions. Specific area s were cited - house searches (which are exceptionally
sensitive in the Pashtun culture ), the use of explosi ve charges to ga in entry to houses, lack of evidence
provided on detainees transferred to Afghan authorities, technical assistance (the need for assistance
with surveillance and finger printing technology), and a desire to see civilians given more notice to
evacuate prior to operations. The ANA suggested that no operations should proceed without sufficient
intelligence . A clear desire was expressed to have a subseq uent discussion with ISAF representatives
(possibly includi ng the reg ional commander) abou t the issues raised during the workshop.
KPRTlBuchan indicated that he wou ld bring the proposal ba ck to RC South countries through KAF .

COM ME NT : 1he fact that this event too k place at an is in and of itself significa nt H~ving security
sector org anizations engage in a healthy exchange with the human rights commiss ion can be difficult to
achieve in co untries where a human rights culture is far better established than Afghanistan. The
agreement that there will be further such mee tings presents a window of opportunity, because this is a
mechanism we could potentia lly use to add ress specific con cerns (e .g. judicial case backk>gs).

COMMENT: the interest in meeting with ISAF to address civilian casualties and express concern over
how we search houses is clearty deeply felt. The organizations present at the meeting today are

•
natural allies and a discussion with the m, while challenging , might potentially generate some useful
ideas for how to mitigate problems in these areas.

O"'fted: IRH-GHAIGolberg. KANOHIBuchan

15/0512007
EV OFAJT 0001.0021 2 ~3
Nov ' • • 2007
 Page 3 of3

Consulted : PRT LEGADILCdr Connor

•
15/05/2007
Nov. 14 , 2007 EV.DFAIHlOO1.00 21 3 01 3
 HOlKE Sabine .JlH -C4
From: KABUL -GR -C4R
.......t: May 11, 2007 8:51 AM
WT~: KABUL -GR -C4R; KANDH -C4R; KANDH -KAF -C4R; NDHQ .CEFCOM HQ -C4R; NDHQ
.CEFCOM Jg -C4R; NDHQ OTT ADM (POL) -C4; NDHQ OTT D NATO POL -C4; CIDA-
Afghanistan -e4R; ALEXANDER Vera -aGO -PCO/BCP -C4R ; Correctional Services -BH;
Royal Canadian Mounted Police Head Quarter -C4R: LAPORTE Eric -lOR -C4; GOLBERG
Elissa -IRH-GHA..(;4 ; NOLKE Sabine -JLH -C4; GILMOUR Wendy -FSDN -IRP -C4;
ROBERTSON Jamie -FTAG -e4
ce. CHRISTOFF James -FlAG -<:4; BUCK Kerry -FlAG -c«
GIBBINS Christopher -FlAG..c4;
BCRLl: Cyril-FlAG..(;4; DOBNER Gallit-FTAG -C4 : AHMAD Nadia -FlAG -ca: SWORDS
Colleen -IFM -cs.BECK Stefanie -lOR -C4 ; MULRONEY David -DMA -e4; DARLING Brian-
DMA -C4; PROUDFOOT Douglas Scott -FTAG -C4
SUbjec t: KBGR0277 - Afghanistan: AIHRC Capacity Building

CONFIDENTIAL

1. As instruct ed, we met with Afghanistan Independent Human Rights (A1HRC) Chair Dr. Sima Samar and Deputy Chair
Fahim Hakim to discuss A1HRC capacity building needs. The follOYt'ing is a list of areas in which they could use
assistance:

a) Budget They are still in need of USC $4.6-$4.7 million for their annual budget (they have $4.5 million of their $9.3
million budget for 2007) - they prefer this money not be earmar1c:ed.

m
b) Training: Needed in the area of monitoring and investigating detainees. particularty wrt detainees held high
security detention centres (e.g. Bahgram) - how to handle the situation; how to identify whether an individual may have
been subjected to torture or other human rights violations.

•
• A workshop on these activities would be useful and rna s a few
conversation•

- e.g. the two

orqamaa IOns ave recen y comp e an assessmen 0 comIna e mees In e coun ry e report is to be
released in the next month or so). As such, another option to increase capacity at the AIHRC may be to fund a joint
project between UNAMA and AIHRC.]
Other training needs:
• Exposure visits for groups of AIHRC staff to expose staff to the way -things should be run- (e.g. in 2005 a group
visited Sweden, Norway and other countries to look at juvenile detention centres).
• English language/ Computer skills training is also needed. [Note: Computer equipment is not needed.)

c) Resources: AIHRC is keen to have two of their units well equipped:

• Monitoring and Investigations Unit - needs equipment such as portable tape recorders to tape interviews with
detainees.
• Database Unit - needs capacity bUilding and increased staff and resources in order to analyse the information
collected by the AIHRC and to expand what information is collected (e.g. include promotional activities, contacts,
training activities they have provided and who participated in them); a reliable backup system is also needed.

d) Kandahar. The office is overworked but AIHRC is unsure whether they will address this by increasing the number of
staff/resources, opening an offICe in Uruzgan to take some of the work load, or a combination of both.
• Thinking at this point is that Kandahar office could use another two investigators and increased resources for their
Human Rights Education and Monitorin and tnvesf ation Units. Althou h the are havin roblems getting qualified
people to staff the Kandahar office -
• Vehicles are needed (the currently ones are not in good shape).
• Communications equipment is also needed so when the investigators go into the field they can communicate back
with the office. (Note: presumably what they need is satellite phones or something similar since the probem is that the
employees' cells/radios do not always reach back to Kandahar City.)

• . AIHRC said that they had completed an assessment of each of their offices detailing which units were in need of
assistance. They promised to see if they had a report they could forward to KABUL. Will forward if we receive it.

NaY 14. 2007 EV Of NT 0001 0022 , ~ ,

 3. KABUL would be happy to obtain more detail on any of the above items should Ottawa wish .

Drafted : Bloodwo rth

•
Approved : Lalani

• 2

Nov, 14. 2007 EV.DFAIT.OOO1,0022 2012

 NOLKE Sabine .JLH -C4
m. KAN DH -e4R
_ nt: May 8, 2007 3:08 PM
0: PROUDFOOT Douglas Scott -FTAG-e4
Cc: MULRONEY David -DMA -C4; SWORDS Colleen -l FM -C4; POUPART Isabel le -lOR -C4;
NDHQ OTT ADM (POL) -ce:
AND ERSON Cory -FTAG -e4; COO TER Ch ris -BNATO -GR -
C4 ; KANDH -KAF -e4R; BUCK Kerry -FTAG -ce: KABU l-GR -e4R; LAPORTE Eric -IDR -
C4; GOLBERG Elissa -IRH·GHA ..(;4; NOl KE sabine -JLH -C4; AlEXANDER Vera -aGO-
PCOIBCP -e4R: EXTOTT -FTAG -ce
EXTO TT -10 0 -e4
Subject: KANDHOO32 -Info gathering visit to the NOS

SECRET CEO

Ref lD R-0368 02MAY07

1 Further to rettel. KANDHlBucha n. e SC/Garwood·Filbert and PRT legal AdvisorllCdr Connor paid a working visit to the
NOS facil ity in Kandahar 07 MAYQ7. Primary objective was to gather information regarding Canadian-tran sferred NOS
de tainees. and explain proced ures thai will be followed for futur e monitoring visits. The visit was made wTthout prior
noti fication, and we were given immediate access to the compound.

2. Buchan and Garwood·Filbert met with Kandahar NOS and handed over a hard copy of the
Canada-Afg hanistan supplementary arrangement on deta inee transfer, as well as the list of deta inees that Canada has
transferred to the NDS to date. W e unde rscored the Nfull and unrestricted" access provisions of the supp leme ntary
arrange men t. and made cle ar that they applied to the AI HRC and ICRC as well as to Go vernment of Ca nad a personnel,

3. Provision s for future mo nitoring visits we re discu ssed , in particu lar:

- monitors ca n arrive wit hou l prior notice , at any time of day or night. and will be admitted without de lay
• we have a designated point of con tact who we will noti when we arrive '11 f intate any speci al

•
~ rra n g eme nts w~he visit (NOS
• rooms ~f the detention facility will be made aver a e I we n
th oet amees

4. W e adv ised - " " Ihat the two individual co mplaints of abuse that had been passed to the PRT during ou r
April 25 visrt to ~on facility (ref KANOH 0026 , 2SAPR07) had been referred to the ICRC and A IHRC for
follow up He indic ated that the NOS would be happy to coope rate with any inquiries made by thes e organiZations. He
also noted that the two Individuals in question had been tran sferred and were now be ing held at Sarpoza Prison.

5. On coo peration with AIHRC . _ indicated that he was more than willing 10 offer unrestricted access and share
information on detainee cond itio~wever, the AIHRC was also aski ng to be told wha t cha rges were bei ng brought
against eac h detainee and he wa s nol willing to provide those details, beca use the NOS is an intell igence service and
mak ing the charges publ ic could threaten national secu rity,

6 . Lastly, _ made a plea for ISA F forces to provide more deta iled information rega rding accus ations when the y
transfer detainees to the NDS. He indicated that while Canad ian S ecie ! Forces

7. In a separate mtg between PRT legad/l Cd r Conn or and the

ou tstanding NOS cases in Kanda har
NOS'" ! the PRT was given a list of
Th e list was in Pashtu and
does not indica te wh ich co untry originally ca ptured each det ainee , but we have arranged or trans lation and will cross
reference wit h the list of detainee s tra nsferred by Canada. like complained that they
needed more detailed char e inrormauon when detainees are transferred by Canadian Forces. In most cases the only
evidence IS wh ich in the Af han conte xt is insuffICient ground s 10 hold someone in
detention As a result.

_ NOH/BUChan

Nov. 14, 2007 EV.DFAIT 000 1 0023 ,~,

 ,"
NOLKE Sabine .JLH -C4

e To:
Cc:
m-
nt:
KABUL -GR -C4R
May 8, 2007 11:23 AM
EXTOn -FTAG -C4
CCATS; KABUL -GR -C4R; KABUL -DR -C4R; KABUL -DA -C4R; KABUL -HDM -C4R ;
KANDH -C4R; KANDH -KAF -C4R; -ABDBI -C4R; -ABDBI -DR -C4R; ABDBI -GSRP -C4R;
ALMAT -C4R; ALMAT -GSRP -C4R; -AMMAN -HOM -C4R; BNATO -C4; BNATO -HOM -C4;
BREU -C4; BRLlN -GR -C4; BRLlN -DR -C4; -CNBRA -C4R; -CNBRA -DR -C4R ; DELHI -
GRiPA -C4; DELHI -DR -C4; -DUBAI-C4R; -FMCG; GENEV -GR -C4; -HAGUE -C4R; -
HAGUE -DR -C4R; ISBAD -GR -C4; ISBAD -DR -C4; ISBAD -HOM -C4; ISBAD -SL -C4; LDN
-GR -C4; LON -DR -C4; LDN -HOM -C4; -MDRID -C4R; MOSCO -GR -C4; MOSCO -GSRP-
C4; -OSLO -C4R; PRMNY -GR -C4; PRMNY -DR -C4; ROME -GR -C4; ROME -DR -C4; -
TER AN -C4R; -TERAN -GSRP -C4R; TOKYO -GR -C4; WSHDC -GR..c4; W$HOC -DR -C4 ;
EXTOTT -BCM -C4; EXTOTT -DMA -C4; EXTOTT -GFM -C4; EXTOTT -GIO -C4; EXTOTT -
ICT -C4; EXTOTT -ICX -C4; EXTOTT -IDR -C4; EXTOTT -IDD -C4; EXTOTT -IFM -C4;
EXTOTT -IRC -C4; EXTOTT -IRD -C4; EXTOTT -IRH -GHA -C4; EXTOTT -IRP -C4;
EXTOTT -ISD -C4; EXTOTT -lSI -C4; EXTOTT -ISIF -C4; EXTOTT -ISIW -C4; EXTOTT -
MINA -C4; EXTOTT -POL -C4 ; EXTOTT -RAD -C4; EXTOTT -RAS -C4; EXTOTT -RGM -C4;
EXTOTT -RMD -C4; EXTOTT -RMG -C4; EXTOTT -RMR -C4; EXTOTT -RRD -C4; EXTOTT
-RRO -C4; EXTOTT -USS -C4; AHMAD Nadia -Fl AG -C4; ALEXANDER Vera..()GO-
PCO/BCP -C4R; AMEGAN Karim -GENEV -GR -C4; ANDERSON Cory -FTAG -C4;
ANDERSON Kelly -WSHDC -GR -C4; BALDWIN-JONES Elizabeth -IDR -C4; BARBER
Shawn -IRe -C4; BECK Stefanie -lOR -C4; BONNAR Jon-RAS -C4; BOWMAN Alan ~
PRMNY -GR -C4; BUCK Kerry -FTAG -C4; BURGESS Anne E -BNATO -GR -C4; COLLARD-
W EXLER Simon -FTAG -C4; COOTER Chris -SNATO -GR -C4; CORMIER Terry -GENEV-
GR -ce DAVfS Christopher -OGO -pe O/Be? -C4R; DIGANGI John -lSI -C4; DION Nathalie
-W SHDC -GR -C4; DOBNER Gallit -FlAG -C4; DORGAN Erin-RMR -C4; DREWS Martin -
SNATO -DR -C4; FAIRCHILD David -FTAG -IRP -C4: FOSS Karen -IRP -C4; FOX James-
RGM -C4; -o707-GARAY Charlotte -LON -GR -<:4; GARSON Ron -POL -C4; GILMOUR

•
We ndy -FSON -IRP -C4; GLAUSER Mark -WSHoC -GR -C4; GOLBERG Elissa -IRH-GHA-
C4; HARVEY Andre -BNATO -DR -C4; HERA Tudor -IRP -<:4; HOFFMANN Ron -LON -GR-
C4; HUGHES Stuart -ISBAD -GR -C4; IRISH Jennifer -ICT -C4; LABBE Serge -BNATO -os -
C4; LAKER Marina -IRP -C4; LENARCIC David -WSHoC -GR -C4; MAHERALI A1noor-
FTAG -C4 ; MARTIN Isabelle -LON -GR -C4; MULRONEY David -oMA -<:4; NETLEY
Rebecca -WSHoC -GR -C4; NOLKE Sabine -JLH -C4; OLEXIUK Eileen-IRO -ce PAQUIN
Bob -RPD -C4; PINNINGTON Phil-BNATO -GR -C4; POUPART Isabelle -IDR -C4;
PROUDFOOT Douglas Scott -FTAG -C4; PUXLEY Evelyn -ICT -C4; RICHARDSON Mark -
ICT -C4; SINCLAIR Jill-PCO/BCP -C4R; TOWNSON Colin -FTAG .ca, WASCHUK Roman-
BRLlN .o R -C4; ZAPACH Marta -IRC -C4; CIDA -Afghanistan -C4R; PILLAROTT -CT -C4R;
PILLAROTT -RAP -C4R; NDHQ +CEFCOM HQ ·C4R; NDHQ +CEFCOM J5 -C4R; NOHQ
. CEFCOM J9 -C4R; NDHQ OTT ADM (POL)-C4; NDHQ OTT CDI -C4; NDHQ OTT CCIRM
-C4; NDHQ OTT D NATO POL -C4; NDHQ OTT DAP POL -C4; NDHQ OTT DGIS POL -C4;
NDHQ OTT DM -C4; NDHQ OTT DPFL -C4; NDHQ OTT DPK POL -C4; NDHQ OTT NDCC-
C4; NDHQ on J2 o SI -C4; NDHQ OTT J2X -C4; Privy Council Office -C4R; Privy Council
Office I Foreign & Defence Policy -C4R; PrivyCouncil Office l iAS -C4R; Royal Canadian
Mounted Police Head Quarter-C4R; KAPELLAS Anna -LON -GR -C4
Subject: KBGR0276 - Afghanistan: Protection of Civilians UnderAnned Conflict (Human Rights
Forum)

CONFIDENTIAL

Pis pass to:

KANoH KAF - Grant! CessfordJ WalkerI LafiammeJ Rex! Pistone

KANoH - Buchanl FudgeJ Kadil Walravenl Huneault! Chamberlain
PCO/IAS - Taylorl Popovichl Telfordl Bryson
NDCCI DOS SJS

• et KBGR0172 of 21 December

Nov, 14. 2007 eV.DFAIT.OOO1 .0024 1 of 4

 •
• ' Summary; On 22 April, the Afghanistan Independent Human RightsCommission (AIHRC) hosted the monthly meeting of
the Human Rights Forum, whi ch brings together embassies, international organizations and NGOs. The chief topic
discussed this month was ' protection of civilians under armed conflict. " The AIHRC recently produced a paperon civilian
ualties, as well as a report on an incident in Nangarhar province involving US Marine Corps Forces , and UNAMA will
produce quarterly reports on the number of civilian casualties. leRG releases its findings only to the authors of the
• lations . Oth er issues discu ssed during the meeting were access to deta inees, the discovery of a mass grave in
Badakhsha n and the poss ibility that President Karzai has 5i ned off on the e xec ution of 16 death sentences.

Report: The Afghanistan Independent Human Rights Commission (AIHRC) hosted the third meeting of the Human Rights
Forum (HRF) on 22 April. HRF is a (roughly) monthly meeting established to discuss human rights topics of interest.
Invited to the meetings, wh ich centre around a specific theme, are embassies, international organizations (including
UNAMA), and NGOs (although NGO participation has not been as robust as hoped , e.g. this meeting was attended only
by representatives of the Civil Society and H . , " otection of civilians under
armed conflict. " The AIHR C, UNAMA and th all made presentations.
followed by a short Q&A session . Other issues ISCUS unnq e mee Ing were access 0 etainees. the discovery of a
mass gra ve in Badakhshan and the possibility that President Karza i has signed off on the execution of 16 death
sentences.

Protection of Civilian.
3. AIHRC: Ahmad Fahim Hakim , deputy Chairperson at AIHRC, hosted the meeting and gave the AIHRC's presentation .
The AIHRC recently released a paper called "Violations of International Humanitarian Law in Afghanistan - Practices of
Conce rn and Example Cases" (sent separately to FTAG and available on AIHRC's website: htlp:/lwww.aihrc.org .afl).lt
says that "co mbatants on all sides have shown a lack of sufficient concern for sparing and protecting the lives and
property of Afghans not involved in the fighting and for minimizing the impact of the war on the civilian population," and
calls "on aU parties to the conflict to fully adhere to and respect the rules of intemational humanitarian law and international
human rights law: The report flags as areas of concern excessive civilian casualties resulting from insurgent attacks and
military operations, air operations and bombings , abuses directed aga inst civilians - including extrajudicial execution ,
mutilation and the taking of hostages - and abusive and culturally insensitive practices during raids . Hakim also mentioned
mistreatment of journalists - by the Afghan National Arm y, the Afghan National Police and coalition forces - as a problem.
_ Although there are no clear numbers of deaths, the AIHRC estimates that the number in 2006 to be between 1000 and
00. It has co mpiled a database on ci vilian casualties and is in the process of analysing the data.
in Afghanistan, sa id the _general policy regarding
their mvo vemen m e pro Ion 0 ovmans IS 0 ovesu ate incidents with the intent of influencin all sides to abide by
international humanitarian law.

7. UNAMA: Richard Bennett, Chief Human Rights Officer for UNAMA, sa id that the Human Rights section of UNAMA has
been tasked by the Spec ial Representative of the Secretary General (SRSG) to produce quarterly reports on civil ian
casualties, including an analysis of trends.

8.

2) Casualty counting. UNAMA is in the midst of developing a methodology for tracking incidents and accurately
counting the number of civilian casualties. It is also working with the AIHR C to ensure the two organizations'

• databases are complementary so that information can be shared and cross checked easily. Regarding the
counting of civ ilian casualties, UNAMA will use a number of sources, including ANSO (the Afghanistan NGO
security Office), the UN's Department of Security, and various ministries from the Government of Afghanistan.

Nov, 14. 2007 EV,OFAIT,0001.00 24 201 4

 However, it would like to find non-security sector sources as well, which is proving difficult (in Iraq , death
certificates and hospital records are used but that is not possible in Afghanistan) .

• 3) Prevention of casualties.~ngage the military and is looking for creative ways in which to
exchange information with such as through tribal leaders . A workshop on protection of
civilians affected by armed conflict is currently being developed in partnership with the Office of the UN High
Commissioner for Human Rights , and the UN Office for the Coordination of Humanitarian Affairs. The workshop
will be held in Kabul sometime in JUly. Consultations are taking place with ulemas . tribal leaders, provincial council
members, the AIHR C, NGOs and UN agencies in the regions regarding their key concerns in the area of civi lian
protection. Those being consulted are being asked to think more broadly than just the number of casualti es, e.g.
perhaps a concern is access to health care for casualties. UNAMA expects some nervousness around the
workshop's agenda (e.g. some countries do not want the issue of detainees discussed) but hopes the workshop
will be the start of a dialogue leading to better policy in this area and perhaps practical solutions (e.g. a donor-
funded compensation board to compensate all civilian casualties).

9. Nangarhar incident: The AIHRC has released a report on an incident that occurred on 4 March in Nangarhar province
involving a convoy of US Marine Corps Special Forces' vehicles (report sent separately to FTAG and available on
AIHR C's website: http://'oN'vM'.aihrc.org.afl). The convoy was travelling on the road between Torkham and Jatalabad in
Nangarhar province where it was attacked by a vehicle born improvised explos ive device (VBIED). The US Forces claim
that follOWing the attack they came under small arms fire. There are allegations that the US Forces repeatedly shot at
vehicles and pedestrians in the area, as well as in several different locations along the road as they were leaving. Twelve
people were purportedly killed and another 35 injured , including several women and children. Also alleged ly, in the
aftermath of the incident, several journalists were hindered from acces sing the site, threatened and forced to delete all
their pictures and videos of the incident.

10. The AIHRC investigated several aspects of the incident - the VBIED attack, the alleged ambush, the shootin g of
civilians , a clean up of the site by ISAF forces (before the Afghan National Police was allowed to access the site), and the
interference with the media. According to its legal analysis, the shooting of the victims suggests that US Forces violated
international humanitarian law by directly attacking non-mutarv targets . The forced deleti ng of images, as well as the
refusa l to let icumalists continue their work constitutes a violation of the ri ht to freedom of ex ression .

Other Issu es
11.

Note: Th is co nversation took place before the Globe and Mail article of last Monday.

13. Badakhshan: Hakim provided an update on the discovery of a mass grave in Badakhshan which the AIHRC is
rrentlY investigating . The number buried in the grave is uncertain but reliable estimates currently place the number at
proximately 126. Thirty to forty intact skulls have been found but there are bones, shoes , and other items suggesting
• any times that number. At the mome nt, the guess is that the victims stem from both the Comm unist and mujahideen
eras .

Nov. 14, 2007 EV.DFAIT.OOO1 ,0024 3 of 4

 ••
14, Special forensic expertise is needed to accurately access the numbers but, as Bennett pointed out, although some
training has been done by the French, who also built a forensic laboratory, GoA forensic capacity is still minimal - there is
a lack of expertise and equipment needs upgradingl maintaining. A French forensic expert has apparently been sent to the
a to help.

• . local society has had a mixed reaction , said Hakim . Civil society has made bold statements in line with the Action
Plan, e.g. the need for a monument, proper identification of the victims , trials and identification of the perpetrators. But
there has been resistance to holding a proper investigatio

16. One of the issues is that there is currently no government policy with respect to the discovery of mass graves and the
steps that should be taken. Bennett pointed out the Penal Code requires the government to investigate any crime of which
it is aware , which would imply a duty to protect the site . That said, the Ministry of Interior (Mol) appears to be doing and
saying the right things· a team has apparently been dispatched to investigate the site ; the local government instructed to
stop rem oval of the remains until such time as a proper investigation can be condu cted; and Mol is apparently saying that
those who are accused of the crime should be immediately removed from their positions , proper identification of the
victims is needed, and , there should be monuments - in the form of a mosque , shrine or compensation - to remember the
victims.

17. Bennett inquired whether or not the AIHRC and Mol are in agreement regarding the purpose of forensic identification.
Hakim responded that for the AIHRC , forensic identification is needed for proper burial and identification of the victims, not
necessarily for prosecutions. For AIHRC , proper mapping of the incident and identification of the victims is what is most
important. However, Hakim was unclear as to the Mol 's intent and was currently looking into this .

18. Death Penalty Cases:_ _ EUSR Office~inquired as to whether anyone had

information regarding the ~Sibly signing o~es. The EU has heard contradictory reports -
some indicating that the Pres ident may have actually signed off, some saying that these 16 have just been recommended
to him for signature. [Note: The President is required to sign off on all executions of the death penalty . Once an individual
has been convicted and sentenced to death , his name is submitted to a Presidential commission which looks at the case
and makes a final recommendation to the President whethe r or not to agree to the execution of the sentence.] The EU's
understanding is that at least 11 of these 16 cases are people who were convicted in the National Security Court. Aside
from their general opposition to the death enal ,

According to Hakim , a list of 86 people had been submitted to the President but he has not yet signed off on any of
them. The AIHRC understands that the Commission has recommended 26 names (not 16) as a top priority. Dr. Sima
Simer. Chair of the AIHRC , called the President's Chief of Staff, Umer Daudzai , before she left the country (she is not
expected back until May 6) and asked him not to rush the names through . The AIHRC is looking into the situation but
does not have any further information at this time .

20. Bennett said that UN SRSG Koenigs would meet with both the President and the Attorney General on the issue.

Drafted: Bloodworth
Approved: Colvin

• 4

Nov. 14, 2007 EV OFAIT OOO 1.0024 4 014

 NOLKE Sabine -JLH -C4
m- KANDH -C4R
_ nt: May 7, 20074:11 PM
0: PROUDFOOT Douglas SCott -flAG -C4
Cc: BUCK Kerry -flAG -C4; FAIRCHILD David -flAG -IRP -C4; GOLBERG Elissa -IRH-GHA-
C4; EXTon -DMA -C4; KANDH -KAF -C4R; GIBBINS Christopher -FTAG -<:4; AHMAD
Nadia -FTAG -C4; EXTOTT -FTAG -C4; EXTOn ·IRP -C4 ; KAPELLAS Anna -LON -GR -C4:
HOFFMANN Ron -LON -GR -C4; -HAGUE -C4R; ALEXANDER Vera .QGD -peC/Bep -C4R;
SINCLAIR Jill -peQ/Be? -C4R; SINCLAIR Robert -GHH -e4; NOLKE sabine -JLH -C4 ;
NDHQ on ADM (POL) -e4; NDHQ on 0 NATO POL -C4; NDHQ +CEFCOM HQ -C4R ;
EXTOn -IRH -GHA -C4; EXTon -lOR -C4; KABUL -HOM -C4R ; EXTon -100 -C4;
EXTon -IFM -C4; DIGANGI John -ISI-C4; PINNINGTON Phil-BNATO -GR -C4 ; BURGESS
Anne E -BNATO -GR -C4: COOTER Chris -SNATO -GR -e4; KABUl-GR -C4R; LAPORTE
Eric -lOR -C4
Subject : KANDH0031 - Afghan detainees: AIHRC access in Kandahar

CONFIDENTIAL

Ref KBGR-0275 07MAY07

1, At a meeting today with DND/ADM

POl/Rigby. the local AIHRC head. Engineer Noorzai. indicated that since the April 26 deal (txo kered by the PRT between
the AIHRC and the NOS) AIHRC had twice visited the NOS and was satisfied that access problems in Kandahar had been
resolved, One of those visits had been about a week before (presumably the April 29 visit mentioned in rettel) and the
second had taken place this past weekend.

2. We passed a hard copy of the Canada-Afghanistan supplementary arrangement on detainee s to Engineer Noorzai and
highlighted for him the provisions guaranteeing AIHRC access to NOS facilities and records. We also advised him that a
r:opy had been presented to the NOS earlier in the day, and that of the Kandahar NOS had said they would
mply fully with all provisions.

4. On the proposal to create an NOS tracking system, would note that the NOS is often only one link in the chain of
detention, albeit an important one. For example, an individual could be arrested by the ANP, transferred to the NOS and
then moved to a Ministry of Justice facility like Sarpoza prison in Kandahar. Enhancing the tracking of deta inees in the
NOS system would only capture one segme nt of this process, and might well leave key questions unanswered. Would
therefore recomm end against reforming the NOS tracking system in isolation-· for maximum effect, refo rm would need to
be synchronized with changes to the prison and ANP registration and tracking systems .

KANOH/Buchan

- Original Message -
From; KABUL-GR-e4R
Senl: May 7, 2007 10:21 PM
To : PROUDFOOT Oooglas SCott -FTAG -e4 ; LAPORTE EriC -IOR -e4
cc: BUCK KerTY ·FlAG -ce: FAIRCHILD David ·FlAG ·IRP -C4; GOLBERG Elissa -IRH-GHA -C4; EXTOTT -DMA -ce: KANOH -
C4R; KANOH -KAF -e4R; GIBBINS Christopher ·FlAG -ce AHMAD Nadia ·FlAG -ce; EXTOTT -FlAG -G4; EXTOTT -IRP-
C4: KAPELLAS Anna ·LON -GR -C4; HOFFMANN Ron -LON -GR -C4; ·HAGUE -C4R; ALEXANDER Vera -000 -PCOIBCP-
C4R; SINCLAIR Jill ·PC OIBCP -C4R; SINCLAIR Robert -GHH · C4; NOLKE Sabine -JLH -C4; NDHQ OTT ADM (POL)-e4;
NoHQ OTT 0 HATO POL -C4; NoH Q +CEFCOM HQ -C4R; EXTOTT -IRH -GHA -C4; EXTOTT ·IOR -C4: KABUL·HOM·
C4R; EXTOTT ·100 -01 ; EXTOTT -IFM -C4: KABUL -GR -oIR; DIGANGI John -lSI -C4: PINNINGTON Phil -BHATO -GR ·
C4: BURGESS Anne E -BNATO -GR -C4: COOTER Chris -BNATO -GR -C4
Subject: KBGR0275 - Afghan detainees: Request by AIHRC, and UK proposal

• CONFIDENTIAL

Nov, 14, 2007 EV.DFAIT.OOO1 ,0025 1 of 4

Nov, 14. 2007 EV.DFAIT.OOO1,0025 201 4
 •

20. Follow-up me.ting with AIHRC . Yesterday afternoon , HOMI Lalani, along with ADM POV Rigby and MGen
Ward , met separately with AIHRC . At that meeting, HOM assured Or. 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.

Nov. 14 , 200 7 EV,OFAIT.OOO1.0025 3 014

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

• iii) We should give a positive response to the UK but also move forwerd to test monitoring accessin Kandahar with
the currentarrangement as soon as possible.

Drafted: Bloodworth, Colvin

Approved: Lalani

• •
Nov. 14, 2007 EV.OFAIT.OOO1.0025 4 014
 •
MoN 3 o 'ft..

•
Nov. 14, 2007 EV,OFAIT.OOO 1.0026 1012
 •

•
Nov. 14, 2007 EV .DFAIT.OOO1 .0026 2012
 Page 1 of 1

PROUDFOOT Douglas Scott ·FTAG .C4

• From:
sent:
To:
Cc:
LAPORTE Eric -IOR-C4
May 1, 2007 11:23 AM
KABUL -GR -G4R; KABUL -HOM -G4R
MULRONEY David ·DMA ..(;4; SWORDS Colleen -IFM -C4 ; KANDH -KAF -C4R; KANDH -e4R; BUCK
Kerry -FTAG -C4 ; PROUDFOOT Douglas Scott -FTAG -C4 ; McRAE Robert -10 0 -ce
BECK Stefanie-
lOR -C4 ; POUPART Isabelle -lOR -ce
ANDERSON Cory -FTAG -C4 ; BALDWIN-JONES Elizabeth-
lOR -C4
Subject: IDR-Q359: Request for Information on the Status of Detainees Transferred by the Canadian Forces
SECRET CEO

Pursuant to this morning's interdepartmental meeting, grateful for KABUL's assistance contacting appropriate
Afghan authorities for the purposes of seeking information on the status of .m! detainees transferred by the
Canadian Forces to Afghan authorities. In particular, grateful if Afghan authorities could indicate if a particular
detainee ha s been released, transferred to a third party or if still in Afghan custody, the current location of
detention for that particular detainee.

We have a master list of all detainees transferred by Canada to Afghan authorities and will make appropriate
details available to you shortly for onward transmission to the Govemment of Afghanistan to facilitate their efforts.

Drafted : lOR/Laporte
Approved: FTAG/Buck

•
,

• 5/02/07
Nov. 14 , 200 7 EV OFAIT OOO 1.002 7 1 01 1
 PROUDFOOT Douglas Scott -FTAG -C4

e To:
Cc:
m:
nt:
KANOH -C4R
April 30. 2007 7:34 AM
PROUDFOOT Douglas Scott -FTAG-ol
MULRONEY David -DMA -C4; SWORDS Colleen -IFM -C4; POUPART Isabelle -lOR -C4 ;
NDHQ OTT ADM (POL) -01; ANDERSON Cory -FTAG -C4 ; COOTER Chns -BNATO -GR -
C4; KANDH -KAF -C4R; BUCK Kerry-FTAG -C4 ; KABUL -GR -oIR; LAPORTE Eric -IDR-
C4 ; GOLBERG Elissa -IRH-GHA -C4 ; NOLKE Sabine ..JLH -C4; ALEXANDER Vera -aGO -
PCO /BCP -C4R; EXTOTT -FTAG -c-
Subject: KANOHOO28 - Notflcatcn of AIHRC and leRe

Follow Up Flag: Follow up

Due By: May 1, 2007 8:55 AM
Flag Status: Flagged

SECRET CEO

2. I have, verbally, asked both organizations to conduct appropriate follow-up. If you wish us to put that request in writing,
please advise.

3. NOS officers were present on April 25 when the complaints were made, and they heard the allegations first hand.
Given that this was the case, at the end of the April 25 CSCIDFAIT visit to NOS facilities I raised the allegations directly
with NOS he maintained that there was no substance to them, and that it was a transparent attempt by
hardcore Taliban to discredit the government.

f1agg ed the complaints to the Governor, verbally, on April 26 . Note that as the NOS are aware of the full detail of the
• gatlons , we have to assume they have passed that information on to the Governor.

II I . 1 ; · ;". _ • I ,; . I ; . • I . I'. I - Ii. I ' .:. _ . _• . •. ; . Ii- - 1 l. ;

KANDHfBuchan

-Qr\ginal Message-
From: PROUDFOOT Douglas Scott -FTAG-c4
Sent: April 26, 2007 9:12 PM
To : KANDH-e4R
Cc: MULRONEY David .QMA -<:4: SWORDS Colleen -IFM -01; POUPART Isabelle ·IOR.(;4; NDHQ OTT ADM (POL) -<:4;
ANDERSON Cot)' -FTAG -ce
COOTER Ctvis -BNATO -GR -ce
KANDH -KAF -e4R: BUCK Kerry -FTAG KABUL -GR- -ce
C4R; lAPORTE Eric -lOR -e4: GOLBERG Elissa -IRH-GHA -e4: NOLKE sabine .JLH .(;4; ALEXANDER Vera .QGD-
PCO/BCP -e4R: EXTon -FTAG -ca
Subtect RE: KANDHOO26 - Visit to NOS detention facility

SECRET CEO

Thank you for detailed report on visit to NDS detention facility in Kandahar. Report includes specific allegations of
mistreatment of two detainees . Please take following actions:

1. Convey specific information regarding the prisoners and their complaints to the ICRC and to the AIHRC, asking that
they conduct follow-up investigations .

2. Indicate to the NOS , and other appropriate GOA authorities such as the Governor, that we have received
• information relating to mistreatment of detainees,'and that these complaints are a matter of serious concern,
withouVwithout identifying the complainants or providing other specifics.

Nov. 14, 2007 EVDFAITOOO 1.oo28 1 012

 Approved: FTAG/Buck

• 2

Nov. 14 , 2007 EVOFAITOOO1.0028 2012

 -.
PROUDFOOT Douglas Scott -FTAG-C4
om: PROUDFOOT Douglas Scott ·FTAG -C4
_ nt: April 26. 2007 12:42 PM
0: KANDH-C4R
Cc: MULRONEY David -DMA -C4; SWORDS Colleen -IFM -C4; POUPART Isabelle -lOR -C4;
NDHQ OTT ADM (POL) -C4; ANDERSON Cory -FTAG -C4; COOTER Chris -BNATO -GR -
C4; KANDH -KAF -C4R; BUCK Kerry-FTAG -C4; KABUL -GR -C4R; LAPORTE Eric -IDR-
C4; GOLBERG Elissa -IRH-GHA.(;4; NOLKE Sabine -JLH -C4; ALEXANDER Vera -aGD-
PCO/BCP -C4R; EXTOTT -FTAG -C4
SUbject: RE: KANDH0026 - Visit to NOS detention facility

SECRET CEO

Thank you for detailed report on visit to NOS detention facility in Kandahar. Report includes specific allegations of
mistreatment of two detainees. Please take following actions:

1. Convey specific information regarding the prisoners and their complaints 10 the leRG and to the AIHRC. asking that
they conduct follow-up investigations.

2. Indicate to the NOS, and other appropriate GOA authorities such as the Governor, that we have received information
relating to mistreatment of detainees, and that these complaints are a matter of serious concern, withouVwithout
identifying the complainants or providing other specifics.

Approved: FTAGlBuck

--origInal Message--
From: KANDH .c4R
sent: AprIl 25, 2007 6:37 PM

•
To : BUCK Kerry-FTAG-c4
Cc: MULRONEY David -OMA -C4; SWORDS Colleen -IFM -e4: POUPART Isabelle -IOR.(;4: PROUDFOOT Douglas SCott-FTAG-
-ce
C4 ; NDHQ OTT AD M (POL) ANDERSON Cory -FTAG -ce: COOTER Chri s -8NATO -GR..(:4: KANOH -KAF -e4R
Subject: KANDH0026 - Visit to NOS detention facility

SECRET CEO

1. Attached please find a CSCIOFAIT report on tcoevs visit to the National Directorate of Security (NOS) facility in
Kandahar City.
«File: 07-Q4-25_CSC Site Visit to NoS.doc»

2. Key points are that we were accorded full access to all parts of the detention facility, and the NOS committed to
allow AIHRC future access on demand. Standards of treatment were in general complied with, although one practice
of concern is the universal use of leg-irons.

s this was a faet-finding inspection trip rather than an investigation the information I
enough to serve as a basis for action, but believe it merits follow up.

KANoH /Buchan
--Qriginat Message---
From: KANOH -KAF -e4R
sent: Apfi125 , 2007 7:48 PM
To: KANDH -e4R: BUCK Kerry -FTAG-e4
Cc: MULRONEY David -DMA..(:4: SWORDS Colleen -IFM -ce -ce
POUPAAT Isabelle -lOR LAPORTE Eric -lOR -e4: PROUDFOOT
-ce
Doug las SCott -FTAG KABUL -HOM -e4R: KABUL -GR -e4R : NOHQ +CEFCOM J9 -e4R: NOHQ OTT ADM (POL )

•
.(;4; ANDERSON Cory-flAG -01; COOTER Chris -BNATO -oR-01
Subject: RE : KANDH0025 - Detainees: Access to NOS faCilities

Sent on bebalf of PRTIBnchan

1

Nov. 14 , 2007 EV,OFAIT.OOO1.oo30 10f 4

 ..
On Wednesday April 25, DFAIT and esc conducted visit to NDS detention facility in Kandahar

•
between 16:30-18 :30. Team was given full access to all parts offacility requ ested and conducted top to
bottom exhaustive inspection. Conditions for prisoners generall y in compliance with UN standards;
exception was universal use ofleg irons. Two detainees complained of mistreatment. N O S _
committed to allowing full access to AIHRC.

Detailed report to follow later this evening.

Drafted/Released: KAFlLaflamme

--original Message--
From: KANDH.c4R
sent AprIl 25 , 2007 3:03 AM
To: BUCK Kerry ·FTAG.(;4
ce . MULRONEY David·DMA-e4: SWORDS Colleen -IFM -e4 ; POUPART Isabelle ·IOR -ce:
lAPORTE Eric__IOR -ce
PROUDFOOT
Douglas Scott ·FTAG -01: KABUL -HOM -e4R; KABUL -GR-e4 R; KANOH -KAF -e4R: NDHQ+CEFCOM J9 -
C4R; NOHQ OTT ADM (POL) -ce ANDERSON Cory · FTAG -<:4: COOTER Chris -BNATO -GR-e4
Subject: KANDHOO25 - Detainees; Access to NOS facilities

SECRET CEO

1. Have set today at 1600 for access to NOS facilities (though this being Kandahar, there is still plenty of
scope for things to go awry). Party will be led by oFAIT with CSC, PRT legal Advisor and Military Police in
support . Will report soonest on conclusion of visit.

2. Have fixed tomorrow (Thursday) for a meeting with Kandahar Afghan Independent Human Rights
Com mission Director Engineer Noorzai.

3. Understand General Grant has a 1300 mtg today with Kandahar NOS

•
KANOH/Buchan

---ortglnal Message--
From: BUCK Kerry-FTAG-C4
Sent: ApriI25,200712:16AM
To: KANDH-C4R
Cc: MULRONEY David -QMA -C4; SWORDS Colleen -lFM -C4; POUPART Isabelle -lOR -C4: LAPORTE Eric-
lOR -G4; PROUDFOOT Dougla s Scott -FTAG -G4; KABUL -HOM -G4R; KABUL -GR -G4R; KANDH -KAF -
C4R; NDHQ +CEFCOM J9 -e4R; NDHQ OTT ADM (POL) -C4; ANDERSON C.ory -FTAG-C4
Subject: RE: Detainees: Access to NOS fac:lNties

SECRET CEO

Plea sed that NOS will provide prompt access to the Kandahar NOS facilities .
_ _ Please advise if you encounter difficulties in getting con nm

Thi s remains an immediate priority for Ottawa . Context of the visit is to take NOS up on their offer to visit
NOS detention cells. Offer was made April 21 in meeting between JAG Connor and CSC Director.
Primary goal is to establi sh that access to NOS detention cells is possible. Secondary goal is to assess, to
the extent possible, quality of the general treatment of and conditions for prisoners as per normal CSC
a ssessments during prison visits. The visit is not/not intended to be an investigation. oFAIT lead would
be appropriate at this stage.

Have spoken to CEFCOMlDuschner regarding context and purpose of visit.

----QrIglnal Mes~
From: KANDH -e4R
s.t1t: April 24, 2007 2:17 PM
To : ANOERSON Cory-FTAG -e4

•
ce: MULRONEY David -DMA -C4;BUCK Kerry -FTAG -C4; SW ORDS CoHeen -IFM -ca: POUPART Isabelle
-lOR -C4: LAPORTE Eric -lOR -ce PROUDFOOT Douglas Scott -FTAG -C4: KABUL -HOM -e4R:
KABUL -GR -e4R : KANDH -KAF -e4R
Subfect Detainees: Access to NOS facilities
Importance: High
2

Nov. 14, 2007 EV,OFAIT.OOO1.oo30 201 4

 ..
SECRET CEO

•
Please pass to: KAF/Laflamme

1. Have spoken to the Governor who has made a commitment that we will be given prompt access to
the NOS facilities in Kandahar .iiiiliii.iiiiii!iiiiiiiiiiiiiiiiiiili!ii.~""ii1!i1.i.iiiiiiliiiii~i
we deemed this the channel that would get the fastest results). We asked that he confirm timing for
such a visit as soon as possible, but we have not yet beenoffered a 5101- the NOS are apparenUy
seeking authorization from NOS Chief Saleh in Kabul, and as KABUL noted Sale h is not currently
available. W. are therefor. not yet In a pos it ion to conflnn a t ime for the visit.

2. Understand from JTF-A that DND has some reservations abo ut conducting a visit tomorrow; if
Ottawa thinking on the immediate importance of such a visit has evolved, please advise.

3. For any suc h visit grateful you clarify :

- goa l of the visit- fa ct finding mission? facilities inspection? interviews with prisoners? first step
in invest igation? Th is will determine the composition of the team that we send .
• who should take the lead on the visit? (CSC have the expertise, but no manda te to engage in
monitoring; taking on a monitoring role would undermine the relationship they need fo- effective
mentoring, so they may not be the ideal choice)
• the nature of report you would expect.

KAND H/Bucha n

Consu lts : LCoi Chamberlain, PRT lEGAO

----Qriglnal Message--
from : KABUL -oR-e4R
Sent: April 24, 2007 9:01 PM
To : ANDERSON Cory · FTAG-e4
Cc: MULRONEY David · DMA -C4; BUCK Kerry · FTAG -ce:
SWORDS Colleen ·IFM -C4; POUPART
Isabelle · IOR -04: LAPORTE EriC·IOR -ce
KANDH -e4R : PROUDFOOT Douglas seen · FTAG·

•
C4; KABUL -HOM -e4R ; KABUL..oR-e4R
Subjllet : RE: Detainees : Urgent NOS Demarche
Importanc e : High

Have spoken to at NOS with whom we out lined (in

brief) our concerns, and requested an urgent meeting with NOS. iliilliLaid that NOS chief
Am rullah Saleh, who arrived back in country today , is not availabl= ' 9"ht (it is already 20:30) but
ilow
that we could very likely get a meeting tomorr . ,. 'fiisiiaii,eiih.fio'i1w
.haii'iev
ileii'i ' iea
iisiion is not available,
• promises a meeting instead with NDS

2. We could also probably meet tomorrow with Karzai's chief of staff Orner Oaoudzai and' Ii!!i!!!!!I
••ililiiiliil,possibly also Karzaj himself. Pis let us know if you wish us to pursue that option .

_ _ SCR met today on this issue with the ICRC and the Deputy Minister of Justice.
~ered to provide assistance, should we request it.
Colvin

--QrlgInal Message--
from : ANDERSON Cory · FTAG -C4
Se nt: ApriI24,20071 1:15AM
To : KABUL-GR -o4R; KABUL -HOM-e4R
Ce: MULRONEY David -DMA.(;4: BUCK Kerry · FTAG .(;4; SWORDS Colleen ·IFM-e4;
POUPART Isabelle ·IOR -04: lAPORTE Eric ·IOR -04: KANDH -e4R; PROUDFOO T Douglas
Scott · FTAG -e4
Su bject : Detainees : Urgent NOS Demarche

•
Importance: High

SECRET

Nov. 14 , 200 7 EV,OFAIT.OOO1.oo30 3 014

 ••
•
Globe & Mail articles of today re: detainees inserted below. As discussed. grateful
you make formal demarche with theNDS

• Drafted: Anderson
Consulted: Proudfoot
Approved: Buck

• 4

Nov. 14, 2007 EV.DFATT.OOO1.0030 4 014

 SWORDS Colleen ·IFM ·C4
om: KANOH-C4R
• nt: April 26, 2007 9:43 AM
To: PROUDFOOT Douglas SCott -FTAG-C4
Cc: MULRONEY David -DMA -C4; SWORDS Colleen -IFM -ce
POUPART Isabelle -IDR-C4;
LAPORTE Eric-lOR -C4; KABUL -HOM -C4R; NOHQ OTT 0 NATO POL -C4; BUCK Kerry-
FlAG -C4; NOHQ OTT OGIS POL -C4; NDHQ OTT ADM (POL) -C4; NOHQ +CEFCOM J9-
C4R ; Privy Council Office -e4R; Privy Council Office I Foreign & Defence Poltcy -C4R; Public
Safety & Emergency Preparedness -C4R; Correctional Services ·BH; Royal Canadian
Mounted Police Head Quarter -C4R; SINCLAIR Jill -PCOIBCP -e4R; ALEXANDER Vera -
OGO -PCOIBCP -C4R: DAVIS Christopher -OGO -PCOIBCP -C4R: ANDERSON Cory-
FlAG -C4 ; KANOH -KAF -C4R; EXTOTT -MINA -C4; EXTOTT -USS -C4; LATULIPPE Aleln
-MINA -C4; ROBERTSON Jamie -FlAG -C4; EXTOTT -FlAG -C4; KABUL -GR -C4R;
CCATS .
Subject: KANDHOO27 - Afghanistanldetainees- meeting with Kandahar AIHRC and NOS

Importance: High

SECRET CEO

Peo: for CartwrightlSinclairlDavisiAlexander

DND: for CDS/Gauthier/DeschampslRigbyJGosseliniAnderson
CIDA: for GreenhillffselHallihan
CSIS: for Judd
PSEP: for HurtubiselMaclaren
CSC: for Coulter
RCMP: for BeerlMartin

o n April 26 KANDH hosted a meeting between Commander JTF·A (8Gen Grant), the head of the Kandahar branch of
• e Afghanistan Independent Human ~n (AIHRC- Engineer Noorzai) and the of the
National Directorate of Security (NDS~.

2. Bottom line outcome- the Cdn side brokered a verbal agreement between the AIHRC and NOS on future
cooperation in Kandahar. Details are as foHows:
i) the AIHRC will henceforth enjoyfull and unrestricted access to NOS facilities in Kandahar
ii) during their visits to NOS detention facilities the AIHRC will have the right to interview prisoners in private,
without NOS personnel present
iii) the AIHRC will assist the NOS in lobbying the judiciary and prosecutors to allot additional resources to clearing
the backlog of national security detainees who have yet to be charged
lv) the AIHRC will publicly confirm that , as of the current date, they have received no/no com laints a ainst the
Kandahar NOS alleging that torture occurred in the period January 2006 to present
it covers the full period since we took over the battlegroup) [no e, cwever, a e ave
received four complaints alleging NOS violation of due process- holding people without charge for longer than the
maximum period permissible under Afghan law]

3. It was agreed that these points could be made public if any of the participants in the meeting so wished . Canada is
therefore free to pass the details of the understanding to the med ia, or to reference them in Parliament.

4 . The only ca veat the NOS added was that for any indi vidual whose case has been presented to the Attorney General
the ArHRC needs, per normal established procedures. to clear its request for access through the Attorney General before
seeking to access the individuaL

5. Although the result of the meeting exceeded expectations, there had been initial challenges. The NOS _ was
angry that the AIHRC had spoken to the media without first attempting to resolve the issue directly with him (he had not
n personally engaged by Engineer Noorzai), and was under the misapprehension that some of the comments about

tE inee abuse had originated with the AIHRC . Engineer Noorzai, however, was insistent that his organization had the
nstitutional mandate to inspect NOS facilities and should not require supplementary authorization. Cdn side facilitated a
dis cussion that resol ved these issues. Key factor was that NOS had just received a letter from their HQ in Kabul that
1

Nov. 14, 2007 EV.OFAIT.OOO 1.00 31 1012

 directed them to coo perate w ith the AIHRC, meaning that guidance from their respective headquarters was aligned.

6. Noorzal and_found common ground In frustration at some inaccuracies in the original Globe and Mail article.
r example . the person cited as the NOS Director , Sadullah Khan, is not on the NOS payroll. In an earlier exchange.
• verne r Kha lid indi cat ed that Khan had not worked for the NOS since 2005, and in any ev ent had little credibility as he
wa s later jailed on dru g tra fficking charge s. It was also flagg ed that the las t major file the A IHRC opened on the Kandahar
NOS, involving two death s in detention. was during the tenure of form er Govern or Engineer Pashtun and a different NOS
chief. Note that the four names referenced in the Globeand Mail article are not in the AIHRC files (exceptfor _
_ and in that ca se the dates and circumstances do not match the press article). This is not of exceptional
significan ce , however, as the AJHRC doe s not tra ck every detainee in Kandahar .

7. The AIHRC and the NOS ag reed that the y would clarify the above misunderstandings in an y future contact with the
media ; they are both now ve ry aware of the close scrutiny that their rema rks will be under in the Canadian press. In
addition to thi s, had suggested that AIHRClKandahar issue a letter clarifying that it had not recei ved any
allegation s of torture by the NOS in the last year; Noorzai said that such a letter would requ ire approval from his
headquarters, and he would raise the suggestion with them .

8. Go vern or Assadullah Khalid , in separate discu ssions, has noted his surprise and unhappiness at the Globe and Mail
story, and in partic ular disappointment that Engin eer Noorzai had spoken to the pre ss without having first approached
him to seek resoluti on of access issues. Th e Govern or flagged that Kabul had displa yed sign ifica nt interest in the
situation , and that President Karzai and the Minister of Interior we re debating issu ing a statement. Khalid thought there
would be so me merit to a local press statement, with the government an d AIHRC both speaking , but said he was waiting
for approval from the President.

Teday's und ertakings by the NOS, howe ver, provided they are lived up to, will cha nge that by allowing for
e active access and oversight. To en sure that the undertaking s are carried out in full and ac hiev e the ir Intended effect

e·
will require direct Canadian engage me nt with both NOS and AIHRC in the months to co me.

Canadian journalists are pursulnq both the Go vernor and Engineer Noorzai in an effort to secure additional quotes or
mments. .

KANOHlBuchan

Consults : JTF-A I 8Gen Grant

• 2

Nov . 14 , 2007 EV .DFAIT.OOO1 .oo31 2012

 PROUDFOOT Douglas Scott -FTAG -C4

e To:
Cc:
m.
ot:
KANDH -C4R
April 25, 2007 6:37 PM
BUCK Kerry -FTAG -C4
MULRONEY David -DMA -<;4 ; SWORDS Colleen -IFM -(;4; POUPART Isabelle -IOR-C4;
PROUDFOOT Dougla. Scott -FTAG -C4; NDHQ OTT ADM (POL) -C4; ANDERSON Cory-
FTAG -C4; COOTER Chris -BNATO -GR -C4; KANDH -KAF -C4R
Subject: KANDHOO26 - Visit to NOS detention facility

SECRET CEO

1. Attached please find a CSC/DFAIT report on todeys visit to the National Directorate of Security (NOS) facility in
Kandahar City.

~
01.(M ·2 ~_CSC Sile
V ia/t 10 NO S...

2. Key points are thai we were accorded full access to all parts of the detention facility, and the NOS committed to allow
AIHRC future access on demand. Standards of treatment were in general complied with, although one practice of concern
is the universal use of leg-irons.

s
this was a fact-finding inspection trip rather than an investigation the information is not precise enough to serve as a basis
for action, but believe it merits follow up.

NOH/Buchan .
_
--Otiginal Message--
From : KANDH · KAF .c4R
sent: April 25, 2007 7:48 PM
To: KANOH .c4R; BUCK Kerry ·FlAG.c4
Cc : MULRONEY David -DMA.04; SWORDS Colleen ·IFM -ca: POUPART Isabelle ·IOR -e4; LAPORTE Eric -lDR.c4; PROUDFOOT
Dougla s Scott ·FlAG .c4; KABUL · HOM .c4R; KABUL -GR -C4R; NOHQ +CEFCOM J9 -e4R : NDHQ OTT ADM (POL) -e4;
ANDERSON Cory -FlAG.c4; COOTER Chris ·BNAT O -GR.c4
Subject: RE: KANDH0025 · DetaInees: Access to NOS facilllies

Sent on behalf of PRTlBuchan

On Wednesday April 25, DFAIT and esc conducted visit to NDS detention facility in Kandahar between
16;30-1 8;30. Team was given full access to all parts offacility requested and conducted top to bottom
exhaustive inspection. Conditions for prisoners generally in compliance with UN standards; exception was
universal use of leg irons. Two detainees complained of mistreatment. NOS ~mmitted to
allowing full access to AIHRC.

Detailed report to follow Iater this evening.

Drafted/Released: KAFlLaflamme

--origInal Message---
From: KANDH -e4R
sent: April 25, 2007 3:03 AM
To : BUCK Kerry -FlAG-C4

•
ce. MULRONEY David -DMA -C4; SWORDS Colleen -IFM -<;4: POUPAAT Isabelle -lOR -<:4: LAPORTE Eric -lOR -C4; PROUDFOOT
Douglas Scott -FTAG -01; KABUL -HOM -C4R; KABUL -GR -oIR; KANDH -KAF..(;4R; NDHQ +CEFCOM J9 -oIR:
NDHQ OTT ADM (POL) -01 : ANDERSON Cory -FTAG -C4; COOTER Chris -SNATO -GR.c4
SubjeCt: KANOH0025 - Detainees: Access to NOS facilities

Nov. 14, 2007 EV.DFAIT.OOO1.oo32 10f9

 SECRET CEO

•
1. Have set today at 1600for access to NOS facilities (though this being Kandahar, there is still plenty of scope for
things to go awry). Partywill be led by DFAITwith esc, PRT Legal Advisor and Military Police in support. Will
report soonest on conclusion of visit.

2. Have fixed tomorrow (Thursday) fOf' a meeting with Kandahar Afghan Independent Human Rights Commission
Director Engineer Noami.

3. Understand General Grant has a 1300 mig today with Kandahar N D S _

KANDHl8uchan

----Qriglnal Message--
From : BUCK Kerry -FTAG-e4
sent: April 25, 2007 12:16AM
To : KANDH-e4R
Cc: MULRONEY David -DMA -01 ; SWORDS Colleen -IFM -C4; POUPART Isabelle -lOR -C4: lAPORTE Eric -lOR -e4; PROUDFOOT
Douglas SCott·FTA G -<:4: KABUL -HOM -e4R : KABUL -GR .(:4R; KANOH -KAF -C4R; NDHQ +CEFCOM J9·
C4R; NDHQ OTT ADM (POL ) -ce ANDE RSON Cofy ·FTAG-e4
Subject: RE: Detainees: Access to NOSfacilities

SECRET CEO

iiP~le~a~SiieidlthjjaiitilNiDiiSwill provide prompt access to the Kandahar NOS·facilities.

, Please advise if you encounter difficulties in gett ing confirm

Thi s remains an immediate priority for Ottawa . Context of the visit is to take NOS up on their offer to visit
NOS detent ion cells. Offer was made April 2 1 in meeting between JAG Connor and CSC Director. Primary
goal is to establish that access to NOS detention cells is possible . Secondary goal is to assess, to the exten t
possible, quality of the general treatment of and conditions for prisoners as per normal CSC as sessments
during prison visits. The visit is noVnot intended to be an investigation . OFAIT lead would be appropr iate at

•
this stage .

Have spoken to CEFCOMlOuschner regarding context and purpose of visit.

--Original Message--
From : KANDH-C4R
Sent: AprIl 24. 2007 2:17 PM
To: ANDERSON Cory -FTAG -C4
Cc : MULRONEY David -DMA -ce BUCK Kerry -FTAG -ce
SWORDS Colleen · IFM -e4; POUPART Isabelle -lOR
-ce lAPORTE Eric -lOR -e4; PROUDFOOT Douglas Scott -FTAG -<:4; KABUL -HOM -e4R; KABUL -GR -
C4R; KANOH -KAF -<:4R
Subject: . Deta inees: Access to NOS faclllUes
Importance: High

SECRET CEO

Please pa ss to: KAF/lanamme

1. Have spoken to the Governor who has made a comm itment that we will be
NOS facilities in Kandahar
deemed this the channel that would get the astest results. We asked that con ntn timing or such a
visit as soo n as possible, but we have not yet been offered a slot- the NOS are apparently seeking
. authorization from NOS Chief Saleh in Kabul, and as KABUL noted Saleh is not currentl y ava ilable. We
are therefore not yet In a position to confirm a time for the visit.

2 . Understand from JTF-A that ONO has some reservations about conducting a visit tomorrow; if Ottawa
think ing on the immediate importance of such a visit has evolved , please advi se.

3. For any such visit grateful you clarify:

•
- goal of the visit- fact finding mission? facilities inspection? interviews with prisoners? first step
in investigation? This will determ ine the composition of the team that we send .
- who should take the lead on the visit? (CSC have the expe rtise, but no mandate to engage in
monitoring; taking on a monitoring role would undermine the relationship they need for effective
2

Nov. 14, 2007 EV OFAIT OOO 1.0032 2 019

 -- -- - ---------- - - - - - - -- - - - - - - - - - - - - --,

mentoring, so they may not be the ideal choice)

• the nature of report you would expect.

• KANDH /Buchan

Consults: LCoI Chamberlain, PRT LEGAD

-origInal Messag_
from:
sent:
To:
KABUL -GR..(;4R
April24, 2007 9:01 PM
ANDERSON Cory -FlAG..(;4
Cc: MULRONEY David -DMA..(;4: BUCK Kerry ·FlAG..(;4: SWORDS Colleen -IFM -<:4: POUPART Isabelle
-IDR -<:4: LAPORTE Eric -IOR..(;4: KANDH -<:4R: PROUDFOOT Douglasseen -RAG -<:4: KABUL-
HOM -<:4R: KABUL-GR-<:4R
SubjKt: RE: DetaInees: Urgent NOS Demarche
Importance: High

Have spoken to at NDS, with whom we outlined (in

brief) our concerns, and requested an urgent meeting with NOS. _said that NDS chief Amruliah
Saleh , who arrived back in country today, is not available tonight (it is already 20 : ~t that we could
very likely get a meeting tomorrow. tf Saleh for whatever reason is not available , _promises a
meeting instead with NOS

2. We could also probably meet tomorrow with Karzai's chief of staff Omer Oaoudzai aOO,_
possibly also Karzai himsetf . Pis let us know if you wish us to pursue that option.

Colvin

• --Original Message--
From:
sent:
To:
Cc:

SubtKt:
Importance:
ANDERSON Cofy -FlAG-e4
ApriI24, 200711 :15AM
KABUL -GR~; KABUL-HOM..(;4R
MULRONEY David -DMA..(;4: BUCK Kerry -flAG -e4 : SWORDS Colleen -IFM..(;4 : POUPART
Isabelle -IDR ..(;4: LAPORTE Eric -lOR
DetaInees: Urgent NOS Demarche
High
-ce
KANDH -e4R: PROUDFOOT DoogIas Scott -FlAG..(;4

SECRET

Globe & Mail articles of today re: detainees inserted below. As discussed, grateful you
make formal demarche with the NOS

•
Nov. 14, 2007 EV.DFAIT.OOO1 ,0032 3019
 •
Drafted: Anderson
Consulted: Proudfoot
Approved: Buck

• 4

Nov. 14, 2007 EV.DFAIT.OOO1 ,0032 -4019

 • NOS SITE VISIT
2007·04-25

The Director of the Corrections Component and Gavin Buchan of DFAIT

departed the KPRT at 16:00 on patrol to NDS under Force Protection escort.
The purpose of the patrol was for CSC to endeavour to review the Registration
Book for prisoners, to meet the Director of the Detention Centre and to tour the
Detention Cell Block to assess compliance with Intemational Standards . This
patrol had been planned for some time however became more urgent due to
recent Canadian media commentary.

The of NDS, , in~ially met us. OFAIT queried

whether he was aware of media allegations of mistreatment at the NOS facility in
Kandah.ar and underlined the seriousness with which Canada is taking this
issue. said he was aware of the issue because of conversations with
General rant and that he was prepared to give us full and open access.

_ o f NOS and arrived

some minutes later and reference was made to our meeting of April 22"" with the
_ a n d _ o f NDS. CSC explained their mandate to the
Director and t~ been wor1<ing with Sarpoza Prison and its
staff and to a lesser degree the ANP HQ Detention Centre and would like to offer
similar assistance to NOS. CSC commented that when in the other facilities,

• CSC typically would ask to look at the prison register, inspect the cells, take
pictures of the facility and assess the premises to Human Rights standards.
CSC asked if they would be extended the same courtesy and NOS indicated we
could have complete access to their facility,

When queried regarding the allegations by Engineer NOORZAI that he has been
unable to secure access to the NOS facility, said that he has
never requested to come to NDS. That ICRC is allowed access to NOS so why
would they deny NOORZAl?

•
Nov. 14, 2007 EV.DFAIT.OOO1.00 32 5019
 • dark grey concrete and lighting was provided by three of five light bulbs hanging
from the ceiling. Showers and latrines were outside the entrance of the building.

According to NOS staff a doctor visits once a week but the prisoners can also be
taken to an outside hospital. They receive 3 meals a days and staff and officers
eat the same food as the prisoners. They receive fresh air exercise and showers
on altemate days (those in the communal cell go one day, those in individual
cells the next). All inmates were wearing chains around their ankles, which were
secured by padlocks .

Family visits take place on Thursdays and they can also send ·messages out.
When asked as to how their families are notified of their incarceration we were
told it was either through l neighbours or word of mouth. If a family
member comes to.the gate and enquires about an inmate NOS will confirm if he
or she is there. Lawyers are allowed to visll but they never do.

Staff complement for the detention centre is

make 6000 Afghani or $100-120 US a month. They
only _ is allowed in the cells.

We were told that inmates are typically held here for 1 month before trial and
once they completed the court process they would go to Sarpoza. They did state

• that they could request extensions from the court. This is contrary to our NOS
interview of April 22"" when CSC was told they were only at NOS for the
investigation process and then would go to court from Sarpoza. Two inmates
indicated they had been there for approximateiy 2 Y, months.

The NOS indicated that they would have no objections to our asking questions of
the prisoners . They remained present throughout our interaction with the
prisoners.

When asked who had been picked up or detained by Canadian Forces of the 19,
seven raised their hands and two insisted. Then some qualified that they were
foreigners who spoke English. _ t o l d us the last transfer from Canadian
Forces was 15 days ago and that due to issues of overcrowding some end up
going to Sarpoza .

Kuchi prisone said he was captured by foreigners ,

he believed from t e ",taoS ates. He claimed to have done nothing wrong but
NOS officials said a bomb had exploded in the area near him and he had tested
positive for gunshot residue. He has children at home and asked for clemency.

•
Nov. 14, 2007 EV.DFAIT.OOO1.0032 60f9
 • He has been in NOS detention for more than two months. His investigation has
been completed but he is awaiting court proceedings .

on a as been there for 2 11, months. His

investigation is iFnished. Wh'e-n-a'sKed-aooUl abuse he said his toes had been
bumed but ~ was not apparent to esc inspection. He also said he had been
kicked and beaten while blindfolded, that they had stepped on his belly. This
reportedly took place in the NOS office. When asked who had abused him he
said it was officers at NOS o,wevetbe_could not identify them due to the
blindfold. NOS alleged tha ad killed two ANP in Myan Shin or
Shah Wali Kat before being cap ure .

On the other side of th"-was a corridor with ~n one side and I on

the other. This area was brighter largely due to the fact that the walls and inside
the cells were painted. There was one prisoner out on the ran e who would
deliver water and chai to the inmates and
There was-'latulJllli bj jn .cells_butl.lon ej nJ he other

The cells were approximately 2.5 x 1.5 metres. Each cell held 2 prisoners who
again were shackled. There were no mattresses in the cells butthere were
blankets on the floors. When asked what qualified these inmates to be placed in
the individual cells we were told it was because they were still under

• investigation.

In one cell a prisoner was told he was going to be released b~and that
he was of the same tribe as He had no passport or papers
and was from Pakistan. His father had come in to verify his identity and he will
now be released . When asked how his family knew he had been detained he
said his father had been looking for him for 12 days and eventually located him at
the NOS facility,

We asked about a Prison Register and were told there was one , which we were
allowed to view . Typically dUring the first week of detention and investigation
prisoners are not allowed to see their family, however if there are inquiries the
NOS will confirm to the family that they are being held. The NOS also stated that
if a lawyer did come during this one week period he would be allowed to visit.

Another prisoner beckoned to us,aodJoJcLus.bis.JlamJLwa.s

(spelling to be verified), son of
. .

•
Nov, 14, 2007 EV.DF AIT.OOO1.0032 7 019
 ,

• state that he had been interrogated by foreigners

alleged that
which is where he
was held. When asked about other prisoners he said that there were none.
When asked about the number of cells he said it was just a room. He went on to
He
beat him and gave him electric shocks. He also
stated he was bound by his feet and hands and was made to stand for 10 days .

We inspected the rest of the building. There was one p r i s o n e r _

being kept in isolation in an office as he had just been processe~
assessed. There were also staff accommodations. Two offices were locked and
belonged to officers who had one home, which had chairs and a photocopier in
them . The interview room had 3 desks and chairs.
_ we saw the office of the ich contained 3
~s and files and the _ which he showed to us and is
very similar to that of Sarpoza a~ The filing cabinets divided
the room and on the other side of them was an area to sleep and to have chai.

• Also

building.
was an em
exception of the two locked offices,
we were ab e 0
room and an additional office. With the

en er an mspe every room In

We were then shown the new construction for the NOS cells. We were told that
e

NOS is building the new facility but that they didn't know how it was being
funded ; they were under the impression it was their own departmental budget.
This is different from what they told me in the March 14~ visit when they stated
the Americans were buildin the new facili . The cells in this buildi will also
be

After this we conducted a de-brief with While most of the

standards are consistent with the other sites viewed, esc indicated that the
shackling of inmates was inappropriate. They stated it would only be for one
more month until the new building is ready, and they are able to put all prisoners
into small cells rather than relying on a communal cell. Having said that, the new
facility is far from being ready and esc would like to pursue the matter further.
NOS also clarified for us that -"otified families when someone was
incarcerated at their site. When asked about prisoner treatment we did indicate

• that two inmates had stated they had been tortured. While we saw no immediate

Nov, 14, 2007 EV.DFAIT.OOO1.0032 6 019

 • .. evidence of abuse, matters would require further investigation and/or
corroboration. The response regarding the prisoner who s t a t e d _
had abused him was that he had been questioned by ANP at th~

prisons.

•
Nov. 14, 2007 EV .DFAIT.OOO1 .0032 9 019
 PROUDFOOT Douglas Scott -FTAG -e4
Am'
~t:'
KANDH -C4R
April 25, 20076:19 PM
To : ANDERSON Cory -FTAG-C4
Co: KANDH -KAF -C4R; BUCK Kerry -FTAG -C4; PROUDFOOT Douglas Scott -FTAG -C4;
KABUL -GR -C4R
Subject: RE: Detainees: UrgentDemarche

SECRET

1. We will be seeing Noorzai at 10:00am tomorrow and wilt pose the question. Note that Kandahar NOS claim that AIHRC
has never approached NOS to request access to the facility, which contradicts what Noorzaj has told us.

2. We are trying to set up a three party meeting with AIHRC and the NOS _ for tomorrow, to get to the bottom of the
conflicting claims regarding access.

KANDHlBuchan
-Original Message---
From: ANDERSON Cory -FlAG-e4
hnt: AprIl 25, 2007 5:57 PM
To: KANDH -e4R
Cc: _ KANDH -KAF -e4R; BUCK Kerry -FlAG -e4 ; PROUDFOOT Douglas Scott -FlAG -e4; KABUL -GR-e4R
Subject: FW: Detainees: Urgent Demarche

SECRET

Please see below. As per our discussion yesterday, grateful if you could get in touch with Noorzai to confirm whether

'.
they're getting access.
Thanks.

FTAG/Anderson.

---Original Message--
From: KABUl-GR-e4R
sent: April 25, 2007 7:44 AM
To : KABUl-GR -e4R: PROUDFOOT Douglas Sc:ott-FTAG-e4; KABUl-HOM-e4R
Cc : MULRONEY David -DtM -01 : BUCK Kerry -FTAG -ce
SWORDS Colleen -IFM..(;4 : POUPART Isabelle -IDR -c4; LAPORTE Eric
-ce
-lOR ANDERSON Cofy-FTAG -ce KANDH-oIR
SubtKt: RE: Detainees: Urgent Demarche

As a follow-up, Langan called to say that while he checked yesterday with the AIHRC in Kandahar and they still hadn't
been allowed access to the NOS facilities (Langari says his colleagues in Kandahar tell him it is_ _
.Iocking their access), A1HRC/Kabul had talked to the NOS in Kabul ~e
NOS Chief Saleh send down an urgent message to Kandahar today allowing the AIHRC access.

KABUUBloodworth

-Qrjglnal Message--
From: KABUl-GR-oIR
Sent: April23 , 2007 12:27 PM
To : PROUDFOOT Douglas Scott -FTAG -e4 : KABUL -HOM -oIR
Cc : MULRONEY David -DMA -01: BUCK Kerry -FTAG -ceSWORDS Colleen -IFM -01; POUPART Isabelle -IOR..(;4: lAPORTE Eric
-IDR -01: ANDERSON Cofy.fTAG -G4; KANDH-e4R
SubtKt: RE: Detainees: Urgent Demarche
lmporblnce: High

SECRET

•
I just spoke to Ahmad lia Langari, one of the (nine) commissioners at -the Afghan Independent Human Rights
Commission (AIHRC) and delivered the five bullets below , as well as the supplemental, sixth bullet ("Should the
AIHRC indicate they have reports of abuse , why have such reports not been communicated to
GoC as per the
arrangement?").

Nov. 14, 2007 EV OFAIT OOO 1.0033 1 012

 • •

Lenqarl said thatthe AIHRC has faced problems of access to NOS facilities. As a result. the commission is

•
unable to monitorthe condition of detainees, as per their agreements with the Canadians, Dutch and others.
Langari said that Dr. Sima Samar, the AIHRC chair, raised this issue about 9 days ago with President Karzai. The
president subsequently set up a meeting between Dr. Samar and NOSchair Amrullah Saleh. However, according
to langari, the access problem has still not gone away.

separately, the issuewas raised yesterday at the Human Rights Forum, which Catherine attended. The deputy
AIHRC chair, Ahmad Fahim Hakim, reported that, asfollow upto the Semer-Seleh meeting, he metwith the Legal
Advisor of NOS to request enhanced access to NOS facilities . However, If this does not result in improved
access, AIHRC may ask Canada , Netherlands, UK and others jointly to demarche NOS.

Finally, I have had a request in since Apri117 to meet with Saleh on i) general detainee-handling issues and ii)
Glyn Berry. Saleh was away but returned to Kabul today. We are still awaiting confirmation of the appointment.

Colvin! charge

----QrIglnal Messag__
From : PROUDFOOT Douglas SCott-FlAG-e4
Sent: Aprl123, 2007 11:14 AM
To: KABUL -GR -o4R; KABUL ·HOM-e4R
cc MULRONEY Davkl -DMA -04; BUCK Kerry ·FlAG -04; SWORDS Colleen -IFM -ce POUPART Isabelle ·IDR.-04 : LAPORTE Eric
-ce
-lOR ANDERSON Cory ·FlAG -e4: KANDH -e4R
Subject: Detainees: Urgent Demarche

SECRET

Globe & Mail articles of today re: detainees inserted below. As discussed, grateful you make formal
demarche with the Afghan authorities and the Afghan Independent Human Rights Commissio,-

• Drafted: IT AGIAndersonIProudfootlBuck
Approved: Buck

Nov. 14, 2007 EV .DFAIT.OOO1 .oo33 2012

 PROUDFOOT Douglas Scott ·FTAG·C4

e To:
Cc:
m'
nt:
PROUDFOOT Douglas Scott-FTAG -C4
April 25. 2007 4:30 PM
KABUL-GR -C4R
MULRONEY David -DMA -C4; SWORDSColleen -IFM -C4; POUPART Isabelle-IDR -C4;
LAPORTE Eric -lOR -C4 ; KANDH -C4R; KABUL -HOM -C4R; NDHQ OTT 0 NATO POL -C4 ;
BUCK Kerry -FTAG -C4; NDHQ on DGIS POL -C4; NDHQ on ADM (POL) -C4; NDHQ
+CEFCOM J9 -C4R; Privy Coun cil Office -C4R ; Privy Coun cil Office I Fore ign & Defence
Policy -C4R; Public Safety & Emergency Preparedness -C4R; Correctional Services -BH ;
Royal Canadian Mounted Police Head Quarter -C4R; SINCLAIR Jill -peO/Be? -e4R;
ALEXANDER Vera -CGO -PCOIBCP -C4R; DAVIS Christopher -OGO -PCOIBCP -C4R;
ANDERSON Cory -FTAG -C4 ; KANDH -KAF -C4R; EXTon -MINA -C4 ; EXTOTT -USS -<;4;
LATULIPPE Alain -MINA -C4; ROBERTSON Jamie -FTAG -C4 ; EXTOTT -FTAG-C4;
CCATS .
Subject: FTAG0110-AFGHANISTAN/DETAINEES: MINA Call to NSAIRassoul

SECRET CEO
peo: for CartwrightiSinclairlDavisJAtexander
OND: tor CDS/GauthierlDeschampsJRigbylGosselinlAnderson
CIDA: for GreenhiUrrselHallihan
CSIS: for Judd
PSEP: for HurtubiseIMacJaren
CSC: for Coulter
RCMP: for Beer/Martin

Approved : OlMlNAflatulippe

• 1

Nov. 14 , 2007 EVDFAITOOO1.oo34 1 01 1

 ,
•
. PROUDFOOT Douglas Scott ·FTAG-C4

~
m: KANDH -KAF -C4R
t: April 25. 2007 11 :26 AM
0: BUCK Kerry -FTAG -C4
Cc: MULRONEY David -DMA -ce
SWORDS Colleen -IFM -G4; POUPART Isabelle -lOR -C4;
LAPORTE Eric -lOR -C4; PROUDFOOT DouglasScott -FTAG -C4; KABUL-HOM -C4R;
KABUL-GR -C4R; NDHQ +CEFCOM J9 -C4R; NDHQ OTT ADM (POL) -C4; ANDERSON
Cory -FTAG -C4; COOTER Chris -BNATO -GR -C4; KANDH -C4R
Subject: KAF097: The Perspective of the NOS on the G&M Articles

Importance: High

SECRET C EO

REPORT : On Wednesday April 25, Join' Task Force - Afghanistan (JTF-A) requested a meeting w i t h _
the NOS for the province of Kandahar. The meeting was chaired by BGen. Grant. POLAD
and other members of the command cell were also in attendance. The objective of the meeting was to discuss:
1) recent allegations that prisoners have been tortured by Afghan security officials after being transferred by the
Canadian Forces (CF); 2) complaints by representatives of the Afghan Independent Human Rights Commission
(AIHRC) that the NDS had restricted or denied access to some of its detention facilities. The meeting lasted
approximately 40 minutes.

2. Our conversation with ~ised a number of questions, some of them casting doubts on the allegations
brought forward by Graeme Smith in his Globe and Mail (G&M) articles:

In "From Canadian Custody into Cruel Hands", published on April 23, Smith quotes a man called Sadullah
_ an, who, he claims, is the Kandahar NOS Chief. Th is came as a surprised to the command cell of JTF- A as
one ofus had ever heard about this individual. We asked _ who was Sadullah Khan . He told us there
was nobody by that name working for the NDS in Kandahar.

4. In "Detainee Watchdog" , which appeared on following day. the chief investigator for the A1HRC in
Kandahar. Amir Mohamm ed Ansari, is quoted as saying that the NOS does not allow the AIHRC to visit its
detenti on facilities. _ denied this and said the AIHRC had always been free to visit. He also added that
since the NOS was giving free access to the International Committee for the Red Cross (JCRC), there was no
reason for his organization to deny access to the AlHRC, especially since the latter's mand ate was guaranteed
• I '.. ' I . I • I , tion. He went on to say that the ICRC had regular contacts with the NDS,_ _

and that they had never experienced any problems accessing their facilities~
the NDS allow the lCRC in, but not the AIHRC?", he rhetorically asked,

6. We then specifically ask~f he, or, to the best of his knowledge, anybody else in his organization,
had ever been contacted by the AIHRC with a view to express concerns about lack of acces s to NDS faciliti es.
He mentioned that he was not aware of any such complaints. _ then pointed out that the AIHRC can

~
ge a protest to Kabul if the NOS does not allow it to do its job; it appears it never did so. Finally, he also
ntioned that Engineer Abdul Quadar Noorza i, the head of the Kandahar office of the AIHRC, had never tried
contact him directly to express any concerns. In fact, they do not even know each other.

Nov. 14, 2007 EV,OFAIT.OOO1.oo35 1 of 3

 ..
• 7. Incidentally, it should be noted that Canadian officials have repeatedly told Engineer Noorzai over the last
. few months that Canada stood ready to facilitate visits to NOS detention facilities in the region. This offer was
eated by Minister O'Connor himself on March 14 during his visit to Kandahar. Yet, Engineer Noorzai never
_ uested our help. When PRT staff renewed this offer, Noorzai indicated that her preferred to try to solve any
[tficulry through informal channels first before seeking outside assistance. He further indicated that the
challenges faced by the AIHRC were more likely the result of an
broader and more serious policy concerns. As a result, it came as a surpnse 0 many 0 us w en IS s a went
public with the G&M.

8. On numerous occasions during our exchange_strongly denied that prisoners under NDS custody
were being tortured. He also specifically discu ssed"'tliecases of the four individuals who, according to Graeme
Smith in "From Canadian Custody into Cruel Hands", have been mistreated after being handed over by Canada
to Afghan authorities.

• said that an individual by that name is currently in the custody of the NDS .
e c aim at is _ has been involved in the planning of 45 suicide attacks. Since
evidence against him~ even the most zealous of interrogators would never have needed
to retort to torture or beatings. was in fact well treated and is currently in jail in Kabul.
Anybody is welcome to go visit tm to au Ie-check. [Comment: our records show that three
individuals with that name have been transferred by the CF to Afghan authorities . The
discus sed b y _ is probably not the one that Graeme Smith interviewed]

• ~gain, ~enied this person had been tortured. He claimed that in fact
admitted earty on to being a Taliban. [Comment: Graeme Smith said that
NOS custody. Based on the modus operandi of the NDS, this may not have been possible.

•
explained that within 72 hours, the NOS must transfer a detainee's file to the office of the ttorney
General, a special department of the NDS which, in tum, must process the file within 30 days. After
that, the Ministry of Justice (MoJ) takes over the case. Thus, at least in theory, it seems a detainee
cannot spend more than 'one month under NOS custody. Although there are exceptions to this rule, they
are unlikely to have applied in the case o f _ While in NDS or Mol custody, all prisoners are
detained at Sarpoza prison in Kandahar city.]

• - h a d little info to provide on this individual. He said he was captured with

~ore than two years ago, before_took up his position as N D S _
[Comment: our records show that the CF handled three individuals named~e first o n "
.2006, the second o n _ 2006 and the third in_2006. The ~e Smith
interviewed was most likely one of the first two.] -

• id NDS records make no mention of this individual. [Comment:

as taken by the CF in.2007 and then handed over to the NDS].

9. Next Steps: In order to seek clarifications on the difficulties faced by the AIHRC in its relations with the
NDS, we have proposed to_that a meeting be organized between both organizations. This informal
session would be chaired by JTF-A. _agreed to participate. We have already contacted Noorzai to
impress upon him the need for a frank, albeit informal discussion on the difficulti es~hich
have been brought to light by the G&M articles. He too agreed to the idea of a trila~ope to
fljld it as early as possible. The PRT will meet with Noorzai tomorrow morning, at 10:00, to follow up.

Drafted : KAFlLaflamme
2

Nov, 14. 2007 EV.DFAIT.OOO1 .oo35 2 of 3

 ~ Consulted : J2ILeblanc, J3/Brad1ey
. Approved : BGen Grant _ _ _ _ _ _ _ __ _ _ __ _ n ,

• Martin Laflamme
Political Advisor to the Commander
Joint Task Force-Afghanistan

Kandahar Airfield

• 3

Nov. 14 , 2007 EV,OFAIT.OOO1.oo35 3013

 "
ANDERSON Cory -FTAG -C4
KANDH -KAF -C4R
Apr il 25, 2007 11:18 AM
KANDH -C4R ; BUCK Kerry -FTAG -C4
MULRONEY David ·DMA .C4; SWO RDS Colleen · IFM -C4; POUPART Isabelle -lOR -C 4;
LAPORTE Eric -lOR -C4 ; PROUDFOOT Dougl as Scott -FTAG -C4 ; KABUL · HOM -C4R;
KABUL -GR -C4R; NDHQ .CEFCOM J9 -C4R; NDHQ on
ADM (POL) -C4; ANDERSON
Cory -FTAG -C4; COOTER Chris -BNA TO -GR -C4
RE : KANDHOO25 - Deta inees : Access to NOS facilities

Sent on behalf of PRTlBuchan

On Wednesday April 25, OFAIT and CSC conducted visit to NOS detent ion facility in Kandahar between
16:30-1 8:30. Team was given full access to all parts of facility requ ested and conducted top to bottom
exhaustive inspection. Conditions for prisoners generally in compliance with UN standards; exception was
universal use of leg irons. Two detainees complained of mistreatment. NDS ~mmitted to allowing
full access to A I HRC.

De tailed report to follow later this evening.

Drafted/Released: KAFlLaflamme

-Qriglnal Message----
From : KANDH .c4R
Sent: AprIl 25, 2007 3:03 AM
To: BUCK Keny -fTAG -C4
Cc : MULRONE Y David -OMA..c4; SWORDS Colleen -IFM -01: POUPART Isabelle -IDR -<:4; lAPORTE Eric -IDR -<:4; PR OUDFOOT

•
Douglas Scott -FlA G -<:4; KAB UL ·HOM -<:4R; KABU L -GR -<:4R; KANDH · KAF -<:4R; NDHQ +CE FCOM J9 -<:4R; NDHQ
OTT ADM (POL) -<:4; AN DERSON Cory -FlAG -<:4; COOTER Chris -BNATO -GR -<:4
Subject: KA ND HOO25 - Deta inees: Access to NDS facl lilles

SECRET CEO

1. Have set toda y at 1600 for access to NOS facilities (though this being Kandahar, there is still plenty of scope for
th ings to go awry ). Party will be led by oFAIT with e sc, PRT Legal Advisor and Military Police in support. Will re port
soo nes t on co nclus ion of visit.

2. Have fixed tomorrow (Th ursd ay) for a meeting with Kandahar Afghan Independen t Human Rights Commissi on
Director Engin eer Noorzai.

3. Und erstand Ge neral Grant has a 1300 mtg today with Kandahar NOS

KA No H/Bucha n

--C>riglnal Message
From: BUCK Kerry -FlAG-<:4
sent: ~25.2007 12: 1 6AM
To: KAN DH-c4R
Cc : .MULRONEY David -DMA.c4; SWORDS Colleen -IFM -<:4; POUPART Isabelle · IOR <:4; lAPORTE Eri c -l OR -e4; PROUDFOOT
Dougl as SCott -FlAG <:4; KABUL -HOM -c4R; KAB UL -GR -c4R; KAN DH -KA F <:4R; NDHQ +CEFCOM J9 <:4R;
NDHQ OTT ADM (POL) <:4; ANDE RSON Cory -FlAG <:4
Subject: RE : Detainees: Access to NDS fad lilles

SECRET CEO

Pleased that NOS will provide prompt access to the Kandahar NOS facilit ies. • llj •

•
• • • • • •. Please advise if you encounter difficulties in gettin g confimiia access Wlthm the next m ou rs .

Thi s remain s an im mediate priori ty for Ottawa . Context of the visit is to take NOS up on their offe r to visit NOS
detention ce lls. Offer was ma de April 21 in meeting between JAG Co nnor and cse Director . Primary goal is to

Nov. 14, 2007 EV.DFAIT.OOO1 ,0036 1 013

 -. ,

establish that access to NOS detention cells is possible. Secondarygoal is to assess, to the extent possible,
quality of the general treatment of and conditions for prisoners as per normal esc assessments during prison
visits. The visit is not/not intended to be an investigation . DFAIT lead would be appropriate at this stage .

• Have spoken to CEFCOMIDuschner regarding context and purpose of visit.

--original Message----
From:
sent:
KANDH-e4R
April 24, 2007 2:17 PM
To: ANDERSONCory .FTAG-C4
Cc: MULRONEYDavid -DMA -C4; BUCK Kerry·FTAG -e4 : SWORDS Colleen-lFM -C4; POUPARTIsabelle-lOR -ce
LAPORTEEric
-lOR -cs. PROUDFOOT Douglas Scott -FTAG -<:4: KABUL ·HOM -clR: KABUL -GR -G4R: KANOH -KAF -e4R
SUbjl;ct: Detainees: Access to NOSfadl ities
Importance: High

SECRET CEO

Please pass to: KAFlLaflamme

1. Have spoken to the Gov

NOS facilities in Kandahar so we deemed
this the channel that would get the fastest results) . We asked that he confi rm timing for such a visit as soon
as possible, but we have not yet been offered a slot- the NOS are apparently seeking authorization from NOS
Chief Saleh in Kabul, and as KABUL noted Saleh is not current ly available . We are therefore not yet In a
positi on to conflnn a time fo r t he vi sit.

2. Understand from JTF-A that DNO has some reservations about conducting a visit tomorrow; if Ottawa
thinking on the immediate importance of such a visit has evolved , please advise .

3. For any such visit gratefu l you clarify:

- goal of the visit- fact finding mission ? facilities inspection? interviews with prisoners? first step in
invest igation? Th is will determine the composition of the team that we send.
- who should take the lead on the visit? (CSC have the expertise , but no mandate to engage in

•
monitoring; taking on a monitoring role would undermine the relationship they need for effective mentoring, so
they may not be the ideal choice)
- the nature of report you would expect.

KANOH/Buc han

Consults: LCaI Chamberlain, PRT LEGAO

--oliglnal Message--
From : KABUL. -oR-e4R
Sent: April 24 , 2007 9:01 PM
To : ANDERSON Coty -FTAG-e4
Cc : MULRONEY David ·DMA -ce BUCK Kerry -FTAG -e4: SWORDS Colleen -IFM.c4; POUPART Isabelle -lOR
-G4: lAPORTE Eric -lOR -G4: KANDH -e4R; PROUDFOOT Douglas Soott -FTAG -e4; KABUL. -HOM-e4R;
KABUL..oR -e4R
Subject: RE: Detainees: Urvent NOSDemarche
Im porta~: High

Have spoken to at NOS, with whom we outlined (in brief)

our concerns. and requested an urgent meeting with NOS. said that NOS chief Amrullah Saleh ,
who arrived back in country today, is not available tonight (il is already 20:30~ but that we cou ld very likely
get a meetin tomorrow. If Saleh for whatever reason is not available , promises a meeting instead
with NOS

2."iWiieico
i' uld also probably meet tomorrow with Karzai's chief of staff Orner Daoudzai and•• • • • •
• possibly also Karzai himself. PIs let us know if you wish us to pursue that option .

• Colvin
,
Nov. 14 , 2007 EV.DFAIT.OOO1.oo36 2013
 . ~ .
---Qriginal Message--

•
From : ANDERSON Cory -FlAG-e4
Sent: AprII24 ,200711 :15AM
To: KABUL -GR -e4R; KABUL -HOM.(:4R
Cc: MULRONEY David -QMA -ceBUCK Kerry -FlAG -c4: SWORDS Colleen ·IFM .c4; POUPART lsabele
-lOR -<;4: LAPORTE Eric -lOR -ce KANDH -C4R; PROUDFOOT Douglas SCOtt -FlAG-e4
SubjKt: Detainees: Urgent NOS Demarche
Importance: High

SECRET

Globe & Mail articles of today re: detainees inserted below. As discussed, grateful you make
forma l demarche with the ND

•
Drafted: Anderson
Consulted: Proudfoot
Approved: Buck

• 3

Nov. 14 , 200 7 EV.DFAIT.OOO1 ,0036 3013

 •

PROUDFOOT Douglas Scott ·FlAG -C4

e To:
Cc:
m'
nt:
KABUL .oR-<:4R
April 25, 2007 9:15 AM
ANDERSON Cory -FTAG -C4
MULRONEY David -DMA -<:4; BUCK Kerry -FTAG -C4; SWORDS Colleen - IFM -<:4;
POUPART Isabelle -lOR -<:4; LAPORTE Eric -lOR -<:4; KANDH -C4R; PROUDFOOT
Dougl as Scott -FTAG -<:4; KABUL -HOM -<:4R; NDHQ on D NATO POL -C4; NDHQ on
DGIS POL -<:4; NDHQ on ADM (POL ) -<:4; NDHQ +CEFCOM J9 -<:4R; Privy Council
Office ·C4R; Privy Council Office f Foreign & Defence Policy -C4R ; Public Safety &
Emergency Preparedness -e4R; Correctional Services -BH; Royal Canad ian Mounted Police
Head Quarter ·C4R; SINCLAIR Jill-PCOfBCP -C4R ; ALEXANDER Vera -000 -PCOfBCP-
C4R; COOTER Chris -BNATO -GR -C4; BNATO -HOM -C4
Subject: KBGR02 65 - Detainees: demarche to Karza i's chief of staff

Importance: High

SECRET

Peo: for CartwrightiSinclairfOavisfAlexander

DND: for COSfGauthierfOeschampsfRigbyfGoseli nlAnderson
CIDA: for GreenhillfTseJHallihan
CSIS : for Judd
PSEP : for HurtubiseIMaclaren
CSC: for Coulter
RCMP : for BeerfMartin

We met this aftemoon with Omar Daoudza i, chief of staff to President Karzai, to del iver the demarche and to discuss a
ssible wa forward .

Nov. 14, 2007 EV.DFAIT.OOO1 ,0037 1 of 4

 ,

Colvin

-Qriglnal~
From: ANDERSON Cory -FTAG-e4
sent: AprIl 24. 2007 6:56 PM
To: KABUL -GR-e4R
Cc: MULRONEY David -DMA -e4: BUCK Keny -FlAG -ca: SWORDS Colleen -lFM -e4: POUPARTIsabelle -lOR -e4: LAPORTEEric
-lOR -<;4: KANDH -e4R : PROUDFOOT Douglas Scott -FlAG -e4: KABUL -HOM -e4R: NDHQOTT 0 NATO POL-G4 :
NDHQ OTT OGIS POL -<:4; NDHQ OTT ADM (POL ) -ce NDHQ +CEFCOM J9 -C4R ; Privy Counci l OffIce -e4R: Privy
Council Office I Foreign & DefencePolicy -c4R : Public Safety 3: Emergency Preparedness -e4R; Correctional Services -BH;
Royal canadian Mounted Police Head Quarter-e4R
Subject: RE: Detainees: UrgentNOSDemarche

SECRET

peo : for CartwrightiSinclair/DavisJAlexander

DND : for CDSlGauthierlDeschampsJRlgbyfGoseliniAnderson

•
CIDA: for GreenhillfTselHallihan
eSls: for Judd
PSEP: for HurtubiseJMaclaren
esc: for Coulter
RCMP: for Beer/Martin

1. NOS: Please continue to push for a meeting with NOS, preferably Saleh, using the points previouslyprovided .

2. Karzai Chief of Staff OrnerDaoudzai: Agreea meeting with the COS would be useful. Please use the following
points:

•
•
•

•
3. We would appreciate if you could convey informall

•
•

same messages to Ambassador Samad today.

4. With regardto a possible inquiry, grateful if Kabul couldlook intothis and report back on anydevelopments, if
2

Nov. 14, 2007 EV.DFAIT.OOO1 ,0037 2 of 4

 appropriate raising it with Daoudzai.

BACKGROUND: BNATOreftel YBGR0193 of 24 April notes the following:

•
Drafted/Released: Anderson
Consulted: Proudfoot
Approved: Buck

--QriginaJ Message---
From: KABUL .oR-e4R
Sent: April 24, 200 71 2:31 PM
To: ANDERSON Cory-FlAG-e4
Cc : MULRONEY Davld.()MA -e4 : BUCK Kerry·FlAG -ce
SWORDS Colleen · IFM -<;4: POUPART Isabelle -lOR -C4 ; LAPORTE Eric
-IOR.c4: KANOH -e4R: PROUDFOOT Douglas SCott -flAG -ce
KABUL -HOM -e4R: KABUL .oR.c4R
SubjKt: RE: Detainees: Urgent NOS Demarche
Importance: High

Havespokento

lUI' , .: ,

2. We could also probably meet tomorrow with Karzai's chief of staff Orner Daoudzai and ,

•
possibly also Karzai himself. Pis let us know if you wish us to pursue that option .

Colvin

---Original Message--
From: ANDERSON Cory -FTAG-e4
Sent: April 24, 200711:15 AM
To: KABUL -GR -e4R; KABUL -HOM-e4R
Cc : MULRONEY David -DMA -C4; BUCK Kerry -flAG -G4; SWORDS Colleen -lfM -G4: POUPART Isabelle -lOR -04 : LAPORTE Eric
-lOR -ce KANDH -c4R: PROUDFOOT Douglas Scott -FTAG -e4
Subted: Detainees: Urgent NOS Demarche
Importllnce: High

SECRET

Globe & Mail articles of today re: detainees inserted below. As discussed, grateful you make formal
demarche with the NDS

•
Nov, 14. 2007 EV.DFAIT,0001.0037 3014
 •

erson
Consulted: Proudfoot
Approved: Buck

• 4

Nov. 14, 200 7 EV.DFAIHlOO 1.0037 4 of 4

 i

PROUDFOOT Douglas Scott ·FTAG -C4

~: KABUL -GR -C4R

April 25, 2007 6:09 AM
To: ANDERSON Cory-FTAG -C4; PROUDFOOT Douglas seea -FTAG -C4; BUCK Kerry -FTAG
-C4
Cc: MULRONEY David-OMA -C4; SWORDS Colleen -IFM -C4; POUPART Isabelle-IOR-C4;
LAPORTE Eric -IDR -C4; KANDH -C4R; KABUL -HOM -C4R; NOHQOTT D NATO POL-C4;
NDHQ OTT DGIS POL -C4; NOHQ OTT ADM (POL) -C4; NOHQ +CEFCOM Jg -C4R; Privy
Council Office ..c4R; Privy Council Office I Foreign & Defence Policy -G4R; Public Safety &
Emergency Preparedness -G4R; Correctional Services -BH; Royal Canadian Mounted Police
Head Quarter -G4R; SINCLAIR Jill -PCOIBCP -C4R; AlEXANDER Vera -aGO -PCOIBCP -
C4R; DAVIS Christopher -QGO -PCOIBCP-C4R
Subject: KBGR0263 - Deta inees: Urgent demarche to NOS chief Amrullah Saleh

Importance: High

Follow Up Flag : Follow up

Due By: April 26, 2007 8:58 AM
Flag Status: Flagged

SECRET CEO

peo: for 'CartwrightlSinclair/DavisJAlexander

oND : for CDS/GauthierlDeschampslRigby/GoseliniAnderson
CIDA: for GreenhillfTseIHallihan
eS1S: for Judd
PSEP: for Hurtubise/Maclaren
esc: for Coulter
RCMP: for Beerl Martin

• 1; KBGR0250 of 13 April 07

We met today at 1130 with National Directorate of Security (NOS) chief Amrullah Saleh and, point by point, delivered the
demarche. This was followed by a lengthy (40-mlnute) discussion on the substance of the allegations and possible ways
to address the legitimate human-rights concerns raised In the Cdn media. Saleh Is visibly very concerned about the
allegations and open to constructive solutions to address them . lComment: SLO is on leave so Charge met with Saleh
alone.l
2. Saleh said he was "shocked" to read the Globe & Mail article, which he described as "one-sided" and 'argely
unfounded ." He said that the Globe & Mail should have contacted him first.

3. Saleh said that NOS, partly in response to our phone call last night, partly on the request of Ambassador Samad In
Ottawa, is preparing a press release that NOS could issue today. It wou ldl could :

- confirm that AIHRC enjoys unhindered access to NOS facilities

- point out that the Globe and Mall made no effort to contact Saleh to refute the points in the article
- for specffic cases, refute the allegations reported In the Globe
- promise a GoA investigation Into the allegations

4. Saleh suggested that the press release could include, as attachments, a copy of the guarantee of access given to the
Kandahar AIHRC, as well as a copy of the NOS' procedures/laws for detainees

5. Saleh said that Engineer Noorzai, head of the AIHRC in Kandahar, already has a letter confirming his unhindered
access to NOS facilities. According to Saleh, Noorzai has not used that letter to enter detention facilities. Saleh said he
also has an agreement with AIHRC chair Dr. Sima Samar to the effect that, if she is aware of a problem at the NOS , she
. alert Saleh. According to Saleh, she has not done so . (Saleh also said that, for our information

6. Saleh said that, when the investigation is finished, NOS will share a copy of their findings with us , as well as with ISAF. :
1

Nov. 14 , 2007 EVDFAITOOO 1.oo38 1 014

 leRe and AIHRC. He added that he has asked the Kandahar offICe of NOS to invite Cdns in Kandahar to visit their
detention facilities. which he believedwould happen today a114OO. [Comment: The PRT has reported that it will take
lace at 1600.]

8. Saleh also addressed some of the allegations reported in the GlObe'S.' He said tha_one of the interviewed
detainees, had killed the brother of an NOS officer. According to Saleh, had been detained by "tribals" and had
never been tortured by NOS. In general, "many of those beaten were firs aten by the police," not the NOS.

L •
. .". " ;'" .
9. We noted that the Globe had interviewed many detainees who allege abuse, not j u s t . We did not necessarily

Saleh agreed but noted that Involving Karzai's office

mIg e ay a press re ease ya coo eo ays. au d it be better to have an NOS release today, or a presidential
release on Friday? We said that we would meet today at 1530 with the president's chief of staff, Orner Oaoudzai, in order
to discuss with him how GoA and Canada might most effectively respond to the legitimate concerns of the Canadian
public . Saleh said that he would hold off on an NOS press release until that discussion, and possibly others, had taken
place , and we had phoned to inform him of its conclusions.

11. As a general principle, we underlined to Saleh that we value the NOS' important contribution to our shared challenge
of dealing with a brutal insurgency in the south . In that regard , we obviously need to find a way to achieve our common
security goals while doing everything we can to minimize the risk that, in the process, Afghans' human rights are violated.
We asked Saleh, of t h e _ Afghans transferred to NDS by Cdn regular forces , as opposed to other sorts of forces,
how many of those were~udgment, Taliban insurgents as opposed to, for example, local farmers . Saleh said that
he simply did not know but he wou ld ask his analysts to look into it. He suggested that, in general. conventional forces are
. not necessarily the best instrument for identifying high·value combatants. Most of those detained by Cdn forces, he
essed, would subsequently have been released . However , any person held in an Afghan detention centre. even if not
Itreated , "is unlikely to come away praising the hospitality of those who detained him." said Saleh.
•
12. In that r ard , Saleh noted the offer he had recent! made to Public Securi

13. Finally, we passed on to Saleh FTAG comments on the Glyn Berry case (FTAGOO87 of 5 April 07) . Saleh said that he
understood our concerns. At the same time, NDS is taking this issue seriously and should soon be in a position to report
back on its findings.

Colvin

-OrigInal Message--
From: ANDERSON Cofy ·FlAG-C4
Sent: ~124 , 2007 6:56 PM
To : KABUL ·GR-C4R
Cc : MULRONEY oallld · DMA -C4; BUCK Kerry ·FTAG -C4: SWORDS Colleen ·IFM -t4: POUPART Isabelle ·IOR -C4; lAPORTE EI1c
-lOR -C4; KANDH -o1R: PROUDFOOT Douglas Scott ·FlAG -c4: KABUL -HOM -e4R; NOHQ OTT D NATO POl-e4:
NDHQ OTT DGIS POL -C4; NDHQ OTT ADM (POL) -01: NDHQ +CEFCOM J9 -c4R: Privy Council Office .c4R; Privy
Council Office I Foreign & Defence Policy -G4R; Public sa fety & Emergency Preparedness -e4R: Correctional Services -8H ;
Royal canadian Mounted Police Head Quarter-C4R
Subject; RE : Detainees : Urgent NOS Demarche

SECRET

PeO: for CartwrightiSinclairlOavis/Alexander

e DND:
C1DA:
CSIS :
PSEP :
for CDSlGauthier/Descham psJRigby/GoselinlAnderson
for GreenhillfTselHallihan
for Judd
for HurtubiseJMaclaren

Nov. 14, 2007 EV,OFAIT.OOO1.oo38 201 4

 •
'. esc: for Coulter
ReMP: for Beer/Mart in

• 1. NOS: Please continue to push for a meetingwith NOS, preferably Saleh. using the points previously provided.

2. Karzai Chief of Staff Orner Daoudzai: Agree a meetingwith the COS would be useful." Please use the following
points :

•
•
•

•
3. We would appreciate if you could convey informally

•
•
DMA conveyed same messages to AmbassadorSamad today.

4. With regard to a possible inquiry, grateful if Kabul could look into this and report back on any developments, if
appropriate raising it with Daoudzai.

•
BACKGROUND: BNATO reftel YBGR0193 of 24 April notes the following:

Drafted/Released: Anderson
Consulted: Proudfoot
Approved : Buck

-original Message
From: KABUL-GR-c4R
Sent: Aprl124 , 2007 12:31 PM
To: ANDERSON Cory -FTAG-e4
ce: MULRONEY David -DMA -ce BUCKKeny ·FTAG -e4: SWORDS Colleen ·IFM -e4: POUPART Isabelle -lOR -C4; LAPORTE Ertc
-lOR -e4: KANDH-C4R; PROUDFOOT Douglas Scott ·FTAG -<:4: KABUL -HOM -<:4R; KABUL -GR-C4R
SUbject: RE: Detainees: Urgen t NOS Demarche
Import.nee: High

Have spoken to

• 2. We could also probably meet tomorrow with Karzai's chief of staff Omer Daoudzai and, if we pushed strongly,
possibly also Karzai himself. PIs let us know if you wish us to pursue that option.

Nov. 14, 2007 EV.DFAIT.OOO 1.00 38 3014

 o

I.

SCR met today on this

•
end the Deputy Mlnlst.8l' of Justice. SCR has also offered to provideassistance, should we

CoMn

-<Jrtginal Me. . .
From: AN:lERSON Cory-FTAG-c4
......: Apl1124,200711 :15AM
To: KABUL -oR ~ KABUL -HOM-c4R
Cc: MULRONEY Davld-DMA -04; BUCK Keny -FTAG -ceSWORDS Cohen -lFM.c4; POUPART lubeh -lOR -C4; LAPORTE ErIc
-lOR -04; KANOH oC4R; PROUDFOOT DougIaI SCott -FTAG-e4
SuIljKt: 08taineee: Urgent NOS Demard'le
Im~ : High

SECRET

Globe & Mail articles of today reo detainees inserted below. As discussed, grateful you make fotrnal
demarche with the NDS

ersoo
Consulted: Proudfoot
Approved: Buck

• •

Nov. 14,2007 EV.DFAlT.OOO1 .0038 Oof.

 PROUDFOOT Douglas Scott ·FTAG -C4

~
: ANDERSON Cory-FTAG-<:4
nt: April 24. 2007 6:56 PM
. 0: KABUL -GR -C4R
ce: MULRONEY David ·DMA -C4; BUCK Kerry -FTAG -C4; SWORDS Colleen -IFM -C4;
POUPART Isabelle -lOR -C4 ; LAPORTE Eric -lOR -C4; KANDH -C4R; PROUDFOOT
Douglas Scott -FTAG -<:4: KABUL -HOM -<:4R; NDHQ OTT 0 NATO POL -<:4; NDHQ OTT
DGIS POL -<:4; NDHQ OTT ADM (POL) -<:4; NDHQ +CEFCOM Jg -C4R; Privy Council
Offlce -C4R; Privy Council Office I Foreign & Defence Policy ..c4R; Public Safety &
Emergency Preparedness -C4R; Correctional Services -BH; Royal Canadian Mounted Police
Head Quarter -c4R
Subject: RE: Detainees: Urgent NOS Demarche

SECRET

peo: for Cal1wrighVSinclairlDavisJAlexander

OND: for CDSlGauthierJDeschampslRigby/GoseliniAnderson
CIDA: for GreenhilllTselHallihan
CSIS: for Judd
PSEP; for HurtubiseIMaciaren
esc: for Coulter
RCMP : for BeerlMartin

1. NOS: Please continue to push for a meeting with NOS. preferablySaleh, using the points previously provided.

2. Karzai Chief of Staff Omer Daoudzal: Agree a meeting with the COS would be usefu l. Please use the following points :

• Canada takes these allegations very seriously.

•
Such practices would constitute a violation of Afghanistan's intemational obligations, as well as Afghan domestic law.
W e call on the Government of Afghanistan to investigate these specific allegations, In particular the allegations that
this is a syste mic practice at NOS facilities , en sure that any abus e cease Immedi ately, and that corrective measures
be taken .
• We also reiterate the legitimate role of the Afghan Independent Human Rights Commission with regard to monitoring
the treatment of detainees and providing immediate notice should it learn that a detainee transferred by the Canadian
Forces to Afgh an Authorities has been mistreated .
• Such abuses would run counter to the fundamental princ iples which the Gov ernment of Afghanis tan and your
international partners are working together to uphold .

3. We would appreciate if you could convey informally

•
•
DMA conveyed same messages to Ambassador Samad today .

4 . W ith regard to a possible inqu iry, grateful if Kabul could look into this and report back on any developments, if
appropriate raising it with Daoudzai.

BACKGROUND: BNATO reftel YBGR0193 of 24 April notes the following:

Nov. 14, 2007 EV,OFAIT.OOO1.oo39 1 of 3

 - - - --- - - - - -- - - - - - - - - - - - - - - - ,

.'
Drafted/Released: Anderson
Consulted: Proudfoot
proved: Buck
• --Or1glnal Message
From: KABUL -GR-eAR
$ent: April 24, 200712:31 PM
To: ANDERSON CoIy -FTAG-eA
ce: MULRONEY Da'vid ..QMA -C4: BUCK Kerry -flAG -C4; SWORDS Colleen -IFM -C4: POUPART Isabelle -IDR.(;4: LAPORTE Eric
-lOR -<:4: KANDH -eAR ; PROUDFOOT Douglas Scott -FTAG -C4; KABUL -HOM -C4R: KABUL .oR-C4R
Subject: RE: Detainees: Urgent NOS Dernarme
Importance: High

Have spoken to at NOS, with whom we outlined (in brief) our concerns,
and requested an urgen sat t at S chief Amrullah Saleh, who arrived back in country
today, is not available tonight (it is already : ut that we could very likely et a meetin tomorrow . If Saleh for
whatever reason is not available,_promises a meeting instead with NOS

2. We could also probably meet tomorrow with Karzai's chief of staff Orner Daoudzai and,
possibly also Karzai himself. Pis let us know if you wish us to pursue that option.

Colvin

-original Message---
From: ANDERSONCoIy -FTAG-eA
hl)1: April 24, 200711 :15 AM
To: KABUL -GR -eAR ; KABUL -HOM -e4R
Cc: MULRONEY Davlcl-DMA -ce -ce
BUCK Kerry -FTAG SWORDS Colleen -lFM -ce POUPART Isabelle -lOR -ce lAPORTE Eric

•
-ce
-lOR KANDH -e4R: PROUDFOOT Douglas Scott -FTAG-e4
Subfect: Detainees : Urgent NOS Demarche
Impottanc.: High

SECRET

Globe & Mail articles of today re: detainees inserted below . As discussed, grateful you make formal
demarche with the NDS

• 2

Nov. 14, 2007 EV.DFAIT.OOO1 ,0039 2013

 !

• Drafted: Anderson
Consulted: Proudfoot
Approved: Buck

Detainee watchdog: 'We can't monitor these people'

Despite repeated assurances by O'Connor, Afghan agency says its staff are barred
from visiting key detention centre in Kandahar

GRAEME SMITH

Globe and Mail Update

April 24, 2007 at 2:08 AM EST

KANDAHAR, AFGHANISTAN· The watchdog agency Canada is relying on to prevent abuse of

detainees in Afghan custody says it can't do the job properly because it has been
barred from access t o the notorious detention cells of the intelligence service.
Despite assurances that any abuse would be reported, repeated in the House of
Commons by Defence Minister Gordon O'Connor on Monday, the regional head of
investigations for the Afghanistan Independent Human Rights Commission conceded in

•
a recent interview that his staff are being prevented from visiting detai nees in
the National Directorate of security's detention cells in Kandahar.
~We have an agreement with the Canadians, but we can't monitor these people,· said
Amir Mohammed Ansari, chief investigator for AIHRC in Kandahar. "Legally, we have
permission to visit prisoners inside the NOS prison . But they don't allow it.-
The AIHRC signed an agreement in February to monito~ detainees after Canadian
forces hand them over to the NOS. The AIHRC promised to inform Canada immediately
if any captives handed over to the NOS were mistreated.
Related Articles
Responding to a firestorm of criticism in the House after a Globe and Mail report
o f widespread abuse and torture of detainees, Prime Minister Stephen Harper and his
ministers repeatedly referred to the agreement with the AIHRC as sufficient to
ensure that the rights of detainees are respected.
~We have made a recent agreement with the human -rights commission of Afghanistan
and it has guaranteed that it will report to us any abuses o f any detainees we
transfer . I have the personal assurance o f the leader of the human-rights
commission in Kandahar and at the national level,· Mr. O'Connor said in the House .

Mr. Harper said the Liberals had signed an inadequate policy, and that the
Conservative government has improved it.
~The government has signed a new agreement. The previous Liberal government had an
agreement in place that has proven ~o be inadequate despite their assurance,· Mr.
Harper said.

•
When asked Monday whether the AIHRC has the necessary access to monitor detainees
at the NOS facility in Kandahar city , a Defence Ministry spokesperson cited the
February agreement and said Canadian o f f i c i a l s would follow up with the AIHRC in
getting ~to the bottom of these rumours and al legations .·
3

Nov, 14. 2007 EV,OFAIT,0001.0039 30f3

 ..
LAPORTE Eric -lOR -C4
m. ANDERSON Co!y -fTAG-oI
_ nt: AprlI24,200711 :15AM
0: KABUL -GR -oIR; KABUL -HOM -oIR
ce: MULRONEY David -DMA -01 ; BUCK Keny -FTAG -01; SWORDS Colleen -IFM -01;
POUPART Isabelle -lOR -01; LAPORTE Eric -lOR -01; KANDH -oIR; PROUDFOOT
Douglas Scott -fTAG -01
Subjoet: Detainees : Uryent NOS Demarche

Imporgnce: H~

SECRET

ed: Anderson
Consulted: Proud foot
Approved: Buck

------_._----------------------.----------
Det ai nee watchdog : 'We c an ' t monito r t he s e people '
Despite r epeated assu ra nc es by O' Connor , Af ghan age nc y s ays it s s t a f f are bar r ed from
vi s i ting ke y de tent i on c e nt r e i n Kandahar
GRAEME SMITH

~be and Ma i l Update

April 2 4 , 200 1 at 2:08 AM EST
1

NoY. 14. 2007 EV.OFNT 0001 0040 ' ~7

 KANDAHAR, AFGHAN I STAN -- The watchdog a gency Ca na da i s re lyi ng on to preve nt abuse o f
deta inee s in Afghan cus t ody says it c an ' t do the job prope r l y because it has be en ba r red
om a c cess t o the not ori ou s dete ntion c e l ls o f t he intel ligence se rvice.
• spite assurances that a ny abuse woul d be reported, r epeat ed in the Hous e o f Commo ns by
Defence Ministe r Gor do n O'Conno r on Monday, t he r e gi ona l head o f investigations f or the
Afg hanistan Independent Human Rights Commission c onc ede d i n a r e c e nt intervi ew that his
s ta f f are being p revent ed from vis iting detainees in t he National Di rectorat e o f
Se curity 's det enti on c e l l s i n Kandahar .
"We have a n agreement with the Ca nad i ans , but we c a n ' t monito r these people ,H sai d Aroi r
Mohammed Ansari, c hi e f investigator for AIHRC i n Kan d ah a r. ~Legally , we hav e permi s s i on
t o vi s i t prisoner s i nside the NOS pri s on. But they do n 't a l l ow i t ."
The AI HRC signe d a n ag reement in Februa r y to monitor deta ine e s a ft e r Canadian f orces hand
them o ve r t o the NOS. The AIHRC prom i s ed to i nform Can a da i mmediate l y i f a ny capt i ve s
handed ove r t o the NOS were mis t r eated .
Related Ar ti cle s
Re spond i ng t o a fir e s t orm o f c ri t ici sm i n t he Hous e afte r a Globe and Ma il report o f
widespread abuse an d t o rt ure o f d e t a i ne es , Prime Mini ster St ep hen Har per and hi s
ministers repea t e d ly refe rred to t he ag reement wi th t he AI HRC a s su ff i c i e nt t o ensu re
that the rights o f deta inees a re r e spec t ed .
"We have made a recent agreement wi t h the human-rights co~ssio n o f Afghanistan and it
ha s guaranteed t hat it wi l l report to us any abuse s o f any detainees we t r a ns fe r . I ha ve
t he pers ona l a s s u r a nc e of the leader o f the human- rights c ommi s s ion i n Kanda ha r a nd a t
the na ti onal level ," Mr. O'Conno r s·aid in t he House.
Mr. Ha r per s aid the Liberal s had signed an inadequate po l i c y, and that t he Conse rvative
gov ernment has improved it .
" The gove rnment has signed a new a gre eme nt . The previ ous Libe ra l government had an
reement in place tha t ha s proven t o be inadequate despite the ir assurance," Mr . Harper
• id .

When a sked Mon day whether the AIHRC has the necessar y a c ces s t o monit or d etainees at t he
NOS fa cili t y in Kandahar c i t y, a Oefence Minist ry spokesperso n cited the February
agreement and said Canadian offici al s would f ol l ow up with the AIHRC in ge t t ing "to the
bot t om o f thes e rumours and a llegati ons . "
The head of Kan dahar 's int e ll igence cont r adict ed Mr. Ansar i ' s a c count, s a yi ng hi s sta f f
regul a r l y wel c ome vi s i t ors f r om the AIHRC.
I
" Al ways we make time f or t he human-right s people , " sai d Sa dull a h Khan , Kandahar NOS
c hi e f , b y tel ephone. "Ansar i a l ways comes t o the NOS prii on. You ca n as k Ansar i ."
Si nce the new ag reement wa s made, t he Canadians have already i nfo rmed t he AIHRC abo ut a t
l e a s t 10 det ainees who were held at Kan dahar Ai r Fi e ld a nd t ransferred to the NOS. The
onl y way the AI HRC might learn o f thei r fate , Mr. Ansari s aid, is i f t he NOS send s t he m
t o the short-term holding c e l l s ope r ated by t he Afghan Nat i onal Pol i ce o r , mor e likely ,
t o t he nati on al - security wing o f Sa rpo za prison in Kandaha r.
Inve s tigators f or the AIHRC regularly speak with p r is oners at both facilitie s.
Interviews wi t h 30 pe op le who were detained r e c e nt l y i n Kandahar province s ugge s t t he NOS
do esn 't always send i ts c apt i ve s t o l ocal j a i l s , howeve r . Some detainees a re trans f erre d
t o an NOS c e n t r e in Kabul , and it 's not c l e a r whether p risoners a re transfer r e d a ga in
fr om t he r e .
Sti l l , the Ca na d i a n lists o f t r ans f e r r ed detainees will be use ful , Mr. Ans ari s a i d ,
a us e it wil l serve as a r eminde r t o t he intelligence po lice t hat they coul d be held
oun t a bl e f or them. The NOS , a successor t o an Afghan int e llige nc e a genc y s e t up b y t he
• viet KGB , has the wors t reputat ion among l ocal secur i ty f or c e s f or mist r e a tme nt o f
prisoners .
2

Nov. 14. 200 7 EV,OfAlT,0001.0040 20 r7

 i
Keeping t r ac k o f t he deta inees i s c ruci a l , AIHRC o f f i cial s say, because so ma ny fami lies
ha ve alre ady l ost their sons o r brothers in the labyrint~ of j a i l s . These worried
a t i ve s bring their compla i nts t o the AIHRC in Kandahar, but often the inves tigators
' t do a nything except write down their names.
•
The t i ny AIHRC i nves t i g a t i ons o f fi c e c a nnot ha nd l e the volume o f c a s e s , staffers say .
Five people regula rl y do cument the treatment o f pri s oners, but tw o of them are dedi cated
to i s s ue s conce rni ng wome n and c hi l d r e n . That l eaves Mr. Ansari and tw o ass ist ants t o
wat ch over t he fl ood of s uspe c t ed Ta l iban who have been scooped up duri ng months o f
figh ting in Kandahar. They c anno t even e s timate how many people have been detained.
Bes ide s checking on suspect e d Taliban , the three AIHRC i J ve s t i ga tor s are also respons ible
f or monit oring the criminal -justice s yst em, and , i n theory, reporting on abuse s in other
j ails a cro s s sout he rn Afghani stan .

"We need more pe op le f or t his work," s aid Abdul Qadar Noorza i, the AIHRC' s regional
director.

The work i t se lf i s frus trat ing f or Reza Ibrah imi, 25 , on J o f Mr. Ansari ' s assi stants . He
hears stor i es o f t ortu re every week during h i s visit s t o the Sa r po za prison, he said . He
writ e s t hem down, bu t t he al legation s are usua lly months o l d by the t i me the prisoners
are t rans fer r e d t o Sa rpoza .
~ It 's d iff i cult t o get t he NOS to confirm t ha t they are t ort urers , so ye s, most of ou r
informat ion comes f rom p ris on ers," Mr. Ibrahimi s a i d .

~ From a physical e xaminat i on we c a n conf i rm that prisoners have s c a r s o f t orture on their

bodies, b ut unfor tuna t e l y t he NOS usual ly keeps people unti l they are healed . Blunt
tra uma a nd int e r nal in j ur ies are hard t o document." i
Even i f the i ntel ligence pol i ce throw open the doors t o t1hei r facility , Mr . Noorzai said,
the AIHRC has l itt le power.

_ ha t i f we saw the t ort ure equipment ?" Mr. Noorzai said. ~What if we saw the f reshly
r tured pe op le ? Our a uthority i s t o wri te a letter . The y c ou ld re ject our f indings and
e could be ba ck at zero . u

l
He tol d me, ' Don't bleed on the c a r pe t '
GRAEME SMI TH

From Tue sday ' s Globe and Mai l

Apr il 24 , 200 7 at 2 : 12 AM EST

KANDAHAR, AFGHANI STAN -- Crouche d agains t a c r umbl i ng s to e wal l , Abdul Wali i s a sma ll
man wit h c url y dark ha ir, s weat y and matted unde r a cap t ha t s it s askew on t he back o f
hi s head . I
He plays n e r vousl y wit h a b roke n wr i stwat ch, kneadi ng th, me t a l bracelet through hi s
fi ngers li ke a st ri ng o f prayer beads . He doe sn 't want to tel l h is st ory, he said . What
good would i t do? Hi s s ituat ion is pretty muc h the s ame ~ s _ e ve r yb ody e lse ' s here in the
na tiona l - s e curity wi ng o f Sarpo za pri s on . He s t a nd s a c c used o f involvement with t he
Ta l iban i nsurgency, and denie s it. No judgment has been pa ssed, so he 's not s ure how long
he will l anguish in these dark c e l l s . ,I
Yes, he an swers in a quiet voice , he wa s t ortured . He op, ns hi s shirt and shows scar s on
hi s c hest. He refuse s to s ho w hi s naked back, where a h~n -rights inves tiga t or said he
saw wor se sca r ring on the young man ' s flesh.
"I ' m hope l e s s," he sa i d . "I 've t old my s tor y ma ny times t:o t he interrogators, bu t they
' t l iste n . "
ate d Ar ti c les
•
Hi s o r deal s tar ted when he me t Ca nad i a n t roops in a g r ape fie ld l a s t summer in Na l gham, a
3

Nov, 14. 2007 EV.DFAI T.OOO1 ,0040 301 7

 c l ust e r o f vi l lage s about 35 kilomet res s outhwest of Kandahar c i t y, on t he n o rt h ban k o f
t he Arghandab River . At t he t ime , he didn ' t know t he nat i on a lity of the soldie r s; l ike
most peop l e in s out hern Afghanistan, he r eferred t o t hem on l y as ha roj i , or f o r e i gne r s .
t he r emembers cle a rly t ha t the troops had dark-green, eight -whe eled vehicle s o f t he
• nct used b y t he Canadians , and he has heard enough stor i es i n prison t o unde r s t and that
he owe s his c ap tivit y t o Ca nad a .

He ha s no qua r rel wi t h t he f or eign s o ldiers , he s a i d , al though i t ' s ea sy t o unde r stand

why the Ca na d i a ns thought he was a Ta liban fight er .
At age 23 , he fa l l s into the c ateg ory t hat t he s oldie rs usually r efer to as ~ fighti ng-age
males." He bel ong s t o Ol'narkha i l t ribe , a tiny branch o f t he Pa s htun e t hnic g roup , one o f
many smal l e r tri bes t hat o ft e n fee l d i senfra nchi sed under the new g over nme nt. Hi s
homet own i s loc ated in Helmand prov ince , a l ong way f r om the grape field where he
enc ounte r e d the Ca n ad i a ns . Tha t part o f the count r ys i de was an unlikel y place to be
lingeri ng , t o o , be c a us e gu n ba t tles ha d ripped t hrough tho se fie lds earlier i n the da y.
None o f t hat prove s he was a n i nsur gent , Mr. Wa li said. He was ob l i ged t o s t a y i n Nalgham
de spite the re cent f i ghting because he wa s guarding a f arm t hat bel onged to hi s brother-
i n-la w. Mr. Wali s a id he ha d been living i n the di strict for three years, afte r h i s
fami ly s t a r t ed a meagre b usine s s i n a nearby migrant c amp .
Hi s fathe r was a l ivestock trader in He l ma nd provi nce , hJ s a i d , but the t rade wasn 't
enough to suppo r t a ll e i g ht sons . Mr. Wa l i move d with three o f his brothers t o · set up a
t ai l o r i ng s h op in a r amshac kle camp we s t o f Kanda ha r c i t y, where t housands o f people have
sough t s h e l t e r fr om war and d r ough t . Al l t he b r othe rs lived wi t h the i r wives and ch i l d r e n
i n a mud h ous e , 14 pe opl e c rowding i n to t h ree r ooms . They coul d afford t o eat meat a bo ut
onc e a week.
He wa s r el a xing i n t he s had e when t he Can a dia n t r oops sur r ounded h i m, he s a i d . They t oo k
o f f his gr e en pins t r i pe vest a nd t ore ope n t he l ining, fi nd i ng no t hing except hi s wa l let,
de c orate d with J a panese c a rtoon ch a.r a cters and t h e words, ~ Ki ki & Coco . " The wal let was
l ate r emptied o f c ash , a lthough Mr. Wal i s aid he 's s ure t he f oreign troops didn' t ste a l
yt h i ng ; he b l ame s t he loc al police.

tl e Cana dia ns tied h i s hands wi t h p l a s t i c cu f f s a nd kep t him i n t he back of t hei r

rmoure d vehi cle f or two o r thre e hour s , he s aid. The f oreign ers d i dn 't harm him, on ly
as ke d que st i ons t hr ough a t r a ns l a tor and s cribbled i n a notepa d.
Af t e r wards, t he Canadians blind f old ed h i m and gave h im t J Afghan f orc e s. The beat ing s
st a r t ed a lmost i mmediat el y, he s a i d , and on l y paus ed whenever it seemed t h a t Canadia ns
we r e nea rby . 1
" The f oreign sol dier s didn ' t l i ke t o see beating ," he said .
The Afghans took him t o a nearby town and uncovered his J ye s . He f ound hi msel f i n the
Pa njwai d i stri ct headqu a r ters , a high-walled compound whe r e Ca nad i a n offi cers often mee t
loc a l l e ad e r s f or cups o f green tea .
I
Mr . Wali was shown les s hospi ta l ity. Afghan o f f i c e r s t ook him t o a r oom wi t h bare cement
wal l s a nd cudge l led him wi th rifle bu t ts , he s aid . The y als o jabbed him in the c he st wit h
t he muz zl e s o f thei r Kal ashni kovs , he sa id , whi ch l e f t h i m wi th t he ra sh o f dark s car s on
hi s c hest.
At one po i nt , he s aid , about ni ne poli ce o f f ice r s for ce d h i s fa c e i n to the f l oor . One
o f f i c e r s at on the back o f h i s he ad , whi l e the o t he r s pummelled hi m. A man in civil ian
clothe s qu estioned him be t ween beatings, he s aid .
Th& l ocal pol i c e kept him in that c e l l f or t hree da ys , he s aid , wi t h onl y two meals o f
t e a a nd b read. Ne xt he was trans f e r red t o Kandaha r c i ty, and t h r own i nto the gre y block
of holding ce lls beside po lice he ad qua rte rs .
und midday, a fa t o f f ice r and a thinner one t ook h im up the ceme nt s t ai r s o f the
_ d qua r eers b ui lding . The y b r ought hi m t o a r oom ove r l oo ki ng t he bus y s t r e e t , s hut t he
d ows , and c lose d t he ye l low cur t a i ns .

Nov. 14. 2007 EV.OFAlT.OOO1.0040 4 01 7

 He had a qui et moment to contemplate wha t wa s about to happe n, he s aid , a s t he officers
searched fo r a suitable whip . It s e emed they wanted to f ind a length of cha i n , but
~t t l e d on a bundle of e lectrical cabl es .

~e y forced him onto his stomach , he sa i d. and t hra s hed him on his ba c k and l egs .
It was hard to guess how l ong the be ating lasted , he s aid . He didn 't b l e ed, bu t later he
found himse lf covered with black b ruises. They beat him on three consecuti ve days , he
said, and then started asking f or money.
Tales of extortion and bribe ry are very common among people who have passed t hrough
Kandahar jails ; in Mr. Wal i' s c ase , he said the fi rst person to ask fo r a bribe was t he
poli ce inte rrogator , a t al l man wi th r e d he nna i n his nea t ly t rimmed be a r d . He d i dn' t
quote a price , but suggested that a gift would mean fr eedom.
I
"1 said, 'What i f I don 't give you money ? '" Hr . Wali s a id .
" He s aid , 'The pen i s i n my hand . I c a n s e nd you t o the ~OS, righ t now. '"
The Nationa l Dire c t orate o f Secur i t y, t he dome s ti c intel ligence agency, ha s a fea r s ome
r eput a t i on. Mr. Wali kne w his family didn ' t have enough money fo r a bribe , howe ve r, so he
r efus e d t he interrogat or ' s offe r . He was sent to t he NOS the same a f t e r noon , he s aid ,
escorted in a t axi by t wo po l ice of f icers and a prosecutor.
His got a l i t t le r el ie f when NOS o f fic e rs took him t o a bathroom -and a l lowe d him to wa s h ,
he said , a nd t he y gave him a few minutes fo r pra yers. Then they s e nt him to
interrogat ion , the fi rst in a s eries he wo ul d en du r e ov e r t he next month .
He wa s introduced to t he questioner t hat prisoners have nicknamed Shin , mea ning "green ,H
be cau se o f t he sickly colou r o f his skin. Other prisone r s called him Bobo , loca l s l ang
for a B-52 bomber .
nHis beating was like a bombing,H Mr . Wali said . ~He kicked me in t he head , and I f ell
0 a table . Bl ood came out my nose. He told me, ' Don ' t bleed on the carpet . Go wash
r fa ce . ' The bleeding didn 't stop , however, so his i nterrogation wa s s uspe nded until
H

• e next day. The NOS wanted him to give his signature a nd thumbprint to a written
c onfession, a c knowl e dgi ng himsel f as a Taliban insurgent . Some inte r rogator s al s o wanted
money .
"I said, ' I have no money i n my poc kets , ' " he said. " ' I ha ve t o cal l my family t o br ing
money . Give me a phone.'" The int e rrogator r efuse d, an d i ns t e a d demanded his relatives'
phone number s . Realizing it was usel e s s, Mr. Wa l i admi t ted t hat hi s fami l y was too poor
to afford telephone s . I
The beatings co ntinue d . From his torment ors, he learned that the wr i tt en accus a t i ons
a ga i nst him claimed t ha t t he Canadians who origina l ly de tained hi m had dis c ove r e d tw o
bullets in his pockets. I
These two bull ets , he said , were conside r ed physica l ev i dence of hi s i nvol veme nt with t he
Taliban . I
"Please, ask t he Canadians , did I hav e t wo bu Ll.et s ?" he daid , f l i c king a repo r ter's

I
notebook with an a ngry gesture . Then he sighs, defl ated , a nd slumps back a gainst the
prison wall .
The abuse stopped when t he NDS s ent him to Sarpoza prison, he said. He has been wai t i ng
eight months f or a formal sentence.
~I saw many people who were beaten f or five months , six mon t hs, " he said . ~ T he y want to
put pressure on people a nd make them say l ie s . I f the beat ing is one or t wo days , okay.
But s ix months?H

. I £L LEBLANC

Fr om Tuesday 'S Gl obe a nd Mai l

Nov. 14. 2007 E'I .DFA1T.OOO1.0040 5017

 .'
Apri l 24 , 2007 at 2 :1 4 AM EST

TAHA -- Prime Mini st er Step hen Harper i gnored growing allegations of t orture in Afghan
iso ns and s aid Monday that Ca na d i an soldiers will keep transferri ng deta inees t o local
• u t ho r i t i e s in the war-torn countr y .
He r e jec ted argument s from the oppo si t ion an d human-righis experts who argue that Canada
is b r e aking int e rnationa l l aw by expos ing p r isone rs to torture a nd that Minister o f
Defen ce Go r do n O'Co nnor must r e s i gn a s a res ult .
Ins tead , the Pri me Min i st er s a i d that Ca na da ' s cur r en t agreement wi th Afg han authoriti e s
cont ains the necess a r y s a fe gua r ds after being beefed up by his government .
"We t ake s uc h a llega t i on s s e rious l y . That i s why we have conc luded an agreement with t he
Afghan gov e r nme nt , " Mr. Harper said . " I t is why we will be in discussions wi t h them to
p urs ue t hi s matter a nd t o e ns ur e that they have the capaeity to undertake their terms o f
the agreement." I
i
The agreement , in fa ct , is with the Afghanistan Independent Human Rights Commission , an
i nde pe nde nt o r ga ni zat ion funded in part by the Afghan government. The chief investigat or
f or t he AIHRC, however, recently t old The Gl obe and Mail that hi s s t a f f are prevented
fr om vi si t ing pr i s on e r s he ld by Afghanistan ' S Nationa l Di r ector a t e f or Secur i t y, the
i ntellige nc e agency where detainees handed ov e r by Ca na d i a ns tol d o f bei ng whipped,
sta r ved , froze n, c ho ke d and subj ect e d t o ele ctri c s hoc ks
Al l t h ree oppo si t i on parties re jected t he Prime Minis t er ] s assurance s and said the
tran s f er o f p r isone rs mus t ceas e immediat e ly t o ens ur e that Canada abide s b y the Geneva
Conventions .
"We wi l l need t o keep t he m unde r ou r c on t rol i n Afghani stan,W Li bera l Le a der St~phane
Oion said o f the de taine es. "Th e Prime Mini s ter cannot tell Canad i ans t hat he wil l

•
r c ums t a nces . " I
n t i nue to ha nd ove r human beings t o t he Afghan government in the cur r ent

The Libe ral s joined t he o t he r parties i n c a ll i ng f or Mr. O'Con no r t o step down. Deputy
Libe r a l leader Mic hael Igna t ie f f said the Defe nce Minister i s " inc ompe tent" and should be
r epla c ed by s omeon e " who ca n ensure the Gene va Convent i ort will be r e spec ted" by bo t h
Canad a an d its a ll i e s .
Bloc Ou~becoi s Leader Gilles Ouceppe s a i d Mr. O'Co nno r hJd been " just lying t o us since
t he very beginning .., not onl y on detainees, on the wholelsituation in Afghanistan," and
j oi ne d the c ho r us c a l li ng for his res ignation .
At a ne ws conf e r e nc e , tw o human-rights experts said Cana ian authorit ies are compli cit i n
tor tu r e i f they ignore the most recent report s of mistreatment of pris oners in
Af ghan i stan. Unive r sit y o f Bri ti sh Col umbia law professo ~ Mi chael Byers said Canadian
troop s fa ce prosecut i on f or war crimes if t he y cont i nue to del i ver pri s oners to Afghan
a uthor i t ie s.
"I want t his government t o d o the right thing wi th respect t o de tainees in large part
be c ause I wa nt our gove rnmen t t o protect ou r s oldiers fr om t he pos s ibi lity of prose cut i on
f or war c r i me s , " Prof . Byers s a id . "A g ove rnme nt tha t allows, i ndeed o r de r s , detaine e s t o
be trans f erred i n s ituations where they are a t ris k o f tortur e , is l e t ting our s oldiers
down."
uni ve r s i t y o f otta wa l a w p ro f e s sor Amir Attaran s a i d the s olut i on i s for the Ca na di a n
Fo r ce s o r t he North Atlant i c Treaty Or ga ni za t ion t o bui l d a detent i on facility i n
Afgha ni s tan .
"The Cana d i a n Forces c a nno t be turned int o a c ol l ect ion agency for t orturers," he said .
e NOP and the Bl o c Oueb~cois agreed that the c ur r e n t system doesn 't work and that
• i sone rs need t o rema in i n Cana d i a n hands . NOP Leader Jack Layton sa id the evidence o f
t orture i s " absolu t el y terrible a nd Cana dia ns are very wdrried . "
6

Nov. 14, 2007 EV.DFA1T.OOO1.0040 601 7

,. I
"Will the government now do what "ne e d s to be done , which liS
to i mme dia te l y stop the
OSf e r o f prisoners, launch a pUblic inquiry and f ire the Minister of De f e n c e ? H Mr.
ton s a i d .
e x Neve, secretary-general o f Amnesty Internat ional Canada, said the a llega tions of
• ortur e are not s urprising.
"It ' s clear t hat Afghan assurances that there wi ll be no ltorture are unreliable," he
said.

He urged t h e government ~o s top all f uture detainee tran~fers

and drop i t s opposition to
an a t t emp t by Amnesty International and the British Columbia Civil Liberties As s o c i a t i on
t o ob t a i n a l e ga l review o f the c onst itut i onality of s uch handovers.
with a report from Paul Koring in Washington I

• 7

Nov. 14, 2007 EV .DFAI T.OOO1 .0040 7 017

 SWORDS Colleen ·IFM .C4
From: PROUDFOOT Douglas Scott -FTAG -C4
• Sent: Apnl 10. 2007 3:39 PM
To: SWORDS Cotteen -IFM -C4; BUCK Kerry - PIO -C4
Cc: EXTOn -DMA -c-: GIBBINS Christopher -FTAG-C4
Subject: FW: KANDH0020 - AIHRC access to prison facilitiesin Kandahar province

fyi

-Qrig jnal ~
From : KANOH..(;4R
s.nt: April 10, 2007 2:18 PM
To : ANDERSON Cory ·FTAG-e4
Cc: KANDH ·KAF .c4R; PROUDFOOT Douglas Soott -FlAG -e4: Be CK Stefanie -lOR -<;4: POUPART Isabelle ·IOR -C4; lAPORTE
Eric -lOR -ce FAIRCHILD David ·FlAG ·IRP -<;4: ARBEITER Richard -FlAG -e4: KABUL -HOM -e4R; KABUL -GR -C4R ;
GILMOUR Wendy ·FSDN -IRP .c4; NOLKESabine -JLH -ce GOLBERG Elissa ·IRH-GHA -<:4; EXTOTT -FTAG -C4: CCATS
Su~: KANOHOO20 - AIHRC access to prison facilities in Kandanar province

SECRET

1. Engineer Noorzaiof the Afghan Independent Human Rights Commission has just recently returned to Kandaharafter a
long ab sen ce , and we met with him thi s morning. When we raised the issue of access to National Dire ctorate of Security
(NOS) facilities he ad vised as follo ws :
- in principle the AIHRC has standing authorizatio n to visit NOS faciliti es , both under Article 58 of the Constitution
and under a letter issued by NOS HQ Kabul to AIHRC's national office

KANDHlBuchan
-QrlglnaJ Meaaag__
From : ANDERSON Cory -FTAG -e4
Sent: March 15, 200712:02 AM
To: KANDH-e4R
Cc: KANDH -KAF -C4R: PROUDFOOT Douglas SCott -flAG -C4; BECK Stefanie -lOR -e4 ; POUPART lsebeh -lOR -ceLAPORTE
Eric ·l o R -ce
FAIRCHILD David -flAG -IRP -C4; ARBEITER Richard -flAG -e4 ; KABUL -HOM -e4R; KABUL .oR-C4R:
GILMOUR Wendy -FSDN ·IRP -ce NOLKE sabine -JLH -e4; GOLBERG Elissa -IRH-GHA -e4; EXTOTT -FlAG-e4;
CCATS
Subject: FTAG0060: AIHRC access to prison facilities in Kandahar province

SECRET

Ga vin,

• 1

Nov. 14 , 2007 EV.DFAIT.OOO U l04 1 1 012

 and advice whether we can be ofassistance onthis end .
Thanks.

• FTAGJAnderson.

• 2

Nov. 14, 2007 EVOFAITOOO1.004 1 2012

 LAPORTE Eric -lOR -<:4
From: KANDH-G4R
Sent: April 10. 2007 2:18 PM
• . To: ANDERSONCory -FTAG -G4
Cc: KANDH -KAF -G4R; PROUDFOOT Douglas Scott -FTAG -G4; BECK Stefanle -IDR-G4;
POUPART Isabelle-lOR -G4; LAPORTE Eric -lOR -G4; FAIRCHILDDavid -FTAG -IRP -G4;
ARBEITER Richard -FTAG -G4; KABUL-HOM -G4R; KABUL-GR -G4R; GILMOURWendy -
FSDN -IRP..(;4; NOlKE Sabine -JLH -ce GOLBERG Elissa -IRH-GHA -(;4; EXTOTT -
FTAG -G4; CCATS
Subject: KANDHOO20 - AIHRC access to prison facilities in Kandahar province

SECRET

As a result, it has been "8

KANDH/Buchan

~inal Message
From: ANDERSON CoIy-FTAG -C4
sent : March 15, 2007 12:02 AM
To : KANDH -c4R
Cc: KANDH -KAF -C4R; PROUDFOOT OougIaaScott -FTAG-C4: BECKStefanle-lOR-c4: POUPART IsabeIle-lDR-04:
lAPORTE Eric-lOR -C4: FAIRCHILD David ·FTAG · IRP -C4: ARBEITER RIchard -FTAG -01 : KABUL -HOM -e4R: KABUL-
GR -e4R; GIlMOUR Wendy · FSON -IRP -ce -ce
NOl..KE Sablne..JLH -e4: GOLBERG ENssa -lRH-GHA EXTQTT -FTAG-
C4: CCATS
8u~: FTAG0060: AIHRC access to prison facilities In Kandahar proYlnce

SECRET

Gavin.

We 'WOUld be grateful if you could investigate this matter further with Dr. Noorzal,
o assistance on this end.

• FTAG/Anderson.

Nov. 14, 2007 EV.DFAIT.OOO1.oo 42 1 of 1

 e:: LAPORTE Eric -lOR -C4

To:
Subject:
ANDERSON Cory -FTAG -C4
March 23, 2007 9 :46 AM
LAPORTE Eric -IDR-C4
FW: INFORMATION PROVIDED TO AIHRC ON DETAINEES

Attachments: leRe DetaineeNotifICation·27 February2007; leRe DetaineeNotification - 5 March 2007;

ICRC DetaineeNotifICation - 27 February2007(2)

~"" ---
From:
s.nt:
To:
KANDH -KAF -e4R
March H5, 2007 12:14 PM
PROUDFOOT Douglas Scott -FlAG.(;4
ce , KANDH -c4R : KABUl-GR -e4R; MULRONEY Dav\d·DMA -e4: SWORDS Colleen-IFM -04 : BECK Stefanle -loR-C4;
PCUPART Isabelle-lOR -c4: LAPORTE Eric -lOR -c4 : ADLERJeremy -IFM -ce GOLBERG Elissa·IRH-GHA -C4; NOLKE
Sabine .JLH -ce ARBEITER Richard -FTAG -c4; AHMAD Nadia ·FlAG -ce ANDER SON Cory .flAG -C4; EXTOTT -FTAG-e4:
EXTOTT -RGM -ce SINCLAIR JIII-PCOIBCP.c4R ; ALEXANDER Vera -aGO ·PCO/8CP ..c4R: KABUL-HOM-C4R
Subfect: RE: INFORMATION PROVIDEDTO A1HRC ON DETAINEES

SECRET

SCott,

On Saturday March 10, the ProvostMarshall handed over to the A1HRC a packagecontaining information on
_ _ _ _ which have been transferred by the Canadian Forces (CF) to Afghan authorities in the last three
~e first and, so far, only time we provided the AIHRC with this kind of information. The identity of each
one of the~be found in the emails attached. They ~ the CF on three different

~
sions : e ruary February _ _and March _ _ This information was handed
t in person, by the rovost arshall, to two re~ the AIHR!JIMiII was resent as welt). The genUemen
resenting the Commission were Mr. and Mr. They had come to KAF to visit
ur detention facilities. On this last poin you maya so In erested to know a e VIS went very well (I will send a full
report in the coming days) and both representatives were very satisfied by the state of our facilities and the procedure we
follow when handling detainees.

On a more general note, there is a subue point which needs to be kept in mind: as per our arrangement. we give
the AIHRC information on all detainees which we transfer to Afghan authorities. However, we give the ICRC information
on all individuals we detain. In other words, if we arrest someone, keep him in our custody for a few hours, but then
realise that he/she is not a threat. we will release that individual. Since we detained that person, even for just a brief
period of time, we will notify the leRC. However, we would not inform the AIHRC because this person was not/not
transferred to Afghan authorities. Therefore, the numbers of the AIHRC will not/not be the same.
It is important to note that this is normal and not the result ~n the part of any party.

I hope this helps. Do not hesitate to contact me jf you have other questions.

Regards,
Martin

----origInal tJless9ga
1

Nov, 14. 200 7 EV,OFAIT,0001.0043 1 012

 From: PROUDFOOT Douglas sees -FTAG-C4
Stint : March 15, 2007 11:17 AM

.~::
KANOH -KAF -e4R
KANDH -C4R: KABUL-GR -e4R.: MULRONEY DavIcI -Ow. -C4: SWORDS Colleen -lFM -C4; BECKStefan.. ·IDR-C4:
-ce
POUPART Isabelle-lOR -C4: LAPORTE Eric -lOR ADl£R Jeremy ·IFM -C4: GOLBERG Elissa-IRH-GHA -C4; NOLKE
Sabine .JLH -C4; ARBEITER Richard -FTAG -C4: AHMAD NadIa ·FTAG -e4; ANDERSON Cory -FTAG -C4; EXTOTT-FTAG
-ce EXTOTT·RGM .c4: SINClAIR JUI -PCOIBCP -e4R; AlEXANDER Vera -000 ·PCO/BCP -e4R.
Subject : INFORMATION PROVIDEDTO AIHRCON DETAINEES

SECRET CEO

Martin,

Further to our conversation today, I would be grateful If you could send details on the provision of information to
AIHRC on transferred detainees, whiCJ!!taken place. What day was the info rSSed by the provost martial, to
whom exactly from the AIHRC, which how was it conveyed, did the include the.provided to
leRC 9 March, did it include some ea ier or more recent transfers , was this the first time, etc? 'As you can Imagine,
this issue is of intense interest and scrutiny, and every detail you can provide will be welcome.

-Scott

• ,
Nov. 14, 2007 EV.DFAIT.OOO1.0043 2012
 •
LAPORTE Eric ·IOR .C4
m. KANDH -KAF -<:4R
_ nt: March 15,20071 :14 PM
0: PROUDFOOT DouglasScott ·FTAG-<:4
Ce: KANDH -<:4R; KABUL -GR -<:4R; MULRONEY David -DMA -<:4; SWORDS Colleen -IFM -
C4; BECK Stefanie -lOR -c-: POUPART Isabelle -lOR -<:4; lAPORTE Eric -lOR -<:4; ADLER
Jeremy -IFM -<:4; GOLBERG Elissa -IRH-GHA-<:4; NOLKESabine -JLH -<:4; ARBEITER
Richard -FTAG -<:4; AHMAD Nadia ~FTAG -C4; ANDERSON COry -FTAG -(;4; EXTOTT -
FTAG -<:4; EXTOTT-RGM -<:4; SINCLAIR Jill-PCOIBCP -<:4R; ALEXANDER Vera -eGD-
PCOIBCP -<:4R; KABUL -HOM -<:4R
Subjocl: RE: INFORMATION PROVIDED TO AIHRC ON DETAINEES

Attachments: leRe Detainee Notification - 27 February2007; ,eRe DetaineeNottflcatlon • 5 March 2007;

ICRC Detainea NotifICation - 27 Febru8l)' 2007(2)

SECRET

Scott.

On SaturdayMarch 10, the Provost Marshall handed over to the AIHRCa package containing information on
_ _ _ _ which have been transferred by the Canadian Forces (CF) to Afghan authoritiesin the last three
~~was the first and so far, onlytime we provided the AlHRC with this kind of information. The identity of each
one of these can be found in the emails attached. They were detained by the CF on three different
occasions: Februa February and M a w Th~ information was handed
over in person, by the rovost Marshall to two re resentatives of the AIH nt as well). The gentlemen
representing the Commission were Mr.
our detention facilities. On this last poi~ed nd Mr.
to k
They had come to KAF to visit
went very well (I will send a full
report in the coming days) and both representatives were very satisfied by the state of our facilities and the procedurewe

~
Iow when handling detainees.

On a more general note, there is a subtle point which needs to be kept in mind: as per our arrangement, we give
e AIHRC information on all detaineeswhk:h we transfer to Afghan authorities. However, we give the ICRC information
on all individuals we detain. tn other words, if we arrest someone, keep him in our custodyfor a few hours, but then
realise that hefshe is not a threat, we win releasethat individual. Since we detained that person, even for just a brief
period of time, we will notify the ICRC. However, we would not inform the AIHRC becausethis person was not/not
transferredto Afghan authorities. Therefore, the numbersof! nd those of the AIHRC will notfnot be the same.
It is important to note that this is normal and not the result of s oppy registration on the part of any party.

I hope this helps. Do not hesitate to contact me if you have other questions.

Regards,
Martin

ICRC Detainee ICRC Detainee ICRC Detainee

Not:If\aItion - 2... NotII'Icatlon . 5... NotlfIcatIon- 2...

--Original ~
From: PROUDFOOT Douglas 800tt -flAG-e4
hnt: March 15 , 2007 11:17 AM
To: KANDH -KAF-e4R
• Cc: KANDH -C4R; KABUL -GR -C4R; MULRONEY David .QMA-C4; SWORDS Colleen -IFM -C4; SECKStefanle -lOR-e4:
POUPART Isabelle -lOR -ce LAPORTE Eric -lOR -ce
ADLER Jeremy -lFM -e4; GOLBERG Elissa -1RH-GHA -e4; NOLKE
1

Nov . 14, 200 7 EV.DFATT.OOO1.0044 1 012

 sabine -JLH..c4: ARBEITER Richard ·FTAG..c4; AHMAD Nadia .fTAG -ce ANDERSON Cory .fTAG..c4: EXTOTT -FTAG
..(;4; EXTOTT -RGM -ce SINCLAIR JIII.f>COIBCP.c4R: AlEXANDER Vera ~GO -PCOIBCP.c4R
Subfect: INFORMATION PROVIDED TO AIHRC ON DETAINEES

• SECRET CEO
Martin,

Further to our conversation today, I would be gateful if you could send details on the provision of Information to
AIHRC on transferred detainees, which has now taken place. What day was the.nfa s sed by the provost martial, to

ea~nt
whom exactly from the AIHRC, which was it conveyed, did the include the.provlded to
ICRC 9 March, did it include some transfers, was this the Irs nne, etc? As you can Imagine,
this issue Is of intense interest and scrutiny, and every detail you can provide will be welcome .

-Scctt

• 2

Nov . 14 , 2007 EV.DFAIT.OOO 1.004 4 2 012

 -.,
LAPORTE Eric ·IOR .C4
From: KANDH-<:4R
Sent: February 23, 2007 10:24 AM
• To: NDHQ +CEFCOMJ9 -<:4R; LAPORTE Eric -lOR -<:4
Cc: KANDH -KAF -<:4R; KABUL-GR -<:4R; POUPART Isabelle -lOR -<:4; GOLBERG Elissa -
IRH-GHA -<:4; PROUDFOOT Douglas Scott -FTAG -<:4; AHMAD Nadia -FTAG -<:4; NOLKE
Sabine ..JLH -C4; ARPIN Dominic -JlHA -C4: ARBEITER Richard -FTAG -C4; GILMOUR
Wendy-FSDN -IRP -<:4; FAIRCHILD David -FTAG -IRP -<:4; NDHQ OTT 0 NATO POL-<:4
Subject: Letter to AIHRC on detainee transfer notiftcatlon

PROTECTED

PI.... pauto:
CEFCOM J9fCarterlOuschner
NDHQ ONATO POL BosiChupick

1. The letter to the Afghan Independent Human Rights Commission on detainee transfer notificationwas formally handed
over this morning by eGen Grant The presentation was closed to media but senior ANA, ANP and NOS reps attended.
Our goal in inviting security sector reps was to make them aware of the arrangement, and ensure that they understand
Canada expects them to give the AIHRC access to detainees. The event went off very successfully, with the security reps
committing to cooperate fully with the AIHRC (the ANA even asked the AIHRC to provide additional human rights training
for their troops), which will help to reinforce the position of the AIHRC in Kandaharand the south.

2. The AIHRC is delighted with the agreement, and has indicated it would like to take this precedent and try to convince
the UK, the US and the Netherlands to follow suit. To the best of their knowledge, Canada is the first country to make such
an undertaking.

3. A full report is being drafted by the lEGAD.

• NDHlBuchan

--original Message--
From: KANDH ·KAF -e4R
sent: FebnJafy 23, 2007 7:05 PM
To: NOHQ+CEFCOM J9 ~
Cc: KANDH -c4R
Subject: RE: Letter from ICRe to BGen Grant· ... Kandahar Thealrl!l Holding Facility

Mike,

Sorry for the slow reply, but I was at the PRT yesterday. Coincidentally, however, it was at the PRT, where they were
discussing this very issue. As I understand it the letter handing over "event" is imminent, but I will allow my colleague
at the PRT Gavin to fill you in with the most current details.

Cheers,
Kevin

----QrI glnal Message--

From: NDHQ +CEFCOM J9-c4R
sent: February 21, 2007 8:08 AM
To: KANOH -KAF-c4R
Subject: RE: Letter from ICRC to BGen Grant · re Kanda har Theatre HoldIng Facility

Hi Kevin;

What's the latest on the AIHRC info-exchange issue? Has the letter been signed or are we waiting for the public

•
affairs posture to be sorted out? From a political POV(at least in Ottawa) , the reasons to go reactive seem to be
trumping the reasons to have a media event. Either way, there Is nothing to keep us from finalizing the
arrangement and making an announcement later if desired. In the meantime, we should get the letters eXhanged
and start the arrangement working.
1

Nov. 14 , 2007 EV.OFAIT.OOO1.0045 1 01 2

 ,
••
Your thoughts?

Mike Carter

•
Policy Analyst
CEFCOM J9 Policy 4
943-6758

• 2

Nov. 14, 2007 EV.DFAIT.OOO1.0045 2 012

 Mueller Bianca .JLH
From: Laflamme, Martin ·KANOH -GR
Sent: March 9, 2007 4:52 AM
To: Proudfoot. Douglas Scott -FTAG ; Gilmour, We y -IRP
Co: Rex, Kevin -KANDH ·DA; 'grant.tj@forces.gc.ca 'cessford.mp@forces.gc.ca'; Laporte, Eric -
lOR; Golberg, Elissa -IRH -GHA; Nc>ke, Sabine LHA; Nguyen, Mi -IRH -GHA; Bloodworth,
Catherine-KABUL -GR; 'Colin Crist'; KABUL (G ); Buchan, Gavin -KANDH --GR; KANDH
(PRT); 'trudel.jg@forces.gc.ca'; EXTOTT (FTA ); EXTOTT (IRP); Arboner, Richard -FTAG;
Ahmad, Nadia -FTAG; Poupart, Isabelle-lOR; C ristoff, James -FTAG
Subject: ICRC and detainees

••
Colleagues,

I am sure you saw today' B Globe and Mail piece by aul Koring claiming that the
lCRC contradicted the government on detainees . The art! Ie mentioned that the ICRC
-doesn 't visit detainees in Canad i an detention - and that i t had «never done BO . ·
Link:
http: / /www.theglobeandmail . com/servlet /story/RTGAM.20070 08 .wdetainees07 /BNStory/National
t horne

You probably already tried to get in t ouch with an

;b~u~t~t~o~g~e.t~c.h.e~f.a.c.t.BiiB~t.r.
~
a~i.g.h~tiif~r.omii.the s ource, I c ont a c t
Of course , both stat ents are false.
t e CRC
They are the
Washin t on s kesman o f the CRC . In fact . . . . . . . . . . . . . . . .
he ICRC has a l ~
I be sent t o the government.
Full r esponse is below . Do not hesitate t o con t ac me if you need more
information .
Regards,
Martin

Martin

Nov. 14, 2007 EV.DFAIT.OOO1.0047 1 012

 2

Nov, 14. 200 7 EV.DFAIT.OOO1 ,0047 2 012

 Mueller Blanca .JLH
From: Laporte. Eric -lOR
Sent: November 19, 2006 11:20 AM
To: Buchan. Gavin -KANDH -GR; 'Bos.M@forces.
Cc: Fairchild, David -IRP -FTAG; Arbeiter, Richard AG; Proudfoot, Douglas SCOtt -flAG;
Anderson, Cory -FTAG; Bloodworth, Catherine BUL -GR; Sproule, David -KABUL -
HOM/COM; Gilmour, Wendy -IRP; Ahmad, Nad -flAG; Heinbecker, Yasemin -JLH;_
- . . - : Elms, Geordie -KABUL - R; 'fudge.ed@forces.gc.ca';
~@acdi-eida .gc .ca'; Golberg Elissa -IRH -GHA; Dobner, Gallit-FTAG;
Allen, Marl< -LON -GR; 'ADRIAN_WALRAVEN aco-oca.nc.ca':
'MICHEL_HUNEAULT@acdi-cida.gc.ca'; NoIke, Sabine -JLHA; Bryan, Jeremy -GHH; Colvin,
Richard -KABUL .oR; Beck, Stefanie -lOR; Pou art, Isabelle -lOR; Proudfoot, Douglas Scott -
flAG; Anderson, Cory -FlAG; Golberg, Elissa IRH -GHA; Nguyen, Mi -IRH .oHA; NoIke,
Sabine -JLHA; Ahmad, Nadia -flAG; Burgess, nne -BNATO -GR; Labbe, Serge -BNATO-
DR; EI-5awy, Deena -IRe; EXTOTT (lOR) ; EXT TT (100) ; EXTOTT (IRP) ; EXTOTT (IRH-
GHA); EXTOTT (JLH); EXTon (FlAG); 'flavin. cp3@forces.gc.ca'; 'tremblay.t2
@forces.gc.ca'
Subject: RE: Draft agreement with the AIHRC on detai transfer notifICation

Attachments: AIHRC agreement 1.3 Nov 06.doc

AIHRC agreement
1,3 NaY 06.doc. ..
Gavin,
Thanks for forwarding. Suspect that this sufficiently c vers the requirements outlined
in our C4 meg IDR-l055 (16NOV06 ) .
Mieke,

Grateful if you could ensure that CEFCOM LEGAD has a cop of the proposed "arrangement ll •

Cheers,
e

-- - - - Or i g i na l Message-----
From: Buchan, Gavin -KANDH -DA
Sent: November 19, 2006 6:57 AM
To: Laporte, Eric -IDR
Cc: Fairchild , David -IRP -FTAG; Arbeiter , Richard -FTAG Proudfoot, Douglas -FTAG;
Anderson. Cory -ILK; Bloodworth , Catherine -KABUL -GR; S r oule , David -KABUL -HOM/COM ;
Gilmour, wendy -IRP; Ahmad, Nadia - FTAG; Heinbecker , Yas n -FTAG;_
; Elms, Geordie -KABUL -DR; 'fudge .ed@forces .gc.ca'; 'RENATA PISTONBeacar:---
cida .gc. ca '; Golberg, Elissa - I RH -GHA ; Dobner , Gallit - ~G ; Allen, Mark -LON -GR;
'ADRLAN_WALRAVENeacdi-cida.gc.ca'; 'MICHEL_HUNBAOLTaacdi cida .gc . ca '; Nolke, Sabine -
JLHA; Bryan, Jeremy -GHH; Colvin, Richard -KABUL -GR; Be k, Stefanie - l OR; Poupart,
Isabelle -lOR; Proudfoot, Douglas - FTAG; Anderson , Cory ILX; Golberg , Elissa -IRH -GHA;
Nguyen , Hi - I RH - GHA; Nolke, Sabine -JLHA; Ahmad, Nadia FTAG; Burgess, Anne -SHATO -GR;
Labbe, Serge -BNATO - DR; EI-Sawy, Deena -IRe ; EXTOTT (10 ) ; EXTOTT (100 ) ; EXTOT'I' (IRP);
EXTOTT (I RH-GHA); EXTOTT (JLH); EXTOTT (FTAG) ; 'flavin .t 3Iiforces.gc.ca'; 'tremblay.t2
ftfor c e s . gc . c a '
Subject: Draft agreement with the AIHRC on detainee tran fer notification
PROTECTED 'A'

Further t o our C4 meg KANDH0072 (17NOV06 ) , attached FYI s the draft "notification of
detainee transfer" arrangement that has been developed b Task Force Afghanistan· and
passed t o the Afghan Independent Human Rights Commission (AI HRC) for comment. It sets
ou t the protocols that would be followed in order t o not fy the AIHRC that a detainee has
been transferred from the Canadian Forces t o the Gove nt of Afghanistan.
I

Nov. 14, 2007 EV.DFAIT.OOO1.0049 1 012

 Gavin Buchan
Political Director
Provincial Reconstruction Team, Kandahar Tel.

Nov, 14. 2007 EV.DFAIT.OOO1.0049 20f2

 ..

ARRANGEMENTS BETWEEN THE COI~IjANDIER, JOINT TASK

FORCE AFGHANISTAN AND THE KAND OFFICE OF THE
AFGHANISTAN INDEPENDENT HUMAN GHTS COMMISSION
WHEREAS

The importance of the Afghanistan Independent Hwnan Ri ts Commission to the good

government of the Islamic Republic of Afghanistan is reco . ed in the Constitution of
Afghanistan.

The Canadian Forces and the Ministry of Defence of the I amic Republic of Afghanistan
agreed in December 2005 that there is a proper oversight e for the Afghanistan
Independent Hwnan Rights Commission in relation to the tment of detainees
transferred to the Afghan authorities by the Canadian Fo • and set out their mutual
understandings in the Arrangementf or the Transfer ofVet inees Between the Canadian
Forces and the Ministry a/Defence ofthe Islamic Republi ofAfghanistan.

Mr. Abroad Nader Naderry of the Afghanistan Independen Hwnan Rights Commission
met with representatives of the Office of the Judge Advoca e General of the Canadian
Forces in Ottawa, Canada in June 2006 and discussed st that could be taken to
enhance the legitimacy and effectiveness of the Afghani Independent Hwnan Rights
Commission.

The Commander Joint Task Force Afghanistan and the ahar Office of the
Afghanistan Independent Hwnan Rights Commission wish to implement a working
arrangement in order to realize the mutual benefits of info ation shari ng between the
parties, as provided for in the Arra ngement for the Transfe ofDetainees Between the
Canadian Forces and the MinistryofDefence ofthe Islami Republic ofAfghanistan.

NOW THEREFORE

The Canadian Forces in Afghanistan, known as the "Joint ask Force Afghanistan" and
the Kandahar Office of the Afghanistan Independent Hwn Rights Commission,
referred to here inunder as the "AIHRC Kandahar" wi ll im ement the following
measures to realize, inter alia. the intent of the provisions f the Arrangement for the
Transfe r ofDeta inees Between the Canadian Forces and t e Ministry ofDefence ofthe
Islamic Republic ofAfghanistan. .

1. Timing of Notice to AlHRC Kandahar

The AfHRC Kandahar will be informed of the fact at detainees are being
transferred by the Canadian Forces to Afghan authorities ce Canada has officially
advised the JCRC Geneva.

C :lDocuments and Settings\muelleblLocal SettingslTempo Internet

FileslOLK651AIHRC agreement I 3 Nov 06 .doc

NaY 1. ,2007 EV DF....T 0001 0050

""
 ..
,

2. Scope of Disclosure of IDformation to AIHRC Kandllhar

The AlHRC Kandahar will be provided with the same information that Canada
provides to the ICRC Geneva.

3 Conditions of Disclosure of IDformatioD to AlHRC Kandahar

(a) The AlHRC Kandahar shall not disclose the information provided to it by Joint
Task Force Afghanistan to any person other than

(i) the next ofkin of the detainee in question, and

(ii) the JCRC.

(b) The AIHRC Kandahar shall not ose the information provided to it by Joint Task
Force Afghanistan forany purpose that is not consistent with its role and mandate under
the Constitution of the Islamic Republic of Afghanistan.

(c) The AlliRC Kandahar undertakes to provide immediate notice to the Canadian
Forces, should it learn that a detainee transferred by the Canadian Forces to Afghan
authorities has been abused or neglected..

4. Point of Contact OfIIcilII

(a) The Commander Joint Task Force Afghanistan shall be represented by the Task
Force Provost Marshal for all purposes connected with the implementation of this
Arrangement.

(b) The AIHRC Kandahar shall be represented by (TBPI for all purposes connected
with the impleroentstion of this Arrangeroent.

5. JSAF

In recognition of the important role that the International Security Assistance Force plays
in Afghanistan, the Canadian Forces will infonn the Commander, International Security
Assistance Force, of the terms of this Arrangement upon its execution by both parties.

Executed at Camp Nathan Smith, this __ day of December, 2006.

T.J. Grant Eng. Abdul Quadar Noorzai

Brigadier General Regional Program Manager,
Commander Afghanistan Independent Human
Joint Task Force Afghanistan Rights Commission

C:IDOClDDents and SettingslmuelleblLocal SettingslTeroporary Internet

FileslOLK65\AlHRC agreement I 3 Nov 06.doc

Nov 14, 2007 EV.OFAl T.OOO100SO 2 012

 Mueller Bianca -JLH
From: garwood.l@forces.gc.ca
s.nt: May 8 , 2007 5:36 AM
To: Buchan. Gavin -KANDH -GR
SubJocl: DETAINEE AIHRC DOCUMENTS REQUESTE BY THE COURTS

Attachments: AIHRC-ICRC Complaint .doc; tcac

MEETING 7~3-24.doc; NOS BACKBRIEF 07-Q4-25
.doc; NOS MEETING 07-C4-22.doc; NOS SITE ISIT 07..Q3-14 .doc; NOS Site V isit 07-04-25
.ecc: NOS S~. Visit 07-05-07.doc; MONITORIN · AND TRACKING DETAINEES.doc; AIHRC
WORKSHOP IN APRIL 2oo7.xls

~ ~ ~ ~ ~
AIHRC·ICRC ICRC MEETING NOS BACKBRIEF NOS MEETING NOS SITE V SIT NOS SIte VisIt NOS SIte VlsIt:
ompSlnt .doc: (48. 7-<l3-24.doc (4 1 ... 07-l>+25 .doc (6... 7-04-22.doc (SO K. 07.QH4:dc;. (3... 07-04-2S .doc (•.• 07-05-07.doc (5...

MONITORING AND IHRC WORKSHOP

RACKING DeTAIN. IN APRIl 2007.x...

« AI HRe- I CRe Compl a i n t .doc» « ICRC MEETING 07 - 3 -24.doc» « NDS BACKBRIEP

07 -04 - 2 5 . do c » « NDS MEETING 07 -04 -22. doc» « NDS SI T VISIT 07 -03 - 14. doc» « NDS
Si te Vi sit 07 - 04 - 25 . doc » « NDS Si t e Vi s i t 07 -0 S-0 7. do» « MONI TORI NG AND TRACKING
DETAINEES. doc»

« AI HRe WORKSHOP IN APRIL 2007 . x l a»

Nov, 14. 200 7 eV .DFAIHlOO1.0051 1 of 1

 u • •__ _ _

FOR A1HRC AND tCRC EYES ONLY

NOS SITE VISIT
2007-04-25 ,
,,
The Director of the Corrections Component and Gavin Bucha of DFAIT attended NOS. The
following was noted in relation to persons on remand.

son of has been there for 2 % months. His investigaUon is

finished. When asked a~his toes had been med but it was not apparent to
esc Inspection. He also said he had been kicked and beate while blindfolded. that they had
stepped on his belly. This reportedly took place in the NOS offi . When asked who had abused
him he said it was otrlCElf'S at NOS however he could not idenf they due to the blindfold. NOS
alleged that had killed two ANP in Myan Shi or Shah Wali Kat before being
captured.

I I!IIIII!I""IIII!IIIII!I~ (spelling
to be
had been in detention for about

ich is where he was held. When eel about other prisoners he said
tha ere were none. hen asked about the number of celts h said it was just a room. He went
on to state that he had been interrogated by foreigners and He alleged that_
beat him and gave him electric shocks. He also stat he was bound by his feet and
hands and was made to stand for 10 days.

For your consideration.

L. Gorwood-Fllbort
Director Correction. Component
KPRT

Nov. 14 , 2007 EV.OFAIT.OOO1 .oo52 101 1

 _ EETING REPORT
3-24

was to meet t h e _
and to explain CSC's role in
n a ar. IS ro e is to look a er prisoner and detainee issues as well as the
Protection of Civilian Population program (PCP).

While CSC's review

of the Registration or Admission Book at Sarpoza may be of some use, _
_ preference seems to be not to accept detainees from NOS and they are
transferred to Kabul. It is felt that ~ we were to make inquiries our efforts would
be more beneficial at NOS.

SARPOZA PRISON

Nov. 14, 2007 EV.DFAIT.OOO1.0053 1 012

 esc discussed the Prison Data Base, which is being piloted and that In time this
. could be used to track prisoners through the system. Until then we would need
to inspect their register for admissions and discharges.

Nov. 14, 2007 EV,OFAIT.OOO1.oo53 2012

 CSC SITUATIONAL REPORT
NOS and NATIONAL SECURITY PRISONERS

Chain of Command
The Organizational Chart for the COP is bein developed and as such there is no
formalized reporting structure. olds the rank of Colonel and does
on a dail basis call in counts to as well as submlts their daily reports.
and this department was moved to the
istnct Detention Centres report in to the
Warden of the Provincial prisons so in the case of Kandahar there are 17
Detention Centres who report in to Sarpoza.

Prisoners In the National Security Wing of Sarpoza

CSC's first visn to Sarpoza was on 2007-02·13 at which point we received a
small general tour and were given a basic profile of the prison and inmate
Population. Sarpoza handles inmates not only from Kandahar but also from
Qalat, Uruzgan, and Hilmand provinces. The inmate count is approximately 700
with-'tating a maximum capacity of 3,000 if all the necessary repairs
were~e cells. There are 70 cells within the criminal section and 70
within the national security section, There are 4 regimes within the prison, They
are :

• women (20) I children (17)

• juveniles (50)
• criminal (430)
• political (180)

In the National Security Wing there are at last report 136 inmates being held
prisoner. They could be in various stages of the prosecutorial process as once
they have been investigated and charged they are transferred from NOS to
Sarpoza. While there they will be processed through the 3 phases of the court
system and if sentenced will serve their sentence at Sarpoza. Higher profile
Security prisoners may be transferred to the prison in Kabul known as Pul-i-
Charkhi.

Nov. 14, 2007 EV.DFATT.OOO1.0054 1 016

 Access to Netlone' Security Wing (should we heve eccess)
esc toured the National Security Wing on March 8" the JAG and PAFO. Ouring
a previous meeting with the International Legal Fund, the lawyers had raised the
issue of not being allowed a separate room where the defense lawyers could
meet with their clients. This was discussed w i t h - ' n d he indicated that
an area has been made availa_le u n ue~ged that they also
conduct interviews at the cell. was told that esc would continue to
monnor this matter with the lawyers, ~SL as a human rights issue.
While walking through the prison later ~wed the Team an office
that would be made available.

A tour of the National Security area (Political Prisoners) was conducted . The area
currently houses 156 inmates. When questioned by the JAG _ stated
all prisoners in this area have been convicted. however so~ner's
files are still under investigation. Answers to our questions were that "the files
were still running" and that "some crimes and stories have not been explained".
The NOS apparently maintains the files of these prisoners; this creates the
problem of the prison not knowing the exact nature of the crime or of the
sentence. The prisoners are brought to the prison with a letter of committal and a
letter of when they are to be released back to the NOS. Aocording to
the Attorney General and the NOS know the reasons that each prisoner is being
held. Sarpoza Prison ensures that both Kabul and the AIHRC are notified of any
new prisoners. We were told National Security prisoners are aocorded the same
treatment as the rest of the facility. In direct questioning the prisoners themselves
indicated that they are welHreated and shown proper respect, the qualifier to
these answers is that~f the facility was present at the time of the
questioning. There is one female pol~ical prisoner, who is being held in the
Women's Unit for kidnapping children, which in their words can be interpreted as
a political crime.

While touring the National Security range II became very apparent that ~ is in the
same need of repair as in the rest of the facility. The walls and ceilings need re-
plastering and the floors need to be smoothed by concrete. This was blatantly
demonstrated when the Trainer/Mentor removed a used syringe from one of the
many holes in the hallway walls. W~in inches of this find was another hole with
a plastic wrapped lIem secreted in ~. Both ~ems were turned over to the prison
staff. Many of the windows in the cells had been plastered over and did not
provide sufficient airflow and venUiation. The cell floors are wet in both cells that
were inspeeled .

,~.
NaY. 1<1. 2007 EV.DFNT 0001 ~
 On April 17'" CSC alon wijh Officers, one being from KPRT and the
other who was at the base on business from the Dutch
PRT in Tirin Kot, reviewed the Registration process for National Security
prisoners and were given full access to registration books and court documents,

C Director and the Canadian and Dutch _ _pent an hour w i j h _

o discuss the legal process for admission and discharge of inmates and
. . To that end

At the outset we were told that the process for sending someone to prison is not
their responsibility and is the decision of ANP HQ. They have a section, which
they referred to as the "discovery section" that we took to meant investigative
branch. There are 72 hours in which to investigate at which point the Attomey
General can send the prisoner to Sarpoza.

There are three types of prisoners that Sarpoza will admit to the prison, those
sent by the ANP, those sent by the Attomey General and those sentenced by the
courts . The Attomey General segment for processing is 2 weeks during which
time the prisoner is at Sarpoza. The documents then go to the court and they in
tum have 3 months to determine guilt. If found guilty they are sentenced for a
specified period of time.

They stated they recognized the two categories of prisoners, those awaijing court
and those sentenced and the fact that they should be kept separate. They do try
to as much as possible by keeping them in separate cells however this is in the
area of convicted prisoners. They do have an area in the prison for Remand
Prisoners however as the roof is in need of repairs they try to separated them
using specific cells in the criminal section of the prison. esc will need to
address the roof repairs in order to re-open their Remand centre so as to adhere
to UN Standard #85.

Wijh regards to documentation howed us that all

prisoners admitted were cove y ocurnentatlon t at e referred to as Form
#2. We were shown both the Registration Book, the file with the Form #2
Admission papers and another file wijh Discharge Orders from the court. A
second fingerprint in the Registration Book confirms that a prisoner has been
discharged . These particular documents were for the National Security prisoners
of which there are currently 136. The A&D process for them is identical to that of
criminal prisoners. When they first took over the prison there had been prisoners
on sije past their sentencing date but not any more. In order to ensure this they
have a BF system whereby 1 week prior to a release date the prison contacts the

Nov. 14 , 2007 EV.OFAIT.OOO1 .oo54 3016

 courts to ensure they complete the necessary documentation for the inmate's
release. The CSC and JAG were both allowed to photograph these documents.

This process was conceived b y - ' n d implemented at Sarpoza. It was

sent to CPO for their approval ~ now under the impression that the
MoJ is e~s are using this system. This however is not the
case as _ confinned that Tirin Kot kept no admission or
discharge papers what so ever.

Inmates who have more that a 10 year sentence, high profile security cases,
kidnapping, murder, and drug offenders will serve their sentences at Kabul.
Inmates in the south will serve their tenn at their provincial prison unless they
present a behavioural problem at which point they are transferred to Sarpoza.

The meeting with ended with the request in the Mure to meet with
the heads of the respective Departments in particular the person in charge of the
Detention area and Attomey General.

Nov, 14. 2007 EV.DFAIT.OOO1.0054 4 0f 6

 On April 22"" JAG Connor and the CSC
officials. We met with

The JAG and CSC both explained their mandates and made offers of assistance.
CSC also asked for access to their detention area and cells, again with the offer
of training and mentoring to their staff. It was stated we had an understanding of
their role, as in our country National Security is very important. We stated that
we knew what he did, that we do the same work and that we appreciate the
sensitivity of the issues and that Canada is open to a working relationship.

While this is a
rane 0 e mlltary It unctions as an indepe ent organization with the main
focus to deal with anti-govemment crimes. He stated that he is glad that after
two years of being in Kandahar that someone has actually contacted him and is
willing to advise and work with them.

A significant amount of the conversation revolved around the prosecutorial

processes regarding NOS cases. They too have a primary, high and Supreme
Court system. While their focus is on Kandahar they also take cases from Zebul
and Uruzgan. The department has two branches; one that looks at what they call
inside/outside security that is terrorism, kidnapping and counterfeRing. The
second branch monitors NOS duties, officers, prisoner cases, logistics and
personnel. They have no access to the operational branch of the NOS

The main justice branch in Kabul only works on NOS terrorism cases. There are
now 9 jUdges or personnel who oversee this process. They currently have 80

Nov. 14, 2007 EV.DFAIT.OOO1 .oo54 5 016

 cases impacting 150 prisoners that they cannot get judgments on, as the Judges
are wary to make a decision because of threats/night letters. Those 150 are
being held in Sarpoza. Their problem is to get the judges to make decisions on
these 80 cases and to that end _ g a v e us copies of those cases with the
hope of some assistance.

esc Mandate
The Correctional Service of Canada's mandate while posted to the KPRT is to
extend the existing authority of the Afghan Ministry of Justice Central Prison
Departmenlto the province of Kandahar and thereby contributing to the Justice
Sector Reform Plan Including implementing policy and strategic plans of the
ConsuRative Working Group on Prisons and Detention Centres with regards to
Reconstruction and Rehabilitation of Prisons, Training, and Administrative
Reform .

Areas specified within our mandate were Sarpoza Prison, ANP HQ Detention
Centre, NOS Detention Centre and one of the Project Goals in our Strategic
Engagement is to establish and maintain a liaison with international players,
specifi caily cning the Dutch Embassy and this would mean engagement with Tirin
Kot Prison.

NtN 14. 2007 EV.OFAlT OOO10QS04

 NOS MEETING
2007~22

JAG Connor and the CSC Director held a meetin

We met with

The JAG and CSC both explained their mandates and made offers of assistance.
CSC also asked for access to their detention area and cells , again with the offer
of training and mentoring to their staff. It was stated we had an understanding of
their role, as in our country National Security is very important. We stated that
we knew what he did, that we do the same work and that we appreciate the
sensitivity of the issues and that Canada is open to a working relationship .

While this is a
branch of the military it functions as an independent organization with the main
focus to deal with anti-govemment crimes. He stated that he is glad that after
two years of being in Kandahar that someone has actually contacted him and is
willing to advise and work with them.

A significant amount of the conversation revolved around the prosecutorial

processes regarding NOS cases. They too have a primary, high and Supreme
Court system . While their focus is on Kandahar they also take cases from zabul
and Uruzgan . The department has two branches; one that looks at what they call
inside/outside security that is terrorism, kidnapping and counterfeiting. The
second branch monitors NOS duties, officers, prisoner cases, logistics and
personnel. They have no access to the operational branch of the NOS.

Nov. 14, 2007 EV.DFAIT.OOO1.oo55 1012

 When questioned about DNA they said there Is no law to govern this but there Is
an Internal rule. The hospnal and their lab does the work. There is a directory to
identify dead bodies in Kabul.

Other discussions revolved around the laws used to prosecute Terrorists and the
Law Books used by the Attorney General. There is an Punishment law dated
1355 and an Interim Code Book that identifies terrorism, 27 articles,

The_~e_ti1'1g ended witti~=cr .co~r~

th~e~J~A~G~a~
nd esc to,L::= = ,:::
discussions and wnh esc vlewi
detention-celis or meetin wnh Ire

Nov. 14, 2007 EV.DFAIT.OOO1.0055 :2 01 2

 NATIONAL DIRECTORATE OF SECURITY SITE VISIT
2007-03-14

The Director of the Corrections Component de~rted the KPRT on atrel to NDS under
MP escort. The mission of the patrol was forfl and Stafl Sergeant
McCambridge to provide introductions on behalfof-CI\IPOt , CS and the MP's. The
Engineers were also going to assess certain structures on site and the EOO Unit was
going to pick up some ordinances for disposal.

With regards to esc issues our mandate was explained to_ _ 8S was the fact
that we were offering assistance and t~za ~o assessed the
needs of the ANP Detention Centre. _ _stated that the Americans were
buildi a new rison for NOS.

When asked about female

prisoners he"stated they had one female officer who handled such cases but as they did
not have an area to house female prisoners they were transferred to the ANP Detention
centre. A request to see the detention area in the future was also expressed.

The meeting with _ e n d e d with the request in the future to meet with the
heads of the respe~ments in particular the person in charge of the Detention
area and Attorney General.

After the meeting the Engineer was asked to look at - ' n d CIVPOL and
the EOO specialists inspected the EOO's, which we~ over to them for
disposal.

L. Garwood-Filbert
Director
Corrections Component
KPRT, Afghanistan

Nov. 14 , 2007 EV.DFAIT.OOO1.0056 1012

Nov, 14. 200 7 EV.DFAIT.OOO1.oo56 2 of 2
 NOS SITE VISIT
2007004-25

The Oirector of the Corrections Component and Gavin Buchan of DFAIT

departed the KPRT at 16:00 on patrol to NOS under Force Protection escort.
The purpose of the patrol was for CSC to endeavour to review the Registration
Book for prisoners, to meet f the Detention Centre and to tour the
Detention Cell Block to assess compliance with Intemational Standards. This
patrol had been planned for some time however became more urgent due to
recent Canadian media commentary.

The of NOS, innially met us. OFAIT raised the

issued of Canadian media articles and queried as to whether he was aware of
the comments regarding mistreatment. It was further explained that there was a
big political impact in Canada as a result. A vote was taken to end our mission in
Afghanistan, which was defeated by only 6 votes. _ said he was aware of
the issue because of conversations with General Grant and that he was prepared
to give us full and open access.

of NOS and
in attendance and reference was made to our meeting of April 22 with the
_and of NOS. CSC explained their mandate to the
Oirector and the fact that they have been working with Sarpoza Prison and it's
staff and to a lesser degree the ANP HQ Detention Centre and would like to offer
similar assistance to NOS. I commented that when in the other facilitles, I
typically would ask to look at the prison register, inspect the cells, take pictures of
the facHny and assess the premises to Human Rights standards. I asked WI
would be extended the same courtesy and they indicated I could have complete
access to their facility.

When queried regarding the allegations by Engineer NOORZAI that he has been
unable to secure access to the NOS facilny, said that he has
never requested to -come to NOS. That ICRC is allowed access to NOS so why
would they deny NOORZAJ?

Nov. 14, 2007 EV.OFAIT.OOO 1.0057 1 015

 OFAIT and esc were taken across the com un

The cell was not damp and there were two ceiling fans. All inmates were silting
on the floor but there were only blankets and no mattresses . All Inmates
a red healthy and there were no apparent slgns of ph~cal abuse. There
and one of two
ans pro ve Ja n. s were meagre a were ored in small bags
and boxes suspended from the walls by string and twine. The walls were dark
grey concrete and lighting was provided by three of five light bulbs hanging from
the ceiling. Showers and latrines were outside the entrance of the building.

A doctor visils once a week but they can also be taken to outside hospilal. They
receive 3 meals a days and staff and officers eat the same food as the prisoners.
They receive fresh air exercise and showers on attemate days to the other group
of inmates. All inmates were wearing chains around their ankles, which were
secured by padlocks.

ami y v1s~s ta e p ace on u ays a t y can a so send messages out.

When asked as to how their families are notified of their incarceration we were
told ~ was e~her through _ , neighbours or word of mouth. If a family
member comes to the gate and enquires about an inmate, NOS will confirm ff he
or she Is there. Lawyers are allowed to visil but iI was stated they never do.

Staff complement for the detention centre is

make 6000 Afghani or $100-120 US a month. They
only _ is allowed in the cells.

We were told that inmates are typically held here for 1 month and once they
completed court they would go to Sarpoza. They did state that they could
request extensions from the court. This is contrary to our NOS Interview of April
22"" when CSC was told they were only at NOS for the investigation process and
then would go to court from Sarpoza. They did state that they would request
extensions from the court. Two inmates indicated they had been there for
approximately 2 )02 months.

When asked who had been picked up or detained by Canadian Forces of the 19,
seven raised their hands and two insisted. Then some qualified that they were
foreigners who spoke English. _ told us the last transfer from Canadian
Forces was 15 days ago and that due to Issues of overcrowding some end up
going to Sarpoza.

Nlw 1-4. 2007 EV [)FAlT lllllIl 00S1

 One of those who claimed to have been ca tured by Canadians was a
young ma lied

The cells were approximately 2.5 x 1.5 metres. Each cell held 2 prisoners who
again were shackled. There were no mattresses in the cells but there were
blankets on the floors. When asked what qualified these inmates to be placed in
the individual cells we were told ~ was because they were still under
investigation.

In one cell a prisoner was told he was going to be released by - , n d that

he was of the same tribe as He had no passport or papers
and was from Pakistan. His father came in to verify his identity and he will now
be released. When asked how his family knew he had been detained he said his
father had been looking for him for 12 days and eventually located him at the
NOS facility.

We asked about a Prison Register and were told there was one, which we were
allowed to view. Typically dUring the first week of detention and investigation
prisoners are not allowed to see their family, however is there are inquiries the
NOS will confinn to the family that they are being held. The NOS also stated that
if a lawyer did come dUring this one week period he would be allowed to visit,

Nov. 14 , 2007 EV.DFAIT.OOO1 00 57 3 015

 rc IS ere
he was held. When asked about other pnsoners e sal a ere were none.
When asked about the number of cells he said ij was just a room. He went on to
state that he had been interrogated by foreigners and He alleged
that beat him and gave him electric shocks. He also stated he was
bound by his feet and hands and was made to stand for 10 days.

my
He
but he claims

We inspeeled the rest of the building. There was one prisoner

being kept in isolation in an office as he had just been processed and was being
assessed. There were also staff accommodations. Two offices were locked and
belonged to officers who had gone home, which had chairs and a photocopier in
them. The interview room had 3 desks and chairs. _
we saw the office of the which, cont'8lilEKl'3
filing cabinets and files, and the , which he showed to us and is
very similar to that of Sarpoza and ANP H O _ The filing cabinets divided
the room and on the other side of them was an area to sleep and to have chat,
Also~as an empty room and an addftlonal office. Wijh the
exce~ed offices,
we were a e 0 en er an Inspect every room in

We were then shown the new construction for the NOS cells. We were told that
NOS is building the new facilijy but that they didn't know how ij was being
funded; they were under the impression ij was their own departmental budget.
This is different from what they told esc in the March 14'" when they stated the
Americans were buildin the new facir . The cells in this buildin will also be

Nov, 14, 2007 EV.DFAIT.OOO1.oo57 <I of 5

 After this we conducted a de-brief with While most of the
standards are consistent wilh the other sites viewed, CSC indicated that the
shackling of inmates was inappropriate. They stated iI would only be for one
more month until the new bUilding is ready, and they are able to put all prisoners
into small cells rather than relying on a communal cell. Having said that, the new
facility is far from being ready and CSC would like to pursue the matter further.
NOS also clarified for us that ICRG notified families when someone was
. incarcerated at their sile. When asked about prisoner treatment we did indicate
that two inmates had stated they had been tortured. While we saw no immediate
evidence of abuse, matters would require further investi ation and/or
corroboration. The response regarding the prisoner who stated

- had abused him was that he had been questioned by ANP at their HQ not at

Nov. 14, 2007 EV.DFAIT.OOO1.0057 50f5

 NOS SITE VISIT
2007.05-07

The Director of the Corrections Component , Gavin Buchan of OFAIT and LEGAO
Lieutenant Commander Connor departed on patrol to NOS under the joint escort
of the MP's and ser Tac. The first purpose of the patrol was for OFAIT to deliver
the new Detainee Agreement and the list of Canadian Forces (CF) Detainees to
~f NOS. The second was for the LEGAO to follow up on matters
~h the Attomey General at the April 22"" meeting.

This was an unannounced visit and the convoy was allowed immediate access.
of NOS, met us in~ially at the gate . OFAIT
and CSC met with of NOS The POLAO delivered
the Detainee Agreement, which was in English and Oari noting that the Pashto
version would follow. It was noted that this is a public document in Canada and
has been presented in the House of Commons. It was also noted that for today
this would not be a mon~oring vis~ but that we wanted to discuss how we would
proceed with vlslts in the future . thanked us for our help and indicated
we could feel free to vis~ everyday if it was necessary.

The question was asked if knew how many prisoners had been
released or transfenred? W~ that the POLAO handed over the list of detainees
transfenred by the CF to NOS since 2006-04-2 2 for their verification ~h regards
to tracking . We noted that this would be one of the tasks our LEGAO and the
NOS Attorney General will need to work on.

Nov. 14, 2007 EV DFAIT.OOO1 oo58 1013

 There was a di~rding Mure vistts and who would be our rima
point of contact. _Indicated tt would be the
.I!II!I!I!
and that we could reach him via his cell phone He also
stated that we could take a delegate with us or we could feel free to go alone.
When asked ~ we could talk to someone in private we were told that was not a
problem and that we could use an office. We also noted that our timings could
be unpredictable and could be dUring the day or night. We also retterated that
the Human Rights had the same terms as the Canadians in the agreement.

It was noted that in a recent meeting between the Governor and the Chief of
Defence Staff General Hillier that the Governor noted that the improved security
in Kandahar was due to efforts by the NOS and this was the message back to
Canadians.

He also stated that while he

WI give e names 0 e inees wou n provide the accusations against
them, as this is a maller of National Security. By way of example he produced a
leller from Engineer NOORZAI asking for information from NOS. _ will
however accommodate questions about food, treatment and other conditions, It
was also agreed that providing the list of detainee names to AIHRC would assist
in tracking.

Reference was made to the two prisoners who had made allegations of
mistreatment on our vistt of April 25~ and that their allegations had gone forward
to both the AIHRC and ICRC. _Indicated that both were now in Sarpoza
Prison. For purposes of this report the allegations were as follows:

1. son of has been there for 2 Y,

months. His investigation Is finished. When asked about abuse he said
his toes had been bumed but tt was not apparent to esc inspection. He
also said he had been kicked and beaten while blindfolded, that they had
stepped on his belly. This reportedly took place in the NOS office. When
asked who had abused him he said II was officers at NOS however he
could not Ident~ them due to the blindfold. NOS alleged that
had killed two ANP In Myan Shin or Shah Wali Kot before
being captured.

Nov, 14. 200 7 EV.DFAIT.OOO1.0056 2 or 3

 2. (spelling to be verified), son of • • • • • Ii!..!11!1
District said that he had been in detention for about one year. The first
month was at

He stated
a interrogated him. He alleged that beat him and gave
him electric shocks. He also stated he was bound by his feet and hands
and was made to stand for 10 days.

He said the reason for his detention was that he had been accused by an

~
nem in Govemment of being _ o f Taliban
He has never been to court. His name in the file is
but he claims that is inaccurate and that he was captured
in Maywand, not Panjwayi as recorded in the file, and that after his
detention his car was appropriated by

Near the end of our vis~ we sat in on the meeting between the LEGAD and the

When queried he gave 70% as a flQure.

Conrections Component
. KPRT

Nov, 14. 2007 EV.DFAIT.OOO1.0056 3 of 3

 MONITORING AND TRACKING OF DETAINEES POST-TRANSFER
CSC DIRECTOR'S COMMENTARY

The Correctional Service of Conada's mandate while posted to the KPRT is to extend
the existing authority of the Afghan Ministry of Justice central Prison Department to the
province of Kandahar and thereby contributing to the Justice Sector Reform Plan
including implementing policy and strategic plans of the Consultative Working Group on
Prisons and Detention centres with regards to Reconstruction and Rehabilitation of
Prisons, Training, and Administrative Reform.

While it is true that our project is to be consistent with Canada's role and responsibilities
both in Kandahar Province and the national Government, there are certain realities that
must be considered. As such I will provide the following commentary. Up front my initial
concerns are:

• Detainees, (military definition) are strictly speaking outside the CSC mandate
• esc is not in a position to do effective tracking of detainees as we only have
access to a few registers
• esc does have the ability to do limited informal tracking in the course of their
mentoring duties.

The documents I have reviewed that being an a-mail from Major B. C. Hudson and the
attached "Remedial Response Options" and "Discussion Paper" seem to use the term
detainees and detention centres exclusively without characterizing what they mean. In
Corrections we primarily deal with prisoners or inmates and they are incarcerated in
prisons. The Afghan Law, which is currently in its draft form, is known as the Law of
Prison and Detention centres. However, Detention centre and Detainee refers to those
prisoners who have been arrested and awaiting formal charges, such as those held for
Criminal Crimes at the ANP HQ Detention Centre or those held for National security
Crimes at the National Directorate of security. In Canada they would be known as
Remand Inmates. All three categories fall under different departments, prisons falling
under the Minister of Justice , ANP falling under the Minister of Interior and the NOS
falling directly under the President.

esc's mandate as I understand it is for us to deal with prisoners or persons, who have
been charged for an offence and are in a facility, be it prison or detention centre,
awaiting trial but not military detainees. If we were asked to become involved in the
military aspect of detainees the question would be at what juncture , as our mandate is
clearly to deal with prisoners. Having said that. it is true that through due process of law

Nov. 14, 2007 EVDFAIT.OOO1 OO59 1012

 we would deal with mililary delainees who had subsequently been charged or convicted
of an offence. There is also information out there thatthere couk:l be up to 120 prisoners
at Sarpoza who are under investigation but who have not yet been charged.

With respect to tracking an inmate, detainee or military detainee at this point it would
have to be done manually. The UN Standard Minimum Rules for the Treatment of
Prisoners states thatthere must be a Register of Prisoners.

Register

7. (1) In every place wIlere persons are imprisoned there shall be kept a bound
registration book with numbered pages In which shall be entered in respect of each
prisoner received :

<a) Infonnation concerning his identity;

(b) The reasons for his commitment and the authority therefore;

(c) The dayand haurof his admission and release.

(2) No person shall be received in an institution without a valid commitment order of

which the details shall have been previously entered in the register. separation of
categories

8. The different categories of prisoners shall be kept in separate instiMlons or parts of

institutions taking account of their sex, age. criminal record. the legal reason for their
detention and the necessities of their treatment.

The process is not at this point electronic. The Central Prison Department has just
recently constructed a Prisoner Dala Base through tha UNODC, which will be piloted at
Pul-i-Charkhi on the Women's Unit. Even if the pilot is accepted by the CPO most
prisons do not have computers or the electrical infrastructure to support this program at
this time. It is also my understanding that once the Military transfers a detainee to the
Afghan Authorities, they have no centralized facility that they would take their prisoner to
for incarceration. As such tracking, with the point in the process yet to be determined,
would have to be done by physically examining the Registers at all 34 Prisons and the
estimated 600 Detention Facilities in Afghanislan. Clearly the CSC mandate was not
designed to handle this demographic.

It is therefore my opinion that before a commitment of this kind be considered that

further discussions take place, which hopefully includes CSC and the actual
organizations that do have the issue of military detainees in their mandates such as the
AIHRC and the ICRC.

L. Garwood-Filbert
Director Corrections Component
KPRT

Nov. 14, 2007 EV.OFAIT.OOO1.0059 2 012

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, IclJoduclioe 10 AlHJ.

" ..... . .,

Nov. 14 . 2007 EV.DFAIT.0001 .006 0 1 of 2

Nov. 14. 2007 EV.OFAlT .0001.0060 2 0f2
 •,
.

MEDIA RESPONSE LINE

REPONSE AUX MEDIAS

SUBJECT/SUJET : Task Force Afghanistan

MRLIN" RAM: 07.009 - Afghan Independent Human Rights Collllllls,lon

ISSUE/OUESTlON: A KPRT event to mark the formalization of arrangements
between Joint Task Force - Afghanistan (the CF) and the AIHRC to provide the AIHRC
with notice when detainee' are transferred from JTF - Afg to Government of Afghanistan
authorities.

RECOMMENDED RESPONSEIREPONSE RECOMMANDEE

• The signing of this letter by the Commander of Joint Task Force - Afghanistan
recognizes and confirms the role that was envisaged for the Afghan Independent
Human Rights Commission, in the 2005 Arrangementfor the Transfer ofDetainees
Between the Canadian Forces and the Ministry ofDefence ofthe IslamicRepublicof
Afghanistan signed between the Canadian Forces and the Ministry of Defence of the
Islamic Republic of Afghanistan.

• It further strengthens an already strong working relationship between the AIHRC and
the Government ofCanada.

• The Afghan Independent Human Rights Commission, in accordance with its mandate,
will essentially assist in the impartial monitoring of thetreatment of detainees
transferred between the Canadian Forces and Afghan authorities.

• The information that will be passed to the Afghan Independent Human Rights
Commissionby the Conunander Joint taskForce- Afghanistan will be identical to
that which is currently relayed to the ICRC and will be treated in confidence to
protect the privacyof detainees.

• Canada will continue to notify the ICRC of each transfer of detainees, to support the
ICRC in fulfilling its mandate under international humanitarian law to work towards
the protection of detainees.

• The establishment of these arrangements will foster Afghan capacity to self-govern

by encouraging a greater role for the AIHRC, a public institution invested with a
constitutional role to monitor the government's activities in the critical area ofhwnan
rights.

• The Afghan Independent Human Rights Commission's roleand mandate were

established in the 2004 Constitution of Afghanistan and the 200S Law on the
Structure. Duties and Mandate ofthe AIHRG.
1

Nov. 14, 2007 EV.OFAIT.OOO1.00s3 1012

 • The Afghan Independent Human Rights Commission responsibilitiesand national
mandate include monitoring the treatment ofdetainees and prisoners within the
territorial boundaries of Afghanistan.

• The Afghan Independent Human Rights Commission will notify Canadian authorities
in the event that it discovers detainees transferred from Canadian to Afghan custody
have been mistreated in any way.

• Notifying the AIHRC will provide an additional recourse for Afghans ooncemed
about the whereabouts ofrelatives that mayhave been captured by the Canadian
Forces and subsequentlytransferredto Afghan authorities.

• The information passed to the Afghan Independent Human. Rights Commission by

Joint Task Force - Afghanistan will be protectedby the same privacy rules that are
nsed by the ICRC.

Prepared by/Prepare par: LCdr Phillips, HQ JTF·AFG PAD

Approved by/Approuvc! par:
Date preparedlDate prc!parc!e:
Consulted with/Consultation avec:
BGen Grant, COMO JTF·AFG
1Feb 2007
LCdr Flavin, HQ JTF·AFG LEGAD
LCol Irwin, HQ JTF·AFG COS
Maj Tremblay, KPRT LEGAD

Nov, 14. 200 7 EV.DFAIT.OOO1.0063 2012

 -------- --- ---

Mueller, Blanca -JLH

From : buchan@forces.gc.ca
Sent: December 31, 20066:29AM
To: Buchan. Gavin ..f<ANDH -GR
Subject: FW: AIHRC arrangement

Herfst.G2aforces .gc .ca

:> -- -- -Or i g i nal Me88age-----
:> From: Herfet Col GeX-DCDSS.ap Athena
> Sent : Friday , 2 9, December, 2006 17:49 PM
:> To: Buchan elv GtltX- DCDS7f1Op Athena
:> Cel Flav in LCdr TCNX-DCDSSliOp Athena
> Subj eet : AIHRC arrangement
>
> Gavin :
>
:> I 'm sitting i n for Tom Flavin while he is away o n his longl,.!l~ea
~v~.~. ,

> Please call me in any event to discuss .

>
> G. Berfet
> Col
:> Acting NCB Snr LEGAn

Nov. 14. 2007 eV.DFAIT.OOO1.0064 1 or 1

 •
Mueller, Blanca .JLH
From: tremblay.t2@forces.gc.ca
Sent: January 21,2007 10:57 PM
To: Buchan, Gavin -KANDH -GR
Subject: FW : AIHRC Agreement - final version of letter

Attachments: AIHRC letter Jan 07.doc

AIHRC letter Jan

07.doc (21 KB...
Bonjour Gavin,

voiei la dernier version de la lettre, est-ee que tu la remettre a Khalil, merei.

TT

> -----original Message-----

> From: Flavin LCdr TC~X-DCDSS8Op Athena
> Sent: Monday, 22, January, 2007 08 :01 AM
> To: Tremblay Maj ~X-DCDS7~ Athena
> Ce: Flavin LCdr TCNX-DCDSSttQp Athena
> Subject: RE: AIHRC Agreement - final version of letter
>
> Tanmy,

r
> Only 4 more weeks to golll
>
> > <<AI HRC letter Jan 07.doc»
>
> TCF
>
> -----original Message-----
> From: Flavin LCdr TC~X-DCDSSttop Athena
> Sent : Saturday, 20, January , 2007 09:03 AM
> To: Tremblay Maj ~X-DCDS7aop Athena
.> ce . Rosenkranz capt KeX-DCDSSIiOp Athena l Holland LCol JcttJAG DLAW/OPSlIOttawa-Hull;
Herfst Col GeX-DCDSS8Op Athena
> Subj ect: AIHRC Agreement
>
> Hi Tanmy,
>
> I just g ot back yesterday from leave and have only just been able to get my email
running. It seems to have gotten a bit out of kilter while I was o n HLTA.
>
> Colonel Herfst advised me this morning that the latest version of the agreement, which
has now been transformed into a letter from BGen Grant to Engineer Noorzai, has been
approved by JAG and all the other persons in Ottawa with a stake in the matter.
>
> I understand that you have the final version o f the text . Could you please email i t to
me s o I ean have it translated and prepared in final f orm t o be presented to BGen Grant
for his signature .
>
> thanks ,
>
> Tom
>

Nov. 14, 2007 EV.DFAIT.OOO1.0065 1 01 2

 .'
> Lieutenant- Cort1TIa11der T . C. P. (Thomas ) Flavin Senior Legal Advisor Task •
> Force Af hanistan Rotc 2
>
>
>
>
>
>

Nov, 14. 2007 EV.DFAIT.OOO1.0065 20f2

 Dear Mr. Noorzai,
Afghan IndependentHuman Rights Commission
Kandahar Office
Afghanistan

I havethehonour to refer to theArrangement for theTransfer of Detainees Between the

Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan
concluded in December 2005 which recognizes thelegitimate roleof theAfghan
Independent Human Rights Commissionwithin the territory of Afghanistan, including
with regard to the treatment ofdetainees.

In recognition of this role, theCanadian Forces in Afghanistan, known as "Joint Task

Force Afghanistan", would like to notifYthe KandaharOffice of the Afghan Independent
Human Rights Commission of the transfer of detainees by the Canadian Forces to Afghan
authorities based upon the following principles:

(a) The AIHRC will not disclose the informationprovided to it by

Joint Task Force Afghanistan to any person other than:

(i) thenextofkin of the detainee in question; or

(Ii) the International Committee of the Red Cross.

(b) The AIHRC will not use the infonnation provided to it by Joint
Task Force Afghanistan for any purpose that is not consistent with
its role and mandate under the Constitution of the Islamic Republic
of Afghanistan.

(c) The AIHRC undertakesto provide immediatenotice to Joint Task

Force Afghanistan or the Canadian Embassy, sbould it learn that a
Detainee transferredby the CanadianForces to Afghan authorities
has been mistreated.

The Commander Joint Task Force Afghanistanwill be represented by the Task Force
Provost Marshal forthepurposes ofdetainee transfer notifications to the Kandahar Office
of the AIHRC. Queries should be addressesto the office of the Provost Marshal.

I would be grateful if the AIHRC could confirm its agreement with the terms laid out
above by acknowledgingreceipt ofthis letter.

T. Grant
Brigadier General
Commander
Joint Task Force Afghanistan

Nov, 14. 2007 eV .DFAIHlOO 1.0066 1 01 1

 Mueller, Bianca .JLH
From: tremblay.t2@forces.gc.ca
sent:
To:
Cc:
Subject:
~RFW: Agreement

Attachments: Letter.PDF; AIHRC letterJan 07.doc

etter.PDF (874 1(8) AlHRC letterJan

07.doc (21 KB...
Dear Engineer Norzal,
Please find a Paetho translation of the Letter of Agreement .
« Let t e r. PDF »
Tammy

:> --- --Original Message---- -

,. From : Tremblay Maj 'NtX-DCDS7«>p Athena
:> Sent~uary , 200710:07 AM
> To: _____
,. Subj eet : Agreement
>
> Dear Engineer Norzai,
>
,. First o f all , congratulations on the suc cessful compl e t i on of RAJ AKBAR.
>
f ind a c opy o f the redrafted Letter of Agreement that we hope to sign
> At t a ched y o u wi l l
wit h y o u s oon . A Pasto t r ans lat ion will f ollow .
>
,. Loo ki ng forward t o hearing from you .
>
>
,.,. <<AIHRC letter Jan 07.doc»
>
:> Regards ,
>
> Tammy
> Maj or Tammy Tremblay
> Legal Advisor
> am Task Forc e Afghanistan ROTC 2
>
>
>
>

>
> you rece ve 8 e-rna y error,
:>P ease a v se t e sender an r eturn a l l cop i es o f the
> The rules applicable to the p r otection o f PROTBCTED B
> apply t o sol icitor-client information. > - >
>
>
>

Nov, 14, 2007 EV.DFAIT.OOO1.0067 1 of 1

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"I"a
 Dear Mr. Noorzai,
Afghan Independent Hwnan Rights Commission
Kandahar Office
Afghanistan

I have thehonour to refer to the Arrangement for theTransfer of Detainees Between the
Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan
Concluded in December 2005 which recognizes the legitimate role of the Afghan
Independent Hwnan Rights Commission within the territory of Afghanistan, including
withregard to thetreatment ofdetainees.

In recognition of this role, the Canadian Forces in Afghanistan, known as "Joint Task
Force Afghanistan", would like to notify the KandaharOffice of the Afghan Independent
Hwnan Rights Commission of the transfer of detainees by the Canadian Forces to Afghan
authorities based upon the following principles:

(a) The AlliRC will not disclose the infonnation provided to it by

Joint Task Force Afghanistan to anyperson other than:

(i) thenext ofkin of the detainee in question; or

{ii} the InternationalCommittee of the Red Cross.

(b) The AIHRC will not use the infonnation provided to it by Joint
Task Force Afghanistan for anypurpose that is not consistent with
its role and mandate under the Constitution of theIslamic Republic
of Afghanistan.

(c) The A1HRC undertskes to provide immediate notice to Joint Task

Force Afghanistan or the Canadian Embassy, should it learn that a
Detainee transferred by the Canadian Forces to Afghan authorities
has been ntistreated.

The Commander Joint Task Force Afghanistan will be represented by the Task Force
Provost Marshal for thepurposes ofdetainee transfer notifications to the Kandahar Office
of the A1HRC. Queties should be addresses to the office of the Provost Marshal.

I would be grsteful if the AlliRC could confirm its agreement with the terms laid out
above by acknowledging receipt of this letter.

T. Grant
Brigadier General
Commander
Joint Task Force Afghanistan

Nov. 14, 2007 EV OFAIT OOO 1.00s9 1 of 1

 Mueller, Bianca .JLH
From: Baldwin-Jones, Elizabeth -lOR
Sent: February 1, 2007 2:43 AM
To: Arbeiter, Richard -FTAG; Ahmad, Nadia-FTAG
Ce: Fairchild, David ·IRP ·FTAG; Buchan, Gavin -KANDH --GR; Burchett, Ian -SCM; Christoff,
James-FTAG; Naidoo, Nathan -KABUL; Colvin, RIchard -KABUl--GR
Subject: FW: Commander's letter to AIHRC re: provision of information on detainees

Importance: High

Attachments: AIHRC letter Jan 07.doc

A1HRC IettI!rJan
07.doc (21 KB...

Hi guys - Gavin gave me a heads u on this but I'm not clear that the text had been agre8d
by HO . There i s s ome d iscussion ongoing here s till re whether there should be a public
a f fai r s push on this . I'm o f two minds - the De tainee Transfer Arrrangement wa s signed
in Dec 05 - a high profile e vent now invites t he question , why did i t t ake us so long?
We'd c ert a i nly need t o have appropriate l ines in place.

- - - - -Or i g i na l Message -----

From: t r embl ay. t28force s. gc.ca [mai l t o :tr embl a y.t28fo r c e s . gc. c a ]
Sent : February 1 , 2 007 12 : 43 AM
To: Baldwin-Jones , Elizabeth - l OR
Sub ject: FW : Commander's letter t o AIHRC re : p rovi s ion of i n forma t ion on detainees

> deuxieme essai.

>
> - - ---Original Message- ----
> From: Trembla y Maj TeX-DCDS78Op Athena
> Sent : Thursday, I , Pebruary, 2007 09 :57 AM
> To : 'elizabeth.baldwik-joneseinternat ional.gc.ca'
> Sub ject: FW: Corrmande r ' s letter t o AIHRC re: provisi on of i n f orma t i on on detainees
>
> Eli zabeth,
>
>
> As d iscussed .
>
> Tanmy
>
> -----original Message-----
> From: Flavin LCdr TCPaX-DCDSS.cp Athena
> Sent : Thursday , 1 , February , 200 7 09: 37 AM
> To: Nairne Maj RweX-DCDSS.cp Athena
> Sub j e c t: Commande r' S lette r t o AIHRC re: provisi on o f i nforma tion on detainees
>

>------ - - - - - - - - - - - - - - - - - - - - - - - -----..,
> Ross,

Nov. 14, 2007 EV .OFAlT.OOO1.oo70 1 01 3

 - - -------- - ----,

>

> .«,..,-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _.....

>
> > <<AI KRC letter Jan 07.doc»
>
> Lieutenant - Commander T.e.p . (Thomas ) Flavin Senior Legal Advisor Task
> Force Afghanistan Ro t a 2

>
>

Nov. 14, 2007 EV.DFAIT.OOO1.0070 20f3

 Dear Mr. Noorzai,
Afghan Independent Human Rights Commission
Kandahar Office
Afghanistan

I havethehonour to refer to theArrangement for the Transfer of Detainees Between the

Canadian Forces and the Ministry of Defence of the Islamic Republic of Afghanistan
concluded in December 2005 which recognizes the legitimate role of the Afghan
Independent Human Rights Commission within the territory of Afghanistan, including
with regard to the treatment of detainees.

In recognition of this role, theCanadian Forces in Afghanistan, known as "Joint Task

Force Afghanistan". would like to notify the Kandahar Office of the Afghan Independent
Human Rights Commission of the transfer of detainees by the Canadian Forces to Afghan
authorities based upon the following principles:

(a) The AIHRC will not disclose the information provided to it by

Joint Task Force Afghanistan to any person other than:

(i) the next ofkin of the detainee in question; or

(ii) the International Committee of the Red Cross.

(b) The AIHRC will not use the information provided to it by Jcint
Task Force Afghanistan for any purpose that is notconsistent with
its roleand mandate under the Constitution of the Islamic Republic
of Afghanistan.

(c) The AIHRC undertakes to provide immediate notice to Joint Task

Force Afghanistan or the Canadian Embassy. should it learn that a
Detainee transferred by the Canadian Forces to Afghan authorities
has beenmistreated.

The Commander Joint Task Force Afghanistan will be represented by the Task Force
Provost Marshal for the purposes of detainee transfer notifications to the Kandahar Office
of the AIHRC. Queries should be addres ses to the office of the Provost Marshal.

I would be grateful if the AIHRC could confirm its agreement with the terms laid out
above by acknowledging receipt of this letter.

T. Grant
Brigadier General
Commander
Joint Task Force Afghanistan

Nov. 14, 2007 EV . OFAIT.OOO1 .00 70 3013

 Mueller. Blanca -JLH
From: Baldwin-Jones, Elizabeth -lOR
Sent: February 1, 2007 4:20 AM
To: Baldwin-Jones, Elizabeth ~IDR ; Arbeiter. Richard -FlAG; Ahmad. Nadia -FlAG
Ce: Fairchild, David ·IRP -FlAG; Buchan, Gavin -KANDH -GR; Burchett, Ian -SCM; Christoff,
James -FTAG; Naidoo, Nathan -KABUL; Colvin, Richard -KABUL -GR
Subject: RE: Commander's letterto AIHRC re: provision of information on detainees
Importance: High

Have spoken with the PAFO who is working on media lines t o g o up through the chains back
there - we had a g ood c hat about what should go in. The TFA view is t hat this should be
l ow profile and l ocal media only (which will get picked up in Canada no doubt). Lines
will address the delay issue and po i nt t o the agr eement by the GOA t o allow access to
both the ICRC and AIHRC, t h e ICRC was being notified by Canada, the AIHRC does have
acc e s s already to GOA facilities and that it was appropriate to review the functi oning o f
the detainee t r ans f e r arrangement a year on.
Which brings me to naother question - is there a similar notification already in place in
Kabul, if not, should there be .
Regards ,
EBJ

-- ---original Message- - - - -
From: Baldwin-Jones, Elizabeth - I DR
Sent: February I, 2007 2: 43 AM
To: "Arbe i t e r , Richard -FTAG; Ahmad, Nadia -FTAG
Cc: Pairchild, David -IRP -FTAG; Buchan, Gavin - KAHnH -GR; Burchett, Ian -BCM; Christoff,
James -FTAG; Naidoo, Nathan -KABUL; Colvin, ' Richard - KABUL -GR
Sub ject: PW : Commander's letter t o AIHRC re: provision o f information on detainees
Importance: High

Hi guys - Gavin gave me a heads u on this but I'm not clear that the text had been agreed
by HO. There is s ome discussion ongoing here still re whether there should be a public
a f fa i r s push on this. I'm o f two minds - the Detainee Transfer Arrrangement was signed
in Dec 05 - a high profile e vent now invites the question, why did it take us s o long?
We'd c e r t ainl y need t o have appropriate lines in pla ce.

- - - - - Original Message-----
From : tremblay .t28forces.gc .ca [mailto : • • • • • • • • • • • • • •
Sent: February 1, 2007 12:43 AM
To: Baldwin-Jones, Elizabeth -IDR
Subject : FW: Commander's letter to AIHRC re : provision o f information on detainees

> deuxieme essai .

>
> -- ---Original Message-- - - -
> Prom: . Tremblay Maj NX-DCDS7ttOp Athena
> Sent: Thursday, 1, Pebruary , 2007 09 :57 AM
> To: 'elizabeth .baldwik-jones8international.gc.ca'
> Subject: FW: Corrmander's letter to AIHRC re: provision o f information on detainees
>
> Blizabeth,
1

Nov. 14, 2007 EVOFAITOOO 1.007 1 1 012

 >
>
,. As discussed .
>
> T"""'Y
>
> -----Original MeBsage-----
> From : Flavin LCdr TCPitX-DCDSSlIOp Athena
> Sent: Thursday, 1, February , 2007 09 :37 AM
> To: Nairne Maj RWftX-DCDB541Op Athena
> Subject: Coomander's letter to AIHRC re: provision of information on detainees
>
,. R Q.8S_" - ..
>

>
>
om,- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -'-.....
> > <<AI HRC letter Jan o7 .doc»
>
> Lieutenant-Commander T.e .p . (Thomas) Plavin Senior Legal Advisor Task
,. Porce Af hanistan Roto 2

>
>

Nov. 14, 2007 EV.DFAIHlOO 1.0071 2012

 Mueller, Bianca -JLH
From: nalme.rw2@forces.gc.ca
Sent: February 19, 2007 6:30 AM
To: Buchan. Gavin -KANOH -GR
Cc: connor.gm2@forces.gc.ca; madic.pd2@forces.gc.ca; murray.slm@forces.gc.ca;
marquis.jc@forces.gc:.ca; IMCEAX4OO-c=CA+3Ba=GOVMT+2ECANAOA+3Bp=DND+
2EMDN+3Bo=Deployed+3Bs=Smith+3Bg=James+3BI=JW+3Bou1 =X-OCOS7+
3B@forces.gc.ca; siepka.mk2@forces.gc.ca
SubJoct: RE:AIHRC Agreement
Attachments: AIHC Letter dated 20 FEB 07.pdf

AIHC Letter dated

20 FEB 07.pcI•••
Gavin, the AIHRC letter has been signed. The Comd should be at the PRT on
Friday (s pe ak with Capt Marquis or Capt Smith who have the details) . I think this 1s the
opportune time to plan something. Rebecca will bring the original for presentation to
Engineer Noorzai.
Ross
-----original Message-----
From: Gavin .Buchanainternational.gc.ca
[mailto :Gavin.Buchan.international.gc.cal
Sent: Sunday, 18, February, 2007 22:47 PM
To: Nairne Maj RWIiX-DCDSSeop Athena
Cc: Connor LCdr GM4tX-DCDS71iOp Athena; Madic Maj PDliX-DCDS7t1Op Athena; Murray Maj SLMtIX-
DCDS7.cp Athena
Subj ect : RE: AIHRC Agreement

Hi Ross,

My own reconmendation would be that the Comd sign ebe letter but then look for an early
opportunity to present it to Engineer Noorzai i n person (perhaps inviting him to KAF, or
meeting him at the PRT) . That would provide an oppor t uni t y to reaffirm ou r support for
their work.

At the same time the final call has been to go with no media coverage, Afghan or
Canadian, so the handover would have to be behind closed doors .

Does your Legad have the final copy o f the letter? If he does , I would suggest you get it
s igned so we are ready to go when the time comes.

Cheers,
Gavin

-----Original Message-----
From: nairne.rw2liforces.gc.ca [mailto:nairne.rw2.forces.gc.ca]
Sent: Pebruary 17, 2 007 1:37 PM
To: murray .slm8forces.gc. ca
Cc: Buchan, Gavin -KANDH -OR; connor .~ .forces.gc .ca; madic.pd2liforces .gc.ca
Subject: 0 : AIHRC.Agreement

Thanks Steve ,

I can certainly have the Comd sign
was originally discussed there was
the letter with Engineer Noorzai .
approach this. Certainly the Comd
the letter and forward to the PRT. I guess when this
an indication the Comd would go to the PRT and sign
The PRT was going t o confirm how they wanted to
wanted this to be low key from a Canadian news media
1

Nov. 14, 2007 EV,OFAIT.OOO1.oon 101 4

- - - - - - -- - - - - - - - - - - - - - - - - - -- - - - - - - - --

perspective but was open t o l o cal Afghans.

Ross

> - - - - - o r i g i nal Me88age-----

> From: Murray Maj SLMliX-DCDS78Op Athena
> Sent: Friday , 16 , February, 2 0 07 14:20 PM
> To : Nairne Maj RW/IX-DCDSSeQp Athena
> Cc: Gavin Buchan (B-mail) , (B- ma il ); Connor LCdr GMrIX-DCDS7iK>p
Athena; Madic Maj PI)(IX-DCDS711Op Athena
> Subj ect : RB: AIHRC Agreement
>
> RoSB,
>
> I'm Borry to be slow getting back to you on this. I just confirmed
with Gavin Buchan that this is not intended to be a media event in any way . The let tar
has been drafted and is apparently ready for BGen Grant's signature. The signed letter
then needs t o be delivered to Engineer Noorzal . It could be arranged for BGen Grant to do
this himself, or the letter could be delivered by PRT CO, Pol Dir, o r LBGAD.
HOpe I'm not telling you something that you already know.
>
> S.L .M. Murray
> Maj
> DCO KPRT

>
> -- ---Original Message- - - --
> Prom: Nairne Maj RWitX-DCDSSeop Athena
:> Sent: Tuesday, 13, February, 2007 22:26 PM
:> To : Murray Maj SLMlIX-DCDS7f1Op Athena
:> Subj ect: AIHRC Agreement
>
:> Steve ,
>
:> This was a hot issue about a week ago but has since died down.
Do you know where it stands in terms of an event that would Bee the docwnent signed?
>
:> Ross
>
:> R.W. Nairne
> Maj
:> BA Comd JTF-A£ghanistan
>
>
>
>
>
>
>

Nov 14, 2007 EV .DF AIT .OOO1.0072 2 of 4

 Heod_
Join! TaokForce AfghaniIlBrl
KandahorAlrfteld
PO 8011 506& Sin Forca
a.ar..1h. ON KaN 5VtI

;.JJ Februery2007
Mr. Noorzai
Afgban Independent Human Rights Commission
Kandahar Office
Afghanistan

JOINTTASK FORCE AFGHANISTAN •

AGREEMENT TO NOTIFYTHE
AFGHAN INDEPENDENT HUMAN RJGIITS COMMISION {AWCl

1. I have the honour to refer to theArrangement for theTransfer ofDetainces Bctwc:c:n the
CanadianForces and the MinisttyofDefence of the Islamic Republic of Afghanistan concluded
in December2005, which recognizes the legitimate role of the Afgban Independent Human
Rights Conunission (AIHRC) withinthe territory of Afghanistan, including with regard to the
treatment of detainees.

2. In recognition ofthis role, theCanadian Forces in Afghanistan, known as "Joint Task

FOTCe Afghanistan", would like to notifythe Kandahar Officeof the Afghan Independent Human
Rights Commission of the transfer ofdetainees by the Canadian Forces to Afghan authorities
based upon the following principles:

a. The AUiRC will notdisclose theinformation provided to it by Joint Task Force

Afghanistan to any personother than:
(1) thenextorkin of tile detainee in question; or

(2) the Interilational Committee of the Red Cross.

b. TbeAlHRC will not use the infurmation provided to it by Joint Task FOTCe
Afghanistan for anypurpose that is notconsistent with its role and mandate under
theConstitution of the Islamic Republic of Afghanistan.

c. The AIHRC wtdcrtakes to provide immediate notice to Joint Task Force

Afgbanistan or the Canadian Embassy, sbeuld it learn that a Detainee tranafened
by the Canadian Forces to Afghan authorities has been ntistreated.

112

Nov. 14, 2007 EV .DFAIT.OOO1 .0072 301 4

i' 10 i' zzoo ~ OOO - 1 1"' :::I O -1\ 3 .tOOl ' i' ~ -.-.oN

~ ......
•

3. TheTaskFcm:e Provost Marshal wi11,ep'OSCI1t the"Commond<rloint TIlIlk Forte

AfatwUstan for the purposesofd _ tronsfcr notifications to the Kaoetabar Oflioe ofthe

4. I would be groteM ifthe AIHRC could confirm Its

above by a<;ilnowledglng rooeipt of this letter.
_cot
AIHRC. Queriesshould be addresses to the office of the Provost Marshal.
with the tams laid out

4
TJ.
. ..... +-
Bripdier-Galeral
Commaoder

'1J2
 Mueller, Blanca .JLH
From: murray.slm@forces.gc.ca
Sent: February 16. 2007 4 :50 AM
To: naime.rw2@forces.gc.ca
Cc: Buchan, Gavin -KANDH --GR; connor.gm2@forces.gc.ca: madic.pd2@forces.gc.ca
Subject: RE: AIHRC Agreement

Ross ,

I 'm s orry t o be slow getting back t o you on this. I just confinned with Gavin Buchan that
this is not intended t o be a media event in any way. The letter has been drafted and is
apparently ready f or BGen Grant 's s ignature . The s igned letter then needs to be delivered
to Engineer Noorzal . It c ou l d be arranged f or BGen Grant to do this himself, or the
letter cou l d be delivered by PRT CO, Pol Dir , or LEGAn . Hope I' m not telling you
something that you already know.

>
> -- - - -Or i g i na l Message-- ---
> From : Nairne Maj RW.X-DCDS5<tOp Athena
> Sent : Tuesday , 1 3 ; February. 2007 22 : 26 PM
> To : Murray Maj SUMX-DCDS7t1Op Athena
> Subj e et : AIHRC Agreement
>
:> Steve,
>
> This was a bot i s s u e about a week ago but has since died down . Do you know where it
stands in terms of an event that would see the document signed?
> -,
:> Ross
>
:> R.W. Nairne
> Maj
:> BA Comd .:rTP-Afghanistan
>

Nov. 14, 2007 EV.DFAIT.OOO1 .oo73 1011

 Mueller, Bianca -JLH
From: connor.gm2@forces.gc.ca
Sont: February20.20075:47 AM
To: Buchan, Gavin -KANOH -GR
Subject: FW: AIHRC Agreement

Importance: High

Attachments: AIHC Letterdated20 FEB07.pdf

AIHC Letter dated

20 FEB 07.peI...
Gavin:

Nov. 14, 2007 EV.DFATT.OOO1.007 4 1 of 3

 ,

Qua<tie< g6....
Foroo~ _ ... AfghanIstan
TerraincfavlatlOn de Kandahar

liP5058 Suo: F~
BthvIIe ONK8N 5Wll

J.fJ February 2007

Mr. Noorzai
Afghan IndependentHuman Rights Commission
Kandahar Office
Afghanistan

JOINT TASK FORCE AFGHANISTAN -

AGREEMENT TO NOTIFY THE
AFGHAN INDEPENDENT HUMAN RlGlUS CQMMISION CAIHRCl

I. [have the honour to . . to the AtTanganent for the Transferof Detainees Between the
Canadian Forces and the MinistryofDefenceofthe Wamic Republicof Afghanistan concluded
in December 2005, which recognizes the legitimate role of the Afghan Independent Human
Rights Commi..ion (AIHRC) within the telritory ofAfghanistan, including with regard to the
treatment of detainees.

2. In recognition of this role, the Canadian Forces in Afghanistan, known as "Joint Task:
Force Afghanistan", would lilce to notifY the Kandahar Officeofthe Afghan Indep«tdenl Human
Rights Commission of the transfer of detainees by theCanadian Forces to Afghan authorities
based upon the followingprinciples:

a. TheAlHRC will out disclose the infonnatioo provided to it hy Joint Task Force
Afghanistan to any person alb« than :

(I) the next ofkin of the d _ in questioo; or

(2) the International Committee of the Red Cross.

b. TheAIHRC will out use the information provided to it by Joint Task Force
Afghanistan foranypurpose that is notconsistent with itarole and mandate tmder
the Constitutionof the lslataic Republicof Afghanistan.

c. TheAIHRC undertakes to provide immediate notice to Joint Task Force

Afghanistan or the CanadianEmb...y, should it learnthat a Detaineetransferred
by the Canadian Forces to Afghanauthorities has been mistreated.

1/2

Nov. 14, 2007 EV.DFAIT.OOOl ,0074 2013

z
~
-g
f>
•. .
~

3. TheTask F<m:e Provost Marshal willlepi lent the Q>mmanc!er Joint Talt Force
AfabmillUt for the puIpOSeS of dCCliDce transfer notifiClliOllS to the K.nd.har Offioeof the
AIHIlC. Queries should be addresses to the office of the Provost MmhaI.

4. I would be grateful iftbe AIHRC could COIIfirm its aareement with the terms laid out
lIbove by a5lF0wledgina receipt of this lett«.

4 /\_-+-
TJ.Wt.t
Bripdier-GcDeraI
Commauder

~
§
~
~

2f2

a
~ I
 Page 1 of3

Mueller, Blanca .JLH

From: Laporte, Eric -lOR

Sent: February 28, 2007 7:26 PM
To: Christoff, James -FTAG; BOS M; 'duschner.g@forces.gc.ca'; NoIke, Sabine -JLHA; Nguyen,
Ml -IRH -GHA; Golberg,Elissa -IRH -GHA
Cc:: Ahmad, Nadia -FTAG; Beck, Stefanle·IDR; Poupart, Isabelle -lOR; McRae, Robert -100;
Dickie, Ambra -SCM; Buchan. Gavin -KANDH -GR; Colvin, Richard -KABUL -GR
Subject: AIHRC Letter - Public Release
Attachments: AIHC Letter dated 20 FEB 07.pdf

Jamie,

I think your response is absolutely correct.

Colleagues,

In light of message below, grateful If addressees could indicate by no later than noon tomorrow. TbursdlY
March 1, whether there are any objections to making the contents of the attached Jetter available publicly? In the
meantime, MiekelGabrielle, given that the letter stipulates that the JTF-A Provost Marshall represents the
Commanderfor the purposeof detainee transfer notifications, could DNOenquirewith the AIHRC to see If they
would have any objectionsto its release? (Alternatively we could ask through KANDH-PRT to enquire)

Drafted/Released: 10RlLaporte
Consulted : 100, 10RIBecklPoupart

From: Christoff, James -FTAG

Sent: February 28, 2007 5:29 PM
To: Laporte, Eric -lOR
CC: Ahmad, Nadia -FTAG
SUbject: RE: AFGHANISTAN: Canada signs deal with Afghan human rights body over detainees' treatment

Eric,

Wire story below is generatingsome interest- CSC has called asking If we can make public a copy of the
arrangement. I assume the answer is "No, not withoutthe permlsslon of the co-signatory" - but can you confirm.7
If no, follow-up questionswill likely be 'Will we seek the necessary permission to release the details of the
arrangement?"

From: Christoff, James -FTAG

sent: February 28, 20074:51 PM
To: Laporte, Eric -lOR; Golberg, Elissa -IRH -GHA
CC:Ahmad,Nadia-FTAG
SUbject: FW: AFGHANISTAN: Canada signs deal with Afghan human rights body over detainees' treatment

From: Media Monitoring 1 Surveiliance Medias (SCM)

sent: February 28, 2007 4:48 PM
To: *FTAG; Townson, Colin -FTAG; Juneau, Jean-Pierre -BNATO -HOM/COM; Fox, James -RGM; Gilmour, Wendy

2007/05/08

Nov 14, 200 7 EV.DFAIT.OOO1.0075 1 016

 Page 2 of 3 .

·IRP; Nelson, David ·VPERM -GR; EXTUTT (RAO); EXTUTT (IDe); EXTOTT (100); EXTOIT (lOR); EXTUTT (151);
EXTUTT (ISR); EXTOTT (ISRA); Brown, catl1erlne·PRMNY -GR; EXTUTT (IFM); EXTUTT (CNS); EXTOIT (RGM);
Etzinger, Bernard -WSHDC -WS ·PA; Burgess, Anne -BNATO --GR; Visutskle, James -SPORE -AG -cs; Crowe,
Robert -ISRK; MacKay, Brian -ISR; Dupere, Louise -PIO; Poupart, Isabelle -lOR; Uriarte, Steven -eNS;
EbrahlmkhaU, Nasir -KABUL-DA; Plnnlngton, Philip -BNATO -GR; Lavlgueur, Melling -eNO; ubront, Linda -KABUL
-DA; Sproule, David -KABUL -HOM/COM; Baldwin-Jones, Elizabeth -lOR; David, Jeff -SHNGI -CS -AG; Fink, John -
CNE; Laporte, Eric -lOR; Norfolk, Adrian -DELHI -GR; L.afleur, Marle-Josee -IRP; Fairchild, David -IRP -FTAG;
Boucher, catherine -BREU -GR; Collins, David -ISBAD -HOM/CDM; Teo, Owen .-oJGNY -GR; Henault, Patric k-
BNATO -GR; Hodgins, Glen -RAS; Allen, Jon -TAW -HOM/CDM; Chapin, Paul -IRD; Richardson, Marl< -rcr:
Bowman, Alan -PRMNY -GR; KABUL (Security); OSOr1o, Diego -IRP; Lavigne, Michel -IRP -FSDN; Laker, Marlna -
IRP; Gudinskas, Lukas -IRP; *FMCG; Goupil, Chantal -PCO/BCP GAS-SAl; PaquIn, Bob -RPD; Bloodworth,
Catherine -KABUL -GRi CoMo, Richard -KABUL -GR; Wrong, Rosemary -IRQ; Burdette, Marcia -IRPj 'de isler@pco-
bcp.gc.ca'; O'lrlstoff, James -FTAG; Rekhi, Ayesha -DELHI -GR; MacKechnle, Nancy -eNS; Hera, Tudor -IRP;
BumelkJones, Alison -FSDN; Adler, Jeremy -IFM; 'Jmalana@bnet.pco-bcp.gc.ca'; 'Jrobertson@bnet.pco-
bcp.qc.ce'; Naidoo, Nathan ·KABUL; Isfeld, Pamela -IRPi Foss, Karen -IRP; ~robertson @bnet.pco .gc.ca';
'Jrollertson@pco-bcp.gc.ca'; 'Ipallascio@bnet.pco.gc.ca'; 'Ipallascio@pco-bcp.gc.ca'; 'cdellapenta@bnet.pco.gc.ca';
'cdellapenta@pco-bcp.gc.ca'; 'd<Xlok@bnet. pco.gc.ca'; 'd<Xlok@pco-bcp.gc.ca'; 'ssarault@bnet.pco.gc.ca';
McDonell, Derry · RPE; Doire, Nicolas -Q.IS; Alexander, Vera -PCO; Cooter, Ol ris -BNATO -GR; Kumar, Apeksha -
lOR; Netley, Rebecca -W5HDC -GR; Dugas, Daniel -MINA; Throop, Paul -MINA; Femet, Marian -MINAi MacDonell,
John -MINA; Thorpe, Lara -MINA; Ops OflIcer/Agent des operations (CNE); Paquette, Serge -eNE; Corcoran,
SCott -eNE; O'Connor, Eric <NE; Desjardins, Robert<NO; Harris, Helen -CND; Media Monitoring I Surveillance
MediaS(BCM); Thomsen, Ullian -DCO; Pitre, Usa -BCMi Beaulieu, nejeen -BCM; Savard, Isabelle -RGM; Belanger,
Nathalie -BCF; Braun, Warren -BCF; De Mora, Joseph -BCF; Mlndak, Isabella -BCF; MoreI-iH'Huissier, Laurent-
BCF; Shrestha, Nlva -BCF; Ward, Stella -BCF; Welchel, carol Ann -BCF; Gou~ Lynn -DeL; 'gjack@bnet.pco-
bcp.gc.ca'; RGM-Duty OflIcer/Agent de service (RSV); 'Iparvanova@bnet.pco-bcp.gc.ca'; Christoff, James -FTAG;
Lamonde, Yannlck -IGX; Battlstone, Courtney -MlNA; Mulroney, David -DMA; 'FDPDuty@bnet.pco-bcp.gc.ca';
Obhral, Deepak -MINA; 'dbrown@bnet.pco-bcp.gc.ca'; Backman, Lise -WSHDe -WS -PA; Gagnon, Jcsee -DCB;
Dare, Laurence -MINAi Dodds, Elizabeth -MINA; Lessard, Jcsee -MINA; Latulippe, Alai" -MINAi eorrren,
Olrlstopher -MI NAi Reeder, Neil-BCD ; Burchett, Ian -BCM; Lemay, Andre -MI NA; Oviedo, Trina -Del; Home,
William -BCF; Blouin, Daniel -BCM; 'mforeman@bnet.pco-bcp.gc.ca'; Nguyen, Bernard -BCM; Dickie, Ambra -BCM;
cecchcoe, Alain ~ BCM; DesRoches, Christian -BCF; Trepanier, Nathalie -BCF; Gagnaire, Catherine -BCM; Johnson,
Erfc -MINAi Ulkoff, Marie-Olristlne -SCM; Cantln, Marle-Danlelle -eNS; Latour, MyJene -eNS;
'guergh8@parf.gc.ca'; Moore, Rodney -BCM; Kroeker, Jeffrey -55fT; Kroeker, Jeffrey -55FT; Termorshulzen,
a ndy -PCO; 'jpantha ky@bnet. pco-bcp.gc.ca'; O'Shaughnessy, Michael-8CF; Fox, James -RGM; Henderson,
Jenlfer -RGM
Sublett: AFGHANIsrAN : canada siigns deal_ Afghan human rlights body over detainees' treatment

Canada signs deal with Afghan human rights body over

detainees' treatment
DatelTime: 2128/07 4:39 :00 PM Keywords: URGENT-Afgh8n-ed.-Det8ln Word Count: 0208

KANDAHAR, Afghanistan (CP) -Afghanistan's Human Rights Commission

in Kandahar has agreed to act as watchdog for detainees captured by
Canadians to ensure that valid complaints of abuse are investigated.

The Canad ian Press has leamed that the new agreement gives
potential victims a way to get their complaints of abuse documented
and presented to enher Canadian authorities or Afghan courts for
prosecution.

Abdul Quadar Noorzal , the Kandahar manager of the Afghanistan

Human Rights Commission, says complaints will have to be well

2007/05/08
Nov. 14, 2007 EV.DFAIT.OOO1.0075 2016
 Page 3 of 3

founded before they are taken seriously.

The agreement addresses some of the ooncems raised by human

rights groups regarding the practice of handing Tallban prisoners
over to Afghan authorities who have a reputation for torture. The
deal oould also take some heat out of a bum ing debate over
allegations that Canad ian troops abused detainees last spring.

Noorzal praises the agreement signed last Friday with Brig.-Gen.

TIm Grant, oommander of Canadian troops in Afghanistan. He says ~
shows Canadians respect human rights .

Not for redistribution out8lde FAC and ITCan I Document' distribution au seln d'AEC I Clean
••ulement.
Contact Media Monitoring I Survemanee M6dlu (BCM) for distribution list adjustments.
Veuillez contaeter Media Monitoring I Surveillance M6dlu (BCM) pour tout aJuatement • Ie nete de
distribution.

Jean-Ren' L.agec6
Media Relations Office I Bureau des relations avec les m6dias
Media Monitoring I Surveillance des m6dias (BCM)
Tel: (613) 944-1284
Fax: (613) 995-1405

2007/05108

Nov. 14. 2007

Nov. 14, 2007 EV.DFAIT.OOO1 .oo 75 401 6
 --
Joint Teok Force AIghanl$ton
Kandahar Airfield
Clua1lerg6nP1
Force ~ _600 Afghonlstan
Terrain d'avlBtion de Kandahar

;.tJ February 2007

Mr. Noorzai
Afghan Independent Human Rights Commission
Kandahar Office
Afghanistan

IOINTTASK FORCEAFGHANlSTAN-
AGREEMENT TO NOTIFY THE
AFGHAN INDEPENPENT HUMAN RIGlITS CQMMISIQN {A!!!RCl
I. [have the honour to refer to the Arrangement fur the Transfer of Detainees Between the
Canadian Forces and the Ministry of Defence ofthelslamie Republic of Afghlllistan concluded
in December 2005, which recognizes the legitimate role of the Afghan Independent Human
Rights Commission (AIHRC) within the territory ofAfghllli.tan, including with regard to the
treatment of detainees.

2. In recognition of this role, theCanadian Forces in Afghanistan, known as"Joint Task

Force Afghanistan", would like to notify the Kandahar Office ofthe Afghan Independent Human
Rights Commission of the transfer ofdetainees by theCanadian Forces to Afghan authorities
based upon the following principl..:

a. The me will not disclose theinformation provided to it by Joint Task: Force

Afgbanistan to any peraon oth«lhan: .

(I) the next cfkin of the detainee in questio~ or

(2) the Interilatiooa! Committeeof the Red Cross.

b. The AIHRC will notuse the infonnatioo provided to it by Joint Task Force
Afghanistan foranypurpose that is notconsistent with its roleand mandate Wlder
theConstitution of the Islamic: Republic of Afghanistan.

c. The AIHRC undertakes to provide immediate notice to Joint Task Force

Afghanistan or the Canadian Embassy, should it learn that a Detain.. tr1UUfaTed
by the Canadian Forces to Afghan authoriti.. has been mistreated,

1/2

Nov. 14, 2007 EV.OFAIT.OOO1 .0075 5016

 ,
,

3. The Tuk Fcm:e Provost Manha1 will iejJi-.tth.eomm....... lointTosI<Foree

Afabanistan forthe purposes ofdctaiDee tramfer notifications to tbe Kand.bar Office of the
AlHRe. Querico shouldbe _ to the office of the Provost Manha1.

TJ. 1
Bripdi...-<JcceraI
Command...

212

Nov. 14 , 2007 EV.OFAIT.OOO1 .0075 6016

 _ _ _ _ _ _ _ __ _ _ ___ __ _ _ n ----,

... Page 1 of 4

Mueller, Blanca ..JLH

From : BOS.M@forces.gc.ca
Sent: March 2, 2007 10;08 AM
To : Buchan, Gavin -KANDH -GR; Laporte, Eric -lOR; DUSCHNER.G@forces.gc.ca
Cc: Ahmad , Nadia -FTAG; Beck. Stefanle -lOR; Poupart. Isabelle -lOR; McRae, Robert -100; Dickie ,
Ambra -SCM; Colvin, Richard -KABUL -GR; Christoff, James -FTAG; Nolke, Sabine ..JLHA;
Nguyen , Mi -IRH -GHA; Golberg, Elissa -IRH -GHA; connor.gm2@forces.gc.ca;
Benjamin.MB@forces.gc.ca; Raider.M@forces .gc.ca
SUbject: RE: AIHRC letter - Public Release

Gavin. Eric. Gabrielle.

MND insists on having formal agreement from the AIHRC before tabling the doc in Parliament. He also wants B
Gao Grant to formally sign the French version. I'll send the translation over to Eric (for DFAIT vetting) and
Gabrielle for forwarding to theatre shortly.

Thanks for your cooperation.

Mieke

- ---origInal Message----
From : Gavin ,Buchan@lntematlonal,gc,ca [malllo:Gavin,Buchan@lntemalional,gc,cal
sent: Thursday, 01 March, 2007 14:04
To: ErIc.Laporte@lntemallonal.gc.ca
ceo Nadla,Ahmad@lnlematlonal,gc,ca; Stefanle.Beck@lnlematlonal,gc,ca;
Isabelle.Poupart@lntemational.gc:.ca; Robert.McRae@lntematlonal.gc.ca;
Ambra.Olckle@lntemational.gc.ca; R1chard.Colvin@Intemational.gc.ca;
James,O"ls1llf\'@lnlematlonal,gc,ca; 80s M@ADM(PoI) D NATO PoI@Dllawa-Hull; Duschner G@CEFCOM
HQ@Ottawa-Hull; Sablne.Nolke@lntemational.gc.ca; Mi.Nguyen@lntemational.gc.ca;
EUssa.Golberg@lntematlonat.gc.ca; COnnor LCdr GM@X-DCOS7@OpAthena
Subject: RE: AIHRC LeIter - Public Release

Eric,

During conversations with the AIHRC back in October, Novemberand December they were eager to bring
maximum visibility to the agreement, and wanted to see it published. I would be very surprised If that
enthusiasm has diminished, because during the presentation ceremony they said they would like to use the
text as a precedent to convince other countries (UK, US, Netherlands) to follow SUit, and publish ing it
wo uld serve that goal.

If you need the PRT to contact A1HRC to formally confirm their willingness, please advise.

KANDHlBuchan

From: Laporte, Eric -!DR

sent: February 28, 2007 7:26 PM
To: O1r1stoff, James · FTAG; 80S M; 'duschner.g@forces.gc.ca'; NoIke, Sabine -JlHA; Nguyen, Mi -IRH-
GHA; Golberg, Elissa -IRH -GHA
ceo Ahmad, Nadia -FrAG; Beck, Stefanle -!DR; Poupart, Isabelle -!DR; McRae, Robert -100 ; Dickie, Ambra
·BCMi Buchan, Gavin -KANDH -GR; COMn, Richard ·KABUL-GR

2007/05/08
Nov, 14. 2007 EV.DFAIT.OOO1 .oo78 1 of 4
 Page2of4 ..

Subject: AIHRC Letter - Public Release

Jamie,

I think your response is absolutely correct.

Colleagues,

In light of message below, grateful if addressees could indicate byno later than noon tomorrow.
Thursday March 1. whether thereare any objections to making the contents of the attached letter
available publicly? In the meantime. Mieke/Gabrlelle, given that the letter stipulates that the JTF-AProvost
Marshall represents the Commander for the purpose of detalnee transfer notifications, could DND enquire
with the AIHRC to see if they would have any objections to its release? (Alternatively we could ask through
KANOH-PRT to enquire)

Drafted/Released: IDRIlaporte

Consulted: 100. IDRlBecklPoupart

From: Outstoff, James -FTAG

sent: February 28, 2007 5:29 PM
To: Laporte, Eric -lOR
CC: Ahmad, Nodla -FTAG
Subject: RE: AFGHANISTAN: canada signs deal_ Afghan human rights body over detainees' treatment

Eric,

Wire story below is generating some interest - esc has called asking if we can make public a copy of the
arrangement. I assume theanswer is"No, not without the permission of the co-signatory" - but can you
confirm.? If no, follow-up questions wllllikely be "Will we seekthe necessary permission to release the
details of the arrangem~mt?"

From: Cuislllft', James -FTAG

sent: February 28, 2007 4:51 PM
To: Laporte, Eric -lOR; GoIbe!9, Bissa -IRH -GHA
ce: Ahmad, Nodla -FTAG
Subject: FW: AFGHANISTAN: canada signs deal with Afghan human rights body over detainees'
treatment

From: Media Monitoring / 5urvelilance Medias (SCM)

sent: February 28, 2007 4:48 PM
To: *FrAG; Townson, COlin -FrAG; Juneau, Jean-Pierre ·BNATO ·HOMjCDM; Fox, James -RGM; Gilmour,
Wendy -IRP; Nelson, David ·\/PERM -GR; EXTOTT (RAe); EXTOTT (IDC); EXTOTT (100); EXTOTT (lOR);
EXTOTT (151); EXTOTT (15R); EXTOTT (I5RA); Brown, catherine -PRMNY -GR; EXTOTT (IFM); EXTOTT
(eNS); EXTOTT (RGM); Etzinger, Bernard -WSHOC -WS-PA; Burgess, Anne -BNATO -GR; V1sut:skle, James
-SPORE -AG -C5; Crowe, Robert -ISRK; MacKay, Brian -ISR; Dupe,", louise -PIO; Poupart, Isabelle -lOR;
Uriarte, Steven -eNSj Ebrahimkhail, NasIr -KABUL · DA; Plnnlngton, Philip -BNATO -GRj Lavigueur, Meillng -
CNOj Llbront, Linda -KABUL -DA; Sproule, David -KABUL -HOM/CDM j Baldwin-Jones, Elizabeth -lOR;
David, .Jeff -SHNGI -cs -AG; Fink, John -cNE; laporte, Eric -lOR; Norfolk, Adrian -DELHI -GR; Lafleur,

2007/05/08
Nov, 14. 2007 EV.DFAIT.OOO1 ,0078 2 014
 Page 3 of 4
.- ·."
Marie-Josee -IRP; Fairchild, David -IRP -FrAG; Boucher, catherine -BREU -GR; Collins, David -ISBAD -
HOM/COM; Teo, Owen -cNGNY -GR; Henauk, Patrick -BNATO -GR; Hodgins, Glen -RAS; Allen, Jon -TAW
-HOM/COM; Chapin, Paul -IRO; Richardson, Mark -rcr. Bowman, Alan -PRMNY -GR; KABUL (security);
Osorio, Diego -IRP; lavigne, Michel -IRP -FSDN; Laker, Marina -IRP; Gudinskas, Lukas -IRP; *FMCG;
Goupil, Chantal -PCO/BCP GAS-SAl; Paquin, Bob -RPDi Bloodworth, catherine -KABUL -GR; Colvin, RIchard
-KABUL -GR; Wrong, Rosemary -IRO; Burdette, Marcia -IRP; 'deisler@pco-bcp.gc.ca'; Christoff, James -
FfAG; Rekhl, Ayesha -DELHI -GRi MacKechnie, Nancy -CNS; Hera, Tudor -IRPi Burnell-Jones, Alison -
FSDN; Adler, Jeremy -IFMi 'Jmalana@bnet.pco-bcp.gc.ca'; 'Jrobertson@bnet.pco-bcp.gc.ca'; Naidoo,
Nathan -KABUL; Isfeld, Pamela -IRP; Foss, Karen -IRP; 1robert5on@bnel.pco.gc.ca'; 'jrobertson@pco-
bcp.gc.ca'; 'Ipallasclo@bnet.pco.gc.ca'; 'Ipallasclo@pco-bcp.gc.ca'; 'cdellapenta@bnet.pco.gc.ca';
'cdellapenta@pco-bcp.gc.ca'; 'dcook@bnet.pco.gc.ca'; 'dcook@pco-bcp.gc.ca'; 'ssarauk@bnet.pco.gc.ca';
McDonell, Deny -RPE; Dolre, Nicolas -mS; Alexander, Vera -PeO; Cooter, Chris -BNATO -GRi Kumar,
Apeksha -lOR; NetIey, Rebeoca -WSHDC -GR; Dugas, Daniel -MINA; Throop, Paul -MINA; Femet, Marlan -
MINA; MacDonell, John -MINA; Thorpe, Lara -MINA; Ops OffICer/Agent des operations (CNE); Paquette,
Serge -CNE; Corcoran, Scott -mE; O'Connor, Eric -eNE; Desjardins, Robert -eND; Harris, Helen -oo,
Media Monitoring / Surveillance Medias (801); Thomsen, Uilian -OCO; Pitre, Lisa -BO'I; aeeuueu, Rejean -
BCM; Savard, Isabelle -RGM; Belanger, Nathalie -BCFi Braun, Warren -BCF; De Mora, Joseph -BCF;
Mindak, Isabella -BCF; Morel-a-I'Huissier, Laurent -BCF; Shrestha, Nlva -BCF; Ward, Stella -BCF; Welchel,
carol Ann -BCF; Goulet, Lynn -00..; 'gjack@bnetpco-bcp.gc.ca'; RGM-Duty Officer/Agent de service (RSV);
'Iparvanova@bnet.parbcp.gc.ca'; Christoff, James -FTAG; Lamonde, Yannlck. -IGX; Battlstone, Courtney -
MINA; Mulroney, David -DMA; 'FDPDuty@bnel.pco-bcp.gc.ca'; Obhrai, Deepak -MINA; 'dbrown@bnet.pco-
bcp.gc.ca'; Backman, Use -WSHDC ·WS -PA; Gagnon, Josee -0C8; Dare, Laurence -MINA; Dodds,
Elizabeth -MINA; Lessard, jcsee -MINA; Latulippe, Alain -MINA; Gorman, Olristopher -MINAi Reeder, Nell -
BCD; Burchett, Ian -BCMi Lemay, Andre -MINA; Oviedo, Trina -DeL; Home, William -BCF; EUouln, Daniel-
B:CM; 'mtorernengibret.pco-bcp.qc.ce', Nguyen, Bernard -BCM; Dickie, Ambra -BCM; Cacchione, Alain -
BCM; DesRoches, Christian -BCF; Trepanier, Nathalie -BCF; Gagnaire, catherine -BCM; Johnson, Eric -
MINA; Ulkoff, Marie-christlne -BCM; cantin, Marle-Danielle -rnS; Latour, Mylene -Q\IS;
'guergh8@parl.gC.ca'i Moore, Rodney ~BCM; Kroeker, Jeffrey -55FT; Kroeker, Jeffrey -55FT;
Termorshulzen, andy -PCO; 'jpanthaky@bnet.pco-bcp.gc.ca'i O'Shaughnessy, Mk:hael-BCF; Fox, James -
RGM; Henderson, Jenffer -RGM
SUbject: AFGHANISTAN: Canada signs deal_ Afghan human rights body over detainees' treatment

Canada signs deal with Afghan human rights body over

detainees' treatment
Dateffime: 2128/07 4:39:00 PM Keywords: URGENT-Afghan-eda-Detaln Word Count: 0208

KANDAHAR, Afghanistan (CP) -Afghanistan'S Human Rights Commission

in Kandahar has agreed to act as watchdog for detainees captured by
Canadians to ensure that valid complaints of abuse are investigated.

The Canad ian Press has leamed that the new agreement gives
potential victims a way to get their complaints of abuse documented
and presented to either Canadian authorities or Afghan courts for
prosecution.

Abdul Quadar Noarzal, the Kandahar manager of the Afghanistan

Human Rights Commission, says complaints will have to be well
founded before they are taken seriously.

The agreement addresses some of the concems raised by human

rights groups regarding the practice of handing Taliban prisoners

2007/05108
Nov. 14, 2007 EV .DFAIT.OOO1 .oo78 301 4
 Page 4 of 4 '~..'
-.
over to Afghan authorities who have a reputation for torture. The
deal could also take some heat out of a bumlng debate over
allegations that Canadian troops abused detainees last spring . .

Noorzai praises the agreement signed last Friday with Brig.-Gen.

TIm Grant. commander of Canadian troops in Afghanistan. He says ~
shows Canadians respect human rights.

Not for redlstrtbutton outside FAC and ITean I Document • dllb1butJon au .eI" d'AEC JCtCan
seu-.ment.

Contact _'" lIonRoring I S._I",""" 1Nd1"IBCM) lor dlotrlbutlon lIotodJuobo_.

Veull" contaeter Media MonitoringI Survella.nce Mtdl_ (BCM) pour tout -Juatement .. IIIllste de
dlolribullon.

Media Relations otrk:e I Bureau des relations avec lea medias

Media Mon ~oring I Surveillance des medias (BCM)

Tel: (613) 944-1264

Fax: (613) 995-14ll5

2007/05108
EV_DFAlT 000 1 0018
Nlw 1"", 2001
"'"
 Page 1 of4

Mueller, Blanca .JLH

From: Rex, Kevin-KANDH -DA

sent: March 2. 2007 11:2 1 AM
To: Buchan. Gavin -KANDH-GR
Cc: 'rex.me@forces.gc.ca'
Subject: RE: AIHRC letter - Public Release
Attaehmento: AIHRC2.pdf

OND already has a scanned copy thai I sent them on Wednesday. Here it is, step ahead of you my friend. Just
landed 10 mins ago from Kabul.

Grant asked me to ask you if DFAIT had instructed you to start unoffICially telling AIHRC about when we took
detainees. Make any sense????

Kev

Ps just reading the a-mail string, you guys need to work with ONDPublic Affairs, they already have PeO lines on
this as It Is a touchy issue for reasons I won't go Into here. ImaginethIs has already been covered, but just in
case.....

From: Buchan, Gavin -KANDH -GR

sent: March I, 2007 3:10 PM
To: Rex, Kevin -KANDH -DA
CC: 'connor.gm2@forces.gc.ca'
SUbJect: FW: AIHRC Letter - Public Release
Importance: High

Kevin ,

Can you get from the LEGAD (or the Commander's SO) a scanned copy of the letter of reply that AIHRC gave to
General Grant on February 23rd? If we are talking about tabling docs In Parliament, I think we'd be well advised
to have that in our back pocket as well . Unfortunately I didn't get a copy of the reply before the Generalleft the
PRT, so I don't know what it says....

Thanks,
G.

From: O'lrlstoff, James -FTAG

Sent: March 1, 2007 2:58 PM
To: Buchan, Gavin -KANDH -GR; Laporte, Eric -lOR
cc: Ahmad, Nadia -FTAG; Beck, Stefanle-lOR; Poupart, Isabelle -lOR; McRae, Robert -100; Dickie, Ambra -BOt;
Colvin, Richard -KABUL -GRi '805 M'; 'duschner.g@forces.gc.ca'; NoIke, sabine -JLHAi Nguyen, MI -IRH -GHAi
Golberg, Elissa -IRH -GHA; 'connor.gm2@forces.gc.ca'; 'Robertson, Jamie'
SUbJect: RE: AIHRC letter - Public Release

In today's Question Period NOP Dawn Black asked the Governmentto table the AIHRC letter in the House-
Minister O'Conner took the Question and agreed to table the document.

2007/05/08
Nov. 14, 2007 EVDFAITOOO 1.oo79 1 016
 Page 2 0(4

From: Buchan, GavIn -KANDH -{;R

sent: Mard11, 2007 2:04 PM
To: Laporte, Eric -lOR
cc: Ahmad, Nadia -FTAGi Beck, Stefanle -lOR; Poupart, Isabelle -lOR; McRae, Robert ·100; D5dde, Ambra -SCM;
CoMn, Richard -KABUl-GR; Olrlstotf, James -FTAG; '80S M'; 'duschner.g@forces.gc.ca'; NoIke, sabine -JLHA;
Nguyen, MI -IRH -{;HA; Golberg, Elissa ·IRH -{;HA; 'connor.gm2@fort:es.gc.ca'
SUbject: RE: AIHRC Letter - Public Release

Eric,

During conversations with the AIHRC back in October, November and December they were eager to bring
maximum visibility to the agreement, and wanted to see It published. I would be very surprised if that enthusiasm
has diminished, because duringthe presentation ceremony they saidthey would like to use the text as a
precedent to convince other countries (UK, US, Netherlands) to follow suit, and publishing It would serve that
goal.

If you need the PRT to contact A,IHRC to formally confirm their willingness, please advise.

KANDHlBuchan

From: Laporte, Eric -lOR

sent: February 28, 2007 7:26 PM
To: ChristDff, James -FTAG; 80S M; 'duschner.g@forces.gc.ca'; NoIke, Soblne -JL.HA; Nguyen, MI-IRH -{;HA;
Golberg, Elissa -IRH -{;HA
CC: Ahmad, Nadia -FTAG; Beck, Stefanle -lOR; Poupart, Isabelle -lOR; McRae, Robert -100; DIdde, Ambra -BCM;
Buchan, Gavin 4<ANDH -GR; CoMn, Richard -KABUL -GR
SUbject: AIHRC L.etIer - Public Release

Jamie,

I think your response is absolutely correct.

Colleagues,

In light of message below, grateful if addressees could indicate by no later than noon tomorrow. Thuradey
March 1, whether there are any objections to making the contentsof the attached letter available publicly? In the
meantime, MiekeJGabrielle. given that the letter stipulatesthat the JTF·A Provost Marshall represents the
Commanderfor the purpose of detainee transfer notifications, could oNo enquire with the AIHRC to see if they
would have any objections to its release? (Altematively we could ask through KANoH-PRT to enquire)

Drafted/Released: 10RlLaporte
Consulted: 100, 10RIBeckIPoupart

From: Christoff, James -FTAG

sent: February 28, 2007 5:29 PM
To: Laporte, Eric-lOR
CC: Ahmad, Nadia -FTAG
SUbject: RE: AFGHANISTAN: canada signs deal_ Afghan human rights body over detainees' treatment

Eric,

2007/05/08
Nov. 14, 200 7 EVDFAIT OOO 1.oo 79 2 016
 Page 3 of 4

Wire story below Is generatingsome interest - cee has called asking if we can make public a ropy of the
arran gement. I assume the answer is "No, not without the permission of the co-signatory" - but can you confirm .?
If no, follow-up questions will likely be 'Will we seek the necessary permission to release the details of the
arrangement?"

From: Christoff, James -FTAG

sent: February 28, 2007 4:51 PM
To: Laporte, Eric -lOR; Golberg, Elissa -IRH -GHA
ceo Ahmad, Nadia -FTAG
Subject: FW: AFGHANISTAN: canada signs deal with Afghan human rights body ewer detainees' treatment

From: Media Monitoring 1Surveillance Medias (SCM)

sent: February 28, 2007 4:48 PM
To: * FTAG; Townson, Colin -FTAGj Juneau, Jean-Pierre -BNATO -HOM/COM; Fox, James -RGMj Gilmour, Wertdo/
-IRP; Nelson, David -VPERM -GR; EXTOTT (RAD); EXTOTT (IOC); EXTOTT (100 ); EXTOTT (lOR); EXTOTT (lSI);
EXTOTT (ISR); EXTOTT (ISRA); Brown, catherine -PRMNY -GR; EXTOTT (IFM); EXTOTT (CNS); EXTOTT (RGM);
Etzinger, Bernard -WSHDC -WS -PA; Burgess, Anne -BNATO -GR; vrsutske, James -SPORE -AG -cs; Crowe,
Robert -ISRKj MacKay, Brian -lSR; Dupere, Louise -PIO; Poupart, IsabeUe -lOR; Uriarte, Steven -eNS;
Ebrahlmkhail, Nasir -KABUL -DAj Pinnington, Philip -BNATO -GR; Lavigueur, Melling <NO; Ubront, Uncia -KABUL
-DA; Sproule, David ~ KAB U L -HOM/COM; Baldwin-Jones, Elizabeth ~IDR; David, Jeff -SHNGI -cs -AG; Fink, John -
CNE; Laporte, Eric ~IDR; Norfolk, Adrian -DELHI ~GR ; Lafleur, Marle-Josee ~IRP ; Fairchild, David -IRP -FTAGi
Boucher, Catherine ~ BREU -GR; Collins, David -ISBAD ~HOM /CDM i Teo, Owen -cNGNY ~R; Henault, Patrick ~
BNATO -GRi Hodgins, Glen -RAS; Allen, Jon -TAVIV -HOM/CDM j Chapin, Paul-IRD; Richardson, Mar1t -rcr,
Bowman, Alan -PRMNY -GRj KABUL (Secu rity); Osorio, Diego -IRP; lavigne, Michel -IRP ~FSON ; Laker, Marina -
IRPj Gudinskas, Lukas -IRP; * FMCG; GoUpil, Chantal -PCO/BCP GAS-SAl; Paquin, Bob -RPDi Bloodworth,
Catherine -KABUL -GR; Colvin, Richard -KABUL -GR; Wrong, Rosemary ~IRD j Burdette, Marcia -IRP; 'delsler@pco-
bcp.gc.ca'; Christoff, James ~FTAG; Rekh!, Ayesha ~DE LHI -GR; MacKechnle, Nancy -(]liS; Hera, Tudor ~IRP;
Burnell-Jones, Alison -FSDNi Adler, Jeremy -IFM; 'Jmalana@bnet.pco-bcp.gc.ca'; 'Jrobertson@bnet.pco-
bcp.gc.ca'; Naldoo, Nathan -KABUL; Isfeld, Pamela -IRPj Foss, Karen -IRP; 'jrobertson@bnet.pco.gc.ca';
'jrobertson@pco-bcp.gc.ca'; 'Ipaliasclo@bnet. pco.gc.ca'; 'Ipallasclo@pco-bcp.gc.ca'; 'cdellapenta@bnet.pco.gc.ca';
'cdellapenta@pco-bcp.gc.ca'; 'dcook@bnet.pco.gc.ca'; 'dcook@pco-bcp.gc.ca'; 'ssarault@bnet.pco.gc.ca';
McDonell, Deny -RPEj Dolre, Nicolas -eNS; Alexander, Vera ~PCO ; COOter, Chris -BNATO -GR; Kumar, Apeksha -
lOR; NetIey, Rebecca -WSHDC -GR; Dugas, Daniel -MINA; Throop, Paul -MINA; Femet, Marian -MINA; MacDonell,
John -MINA; Thorpe, Lara -MINA; OpsOfficer/Agent des operations (CNE); Paquette, Serge -eNE; Corcoran,
Scott -eNE; O'Connor, Eric -CNE; Desjardins, Robert -Omi Harris, Helen -eND; Media Monitoring/ Surveillance
Medias ( 601); Thomsen, Lillian -OCO; Pitre, Usa -BCM; Beaulieu, Rejean -BCMj severo, Isabelle -RGMi Belanger,
Nathalie -BCF; Braun, Warren -BCF; De Mora, Joseph -BCF; Mindak., Isabella -BCFi Morel-a~I'HuissJer, Laurent-
BCF; Shrestha, Nlva -BCF; Ward, Stella -BCF; Weichel, Carol Ann -BCF; Goulet, l ynn -QCL; 'gjack.@ b net. pco~
bcp.gc.ca'; RGM-Outy OfficerIAgent de service (RSV); 'Iparvanova@bnet.pco·bcp.gc.ca'; Christoff, James -FTAG;
Lamonde, Yannra. ~IGXj Battistone, Courtney -MINA; Mulroney, David -DMA; 'FDPDuty@bnet.pco-bcp.gc.ca';
Obhrai, Deepak -MINA; 'dbrown@bnet.pco-bcp.gc.ca'; Backman, Use -WSHDC ~WS -PA; Gagnon, Josee -OCB;
Dare, Laurence -MINA; Dodds, Elizabeth -MINA; Lessard, Josee ~MI NAj latulippe, Alain ~MINA ; Gorman,
Christopher -MINA; Reeder, Nell -BCD; Burchett, Ian -BCM; Lemay, Andre ~ MI NA; CMedo, Trina -00..; Home,
William ~ BCF; Blouin, Daniel -BCM; 'mrorerangibret.pcc-bcp.ec.ce', Nguyen, Bernard ~B01 ; Dickie, Ambra -BCM;
cecchore, Alain -BCM; DesRoches, Christian ~ BCF; Trepanier, Nathalie -BCF; Gagnaire, catherine -B01 j Johnson,
Eric ~ MI NA; Ulkoff, Marie-Christine -BCM; Cantin, Marie-Danlelle -eNSj latour, Mylene -CNS;
'guergh8@parl.gc.ca'; Moore, Rodney -BCM; Kroeker, Jeffrey -55FTj Kroeker, Jeffrey -SSFTj Termorshulzen,
a ndy -PeO; 'jpanlhaky@bnet.pco-bcp.gc,ca'; O'Shaughnessy, Mlchael-BCF; Fox, James -RGM; Henderson,
Jenifer -RGM
Subject: AFGHANISTAN: canada signs deal with Afghan human rights body over detainees' treatment

Canada signs deal with Afghan human rights body over

2007/05/08
Nov. 14, 200 7 EVDFAIT OOO 1.oo79 3016
 Page 4 of:"

detainees' treatment
DalelTime: 2f28I074:38:00 PM Koywonls: URGENT....fg""n-<:d~n Word Coonl: 0208

KANDAHAR, Afghanistan (CP) -Afghanistan's Human Rights Commission

in Kandahar has agreed to act as watchdog for detainees captured by
Canadians to ensure that valid complaints of abuse are Investigated .

The Canadian Press has learned that the new agreement gives
potential victims a way to get their complaints of abuse documented
and presented to either Canadian authorities or Afghan courts for
prosecution .

Abdul Quadar Noorzai, the Kandahar manager of the Afghanistan

Human Rights Comm ission , says complaints will have to be well
founded before they are taken seriously.

The agreement addresses some of the concerns raised by human

rights groups regard ing the practice of handing Tallban prisoners
over to Afghan authorities who have a reputation for torture. The
deal could also take some heat out of a buming debate over
allegations that Canadian troops abused deta inees last spring .

Noorzal prelses the agreement signed last Friday with Brig.-Gen.

TIm Grant , commander of Canadian troops in Afghanistan. He says ij
shows Canadians respect human rights.

Not for rodlotributlon outside FAC and /TCen I Docu....,' 'dlltributlon au Hln d'AEC I CICsn
••ulement.
Contact Media Monitoring I Surveillance M6dlaa (BCM) for d.trtbutlon lIet IIdJuatm....ts.
Veulllez contact.r Media Montlorlng I Surveillance M6dla (BCM) pour tout 8Juetement .. Ie n.te de
distribution.

J..n·R ..... Lagac6

Media Relations Office ' Bureau des relations avec les m6diss
Media Monitoring f Surveillance des medias(SCM)
Tel: (613) 944-1264
Fax: (613) 995-1405

2007105108
No¥ 14. 2001 EV.OFAlTOOO10079
 -""'J'" JiO- .:m :0'
.:"t..iWt \ l"A\ !j~ I f

i\ fghanistan Independent Human Rights Commission

(AIHRC)

Dear Mr. T. Grant

Brigadier General
Commander
Joint Task Force Mghanistan

Afghanistan Independent Human Rights Commission (AlllRC), Kandahar have

the honour to certify of having the notification of Canadian Forces in
Afghanistan, known as "Joint Task Force Afghanistan, the transfer of detainees
by lbe Canadian Forces to Mghan aulborities based upon lbe following
principles:

(a) The AlllRC will not disclose lbe infonnation provided to it by Joint
Task Force Afghanistan to any person other than:

(i) the nextof kin of thedetainee inquestion; or

(ii) lbelnternational Committee of the Red Cross.

(b) The AlllRC will not use the infonnation provided to it by Joint Task
Force Afghanistan for any purpose that is not consistent with its role
and mandate under the Constitution of the Islamic Republic of
Mghanistan.

(c) The AlHRC undertakes to provide immediate notice to Joint Task

Force Afghanistan or the Canadian Embassy, should it learn that a
Detainee transferred by the Canadian Forces to Afghan authorities has
been mistreated.

The Commander Joint Task Force Mghanistan will be represented by lbe Task
Force Provost Marshal for the purposes of detainee transfer notifications to the
Kandahar Office of the AJHRC. Queries should be addresses to the office of lbe
Provost Marshal.

Afghanistan Independent Human Rights Commission (AlllRC), Kandahar is

agreeing up on the mention principles that have been arranged and signed by the
Joint Task. ForceAfghanistan.

~er
dent Human Rights Commission (AlllRC), Kandahar MIl: hi' rrt.........,
1CdlIII'..... I ?

.-,,,
T"~""J-."
w...... :.... .tIIy:yp If
t-..a :....,...~r

Nov. 14, 2007 EV.DFATT.OOO1.0079 5016

 ~J"'Ji6-0~J8q L,r ,it» ~ ~ ".....liil ~
".....liit "..,.s .sIN-
Afghanistan Independent Human Rights Commission
(A1HRC)

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Nov, 14. 2007 EV.DFAIT.OOO1.oo79 6016

 Page 1 0f6
•

Mueller, Blanca -JLH

From: BOS.M@forces.gc.ca
Sont: March 9. 2007 4:41 PM
To: Buchan, Gavin ..f<ANDH -GR; Laflamme. Martin -KANDH -GR
Cc: Laporte, Eric · IDR; connor.gm2@forces.gc.ca; DUSCHNER.G@forces.gc::.ca
Subject: RE: A1HRC Letter - Public Release

All. the original exchange of letters was posted on the OND website as you are probablyaware by now. ONDwas
aware that there was no formal agreement from the Commission but the decisionwas taken to post them after all.
I am surprised that you have yet to recei ve the original, maybe CEFCOM was In to uch with KAF . I'U ask Gabrielle
to clarify that poin t. Formal confirmation would be highly appreciated ASAP.

Thanks for you help .

Mieke

---<lrIglnal Message--
From: Gavin.Buchan@lntematlonal.gc.ca [mallto:Gavln.Buchan@lntematlonal.gc.ca1
Sont: Friday, 09 March, 2007 13:58
To: 80s M@ADM(PoI) 0 NATO Pol@Otlawa-Hull; Martin.L.aflamme@intemalional.gc.ca
ceo Eric.Laporte@intemalional.gc.ca; Connor LC<lr GM@X-DCDS7@DpAthena
SUbjec.t: RE: A1HRC L.etlet' - Public Release

Mieke- just to update you before your weekend, with the letter being signed by General Grant (and after all
the back and forth with Ottawa) we have yet to receive the original here at the PRT to hand over to
AIHRC. Rest assured KAF or PRT will pass over at earnest opportun ity.

Martin- please advise if the letter will go (has gone?) direct from KAF to the AIHRC, or if you will be
passing it to the PRT to relay .

Cheers,

Gavin

From: BDS.M@forces.gc.ca [mailtD:BDS.M@forces.gc.cal

sent: March 5, 2007 9:03 AM
To: Buchan, Gavin -KANOH -GR
CC: Ahmad, Nadia -FTAGj Beck, Stefanle-lOR; Poupal11 Isabelle -IORj McRae, Robert -IDDj Dk::kIe, Ambra
-BCMj CoMn , Richard ~KABUL -GRj Oufstoff, James -FTAGj Nolke, sabine -JLHAj Nguyen, MI -IRH -GHAj
Golberg, Elissa -IRH -GHAj connor.gm2@forces.gc.caj Benjamln.MB@forces.gc.caj Ralder.M@forces.gc.caj
laporte, Eric -IORj DUSOlNER.G@fOfCeS.gC.ca; Rex, Kevin -KANDH -DA; rex.me@forces.gc.ca; Laflamme,
Martin ·KANDH -GR
SUbject: RE: A1HRC Letter - Public Release

Gavin , thanks . Can I take it that theatre will draft the letter advising him re the public dissemination?

A French translation has already been done . My sense is that this is required because of tabling in the
Hou se. We would also require the French text on our website. I have indeed seen a Oarl or Pashtu version
of the letter of the AIHRC .

2007/05108

Nov. 14, 2007 EVDFAITOOO 1.oo80 1 016

 Page 2 of6
•

In any case, we're standing by for the formal nod from you.

Mieke

--ortglnal Message-
From: Gavln.Buchan@l_al.gc.ca [malltD:Gavln.Buchan@lntemallonal.gc.cal
sent: saturday, 03 Mardl, 2007 08:05
To: 80s M@AOM(PoI) 0 NATO PoI@OltlIwa-Hull
cc: NadIa.Ahmad@lntemational.gc.C8i Stef"anle.Beck@intematlonal.gc.ca;
Isabelle.Poupart@lntemational.gc.ca; Robert.Mdlae@lntemallonal.gc.ca;
Ambra.DIckie@international.gc.ca; Richard.Colvin@intemational.gc.ca;
James.Chrtstoff@lntematfonal.gc.ca; sablne.NoIke@intematlonal.gc.cai
MI.Nguyen@lnternatlonal.gc.ca; Ellssa.GoIberg@lntemallonal.gc.ca; connor LCdr GM@X-
DCD57@Dp Athena; Benjamin MB@ADM(PoI) 0 Parl A@Dttawa-Hull; Raider M@ADM(PA)
@OltlIwa-HuII; Ertc.L.aporte@lntemational.gc.ca; OuschnerG@CEFCOM HQ@Oltawa-Hull;
Kevln.Rex@lntemational.gc.ca; Rex av ME@X-DCDS5@OpAthena;
Martln.L.aflamme@lntemalional.gc.ca
SUbject: RE: AIHRC Letter - PubliC Release

Esafe removed a malformed attachment c1ass-397372912-03032oo7>We met with

Engineer Noorzai this afternoon and he confirmed that he would be happy to see the
letter tabled in Parliament. However, he did request that we (i.e. BGen Grant) send
him a letter advising him that this step is taking place. He would like to have such a
letter so he can officially infonn his headquarters in Kabul, although he made clear
that it was a question of notifying HQ rather than seeking their approval.

You mention French translation; If the profile of this document Is being raised to the national
level, do you think it would be advisable to arrange for Pashtu and Darl translationsas well?
If so, I would recommend it be done in Ottawa, as local translations in Kandaharare typically
of suspect quality.

Cheers,

Gavin

P.S. During todays visit from the AIHRC we arranged for a lengthy but very productive
discussionwith the PRrs two Correctional Serviceof Canada reps- there is excellent scope
for AIHRClCSC cooperation on efforts to improve prisoner treatment and conditions of
detention.

From: BOS.M@forces.gc.ca [maltto:BOS.M@forces.gc.ca]

sent: Mardl 2, 2007 10:08 AM
To: Buchan, Gavin -KANDH -GR; Laporte, Eric -lOR; DUSOINER.G@fortes.gc.ca
ceo Ahmad, Nadia -FTAG; Beck, stefanle -lOR; Poupart, Isabelle -!DR; McRae, Robert -!DO;
Dickie, Ambra -BCM; COMn, RIchard -KABUL -GRi Christoff, James -FTAG; Nolke, Sabine -
JLHAi Nguyen, MI -IRH -GHA; Golberg, Elissa -IRH -GHA; connor.gm2@forces.gc.cai
Benjamin .MB@forces.gc.ca; Raider.M@forces.gc.ca
SUbject: RE: AIHRC Letter - Public Release

Gavin, Eric, Gabrielle,

MND insists on having formal agreement from the AIHRC before tabling the doc in
Parliament. He also wants B Gen Grant to formally sign the French version. I'll send the

2007/05/08
Nov, 14. 2007 EV.DFAIT.OOO1 .008<l :2 016
 Page 3 of6

translation over to Eric (f~ DFAIT vetting) and Gabriellefor forwarding to theatre shortly.

Thanks for your cooperation.

Mieke

--Original Message--
From: Gavln.Buchan@/ntemational.gc.ca
[malll<>:Gavln.Buchan@lntemational.gc.caj
sent: Thursday, 01 March, 2007 14:04
To: Eric.Laporte@lntemaUonal,gc,ca
Cc: Nadia.Ahmad@intemational.gc.ca; Stefanle.Beck@lntematlonal.gc.ca;
lsabelle.Poupart@lntennational.gc.ca; Robert.McRae@lnlemational.gc.ca;
Ambra.Dlclde@international.gc.ca; Richard.Cotvin@lntematlooal.gc.caj
James.Christoff@lntemational.gc.ca; Bcs M@AOM(PoI) 0 NATO PoI@Ottawa-
Hull; Duschner G@CEFCOM HQ@Ottawa~Hull;
sabine.NoIke@lntemational.gc.ca; Mi.Nguyen@intemational.gc.caj
Ellssa.Golberg@lnlemational.gc.ca; COnnor lCdr GM@X-DCDS7@OpAthena
SUbject: RE: AIHRC Letter - Public Release

Eric ,

During conversations with the AIHRC back 10 October, Novemberand

December they were eager to bring maximum visibility to the agreement. and
wanted to see it published . I would be very surprised if that enthusiasm has
diminished, because during the presentation ceremony they said they would
like to use the text as a precedent to convince other countries (UK. US.
Netherlands)to follow suit, and publishing it would serve that goal.

If you need the PRT to contact AIHRC to fonnally confinn their willingness,
please adVise.

KANDHlBuchan

From: laporte, Eric -lOR

Sent: February 28, 2007 7:26 PM
To: Christoff, James -FTAG; 80S M; 'duschner.g@forces.gc.ca'; Nolke, Sabine-
JLHA; Nguyen, MI -IRH -GHA; Golberg, Elissa -IRH -GHA
CC: Ahmad, Nadia -FTAG; Beck, Stefanie -lOR; Poupart, Isabelle -lOR; McRae,
Robert -100; Dickie, Ambra -BCM; Buchan, Gavin -KANOH -GR; COMn, Richard
-KABUl-GR
SUbject: AIHRC Letter - Public Release

Jamie,

I think your response is absolutelycorrect.

Colleagues,

In light of message below. grateful if addressees could indicate by no later than

noon tomorrow, Thursday March 1, whether there are any objections to
making the contents of the attached letter available pUblicly? In the meantime.
MiekeJGabrielle, given that the letter stipulates that the JTF-A Provost

2oo7/05108
Nov. 14, 2007 EVDFAITOOO 1.oo80 3016
 Page 4 of 6

Marshallrepresents the Commander for the purpose of detaineetransfer

notifications, could DND enquire with the AIHRC to see if they would have any _
objections to its release? (Alternatively we could ask through KANDH-PRT to
enquire)

Drafted/Released' 10RlLaporte

Consulted: 100, 10RIBeckIPoupart

From: OuistDff, James -FTAG

sent: February 28, 2007 S:29 PM
To: Laporte, Eric -lOR
ceo Ahmad, Nadia -FTAG
SUbject: RE: AFGHANISTAN: Canada signs deal_ Afghan human r1ghtl;
body over detainees' treatment

Eric.

Wire story below is generating some Interest - cac has called asking if we can
make public a copy of the arrangement. I assumethe answer Is -No. not
withou t the permission of the co-signatory" - but can you confirm .? If no, follow-
up questions will likely be 'Will we seek the necessary permission to release the
details of the arrangement?"

From: On1stot'f, James -FTAG

sent: February 28, 2007 4:S1 PM
To: Laporte, Eric -lOR; Golberg, Elissa -IRH -GHA
ceo Ahmad, Nadia -FTAG
SUbject: FW: AFGHANISTAN: Canada signs deal with Afghan human r1ghtl;
body over detainees' treotmenl

From: Media MonilDrtng / Surveilianre Medias (SCM)

sent: February 28, 2007 4:48 PM
To: *FTAG; Townson, Colin -FTAG; Juneau, jean-PIerre -BNATO -HOM/COM;
Fox, James -RGM; Gilmour, Wendy -IRP; Netson, David -VPERM -GR; EXTOTT
(RAD); EXTOTT (IDC); EXTOTT (100); EXTOTT (lOR); EXTOTT (lSI); EXTOTT
(ISR); EXTOTT (ISRA); 8rown, Catherine -PRMNY-GR; EXTOTT (IFM); EXTOTT
(CNS); EXTOTT (RGM); Elzlnger, 8emanl -WSHDC -WS -PA; Burgess, Anne -
8NATO -GR; Visulskle, James -SPORE -AG -<:5; Crowe, Robert -ISRK; MacKay,
8rian -ISR; Oupere, louise -PlO; Poupert, Isabelle -lOR; Uriarte, steven <NS;
Ebrahlmkhall, Nasir -KABUL -OA; P1nnlnglDn, Philip -8NATO -GR; Lavlgueur,
Melling <NO; ubront, Undo -KA8UL -OA; Sproule, David -KABUL -HOM/roM;
8aldwln-Joiles, Elizabeth -lOR; DavId, Jeff -SHNGI -<:5 -AG; Ank, John <NE;
Laporte, Eric -lOR; Norfolk, Adrian -DElHI -GR; Lafleur, Marfe-Josee -IRP;
Fairchild, David -IRP -FTAG; Bollcher, catherine -BREU ~R; Collins, David -
IS8AD -HOM/CDM; Teo, owen -CNGNY -GR; Henault, palrfd< -BNATO -GR;
Hodgins, Glen -RAS; Allen, Jon -TAVN -HOM/COM; O1apln, Paul-IRe;
RIchardson, Mark -leT; Bowman, Alan -PRMNY -GR.; KABUL (5ecurtty); OSOrio,
Diego -IRP; lavigne, MIcheI-IRP -FSONj Laker, Marina -IRP; Gudlnskas, Lukas -
IRP; *FMCGj Goupil, Olantal -PCO/BCP GAS-SAl; Paquin, Bob ·RPDj

2007/05108
Nov, 14. 200 7 EV.DFAIT.OOO1,0080 4 016
 Page 5 of6

Bloodworth, catherine ·KABUL -GR; CoMn, Richard -KABUL -GR; Wrong,

Rosemary -IRD; Burdette, Marcia -IRP; 'deisler@lXO""bcp.gc.ca'; Christoff,
James -FTAG; Rel<hl, Ayesha -DELHI-GR; MacKechnie, Nancy -eNS; Hera,
Tudor -IRPj Burnell-Jones, Alison -FSON; Adler, Jeremy -IFM;
'Jmalana@bnet.pco-bcp.gc.ca·; 'Jrobertl;on@bnet.pco-bcp.gc.ca'; Naldoo,
Nathan -KABUL; Isfelcl, Pamela -IRPj Foss, Karen -IRP;
jrobertson@bnet.poo.gc.ca'; 'jrobertl;on@pco-bcp.gc.ca';
'Ipallasdo@bnet.poo.gc.ca'; ·Ipallasdo@pco-bcp.gc.ca';
'alellapenlll@bnet.poo.gc.ca'; 'alellapenla@poo-bcp.gc.ca';
'dcook@bnet.poo.gc.ca'; 'dcook@pco-bcp.gc.ca'; 'ssaraull@bnet.poo.gc.ca';
McDonell, Deny -RPE; DoIre, Nicolas -eNS; Alexander, Vera -PCOj Cooter, Chris
-BNATD -GR; Kumar, Apeksha -lOR; NetIey, Rebecca -WSHDC -GR; 0.-,
Danlef -MINAi Throop, Paul -MINA; Femet, Marian -MINAi MacDonell, John -
MINA; Thorpe, Lara -MINA; Cps Offlcer/Agent des opOrations (CNE); Paquette,
serge -CNE; Corcoran, SCott -cNE; O'connor, Eric -olE; Desjardins, Robert -
CND; Harris, Helen -eND; Media Monitoring / Surveillance Medias (BCM);
Thomsen, Ulllan -OCOi Pitre, Lisa -SCM; Beaulieu, Rejean -BOo1; savard,
Isabelle -RGM; Belanger, Nathalie -BCF; Braun, Warren -BCFj De Mora, Joseph
-BCF; Mindak, Isabella -BCF; Moret-a-I'Hulssler, Laurent -BCFj Shrestha, Niva -
BCF; Ward, Stella -BCF; Welche:l, Carol Ann -BCF; Goulet:, Lynn -DeL;
'gjack@bnet.pco-bcp.gc.ca'; RGM-Duty Officer/Agent de service (RSV);
'Iparvanova@bnet.pco-bcp.gc.ca'; Christoff, James -FTAG; Lamonde, Yannlck - .
IGX; Baltistone, Courtney -MINA; Mulroney, David -DMA; 'FDPDuty@bnet.pco-
bq>.gc.ca'; Obhral, Deepak -MINA; 'dbrown@bnet.pco-bcp.gc.ca'; Backman,
Use -WSHDC -WS -PAi Gagnon, Josee -DCB; Dare, Laurence -MINA; Dodds,
Elizabeth -MINA; Lessard, Jose. -MINA; Latulippe, Alain -MINA; Gorman,
Ouistopher -MINAi Reeder, Nell ~BCD ; Burchett, Ian -801; Lemay, Andre -
MINAi Oviedo, Trina -oo..i Home, William -BCFi Blouin, Daniel ~SCM;
'mforeman@bnet.pco-bcp.gc.ca'; Nguyen, Bernard ~BCM; Dickie, Ambra .80-1;
Cacchlone, Alain -BCMj DesRoches, Christian ·BCFj Trepanier, Nathalie-BCFj
Gagnaire, catherine ·BCM j Johnson, Eric -MINAi Ulkotf, Marle-Olristlne -BCM;
Cantin, Marie-Danlelle -eNS; L.atour, Mytene -eNS; 'guergh8@part.gc.ca'j
Moore, Rodney -BCM; Kroeker, Jeffrey -55FT; Kroeker, Jeffrey -55FTj
Termorshulzen, andy -Pea; 'Jpanthaky@bnet.pco-bcp.gc.ca'; O'Shaughnessy,
Michael -BCF; Fox, James -RGM; Henderson, Jenifer -RGM
SUbject: AFGHANISTAN: Canada signs deal with Afghan human rights body
over detainees' treabllent

Canada signs deal with Afghan human rights body

detainees' treatment
DateJTime: 2I28J07 4:39:00 PM Keywords: URGENT-Afghan-eda-Oetaln Word COunt:

KANDAHAR, Afghanistan (CP) -Afghanistan's Human Rights Commission

in Kandahar has agreed to act as watchdog for detainees captured by
Canadians to ensure that valid complaints of abuse are investigated.

The Canadian Press has leamed that the new agreement gives
potential victims a way to get their complaints of abuse documented
and presented to either Canadian authorities or Afghan courts for
prosecution.

Abdul Quadar Noorzai, the Kandahar manager of the Afghanistan

2007/05/08
Nov. 14, 2007 EV.DFATT.OOO1.0080 5016
 Page 6 016

Human Rights Commission, says complaints will have to be well

founded before they are taken seriously.

The agreement addresses some of the concerns raised by human

rights groups regarding the practice of handing Taliban prisoners
over to Afghan authorities who have a reputation for torture. The
deal could also take some heat out of a burning debate over
allegations that Canadian troops abused detaineeslast spring.

Noorzai praises the agreement signed last Fridaywlih SIig.-Gen.

Tim Grant, commander of Canadian troops in Afghanistan. He says Ii
shows Canadians respect human rights.

Not for redistribution outside FAC and ITean I Document. distribution

au ••In d'AEC I CICan seulement.

Contact MediaMonitoring I Surveillance M6dlas (SCM) for distribution 1I1Jt

adjuetmenta.

Veulllu contacter Media Monitoring I Surveillance MiNtl. (BCM) pour tout

lljustemenl' io 11a18 de distribution.

Media R8tatlons Office I Bureau desrelations avec las mltdias

Media Monitoring I Surveillance des medias (SCM)

Tel: (613) 944-1284

Fax: (613)995-1405

2007/05/08
Nov, 14. 2007 EV.DFAIT.OOO1 ,0080 6016
 Page I of2

Mueller, Blanca -JLH

From: Doboer, Gallit -flAG

Sent: March 14, 2007 3:57 PM
To: KABUL (GR); KANOH (KAF); KANOH (PRT)
Cc: Sproule, David -KABUL -HOM/COM; Bloodworth. Catherine -KABUL -GR; Buchan, Gavin -
KANDH -GR; Rex. Kevin -KANDH -DA ; Laflamme, Martin -KANDH -GR; Arbeiter, Richard -
flAG; Proudfoot, Douglas Scott -flAG; Nolke, Sabine -JLHA; Anderson, Cory -flAG
Subject: FW: AIHRC brief
Attachments: Afghanistan Independent Human Rights Commission.doc

Colleagues.

Please find attached backgrounder on Afghanistan Independent Human Rights Commission (AIHRC). A
summary of the Commission's mandate, structure and effectiveness was requested at this morning's DM-level
meeting. Grateful if you might review and provide Input, if any, by tomorrow (Thurs) 9 am Ottawa time. We would
be particularly interested in your views with respect to AIHRC effectiveness.

FOR KANDH: Grateful if you might darity, in particular, AIHRC Kandahar RegionalOffice's exact area of
responsibility
FOR KABUL: Grateful for any additional info you may have with respect to funding of the AIHRC

Thanks and best regards,

Galin

Consulted: FTAG/Arbeiter/Anderson, JLHAINoIke

From: Proudfoot, Douglas Soolt -FTAG

Sent: March 14, 2007 3:45 PM
To: Mulroney, David ~DMAj Swords, COlleen -IFM
ce: Arbeiter, Richard -FTAG; Anderson, Cory -FTAG; Nolke, sabine -JLHA; EXTOTT (FTAG); savard,lsabeile -
DMA; Bed<, Stefanle -lOR; Pcupart, Isabelle -lOR; Laporte, Eric -lOR; Golberg, Elissa -IRH -GHA; Sinclair, Robert
-GHH; Gilles, Danlella -DMTj Adler, Jeremy -IFM; Dobner, GaUlt -FTAG
SUbJect: A1HRC brief

As requested, attached is a background paper on the AIHRC. This will be sent to Kabul for comment overnight,
and we may resubmit a revised brief tomorrow if Kabul makes important suggestionsor corrections.

From: Dobner, GaUlt -FTAG

sent: March 14, 2007 3:30 PM
To: Proudfoot, Douglas Scott ·FTAG
CC: Arbeiter, Richard -FTAGj Anderson, COry -FTAGj Nolke, sabine -JLHA; EXTOTT (FTAG)
SUbject: A1HRC

Scott.

Please find attached revised backgrounder on AIHRC.

Gallit

2007/05/08

Nov. 14, 2007 EV.DFAIT.OOO1.008 1 1 01 4

 Page 2 of2 .

Consulted: FTAG/Arbeiter/Anderson, JlHAlNolke

O.lIit Dotma-
GoYC:l'lllnCePl! Devdopmeot Policy AdviIor,
Afpuislan Tat Foroe (FTAO) I
CoaIeilW:re co GouvcmIDce ec ~ m politique,
0r01.-= de Im'Iil_ rAfiNni.... (F1'10.0)
Foreip AtrairI c.n.da I AffaiftsimDPns e-dI
613-943-78 12
p1!iLd!)!mcr@intQDlliPMI IS q

2007/05108
Nov, 14. 2007 EV.DFAIT.OOO1 ,0081 2014
 PROTECTED A

Afghanistan Independent Human Rlghta Commission (A1HRC)

1. Legal Status. The AIHRC was established as part of the Bonn Agreement in
2002 and became a pennanent national institution under the Constltutlon in
2004. The Cabinet and President subsequently approved legislation regulating
its activities in May 2005. This legislation describes the Commission as an
independent body, cooperating ~h state organs such as judicial and
prosecutorial bodies but functioning independently of the government. It is
noteworthy that the Commission's budget is part of Afghanistan's national
budget.

2. Structure. The AIHRC is structured as a nine-member appointed

commission which meets every week. However, as the terms of office for the
current members expired in June 2004 and the President has yet to fonnally
appoint nine Commissioners for a five-year term, there are currently only seven
active commissioners. The Commission is headed by respected Chairwoman
Dr. Sima Simar, who unofficially has the status of a government minister and
meets regularly with the President.

3. The Commission has 500 staff in 12 offices across the country. The head
office is in Kabul; regional offices are in Balkh, Bamyan, Heart, Kabul,
Nangarhar, Kunduz, Kandahar and Paklia; and provincial offices are in
Badakshan, Daikundi and Faryab. Each office is divided into the following
functional units: (1) monitoring and investigation; (2) children 's rights; (3)
women 's rights; (4) human rights education; (5) transltionel justice; (6) human
rights field rnonltorinq; and (7) people with disabilities. There are also Media and
Publication as well as Research and Policy units based in Kabul.

4. The AIHRC's Kandahar regional office is respoiible for several provinces in

the south. It is headed by Abdul Noorzai and has staff. Noorzai has clarified
that only ~aff are dedicated to investigating complaints and vis~ing prisons,
every 2-3 weeks when possible.

5. Mandata. According to the Constitution, the AIHRC is mandated to rnonitor,

promote and protect human rights. Afghans are to report violations to the
Commission and the Commission is to refer cases to legal authorities and assist
in defending victims' rights.

6. Monitoring Prisons and Detention Centres. The AIHRC undertakes

monttoring of prisons and detention centres through the Mon~oring and
Investigation and Women's Rights Units of tts central and regional offices,
sometimes in coordination ~h UNAMA. Such mon~oring includes inspections of
facilities and assessments prisoners' status and cases. The Commission shares
lts results ~h other human rights and legal aid organisations.

Nov. 14, 2007 EV.DFAIT.OOO1,0081 3 of 4

 7. Effectiveness. The UNSG's September 2006 report describes the AIHRC as
functioning "effectively, in close cooperation with UNAMA". The US State
Departmenfs 2006 Human Rights Report describes the Commission as
generally acting "independently of the govemment, often voicing strong criticism
of govemment institutions and actions, and accepting and investigating general
complaints of human rights abuses." The State Department further judges that
the Commission remains a "reasonably influential organisation, effective in ~s
abil~ to document cases, raise public awareness, and influence national policy
regarding human rights ."

8. The AIHRC faces some immediate constraints:

•
• Outstanding formal appolnbnent of nine Commissioners;
• Fundralsing and funding management;
• Lack of adequate resources to focus on advocacy and intervention in
individual cases.
• General threats of violence to commissioners and staff as a resun of
their reporting;
• Restricted mobll~ in south and south-east due to poor securtty

9. Canadian Engagemant At the national level, canada has been very

supportive of the AIHRC's work, including a $1M contribution to the Commission
in 2002-03 to advance women's rights, human rights education and transitional
justice. In Kandahar, Canadian officials have a strong rapport with the AIHRC's
regional office, including regUlar meetings between the Comm ission's Regional
Director and the PRT Pol~ical Director and JTF-AFG Commander.

10. The CF have.recently formalised an understanding with AIHRC, by way of

reciprocallellers, pursuant to which the CF would notify the AIHRC of any
detainee transfers to Afghan authorities on condition of confldential~, and the
AIHRC would in tum notify the CF of any suspeeled mistreabnent of detainees
transferred by CF. It is important to note that the AIHRC's formal roles and
responsibilities flow from the Afghan Constitution; therefore the CF's
arrangement with the Commission does not/not create a formal mon~oring or
implementing role for the Comm ission vis-a-vis detainees transferred by CF, but
rather a voluntary mechanism for information-sharing. The abil~ to refer to a
wrtllen understanding with the CF should also assist the AIHRC in gaining
access to detention facil~ies.

Nov. 14, 2007 EV.DFAIT.OOO1.oo 81 4 014

 Mueller, Blanca -JLH
From: siepka,mk2@forces.gc.ca
Sent: March 20, 2007 8:50 AM
To: connor.gm2@forces.gc.ca; LEVEILLE.JE@forces.gc.ca; rex.me@forces.gc.ca; koch.pj2
@forces.gc.ca; nalme.rw2@forces.gc.ca; Buchan, Gavin -KANDH -GR
Cc: ARCHER.SM@torces.gc.ca
Subject: AIHRC lener of introduction
Attachments: AIHRC.letter of Introduction.pdf

AIHRC.letb!r of
Introdoction.p...
FYI and for your respective files.
<<AI HRC. l e t t e r of introduction .pdf»
M.K. (Magdalena) Siepka
LCdr
JTF-Afg HQ Snr LegAd
Kandahar Air Field

Nov. 14 , 2007 EV.OFAIT.OOO1 .0082 1 of 2

 .'

,i tA> ~ ~ .;.,t..iW I.:

.:J,......,s ..sf*",

t
;II PM.
Afghanistan independent Human Rights Cc nnuission
(/\ !HRC ) /?gO ; ~r
! To Whom It May Concern

Afghanistan .Independent Human Rights Commission (AlliRC),

Kandahar 'h liS:tbe honor to introduce Mr. Mohammed Shafiq Noori
Secretary of 'regional Program Manager and Mr. Ghulam Reza
Ibrahimi Assistant Monitoring And Investigation Section that there
pies are attached with this latter to yo u for meeting, up on detention
r cells and detainees based on New Agreement that AII·IRC had signed
! with Canadian Authorities.

I
f

ac msaa \~\lJt
Ml IDI
CU, CBI I 11"

I" " .
j Adol ' p"'-.i&un+J

; ~~TI.l.."'OO&"
1 · 1!OlI1"
Web lilc : ........ ;I&C<,ta.• (
E·...if : liJorcl!lo.illl<.. ""'l.• '

Nov. 14. 200 7 EV.DFAIT.OOO1 .0082 2 012

 Page I of2

Mueller, Blanca .JLH

From: Bloodworth, Ca!herine-KABUl-GR

Sent: March 15, 2007 9:32 AM
To: Dobner Galli! -FTAG; KABUL(GR); KANDH (KAF); KANDH (PRT)
Cc: Sproule, David -KABUL -HOM/COM; Buchan, Gavin -KANDH -GR; Rex, Kevin -KANDH -DA;
Laflamme, Martin ~KAN D H -GR; Arbeiter, Richard -FTAG ; Proudfoot. Douglas Scott -FTAG; Nolke.
Sabine -JLHA; Anderson, Cory -FTAG
Subject: RE: AIHRC brief

Gallit,

With respect to the commentsin the draft the commissioners, there are nine of them. Three (new ones) have
been formally appointed by name in a presidential decree. The status of the other six remains somewhat
ambiguous, although the AIHRC choo ses to interpret the above mentioned decree as having re-appointed these
six . Essentially, from what we understand, the pre sidential decree whi ch appointed the three new commissioners
also had a paragraph that can be interpreted as re-appointing the other six . The Commission has ratsed the issue
with the President of the naming the other six commissioners in a Presidential decree in order to assure
clarity. The President apparently said he would look into it.

As for donors, the latest information comes from the AIHCR's annual report (June 2005-May 2006) whtch says
that between 2002 and early 2006, the US's contribution amounted to about 30% of the A1HRC's budget. The
next three biggest donors were the UK, Finland and Denmark whose contributions ranged between 12% and 16%
of the budget. New Zealand , Norway, Switzerland, Canada and UNHCR each contributed between 3% and 6%
of the budget Others, such as Luxemburg, UNDP, OHCHR, and the Government of AfghanIstan's contributions
each amounted to less than 1% of the bUdget. These were the same figures used when the AIHRC made a
presentation about a month ago to the Human Rights Forum in Kabul . We will likely not see more up-to-date
figures until the next Annual Report.

Catherine

From: Dobner, Gallit -FTAG

sent: March 15, 2007 12:27 AM
To: KABUL (GR); KANDH (KAF); KANDH (PRT)
ceo Sproule, Davld-KABUl-HOM/CDM; Bloodworth, Catherine -KABUl-GR; Buchan, Gavin -KANDH -GR; Rex,
Kevin -KANDH -DA; Laftamme, Martin -KANDH -GRi Arbeiter, Richard -FTAG; Proudfoot, Douglas SCott -FTAG;
NoIke, sabine -JLHA; Anderson, Cory -FTAG
SUbJect: FW: AIHRC brief

Colleagues,

Please find attached backgrounder on Afghanistan Independent Human Rights Commission (AIHRC). A
summary of the Commission's mandate, structure and effectiveness was requested at this morning's DM-Ievel
meeting. Grateful If you might review and provide input, if any, by tomorrow (Thurs) 9 am Ottawa time. We would
be particularly interested in your views with respect to AIHRC effectiveness.

FOR KANDH: Grateful if you might clarify, in particular, AIHRC Kandahar Regional Office's exact area of

2007/05/08
Nov, 14. 2007 EV.DFAIT.OOO1.0083 1 of 2
 Page 2 of2

responsibility
FOR KABUL: Grateful to< any additional info you may have_ respect to funding of the AIHRC

Thanks and best regards,

Gall ~

Consulted: FTAG/ArbeIl""Anderson. JLHNNoIke

_ : I'roudfoot. Douglas Scott -FTAG

sent: Mardl l 4, 2007 3:45 PM
To: Mulroney, David -DMA; SWOrds, CoIM'l -IFM
ce: AIbetter, Richard -FTAG; Anderson, Crxy -fTAG; NoIke, Sablne -JLHA; EXTOTT (FTAG); savard, Isabelle ·
DMA; Iledc, _ nle -lOR; Pouport, Isabelle -lOR; Laporte, Eric -lOR; Golberg, Elissa -IRH -GHA; Sinclair, Robert
-GHH; GYles, DanieiLa -DMT; Adler, Jeremy -IFM; Dobner, Gallit-FTAG
Subject: AlHRC brief

As requested, attached is a background paperon the AIHRC. This will be sent to Kabul for comment overnight,
and we may resubmit a revised brief tomorrow ifKabul makes important suggestions or corrections.

From: Oobner, GaIIit -FTAG

sent: Mardll4, Z007 3:30 PM
To: - . Douglas Scott -FTAG
ce: _ , RIchard -FTAG; Andeoon, COfy -FTAG; NoIke, sabine -JLHA; EXTOTT (FTAG)
Subject: AlHRC

5<:ott.

P1ease find attached revised backgrounder onAIHRC.

Gallil

Consulted: FlAG/Arbeiter/Anderson, JLHAlNoike

GIllit DobDer
T_
Oovcruancc UldDeve\opmezlI P\:llicyAdvbar.
,up bton Force (FfAO)1
eouano!R en Oou_ ec Devcloppemall en poliliqo.>c.
Groupe de Invail _ rAf&IgniIIaa (FfAOj
Foreip Affairs Caneda f AtfaiIw ~ ea-sa
613-1)43-7112
yl ULdgtpg@jnlcmNjocW " CI

2007105/08
.....-<"'.,-- - - - - - -- - - - - - - - "EV.DFAIT
'W ""OO' -iiiiO,- - - - - - - - - - - - - - - - - '20(2
00010083
 "

Mueller, Blance -JLH

From : connor.gm2@forces.gc.ca
Sent: March 18, 2007 3:50 AM
To: garwood.t@forces.gc.ca; Buchan, Gavin -KANDH -GR
Subject: AIHRC letters
A_monts: AIHC Letter dated 20 FEB 07.pdf; AIHRC2.pdf

A1HC letter dated A1HRO.pdf(364

20 FEB 07.pd... KB)

> > <<AIHe Letter dated 20 PBB 07 . pdf» > > <<AIHRC2 . pdf»
>
>

Nov. 14, 2007 EV DFAIT.OOO1 0084 1015

 ..
..

Quao1ier g6MnII
Forolt 60s A1ghanIs1an
Ternm (faviatlon de Kandahar

;.JJ February 2007

Mr.Noorzai
AfghanIndependent Human RightsConunission .
Kandahar Office
Afghanistan

JOINTTASK FORCE AFGHANISTAN ·

AOREEMENTTONOTIFY THE
AFGHAN INDEPENDENT HUMAN R!GIITS COMMISION CAlHRCl

l. I have the honour 10 rem-Io the Art8ngem<Ilt for the Transfer of Detainees Between the
Canadian Forces and the Ministry ofDefenceof the IslamicRepublic of Afghanistan concluded
in December 2005, which recognizes the legitimate role of the Afghan Independent HUIllllll
Rights Commission(AIHRC) withinthe territory ofAfghanistan, including with regard to the
treatment of detainees.

2. In recognition of this role, theCanadian Forces in Afghanistan, known as "Joint Task

Faroe Afghanistan", would like 10 notifythe Kandahsr Officeof the Afghan btdepeodent Human
Rights Conunission of the ttonsfer of detain... by the canadian Forces to Afghanauthorities
based upon the following principles:

.. The AlHRC will not disclosethe information provided to it by Joint Task Faroe
Afghanman 10 anypersonother than:

(1) the nextofkin of tile detainee in question; or

(2) the International Committee of the Red Cross.

b. The AlHRC will not use the infunnation provided 10 it by Joint Task Faroe
Afghanistan for anypurpose that is notconsistent with its roleand mandate under
the Constitution of the Islamic Republic of Afghanistan.

c. The AIHRC undertakes to provide immediate notice to Joint Task Force

Afghanistan or the Canadian Embassy, should it learn that a Detain.. transfared
by the Canadian Forces10 Afghan authorities hss hem mistreated.

1/2

Nov. 14 , 200 7 EV,OFAIT.OOO1.0084 201 5

 ·.
3. TheTaskForee Provost M.... hal will_I the Comuumder loint TaskForee
Afabanistan for the purposesofdetainee transfer notifieatioos to the Kandahar Officeof the
AlHRC. Queriesshould be addresses to the office of the ProvostMarsba1.

......-.
T.l. t
Bripdier.(JOIIeral
Commancla-

2J2

Nov, 14. 200 7 EV.DFAIT.OOO1 ,0084 3 015

 ..
..

i\ fghanistan Independent Human Rights Commission

(AIHRC)

Dear Mr. T.Grant

Brigadier General
Commander
Joint Task Foree Afghanistan

Afghanistan Independent Human Rights Commission (AllIRC), Kandahar have

the honour to certify of having the notification of Canadian Forces in
Afghanistan, known as "Joint Task Force Afghanistan, the transfer of detainees
by the Canadian Forces to Afghan authorities based upon the following
principles:

(a) The AllIRC will not disclose the information provided to it by Joint
Task Foree Afghanistan to any person other than:

(i) the next of kin ofthe detainee in question; or

(ii) the International Committee of the Red Cross.

(b) The AlHRC will not use the information provided to it by Joint Task
Force Afghanistan for any purpose that is not consistent with its role
and mandate under the Constitotion of the Islamic Republic of
Afghanistan.

(c) The AIHRC undertakes to provide immediate notice to Joint Task

Foree Afghanistan or the Cansdian Embassy, should it leam that a
Detainee transferred by the Canadian Forces to Afghan authorities has
been mistreated.

The Commander Joint Task Foree Afghanistan will be represented by the Task
Force Provost Marshal for the purposes of detainee transfer notifications to the
Kandahar Office of the AIHRC. Queries should be addresses to the office of the
Provost Marshal.

Afghanistan Independent Human Rights Commission (AIIIRC), Kandahar is

agreeing up on the mention principles that have been arranged and signed by the
Joint Task Force Afghanistan.

Noorzai
ger
dent Human Rights Commission (AllIRC), Kandahar
......-
466:N.a

·UClII"
II

TIl:(IOQ-~-l5OM76
... ......,

w..... :D'.....I&.....,
r..-II :~.....,

Nov. 14 , 200 7 EV,OFAIT.OOO1.0084 4 of 5

 ..
"

,is» ~ ~ "t..ilail ~
,,~..sl#

Afghani stan Independent Human Rights Commi ssion

(AIHRC)

UlIfi..,l JI~ "I.>! ~I..;

u l>1.J..s.Ip..s oS~;"" u W1•

Ipl..s.lp..s oS~.J1- J-UI • .., ~ ..s.1)j>. J~. y:.,. ~I. :Ull

:oS~'oJ'.J-'~ ~ -.I".J4 ~ jI-S oS"'i • .:J...j.-. oSy!. .>!I.>!

Ip.! ..s.1p..s oS~.J'- J-UI • .., u~ ..s.1)j>. J~. y:.,. ~I. : y

""""'1 • ~I • ~ <s.,n.......1 'oJ..,.:,s ~.,..b "I.:J...j.-. oSy!. .>!I.>!
"oS~ 'oJ Jlu... J~.J •••• ..,.t..1 "I':'YJ • uv.......

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"oS~ ~I ,.-.:. oS' oS.,-...s+-'i ~I""".i' Ip. -.I..s.Ip. $

oS';
.H.J j&> oSpL.. • u~..s.I)j>. , J ~ , y:." ".

Nov, 14. 2007 EV.DFAIT.OOO1 ,0084 5 015

 ..
Mueller, Bianca -JLH
From: Buchan, Gavin -KANoH -DA
Sent: November 19, 2006 6:57 AM
To: Laporte, Eric -lOR
ce: Fairchild, David -IRP -FTAG; Arbeiter, Richard -FTAG; Proudfoot, Douglas Soott -FTAG;
Anderson, Cory -FTAG; Bloodworth, Catherine -KABUL -GR; Sproule, David -KABUL -
HOM/COM; Gilmour, Wendy -IRP; Ahmad, Nadia -FTAG; Heinbecker, Yasemln ..JLH; • • •
_ ; Elms, Geordie-KABUL -DR; 'fudge.ed@forces.gc.ca';
~TA_PISTONE@acdi-cida.gc.ca'; Golberg, Elissa -IRH -GHA; Dobner, Gallit -FTAG;
Allen, Mark -LON -GR; 'AORIAN_WALRAVEN@acdl-cida.gc.ca';
'MICHEL_HUNEAULT@acdi-cida.gc.ca'; NoIke, Sabine ..JLHA; Bryan, Jeremy -GHH; ColVin,
Richard·KABUL -GR; Beck, Stefanie -lOR; Poupart, Isabelle -lOR; Proudfoot, Douglas Scott -
FTAG; Anderson, Cory ·FTAG; Golberg, Elissa -IRH -GHA; Nguyen, Mi -IRH -GHA; Nolke,
Sabine ..JlHA; Ahmad, Nadia -flAG ; Burgess, Anne -SNATO -GR; Labbe, serge -BNATO-
DR; EI-Sawy, Deena -IRe ; EXTOTT(lOR); EXTOTT (10 0 ); EXTOTT (IRP); EXTOTT (IRH-
GHA); EXTOTT (JLH); EXTOTT (FlAG); 'fIavln.tcp3@forces.gc.ca';'tremblay.t2
@forces.gc.ca'
Subject: Draft agreementwith the AIHRC on detainee transfer notification

Attachments: AIHRC agreement 1.3 Nov 06.doc

AIHRC agreement
1.3 New 06.doc...
PROTECTED 'A'

Further to our C4 mag KANDH0 072 (1 7NOV06 ) , attached FYI is the draft Wnot i f ica t i o n of
detainee t r ans fer w a rrangement that has been developed by Task Force Afghanistan and
passed t o t h e Afghan Independent Human Ri g h t s Commd s s i on (AI HRC) f or c omment . It sets
o u t t he prot o col s that would be f ollowed in o r d e r t o notify the AIHRC that a detainee has
b een t r ans f e r r e d from the Canad i an Forces t o t h e Government o f Afghanistan.
Gav i n Buchan
Political Director
Provincial Reconstruction Team, Kandahar Tel .

Nov, 14. 2007 EV.DFAIT.OOO1.oo86 1 of 3

 •

ARRANGEMENTS BETWEEN THE COMMANDER, JOINT TASK

FORCE AFGHANISTAN AND THE KANDAHAR OFFICE OF THE
AFGHANISTAN INDEPENDENT HUMAN RIGHTS COMMISSION
WHEREAS

The importance of the Afghanistan Independent Human Rights Commission to the good
government of the Islamic Republic of Afghanistan is recognized in the Constitution of
Afghanistan.

The Canadian Forces and the Ministry of Defence of the Islami c Republic of Afghanistan
agreed in December 2005 that there is a proper oversight role for the Afghanistan
Independent Human Rights Commission in relation to the treatment ofdetainees
transferred to the Afghan authorities by the Canadian Forces, and set out their mutual
understandings in the Arrangementfor the Transfer ofDetainees Between the Canadian
Forces and the Ministry ofDefence of the Islamic Republic of Afghanistan.

Mr. Ahmad Nader Naderry of the Afghanistan Independent Human Rights Commission
met with representatives of the Office of the Judge Advocate General of the Canadian
Forces in Ottawa, Canada in June 2006 and discussed steps that could be taken to
enhance the legitimacy and effectiveness of the Afghanistan Independent Human Rights
Commission.

The Commander Joint Task: Force Afghanistan and the Kandahar Office of the
Afghanistan Independent Human Rights Commissionwishto implement a working
arrangement in order to realize themutual benefits of information sharing between the
parties, as provided for in the Arrangementfor the Transfer ofDetainees Between the
Canadian Forces and the Ministry ofDefence ofthe Islamic Republic ofAfghanistan.

NOW THEREFORE

The Canadian Forces in Afghanistan, known as the "Joint Task Force Afghanistan" and
the Kandahar Office of the Afghanistan Independent Human Rights Commission,
referred to hereinunder as the"AllIRC Kandahar" will implement the following
measures to realize, inter alia, theintent of the provisions of the Arrangementfor the
Transfer ofDetainees Between the Canadian Forces and the Ministry of Defence ofthe
Islamic Republic ofAfghanistan.

I. TIming of Notice to AlHRC Kandahar

The AlliRC Kandahar will he informed of the fact that detainees are being
transferred by the Canadian Forces to Afghan authorities once Canada has officially
advised the ICRC Geneva.

C:\Documents and SettingslmuelleblLocal SettingslTernporary Internet

FileslOLK65\ArnRC agreement I 3 Nov 06.doc

Nov. 14 , 2007 EV,OFAIT.OOO1.oo86 201 3

 •

2. Scope of Disclosure of Information to AIHRC Kandahar

The AIHRC Kandahar will be provided with the same infonnation that Canada
provides to the JCRC Geneva.

3 Conditions of Disclosure of InformatioD to AlHRC Kandahar

(a) The AIHRC Kandaharshall not disclose the infonnation provided to it by Joint
Task Force Afghanistan to any person other than

(i) the nexi ofkin of the detaineein question, and

(ii) the JCRC.

(b) The AIHRC Kandaharshall not use the infonnation provided to it by Joint Task
Force Afghanistan for anypurpose that is not consistent with its role and mandate under
the Constitutionof the IslamicRepublicof Afghanistan.

(c) The AIHRC Kandaharundertakesto provide immediatenotice to the Canadian

Forces, should it learn that a detaineetransferred by the CanadianForces to Afghan
authorities has beenabused or neglected.

4. Point of Contact OfliclaI

(a) The CommanderJoint Task Force Afghanistan shall be representedby the Task
Force Provost Marshalfor all purposesconnected with the implementation of this
Arrangement.

(b) The AIHRC Kandaharshall be represented by ITBP] for all purposes connected
with the implementation of this Arrangement.

5. ISAF

In recognition of the important rolethat the International Security Assistance Force plays
in Afghanistan, the Canadian Forces will inform the Conunander, International Security
Assistance Force, of the tenns of this Arrangement upon its execution by both parties.

Executed at Camp Nathan Smith, this _ _ day ofDecember, 2006.

T.J. Grant Eng. Abdul Quadar Noorzai

Brigadier General Regional Program Manager,
Commander Afghanistan Independent Human
Joint Task Force Afghanistan Rights Commission

C:lDocuments and Settingslmuelleb\Local Settings\TemporaryInternet

FiIes\OLK65\AlHRCagreement J 3 Nov 06.doc

Nov, 14. 2007 EV.DFAIT.OOO1,0086 3013

 Mueller, Blanca .JLH
From: tremb1ay.t2@forces.gc.ca
Sent: November 18, 2006 6 :39 AM
To: Buchan. Gavin -KANDH-GR
SubJocl: RE: last draft

Attachments: AIHRC agreement 1.3 Nov 06.doc

AIHRC agreement
1.3 Nov ce.ooc, ..
OUps.

--- - -Or i g i nal Message-- - --

From : Gavin .Buchaneinternational .gc .ca
[mailto:Gavin.Bucbaneinternational.gc . ca)
Sent : saturday, 18 , November, 2 0 06 15:36 PM
To : Tremblay Maj N X-DCDS7.op Athena
Subject : RE: last draft

Malhereusement, il n'y a vait pas de pi~ce-joint . ..

-----original Message -- - - -
Prom : tremblay .t2aforces .gc .ca [mailto :tremblay.t28forces.gc. ca]
Sent: November 17 , 2 0 06 11 :56 PM
To : Buchan , Gavin -KANDH -DA
Subj e ct: last draft
Gav i n--', -,

« RBNAMED_A I HRC agreement 1.3 Nov 06.doc»

TT

Maj or Tarmry Tremblay

Legal Advisor
Kandahar Provincial Reconstruction Team
• • '.Iii.'

Tremblay .t28forces.gc .ca

"This information cons t i t u t e s legal advice and is subject to s olicitor- client privileg~.
If you receive this e-mail by error, please advise the sender and return all copies o f
the e -mail to her. The rules applicable t o the protection o f PROTECTED B information
apply to s olic i t or-client info~tion . •

Nov. 14, 2007 EV.DFAIT.OOO1.0087 1 of 3

 ,

Nov. 14 , 2007 EV.OFAIT.OOO 1.00 87 2013

 ,

Nov. 14. 2007 EV.DFAIT.OOO1,0087 Jof 3

 Mueller, Blanca -JLH
From: flavin.tcp3@forces.gc.ca
Sent: November 16, 2006 7:34 AM
To: Archer.SM@forces.gc.ca: uemblay.t2@forces.gc.ca: harvey.ja3@forces.gc.ca: gough.mh2
@forces.gc.ca; philtips.ka3@forces.gc.ca; Irwln.rb2@forces.gc.ca; nairne.rw2@forces.gc.ca;
Anderson, Cory -FTAG ; Buchan, Gav in -KANOH -GR
SubJocl: Post-meeting report Meeting with AIHRC to discuss detainee transfers, 16 Nov06

Nov. 14 , 2007 EV.OFAIT.OOO1 .00 88 1 012

 8. We also enjoyed some very fine fare and hospitality at PRT - thanks to the PRT team
of Tammy and Gavin for being such swell hostsl!
Lieutenant-Commander T .C.P. (Thomas ) Flavin Senior Legal Advisor Task Force Afghanistan
Roto 2

Nov, 14. 2007 EV.DFAIT.OOO1 ,0088 2012

 Mueller, Bianca .JLH
From: f1avin.tcp3@forces.gc.ca
Sent: November 15. 200610:12 PM
To: flavin.tcp3@forces.gc.ca; harvey.ja3@forces.gc.ca; mead.kj3@forces.gc.ca; Anderson, Cory
-FlAG ; gough .mh2@forces.gc.ca;tremblay.t2@forces.gc.ca;Buchan, Gavin ~KANDH-GR
Subject: RE: 16 Novembermeetingwith AIHRC at PRT re: detainees - Attendancelist

Attachments: 16 Nov Attendees rev.doc

16 Nov Attendees
rev.doc (19 K...
Folks,
Here is an updated attendance list :
« 16 Nov Attendees rev.doc»

> Lieutenant- Corrmander T.e.p . (Thomas ) Plavin Senior Legal Advisor Task
> Forc e Afghanistan Rota 2

>

Nov, 14. 2007 EV.DFAIT.OOO1 ,0089 1 of 2

 Attendees

• Engineer Abdul Quadar Noorzai, AIHRCKandahar

• Mr. Gavin Buchan, PRT Political Director

• Mr. Cory Anderson, Political Advisor to Commander, JTF-AFG

• Major TammyTremblay, PRT Legal Advisor

• Major Jeff Harvey, Joint Task Force Afghanistan Provost Marshal

• Captain Mike Gough, Joint Task Force Afghanistan J3 Operations

Officer

• Lieutenant-Commander Thomas Flavin, Joint Task Force Afghanistan

Senior Legal Advisor

Nov. 14, 2007 EV .DFAIT.OOO1 .008 9 2012

 ..
LAPORTE Eric -lOR -C4

~: KANDH -C4R
April 26. 2007 9:43 AM
To: PROUDFOOT Douglas Scott -FTAG -C4
Cc: MULRONEY David -DMA -C4; SWORDS Colleen -IFM -C4; POUPART Isabelle -lOR -C4;
LAPORTE Eric -lOR -C4; KABUL -HOM -C4R; NDHQ OTT 0 NATO POL -C4; BUCK Kerry -
FTAG -C4; NDHQ OTT DGIS POL -C4; NDHQ OTT ADM (POL) -C4; NDHQ +CEFCOM J9 -
C4R; Privy Council Offlce -e4R; Privy Council OffICe J Foreign & Defence Policy -C4R; Public
Safety & Emergency Preparedness -e4R; Correctional Services -8H; Royal Canadian
Mounted Police Head Quarter -e4R; SINCLAIR Jill -PCO/BCP -C4R; ALEXANDER Vera -
OGD -PCOIBCP -C4R; DAVIS Christopher -eGO -PCO/BCP -C4R; ANDERSON Cory -FTAG
-C4; KANDH ~KAF -C4R; EXTOTT -MINA -ce
EXTOn -uss -C4 ; LATULIPPE Alain -MINA
-C4; ROBERTSON Jamie -FTAG -C4; EXTOTT -FTAG -C4: KABUL -GR -C4R: CCATS
Subject: KANDHOO27 - Afghanistanldetainees- meeting with Kandahar AIHRC and NOS

Importance: High

SECRET CEO

peo: for Cartwright'SinciairlDavislAlexander

OND: for COS/GauthierlDeschamps/Rigby/GosselinlAnderson
CIOA: for GreenhillfTseIHallihan
eSIS: for Judd
PSEP : for HurtubiseIMaclaren
esc: for Coulter
RCMP: for BeerlMartin

o n April 26 KANDH hosted a meeting between Commander JTF~A (BGen Grant), the head of the Kandahar branch of
Afghanistan Independent Human R.!9hts Commission (AIHRC- Engineer Noorzai) and the f the
• tional Directorate of Security (NOS••

2. Bottom line outcome- the Cdn side brokered a verbal agreement between the AIHRC and NOS on future cooperation
in Kandahar. Details are as follows:
i) the AIHRC will henceforth enjoy full and unrestrictedaccess to NOS facilities in Kandahar
ii) during their visits to NOS detention facilities the A1HRC will have the right to Interviewprisoners in private,
without NOS personnel present
iii) the AIHRC will assist the NOS in lobbyingthe judiciary and prosecutors to allot additional resources to clearing
the backlog of national security detainees who have yet to be charged
iv) the AIHRC will pUblicly confirm that. as of the current date, they have received no/no complaints a9!!!!!.t the

..it
Kandahar NOS alleging that torture occurred in the period January 2006 to present 1_
covers the full period since we took over the battlegroup) [note, however, that the AIHRC have
recelvea'1ourcompraT'nts alleging NOS violation of due process- holding people without charge for longer than the
maximum period permissible under Afghan law)

3. It was agreed that these points could be made public if any of the participants in the meeting so wished. canada is
therefore free to pass the details of the understanding to the media, or to reference them in Parliament.

4. The only caveat the NOS added was that for any individualwhose case has been presented to the Attorney General the
AIHRC needs, per normal established procedures, to clear its request for access through the Attorney General before
seeking to access the individual.

5. Although the result of the meeting exceeded expectations, there had been initial challenges. The NO~s
angry that the AIHRC had spoken to the media without first attempting to resotve the issue directly with him (he had not
been personally engaged by Engineer Noorzai), and was under the misapprehension that some of the comments about
detainee abuse had originated with the AIHRC. Engineer Noorzai, however, was insistent that his organization had the
Stitutional mandate to inspect NOS facilities and should not require supplementaryauthorization. Cdn side facilitated a
_ ussicn that resolved these issues. Key factor was that NOS had just received a letter from their HQ in Kabul that
reeled them to cooperate with the AIHRC, meaning that guidance from their respective headquarterswas aligned.

Nov, 14. 2007 EV.DFAIT.OOO1,0092 1 of 2

 6. Noorzai and_ found common ground in frustration at some inaccuracies in the original Globeand Mail article.
For example, tne person cited as the NOS Director, Sadullah Khan, is not on the NOS payroll. In an eariierexchange,
Governor Khalid indicated that Khan had not worked for the NOS since 2005, and in anyevent had little credibility as he
s later jailed on drug trafficking charges. It wasalso flagged that the lastmajorfile the AIHRC opened on the Kandahar
5, involving two deaths in detention, was during the tenure of former Governor Engineer Pashtun and a different NOS
i at the four namesreferenced in the Globeand Mail article are not in the AJHRC files (except for
and in that case the datesand circumstances do not match the press article). This is not of exceptional
significance, however, as the AIHRC does not track every detainee in Kandahar.

7. The AIHRC and the NOSagreed that theywould clarify the above misunderstandings in any future contact with the
media; they are both now very aware of the close scrutiny that their remarks will be underin the Canadian press. In
addition to this, had suggested that AIHRClKandahar issue a letterclarifying that it had not received any
allegations of torture by the NOS in the last year; Noorzai said that sucha letterwould require approval from his
headquarters, and he would raisethe suggestion with them.

8. Governor Assadullah Khalid, in separate discussions, has noted his surprise and unhappiness at the Globeand Mail
story, and in particular disappoinbnent that Engineer Noorzai had spoken to the presswithout having first approached him
to seek resolution of access issues. The Governor flagged that Kabul had displayed significant interest in the situation,
and that President Karzai and the Minister of Interiorwere debating issuing a statement Khalid thought there would be
some merit to a local pressstatement, withthe government and AIHRC both speaking, but said he was waiting for
approval from the President.

10. Canadian journalists are pursuing both the Governor and Engineer Noorzai in an effort to secure additional quotes or
comments.

• NOH/Buchan
Consults: JTF-A / BGen Grant

• 2

Nov, 14. 200 7 eV.DFAIHl00 1.0092 2 or 2

 LAPORTE Eric -IDR -e4

KABUL -GR-OIR
April 25, 2007 4:25 AM
KANDH -OIR; BUCK Kerry -FTAG -01
MULRONEY David -DMA -01; SWORDS Colleen -IFM -01; POUPART Isabelle -lOR -01;
LAPORTE Eric -lOR -01; PROUDFOOTDouglas Scott -FTAG -01; KABUL -HOM-oIR;
KANDH -KAF -e4R; NDHQ +CEFCQM J9 -oIR; NDHQ OTT ADM (POL) -01; ANDERSON
Cory -FTAG -01; COOTER Chris -BNATO -GR -01
Subject: RE: KANDHOO25 - Detainees: Aooess 10 NOS facilities

SECRET CEO

Saleh today confirmed that Kandahar PRT would today be givenaccess to NOSfacility in Kandahar. though Saleh thought
it would be at 1400 not 1600. Colvin

--""""""-
From:
sent:
KANDH-c4R
AprIl 25. 2007 4:03 AM
To: BUCK Keny ·FTAG -C4
cc: MULRONEY 08vId ~ -c4: SWORDS CoIeen olFM -e4 ; POUPARTIUbelle -IDR -04 ; LAPORTEEric -lOR -e4;
PROUDFOOT Douglas SCott-FTAG -C4; KABUL -HOM -C4R; KABUl-GR -C4R; KANOH -KAF -C4R; NOHQ +CEFCOM J9
~; NDHQOTT ADM (POl) <:4: ANDERSON Coty -flAG -ce
COOTERChris -SNATO -oR-C4
Subject: KANOHOO25 • DetaInees: Access to NOS fadlltlea

SECRET CEO

1. Have set today at 1600 for ac:oess 10 NOS facilities (though this being Kandahar. there is still plenty of SCOI'" for
things to go awry). Party will be led by OFAIT with esc. PRT legal Advisor and Military Pofice in support. Wtll report
soonest on concl usion of visit

2. Have fixed tomorrow (Th ursday) tor a meeting wfth Kandahar Afghan Independent Hum an Rights Commission
Director Eng ineer Nooaai.
•
3. Understand General Grant has a 1300mtg today with Kandahar NO

KANDHlBuchan
--()riglnal Message--
From : BUCK Keny-FTAG-e4
sent: AprII2!5, 2007 12:16 AM
To: KANOH -C4R
Cc: MULRONEY David -OMA<4; SWORDS Cohen -IFM~: POUPART lu belle -IOR~ : lAPORTE Eric -lOR-C4:
PROUDFOOTDouglas Scott -FlAG -C4: KABUL -HOM -e4R: KABUL -GR -e4R: KANDH -KAF ~ NDHQ
+CEFCOM J9 -e4R; NDHQ OTT ADM (POl) -C4: ANDERSON Coty -FTAG -C4
Subject: RE: DetaInees: Access kl NOS facilities

SECRET CEO

Pleased thai NOS will provide promptac:oess 10 the Kandahar NOS facilities.
Please advise ~ you encounter difficulties in getting confi rs.
This remains an immediate priority for Ottawa. COntext of the visit is to take NOS up on their offer to visit NOS
detention cells. Offer was made April 21 in meeting between JAG Connor and esc Director. Primary goal is to
establish that access to NOS detention cells is possible. Secondary goal is to assess, to the extent possible,
quality of the general treatment of and conditions for prisoners as per normal CSC assessments during prison
visits. The visit is notInot intended to be an investigation. oFAlT lead 'NOuld be appropriate at this stage.

Have spoken to CEFCOM/Ouschner regarding CX)(ltext and purpose of visit.

• ~M1 Mestage
From :
sent:
KANDH -C4R
April 24 . 200 7 2:17 PM

Nov. 14, 2001 eV.OFAIT.OOO1.0093 1 013

 - To:
ce,
ANDERSON Cory ·FTAG -ce
MULRONEY DavId -DMo\ -ce
BUCK Keny ·FTAG -01 ; SWORDS Colleen ·IFM -01; POUPART Isabelle·IOR-e4;
lAPORTE Eric ·IOR -ce PROUDFOOT Douglas Scott ·FTAG -01 : KABUL -HOM -e4R; KABUl-GR-c4R;

•
KANDH -KAF-c4R
Subject: DetaIoees: Access to NOS fadllties
Importanc.: HOh

SECRET CEO

Please pass to: KAF/Laflamme

1. Have spoken to the Governor who has made a commitment that we will be rom t access to the
NOS facilities in Kandahar deemed
this the channel that waul ge e s resu e as a e con rm timing sue a visit as soon
as possible, but we have not yet been offered a 510t- the NOS are apparently seeking authorization from NDS
Chief Saleh in Kabul, and as KABUL noted Saleh is not currently available. We are therefore not yet In a
position to continn a time for the viall

2. Understand from JTF-A that OND has some reservations about conducting a visit tomorrow; if Ottawa
thinking on the immediate importance of such a visit has evolved. please advise.

3. For any such visit grateful you clarify:

- goal of the visit- fact finding mission? facilities inspection? interviews with prisoners? first step in
investigation? This will determine the composition of the team that we send.
- who should take the lead on the visit? (CSC have the expertise, but no mandate to engage in
monitoring; taking on a monitoring role would undermine the relationshipthey need for effective mentoring, so
they may not be the ideal choice)
- the nature of report you would expect.

KANOHlBuchan

Consults: Leal Chamberlain, PRT LEGAD

•
---Qriginal Message
From: KABUL.-GR ~
hnt: AprIl 24, 2007 9:01 PM
To: ANOERSON Cory-FlAG -c4
Ce: MULRONEY DavId -ow. -ce
BUCK KllfTY-FTAG -c4; SWORD S Colleen -IFM -ce POUPART laabeIIe-lOR
-c4; lAPORTE Eric -lOR -ce
KANDH -c4R : PROUDFOOT Douglas Scott -FTAG -ce KABUL. -HOM-e4R:
KABUL. -GR -c4R
S\lbtKt: RE: DetaInees: Urgent NOS Demarche
Im~ : High

Have spoken to OS, wtth whom we outlined (in brief)

our concerns, an reques an urgent meeting WI N . id that NOS chief Amrullah Saleh,
who arrived back. in country today, is not available tonight (it IS a ready ~ but that we could very likely
get a meeting tomorrow. If Saleh for whatever reason is not available, ~mises a meeting instead
with NOS chief of staff Mir Faizal Asaidat.

i2., iWlieiicould also probably meet tomorrow with Karzai's chief of staff Omer Oaoudzaiand, _
l possibly also Karzai himself. Pis let us know if you wish us to pursue that option.

Colvin

-origInal Mel!Isage
From: ANDERSON Cory -FTAG -e4

•
sent : April 24, 200711 :15AM
To: KABUL. -GR -c4R; KABUL. -HOM ~
Cc: MULRONEY David -ow. -ce -ce
BUCK K9I'T)' -FlAG -04; SWORDS Colleen -IFM POUPART Isabelle
-l OR -c4: LAPORTE Eric -lOR -ce
KANDH~ ; PROUDFOOT Douglas Scott -FlAG-c4
Subft<;1: DetaInees: Urgent NOS Demarche
2

Nov 14. 200 7 EV OFAIT OOQ1 .0093 ,,<3

 ImpoltMCl: High

SECRET

• erson
Consulted: Proudfoot
Approved: Buck

• 3

Nov. 14 , 2007 EV,OFAIT.OOO1.oo93 3013

 _m: LAPORTE Eric -lOR .C4

nt:
To:
KANDH-<:4R
April 24, 2007 2:17 PM
ANDERSON Cory -FTAG -<:4
Cc: MULRONEY David.oMA -<:4: BUCK Kerry -FTAG -<:4: SWORDS Colleen -IFM -<:4;
POUPART Isabelle -lOR -<:4; lAPORTE Eric -lOR -<:4; PROUDFOOT Douglas Scott -FTAG
-<:4; KABUL -HOM -<:4R; KABUL-GR -<:4R; KANDH -KAF -<:4R
Subject: Detainees: Access to NOS facilities

Importance: High

SECRET CEO

Please pass to: KAFlLaftamme

1. Have sP.Qken to the Govern r ivan promptaccess to the NOSfacilities in

Kandahar deemed this the channel that would get
the fastes resu e as a e con rm mlng r sue a VISI as soon as possible, but we have not yet been offered
a slot- the NOS are apparentlyseeking authorization from NOSChief Saleh in Kabul, and as KABUL noted Saleh is not
currently availab le . We are therefore not yet In a poeltlon to conftnn a time for the visit.

2. Understand from JTF-A that DND has some reservations about conducting a visit tomorrow; if Ottawa thinking on the
immediate importance of sucha visit has evolved, please advise.

3. For any such visit grateful you clarify:

."goal of the visit- fact finding mission? facilities inspection? interviews with prisoners? first step in investigation?
This will determine the composition of the team that we send.
- who should take the lead on the visit? (CSC have the expertise, but no mandate to engage in monitoring; taking
a monitoring role would undermine the relationship they need for effective mentoring, so they may not be the ideal
ice)
• - the nature of report you would expect

KANOH/Buchan

Consults: ice: Chamber1ain, PRT LEGAO

-Qriginal Message
From: KABUL -GR -c4R
hnt: April 24. 2007 9:01 PM
To: ANDERSON Cofy -FTAG-04
Cc: MULRONEY OlIvld ..oMA -04; BUCK Kerry ·FTAG -04; SWORDS Colleen -lFM -04; POUPART Isabelle -IDR-e4;
LAPORTE ErIc·IDR-c4; KANDH -om; PROUDFOOT DouoIas Soott-FTAG -04; KABUL -HOM -C4R: KABUL-GR-C4R
Sutlfect: RE: Detainees; Urgent NOS Demart:he
Importance: High

Have spoken to at NOS, with whom we outlined (in brief) our concerns,
and requested an urgen m ng WI • sa a S chief Amrullah Saleh , who arrived back in country
today , is not available tonight (it i .y 2 : ut that we could very likely et a meeti tomorrow. If saleh for
whatever reason is not available , romises a meeting instead with NOS
,
2. We could also probably meet tomorrow with Karzai's chief of staff Orner Daoudzai and ,
possibly also Karzai himself. Pis let us know if you wish us to pursue that option .

• COlvin

-OriglMl ........-
From: ANDERSON Cofy -FTAG -e4
1

Nov. 14 , 200 7 EV,OFAIT.OOO1.oo94 1012

 .
.JII.
....,
~

April 24, 2007 11:15 AM

To: KABUL -GR oC4R; KABUL -HOM -e4R .
Cc: MULRONEY David -DMA -ce BUCKKelTY -FTAG -ce SWORDS Colleen -1FM -ce POUPART Isabelle -IOR-e4:

•
LAPORTE Eric -lOR -ce KANDH -e4R; PROUDFOOT Douglas SCott·FTAG-e4
Subfect: DetaInees: UfV8Ill NOS Demarcne
Impc)fUlnCll: High

SECRET

•
Drafted: Anderson
Consulted: Proudfoot
Approved: Buck

• 2

Nov, 14. 200 7 EV.DFAIT.OOO1 ,0094 2 012

 .,t:
~:
LAPORTE Eric ·IDR -<:4

Cc:
KANDH -KAF -<:4R
Apri125. 2007 11 :18 AM
KANDH -<:4R; BUCK Keny -FTAG -<:4
MULRONEY David -OMA-<:4: SWORDSColleen -IFM -<:4: POUPART Isabelle ·IDR -<:4;
LAPORTE Eric -lOR -C4 ; PROUDFOOT Douglas Scott -FTAG ..(;4; KABUL -HOM -C4R;
KABUL -GR -<:4R; NDHQ +CEFCOM J9 -<:4R; NDHQ OTT ADM (POL) -<:4; ANDERSON
Cory -FTAG -<:4; COOTERCMs -SNATO-GR -<:4
Subjoc:t: RE: KANDHOO25 - Detainees: Access 10 NOS facilities

s.nt on behalf of PRTlBuchan

On Wednesday April 25, OFAfT and CSC oonducted visit to NOS detention facility in Kandahar between

universal use of leg irons. Two detainees complained of mistreatment. NDS

.dardS;
16:30-1 8:30. Team was given full access to all parts of facility requested and oonducted top to bottom
exhaustiveinspection. Conditions for prisoners generally in compliance with exception was
committed to allowing
full access to AIHRC.

Detailed report to follow later this evening.

DraftedlReleaHd: KAFllafIamme

--()rigNI Message
From : KANDH-C4R
sent: ApI1125, 2007 3:03/W
To: BUCKK8fT)'·FTAG-c4
Cc : MULRONEY David .QMA oC4: SWORDS Colleen -1FM -<;4: POUPART Isabelle -lOR oC4: LAPORTE Eric -lOR <:4 ;
PROUDFOOT DougIu SCott -FTAG -ce KABUL -HOM -C4R: KABUL -GR -e4R: KANDH -KAF -e4R; NOHQ +CEFCOM J9
-e4R: NDHQ OTT ADM (POl) -04 ; ANDERSON Cory ..fT AG-ceCOOTER CtvIs -BNATO -GR -C4
KANDH0025 - Detahees: Accea 10 NOS faclIltles

1. Have set today at 1600 for access to NOS faci lities (thoug h this being Kandahar. there is still plenty of scope for
things to go awry). Party will be led by OFAIT with esc, PRT Legal Advisor and MilitaryPolice in support. Wrft report
soonest on conclusion of visit.

2. Have fixed tomorrow (Thursday) for a meeting with Kandahar Afghan Independent Human Rights Commission
Director Engineer Noorzai.

3. Understand General Grant has a 1300 mtg today with Kandahar NOS

KANDHJBuchan
---Originat Message
From: BUCKKerry.fTAG~
sent: Apt11 25, 2007 12:1l' AM
To: KANOH~
Cc: MULRONEY Davtd -DMA.~: SWORDS CoIeen -lFM.c4; POUPART ,...beIIe -lOR .c4: lAPORTE Erte -IOR.c4;
PROUDFOOT Douglas SCotl-FTAG.c4: KABUL -HOM -e4R: KABUL -GR -C4R; KANOH -KAF -C4R; NDHQ
+CEFCOM J9 .c4R; NDHQ OTT ADM (POl) .c4: ANDERSON Cory -FTAG.c4
SubjKt: RE: DetaInees: Access to NOS facllitlee

SECRETCEO

will provide prompt access to the Kandahar NOS facilities.

Pleaseadvise if you encounter difficulties in gettingconfi 111.

• This remains an immediate priority for Ottawa. Context of the visit is to take NOS up on their offer to visit NOS
detentioncells. Offer was made April 21 in meeting between JAG Connor and esc Director. Primarygoal is to

~~~ilI""---------------"Wi'AilJiOOi:oo;,-----------------
Nov 14. 200 7 EV.DFAIT.CXlOH I095 l 013
 establish that access to NOSdetention cells is possible. Secondary goal is to assess, to the extent possible,
quality of the general treatment of and conditions for prisonersas per normal esc assessments during prison
visits. The visit is not/not intended to be an investigation. OFAIT lead would be appropriate at this stage.

• Have spoken to CEFCOMIOuschner regarding context and purpose of visit.

~ f.4es s a~ s
From :
hnt:
To:
Cc:
KANOH.c4R
Ap1124, 2007 2:17 PM
ANDERSON Cory-FTAG-e4
MULRONEY Davtcl-DMo'...c4; BUCK Kerry -FTAG -<:4: SWORDS Colleen ·IFM -04 ; POUPART lubele ·IDR-c4;
lAPORTE Eric -lOR -C4; PROUDFOOT Douglas SCotl-FTAG <:4: KABUL -HOM.c4R; KABUl -GR -C4R;
KANOH·KAF-e4 R
SubjKt: Detainees: Acce&s to NOS facilities
Importance: High

SECRETCEO

Please pass to: KAFlLaftamme

1. Have spoken to the Governor who has made a commitmentthat we will be access to the
NOS facilities in Kandahar we deemed
this the channel that woo as soon
as possible, but we have not yet been offered a slot- the NOS are apparently seeking authorization from NOS
Chief Saleh in Kabul, and as KABUL noted ScHeh is not currently availat$. We are therefore not yet In a
~Ition to conflnn a ti me for the vtalt.

2. Understand from JTf-A that ONDhas some reservations about conducting a visit tomorrow; if Ottawa
thinking on the Immediate importance of such a visit has evolved, please advise.

3. For any such visit grateful you clarify:

- goal of the visit- fact finding mission? facilities inspection? interviews with prisoners? first step in
investigation ? This will determine the composition of the team that we send.
• who should take the lead on the visit? (CSC have the expertise, but no mandate to engage in

•
monitoring; taking on a monitoring role would undermine the relationship they need for effective mentoring, so
they may not be the ideal choice)
- the nature of report you would expect.

KANDHlBuchan

Consults: LCoI Chambertain, PRT LEGAD

--()riginal Message
From: KABUL -OR -e4R
s.nt: AprIl 24, 2007 9:01 PM
To : ANDERSON Coty ·FTAG -c4
Cc: MULRONEY Davlcl-oMA -c4; BUCK KetTy·FTAG-c4; SWORDS Colleen ·IFM -C4; POUPART 1~ -lOR
-C4; LAPORTE Eric -lOR-ce KANOH-c4R; PROUDFOOT Douljas Scott ·FTAG -c4; KABUL. -HOM.c4R;
KABUL -GR -c4R
Subfect: RE: DetIlInees: Urgent NOS Demarche
~lCe : HIgh

2. W e could also probably meet tomorrow with Karzai's chtef of staff Orner Oaoudzai and, _
possibly also Karzai himself. Pis tet us know if you wish us to purs ue that option.

• 2

Nov 1" . 2007 EV DFAIT 000 1.0095 ,,<3

 Colvin

•
--QrigInal Messag&--
From: ANDERSON Cory -FTAG -ce
Stint: AprlI24,200711 :15AM
To: KABUL -GR ~R: KABUL -HOM-c4R
Cc: MULRONEY David-DMA -ce -ce
BUCK KIlTY -FTAG SWORDS Colleen ~FM -ce POUPART Isabelle
. -lOR -04; LAPORTE Eric -lOR-ce KANDH -c4R: PROUDfOOT Douglas SCott.FTAG-c4
Subfect: Detainees: Urgent NOSDemarche
Importance: High

SECRET

•
ed:Andmon
Consulted: Proudfoot
Approved: Buck

• 3

Nov 14, 2007 EV.DFAIT.OOO1.0095 3 013

 LAPORTE Eric ·IOR -C4
From: KANDH-C4R
~nt:
.:: April 30 . 2007 7:34 AM
PROUDFOOT Douglas SCott -FTAG-C4
MULRONEY David -DMA -C4; SWORDS Colleen -IFM -C4; POUPART lsabolle -IDR -C4;
NDHQ OTT ADM (POL) -C4; ANDERSON Cory -FTAG -C4; COOTER Chris -BNATO -GR-
C4; KANDH -KAF -C4R; BUCK Keny -FTAG -C4; KABUL -GR -C4R; LAPORTE Eric -IDR-
C4; GOLBERG Bisso -IRH-GHA -C4; NOLKE Sabine -JLH -C4; ALEXANDER Vera -000 -
PCOIBCP -C4R; EXTOTT -FTAG -C4
SubjOCl: KANDHOO28 - Notification of AJHRC and ICRC

SECRET CEO

RC and ICRC in writing on April

they received their copy at
RC did in fact receive the information}.

2. t have, verbally, asked both organizations to conduct appropriate follow-up. If you wish us to put that request in writing,
please advise.

3. NOS officers were present on April 25 when the complaints were made, and they heard the allegations first hand.
Given that this was the case, at the end of the April 25 CSC/OFAJT visit to NOS facilities I raised the allegations directly
with NOS_ . _ _ he maintained that therewas no substance to them, and that it was a transparent attempt by
hardcore ~ it the government

4. I flagged the complaints to the Governor, verbally, on April 26. Note that as the NOS are aware of the full detail of the
allegations, we have to assume they have passed that information on to the Governor.

5. Com ment: as the allegations were heard first hand by the NOS, the GoA is al
issue. Under the circumstances , believe that the pnly Wf4Y to ensure AtHRC
Iow up effectively would be to formally advise the Governor and the NOS
t done, suspect they would be pressured to desist
•
KANOHIBuchan

-OriglnoJ ............-
From : PROUDFOOT Douglas Scott -FTAG -C4
$tnt: ~126, 2007 9:12 PM
To: KANDH~
Cc: MULRONEY David -DMA -04: SWORDS Colleen -1FM -04; POUPART Isabelle -fOR -04: NDHQ OTT ADM (POL)-<:4;
ANDERSON Cory -FTAG -04; COOTER Chris -BNATO .oR -04; KANDH -KAF -c4R: BUCI( Kerry -FTAG -<:4; KABUL -GR -
C4R; LAPORTE Eric -l OR -04; GOLBERG Elisu -1RH-G!iA -ce
NOU<E S8blne.JLH -<:4: AlEXANDER Vera -OGD ·
PCOIBCP -c4R; EXTOn ·FTAG -e4
Subject: RE: KANDH0026 · VIsIt to NOSdetention f8CllIty

SECRET CEO

Thank you for detailed report on visit to NOS detention facility in Kandahar. Report Indudes specific allegations of
mistreatment of two detainees. p~ take foIowing actions:

1. Convey specffic information regarding the prisoners and their complaints to the ICRe and to the A1HRC, asking that
they conduct foIlow-op investigations.

2. Indicate to the NOS, and other appropriate GOA authorities such as the Governor, that we have received
information relating to mistreatment of detainees, and that these complaints are a matter of serious conoem,
withoutlwithout identifying the complainants or providing other specifics.

Approved: FTAGlBuck

•
Nov. 14. 2007
1

E'I .DFA1T.OOO1.0096 1 011

 , Page I of I
•

• Proudfoot, Douglas Scott -FTAG

From:
Sent:
To:
Anderson, Cory -FTAG
May 1, 2007 11:43 AM
Lalani, Arif -KABUL -HOM/COM
Cc: Colvin, Richard -KABUL -GR ; Manuge, Annemarie -KABUL -GR; Buck, Kerry ~PI D ; Mulroney,
David -DMA; Gibbins, Christopher -FTAG; Proudfoot, Douglas Scott -FTAG
SUbject: Letter for FM Spanta attached
Attachments: Arif letter to Spanta.doc

ArW,

Furtherto the conferencecall earlier today, pleasefind attached the letter for onwardtransmission to FM Spanta.
You will notice that it will require Embassy letterhead .
Thanks.

Feel free to contact me if you have any questions.

cory.

Approved : DMA

• 02105/2007

Nov, 14. 2007 EV.DFAIT.OOO1,0097 1 of 2

 .•"
.

•
May 01,2007

His Excellency Rangin Dadfar Spanta

Foreign Minister, Islamic Republic of Afghanistan
Kabul, Afghanistan

Dear Minister,

•
Arif Lalani
Ambassador

•
Nov. 14, 2007 EV.DFAIHlOO1.0097 2 012
 070117

• " •
51~~_Admlrolitl_ln
" """"
.;i ICariiIahiir P,RT
_ ,
TnIInlng and ..ontDring
' d, Tenns otR~

I
The capacity of the Afghan government In managing detention facilities requires further
development to ensure the safe and humane treatment of detainees. Extensive policy work and
training development has taken place at the national level In Kabul but the security and finandal
difficulties experienced In the southem provinces have precluded some of the work reaching the
provincial prisons in that area.
, ,*
'I
The emphasis of this project Is placed on extending the authorfty of the Afghan Ministry of
Just:k:e central Prison Deparbnent to the province of Kandahar and thereby conbibutlng to the
Justlce sector Reform Plan by implementing policy and strategk: plans of the Consultative

•
Working Group on Prisons and Detention Centres with regards to Reconstruction and
Rehabilitation of Prisons, Training, and Administrative Reform.

• SInce August 2005, Canada has been In commend of the Provincial Reconstruction Team
(PRT) located In Kandahar.
• In December 2005, Canada signed an Arrangement establishing procedures in the event of a
transfer of detainees from canadian Forces to Afghan authorities, and reinforcing the
commitments of both participants to meet their obligations under International law.
• esc has been present in Afghanistan for the past 3 years worl<Jng through the Un~ed Nations
Assistance Mission In Afghanistan (UNAMA), to assist the Ministry of Justice (Mol) In Its efforts
to establish a professional correctional system, respectful of the rule of law and International
human rights standards and practces. PrIor to proposing this deployment, esc conducted an
assessment In August 2006 of the detention and corrections system In Kandahar to identify
key areas where they may provide value-added assistance (HSP 06-077).
1. ~ ' ;, , .'. , , i!¥'i I
12 months

•
Nov. 14, 2007 EV.DFAIT.OOO1.oo98 1013
 070117

esc will deploy 2 olllcl!B to the Kandahar PRT for 12 months to provide mentDring and training
to Afghan corrections front-line ofIIa! rand admlnlstralofs In Kandahar. The olllcl!B' transfer to
Kandahar will be facilitated by DND. In theatre,the olllcl!B will be under the protection of the
canadian Forces with additional spedIic measures In place to mitigate the threat to civilian
personnel.
I'!!JJ.!!I!ill'i!!! II! ' ; ~'!i! ~"' . ~ \:;{; iii:0::!!l? ,~>m;"ii ~t!i!li!!iJ:Jlim
This project: aimed at strengthening the detention and correctional system in KandahBr was
developed In manner consistent with the Afghanistan National Development Strategy (ANDSJ, the
Afghanistan compact and benchmarlis, the IegIsIatM! and policy work already underway In Kabul
and In neighboring provinces by the Afghan Ministry of Justice COnsultative Working Groupon
Prisons and Detention centres under the coorclinatfon of the United National Assistance Mission
in Afghanistan (UNAMA).
The work will assist Afghanistan authorities In strengthening the detention and corrections
system and facilities In Kandahar and Its capacity to ensure humane treabnent of detainees.

Tl'lIlnlng, menlDrfng .nd c:opodty building

• esc deployed ofIIcers will deI""r the national training curricula on the new Prisons and
Detention Act, human rights and prison operations to Kandahar prison fronHlne staff and
admlnlstralofs In order to Improve security and IMng oondlllons at the facility.
• On Iocatlon mentoring will be Implemented to support the newly acquired knowiedIge and
skills and to ensure that a iong-tenm capacity will be developed within the central PrIson •
Departmentand Justice Department Itself.

Expert _ on Inftamucture.nd Equipment

• esc staff deployed to the PRT will develop local knowledge of functlonlng pnsons and their
requirements. Building on the Initial assessment oonducted In August 2006, this will allow
them to provide advice PRT PoIIl1caI Director on the necessary Infrastructure ImJllOll"lll"'lts
and basic equipment needed for serpcee Prison.

Sbategk enpgement
• Early In the assignment, the senioresc officer deployed to the PRT will spend a wee!< or so
In Kabul to establish liaison with the COrnectlons AdvIsor to UNAMA (HSP project 06-078), to
attend a meeting of the Working Group on Prison and Detention Centres and to met the
Intematfonal players from United Nations OffIce of Drugs and Q1mes (UNODC), Corrections
sector Support Program (CSSP), the Canadian, UK and Dutch embassies. The officer will also
undertake occasional b'avel to Kabul to ensure liaison with key partners and to pertinent
International conferences to engage Afghan and International correctfons reform stakeholders
at the natlonallevel.
• Strategic guldanoe will also be provided from esc headquarters In Ottawa through liaison
with Interdepartmental Working Group partnefS (DND, RCMP, DFAIT, crOA), regular oontacts
with officers In theatre, travel to the PRT as well as through engagement with Afghan and
International stakeholders at pertinent Intematlonol oonferences. These strategic
engagements will ensure canada's whoIe-of-govemment approach and Intematlonol
coordInation of Justice Sector Reform.

CSC-ottawa Project ManBgement

•
Nov. 14, 2007 EV.OFAIT.OOO1 .0098 2013
 ------~---

070117

• • The overall management of this project wlll be ensured by esc headquarters In Ottawa by •
dedicated program offlcer who will receive training (Theatre Mission Specific Training &.
UNAMA PRT Training) required tc provide advice and support tD deployed officers. The
proposal covers all operational expenses related to these activities Indueling training, offlce
supplies, oommunlcatlons, travel in Canada and to theatre, publications, etc.

The mission final report wlll be submitted to the Department of foreign Affairs (funding agency),
Correction 5ervIce of Canada (executing agency) within four weeks upon retum from the mlsskKl
for consideration.

•
Nov. 14, 2007 EV.DFATT.OOO1.0098 3013
 GPSF File Number: HSP 06-254

• INTERDEPARTMENTAL
MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN

THE DEPARTMENT OF FOREIGN AFFAIRS AND

INTERNATIONAL TRADE (DFAIT)

AND

THE CORRECfIONAL SERVICE OF CANADA (CSC)

(Hereinafterjointly referred to as the "Participants")

1. PURPOSE

This project, entitled, "Support to Prison Administration in Kandahar, CSC deployments to

PRT" will fund the deployment of two Corrections Experts to the Kandahar Provincial
Reconstruction Tearn (pRT) for a period of one year for the ~of~~
iiOiit4ine Si8if and admTmstrators, provrdIrig8i!vice~pPSO n ~ anci~'(I'!!~ !!!l'l

•
!'Oga8i!>8 at a nati,olJ& ~el ~gban co~on SyslCllO refqrrn~ This project will also fund the
logistic, project management and strategic support for the project by esc headquarters in
Ottawa:
~
~
,
,. . ..... " :i f '
Ie. ' <:;SC wilf!!Ol>l6V 2coffieers to'me ~J,(T ilif,1 man to ~
.ll)and trainirigtlr'AfgtW, corrections staff iii Kandahar:Tbis menronng an4~_
opportunity will allow CSC staff to deliver the national tiainiog curricula on the_
Prisons and Detention Act, human rights and prison operations to Kandahar prison
p-ont~line' staff and a4ministrators in order, to imprpye security and living conditions
at the facility.
• On location mentoring win be implemented to support the newly acqUired liDow edge
and skills and to ensure tjlat a long-term capacity-will be develoP"!! wi!J1in t!le 'Cen\!lll
r riSon R.eParrmenl ",,-d'Justice ~ent itself:
• The officers will be rotated into the PRT on a 6 month basis.

~ildepioyedcr;:;:eP~~ocaIlmow edge of fiiiiilllonmg pnsonli

and their requirements. Building on the initial assessment conducted in August 2(00)
tlri,s will allow them to provide'adviceto the PRT Political DiJ'ector on the necessary
infrastrucl1!re U!ll!!!!.vements and basic !"IuiPment needed for SllrJ1Qza P~n.

• Global Peace and Security Fund - Interdepartmental Memorandum of Understanding I

Nov. 14 , 200 7 EV,OFAIT.OOO1.oo99 1 of 7

 GPSF File Number: HSP 06-154

Detention Centres llDd to meet the intemalional pl,yen &om United Nalions Office of
Drugs and Crimes (UNODC), Corrections Sector Support Program (CSSP), the
Canadian, UK and Dutch embassies. During the assignmeut, the officer will aI""
lIIIdertal:e occasional travel to Kabul to ensure liaison with key parlnel's and to
•
pertinent international confen:oces to engage Afghan llDd inlernational corrections
reform stakeholders at the national level,
• Strategic guidance will be provided from CSC headquarters in Ottawa through liaison
with Interdepartmental w orking Group partners (DND, RCMP, DFAIT, CIDA),
regular contacts with officers in theatre, travel to the PRT as well as through
engagement with Afghan and international stakeholders at pertinent international
conferences. These strategic engagements will ensure Canada's whole-of-
government approach and international coordination of Justice Sector Reform..

CSC-ottaw, Project Moage.......

• The overall management of this project will be ensured by CSC headquarters in
Ortawa by a dedicated program officer whn will receive training (Theatre Mission
Specific Training & UNAMA PRT Training) required to provide advice and support
10 deployed officers. The proposal covers all operstional expenses related 10 these
activities including training, office supplies, communications, travel in Canada and in
theatre, publications, etc.

This project is consistent with the assessment conducted of the detention and corrections system •
in Kandahar in August 2006 (HSP 06-077) and the plan developed to identify key areas where
they may provide value-added assistance. It is also closely linked to the ongoing deploymenl of
a Corrections Advisor to UNAMA (HSP 06-078).

Funding for this project will cover expenses incurred during FY 2006-2007 starting October I,
2006 and during entire FY 2007·200810 March 31, 2008.

Proj ect Name: Support to Prison Administration in Kandahar - CSC deployments to PRT
(Hereinafter referred to as the "Project")

2. ROLES AND RESPONSmlLmES

DFAIT will provide the CSC with funding, through the establishment of an Other Government
Department (OGD) Suspense Account
OFAIT remains accountable and responsible for project and project funding.
The esc is responsible for the overall implementation of the project and will oversee the
expenditure of funds in accordance with its own financial authorities and the terms of this MOU.
The CSC will also be responsible for administering the funds, monitoring the project
implementation and reporting on results achieved and actual expenditures (by budget line).

Global Peace and Security Fund - lnt~rdepartmentaJ Memorandum of Understanding 2

•
Nov. 14. 2007
- - - -- - - - - -.v:;" 0001 0099 ----------------2~ 7
"f1iimi3.....
EV.DFAIT
 GPSF File Number: HSP 06-254

• 3. MAXIMUM AMOUNT

The total payable under this MOU will not exceed the amount of CAD $978,886.

4. SCHEDULE AND BASIS OF FUNDING

Once this MOU is in effect, the CSC may access the relevant funds in two (2) installments via
DFAIT FIS coding (see below) as follows:

CAD $220,000.00 Upon signature of this MOU

CAD $758,886.00 April I, 2007

These funds will be expended by March 31" 2008.

The OGD Suspense Account mus t be cleared by the end of each fiscal year and all expenditures
within the fiscal year accounted for within the Appropriation.

DFAIT FIS coding:

Dept. Code: 0050

IS Organisation Code : 73000

•
IS Reference Code: 5000179765

The projected expenditures of this project are estimated as follow s:

Fixed + Maximum Overtime 35

Corrections Salary & Overtime $452,222.00
hrsIwee k less 36 co ensation da
Officer x 2
FSD As per Directive $106,706.00
Centre for Intercultural Travel, training, accommodation, per
$16,840.00
Learnin diem
Travel, training, accommodation, per
Pre-posting TMST Kingston/Gagetown $12,640.00
diem
Pre-medical & pre-dental, meds,
Mission related expenses mission equipment. passport, visa. $6,000.00
8ta e
Travel toIfrom post (Officer 1)
Retwn executive fare $20,000.00
Ottawa - Dubai - Kandahar
Travel toIfrom post (Officer 2)
Posting Return executive fare $20,000.00
Ottawa Dubai
$23,030.00
Letter of Assist ($35 @ day x 365) x

•
In-theatre living expenses
2 officers

Return to
OGDDebrief Travel trainin accommodatio 9640.00

Global Peace and Security Fund - InterdepartmentalMemorandum a/Understanding 3

Nov. 14, 2007 EV. OFAIT.OOO1.0099 3 01 7

 GPSFFile Number: HSP 06-254

Canada

Su ~Totai
Centre for Intercultural
Learnin
diem
Travel, training, accommodation, per
diem SI6,080.00

5683, 158.00
•
Pre-Mission Liaisonwith Key
Team Leader Canadian and International Travel + Room & Board in Kabul Sl,OOO.OO
Partners in Kabul
Continued Liaison withKabul Travel + Room & Board in Kabul $400.00
Attendance to 2 international
Travel, accommodation, per diem S3,620.00
conferences
CSCNHQ
Project
Monitoring In-Theatre visitsx 3 Travel, accommodation, per diem S33,750.00
and
Assessment
ISAF
European European quarterly meetings 4 x -. $4000 S16,OOO.00
meetin
Su~Tota l

HQ Project
Project Officer Salary (AS-l)6)
$54,770,00

Sl09,333 .00
•
Mana ement
Admin Support (CR-l)4) x 90 days S15,OOO.00
mST Travel, training, accommodation. per
S2,560.00
KingstonfGagetownlPetawawa diem
Travel, training, accommodation, per
UNAMA PRT Training Kabul S12,950.00
diem
In-Theatre visit Travel, accommodation, perdiem Sl1 ,115.00
Training. office supplies,
Operational Expenses (HQ) communications, travel in Canada. $40,000.00
publications, etc.
Sub-Total 5190,958.00

Global Peace andSecurity Fund - InJerdepartmental Memorandum ofUnderstanding 4

•
Nov. 14 , 200 7 EVDFAIT OOO 1.0099 4 01 7
 GPSF File Number: HSP 06-254

• 5. ACCOUNTING OF FUNDS

The esc agrees to provide DFAITwith an interim accounting including amounts expended by
budget line of the use of the funds on, or before, the following dates:

Due Date Reporting Period

April 30, 2007 October I, 2006 to March 31, 2007

July 30, 2007 April I, 2007 to June 30, 2007

October 31, 2007 July I, 2007 to September 30, 2007

January 31, 2008 October I, 2007 to December 31, 2007

April 30, 2008 January I, 2008 to March 31, 2008

The accounting will include expenses to date and a forecast of expected requirements forthe
remainder of the project. Any expected non-utilization of funding must be communicated to
DFAIT as soon as possible, or within 30 days prior to the expiration date of this MOV.

• Funds not expended by the esc pursuant to this MOV by March 31" 2008 will be returned to
DFAITin accordance with FY end financial process. The esc will maintain adequate financial
records related to this project and will comply with all Treasury Board ofCanada policies and
procedures and the Financial Administration Act.

6. PERFORMANCE REPORTING

At the end of the Project, esc will provide DFAIT with a Final Financial Report and a Narrative
Report on the results achieved of the Project. The Final Financial Report will be based on
budget line items included in the approved budget (see article 4.). The Final Narrative Report
will include, but not be limited to, a description and analysis of the activities and achievements
of the Project; a comparison of planned versus actual activities, including an explanation of
variances; successes and failures of the Project in terms of meeting its objectives; problems
encountered, actions taken, results and lessons leamed; and conclusions and recommendations.
The reports will be submitted to the Peacekeeping and Peace Operations Group (IRP) , START,
DFAIT by May 15, 2008 .

esc will also provide to DFAIT copies of the regular reporting on activities and results achieved
by the officers deployed to the Kandahar PRT.

7. DESIGNATED CONTACTS

• All notices in relation to any activity covered under this MOD will be sent to the following
designated contacts:

Global Peace andSecurity Fund - InterdepartmentalMemorandum o/Understanding 5

Nov. 14, 2007 EV.DFATT.OOO1.0099 5 0f 7

 GPSF File Number: HSP 06-254

ForDFAIT:

Tudor Hera
Global Peace and Security Fund Coordinator for Afghanistan
•
Peacekeeping and Peace Operatioos Group (lRP), START
Department of Foreigo Affairs and Intematiooal Trade
125 Sussex Drive
Ottawa, ON KI A 002
Tel: (613) 944-0261
Fax : (613) 944-2128
Email: tudor.hera@international.gc.ca

Forth. CSC :

Ginette Leclerc
Senior Project Officer, International Relations
Correctiooal Service of Canada
2C-I?, 340 Laurier Avenue West
Ottawa, ON KI A OP9
Tel: (613) (613) 992-8638
Fax: (613) (613) 992-9283
E-mail: leclercgr@csc-scc.gc.ca

The names of the officers cited above may be changed by simple notification without formai
amendment to this MOU.

8. DURATION AND TERMINATION

•
This MOU will come into effect on the date of the latest signature. It will remain in effect until
March 31st 2008, or its earlier termination. Either Participant may terminate this MOUupon
giving 15 days of advance written notice to the other Participant.

9. AMENDMENT

This MOUmay be amended uponthe mutual written consent of both OFAIT and esc.

On behalfofthe Correctional ServiceofCanada:

Keith Coulter Date

Commissioner

Global Peace andSecurity Fund - Interdepartmental 'Memorandum a/Understanding 6

•
Nov, 14. 2007 EV.DFAIT.OOO1.0099 6 of 7
 GPSFFile Number: HSP 06-254

• On behalfofthe Department ofForeign Affairsand International Trade:

Tim Martin Date

Senior Director and Deputy Head
Stabilization and Reconstruction Task Force
(START) Secretariat

• GlobalPeace andSecurily Fund- InterdepartmentalMemorandum o/Understanding 7

Nov, 14. 200 7 EV.DFAIT.OOO1.oo99 7 017

 Canada's Global Peace and Security Fund:

Fragile States Online Community For Justice Sector Reform and

TransHionalJustice
Partner: Correctional Service of Canada (CSC )
DFAIT Contribution: $978.886.00

• Tlmeframe:
Thematic area:
Geographic area:
February 2007 - March 2008
Justice and security system reform
Afghanistan - Kandahar Province

Two-th.... sentences outlining background/context of project

A crucial component in reforming the Justice System in Afghanistan as outlined in
the Afghanistan Concept paper is Corrections Sector Reform. Extending the
authority of the Afghan Ministry of Justice Central Prison Department to the Province
of Kandahar is crucial to developing a transparent and fair corrections sector that
ensures humane treatment and access to due process . Insuring that these basic
guarantees are met is a particularly important issue with regards to individuals
detained by Canadian Forces in connection with the insurgency and transferred to
Afghan authorities.

~;aT.~rt~ Jro ect,

?~ oal etc. ~.iijlliiIiillfllliii
~"" .-!~ iii, ~~ .:!, ; L ' . "
c
. o

.
""1"''''!1Ol:ontrtoote IoJhe ~ ~ oI','l'l'1iJl!lfC8
h'

1'Jghanlstan through impro_nls to the Afghan correctlonssyslem. They will !I:I!Iii

and mentor Afghan oorrectlons officers and administrators, engagll 'It a natiOns(
level in corrections StlI<I9L~ an.<tPl'Ovk!e .!!1e e~J9LMlJ"1~ ful1!l
PlQjects in \his fi!*! . The professionalization of the corrections sector will contribute
to a more transparent and fair process which will contribute to the humane treatment

• of prisoners. access to due process and will help build public confidence in
govemment institutions.

Nov, 14. 2007 EV.DFAIT.OOO1.0100 1 of 1

 •
CSC SITUAnONAL REPORT
NOS and NAnONAL SECURITY PRISONERS

Chain of Command
The Organizational Chart for the&:op is bein developed and as such there Is no
formalized reporting structure. holds the rank of Colonel and does
on a daiW basis call in counts to e as well as submlls their daily reports.
I .nd this department was moved to the
Department of Justice in May 2005. District Detention Centres report in to the
Warden of the Provincial prisons so in the case of Kandahar there are 17
Detention Centres who report in to Sarpoza.

• Prisoners In the National security Wing of Sarpoza

CSC's first visll to Sarpoza was on 200H)2-13 at which point we received a
small general tour and were given a basic profile of the prison and inmate
Population. Sarpoza handles inmates not only from Kandahar but also from
Qalat, Uruzgan, and Hilmand provinces. The inmate count Is approximately 700
with t~ting a maximum capaclly of 3,000 II all the necessary repairs
were iTiiide"iii'iIi cells. There are 70 cells within the criminal section and 70
wIIhin the national security section. There are 4 regimes within the prison. They
are:

• women (20) I children (17)

• juveniles (50)
• criminal (430)
• political (180)

In the National Security Wing there are at last report 136 Inmates being held
prisoner. They could be in various stages of the prosecutorial process as once
they have been investigated and charged they are transfemad from NOS to
Sarpoza. While there they will be processed through the 3 phases of the court
system and II sentenced will serve their sentence at Sarpoza. Higher profile

•
Security prisoners may be transferred to the prison in Kabul known as Pul-l-
Char1<hl.

Nov 14, 2007 EV.DFAl T.OOO10102 101 6

 •
Access to National security Wing (ahould we have access)
esc toured the National Security Wing on March 8'" the JAG and PAFO. During
a previous meeting wtth the Intematlonal Legal Fund, the lawyers had raised the
issue of not being allowed a separate room where the defense lawyers could
-"nd
meet wtth their clients. This was discussed wtth he indicated that
an area has been made availa~uest'1iiii'iiCKriiiedged that they also
conduct interviews at the cell. -.vas esc told that would continue to
monllor this matter wtth the lawyers, h~is as a human rights issue.
While walking through the prison later _ s h o w e d the Team an office
that would be made available.

A tour of the National Security area (Political Prisoners) was conducted. The area
currently houses 158 inmates. When questioned by the JAG - " t a t e d
all prisoners in this area have been convicted, however some of the prisoner's
files are still under investigation. Answers to our questions were that "the flies
were still running" and that "some crimes and stories have not been explained".
The NOS apparently maintains the files of these prisoners; this creates the
problem of the prison not knowing the exact nature of the crime or of. the
sentence. The prisoners are brought to the prison wtth a letter of commiltal and a
letter of when they are to be released back to the NOS. According to
the Attorney General and the NOS know the reasons that each prisoner is being
held. Sarpoza Prison ensures that both Kabul and the AIHRC are notified of any
new prisoners. We were told National Security prisoners are accorded the same
treatment as the rest of the facilily. In direct questioning the prisoners themselves
•
indicated that they are well-treated and shown proper respect, the qualifier to
these answers is that ~f the facilily was present at the time of the
questioning. There is~ political prisoner; who is being held in the
Women's Unll for kidnapping children, which in their words can be interpreted as
a political crime.

While touring the National Security range II became very apparent that Ills in the
same need of repair as In the rest of the facilily. The walls and ceilings need re-
plastering and the floors need to be smoothed by concrete. This was blatantly
demonstrated when the Trainer/Mentor removed a used syringe from one of the
many holes in the hallway walls. Wilhin inches of this find was another hole wtth
a plastic wrapped lIem secreted in II. Both lIems were turned over to the prison
staff. Many of the windows in the cells had been plastered over and did not
provide sufficient airflow and ventilation. The cell floors are wet in both cells that
were inspected.

•
Nov 14, 2007 EV.DFAlT.OOO1 0 102 2 016
 • On April 1"" esc along with _
other
Officers, one being from KPRT and the
who was at the base on business from the Du1ch
PRT in TIrin Kot, reviewed the Registration process for National Security
prisoners and were given full access to registration books and court documents,

At the outset we were told that the process for sending someone to prison is not
their responsibility and is the decision of ANP HQ. They have a section, which
they referred to as the "disoovery section" that we took to meant investigative
branch. There are 72 hours in which to investigate at which point the Attorney
Genera l can send the prisoner to Sarpoza.

There are three types of prisoners that Sarpoza will admil to the prison, those
sent by the ANP , those sent by the Attomey General and those sentenced by the
courts. The Attomey General segment for processing is 2 weeks during which
time the prisoner is at Sarpoza. The documents then go to the court and they in

• tum have 3 months to determine gUiil. If found guiity they are sentenced for a
specified period of time.

They stated they reoognized the two categories of prisoners, those awailing court
and those sentenced and the fact that they should be kept separate. They do try
to as much as possible by keeping them in separate cells however this is in the
area of convicted prisoners. They do have an area in the prison for Remand
Prisoners however as the roof is in need of repairs they try to separated them
using specific cells in the criminal section of the prison. esc will need to
address the roof repairs in order to re-open their Remand centre so as to adhere
to UN Standard #85.

With regards to documentatio showed us that all

prisoners admitted were cove y ocumentaton a referred to as Form
#2. We were shown both the Registration Book, the file with the Form #2
Admission papers and another file with Discharge Orders from the court. A
seoond fingerprint in the Registration Book confirms that a prisoner has been
discharged . These particular documents were for the National Security prisoners
of which there are currently 136. The A&D process for them is identical to that of
criminal prisoners. When they first took over the prison there had been prisoners
on sile past their sentencing date bu1 not any more. In order to ensure this they
have a BF system whereby 1 week prior to a release date the prison contacts the

•
Nov. 14, 2007 EV.DFAIT 000 1 0102 3 ~6
 courts to ensure they complete the necessary documentation for the inmate's •
release. The CSC and JAG were both allowedto photograph these documents.

This process was conceived b~nd implemented at Sarpoza. It was

sent to CPO for their approvai~ now under the Impression that the
MoJ is e~s are using.this system. This however is not the
case as _ c o n f i n n e d that TIrin Kot kept no admission or
discharge papers what so ever.

Inmates who have more that a 10 year sentence, high profile security cases,
kidnapping, murder, and drug offenders will serve their sentences at Kabul.
Inmates in the south will serve their tenn at their provincial prison unless they
present a behavioural problem at which point they are transferred to Sarpoza.

NEW FACIUTY AT NOS

On March 14"' CIVPOL, esc and the MP Officer In-Charge met w i t h _
of NOS. Introductions were mede
and the in~ial conversation revolved around CIVPOUMP issues with the area of
need for NOS bei vehicle re air and the need for District Offices.

W~ regards to CSC issues our mandate was explained to

the fact that we were offering assistance and trainin to Sa
assessed the needs of the ANP Detention Cantra.
Americans were building a new prison for NOS.
•
When asked about female prisoners he stated they
had one female officer who handled such cases but as they did not have an area
to house female prisoners they were transferred to the ANP Detention Centra. A
request to see the detentionarea in the Mure was also expressed.

The meeting with - . , n d e d with the request in the future to meet with
the heads of the respective Departments in particularthe person in charge of the
Detention area and Attomey General.

•
Nov. 14, 2007 EV.DFAIT.OOO1.0102 4 01 6
 •

On April 22'" JAG Connor and the esc Director held a meeting with NOS
officials. We met with

The JAG and CSC both explained their mandates and made offers of assistance.
esc also asked for access to their detention area and cells, again with the offer
of training and mentoring to their staff. It was stated we had an understanding of
their role, as in our country National Security is very important. We stated that

• we knew what he did, that we do the same work and that we appreciate the
sensitivity of the Issuesand that Canada is open to a \YOrking relationship.

While this is a
branch of the military n functions as an independent organization with the main
focus to deal with anti-govemment crimes. He stated that he is glad that after
two years of being In Kandahar that someone has actually contacted him and is
willln to advise and work with them.

A significant amount of the conversation revolved around the proseculorial

processes regarding NOS cases. They too have a primary, high and Supreme
Court system. While their focus is on Kandahar they also take cases from Zebul
and Uruzgan. The department has two branches; one that looks at what they call
inside/outside security that is terrorism, kidnapping and counterfelling. The
second branch monitors NOS dulies, officers, prisoner cases, logistics and
personnel. They have no access to the operational branch of the NOS

The main justice branch In Kabul only works on NOS terrorism cases. There are

•
now 9 judges or personnel who oversee this process. They currently have 80

Nov 14, 2007 EV OFAIT OOQ1 .0102 5016

 ..

other discussions revolved around the laws used to prosecute Tenrorists and the
Law Books used by the Attorney General. There Is a Punishment Law dated
1355 and an Interim Code Book that Identifies tenrorism, 27 articles,

The meeting ended with an open invitation for the JAG and esc to come to and •
continue with discussions and the indicated no roblem with esc viewi the
• II ;,: t I ,' ill I e

CSC M.ndate
The Correctional Service of Canada's mandate while posted to the KPRT Is to
extend tha existing authority of the Afghan Ministry of Justice Central Prison
Department to the province of Kandahar and thereby contributing to the Justice
Sector Reform Plan including implamenting policy and strategic plans of the
Consu~ative Working Group on Prisons and Detention Centres with regards to
Reconstruction and Rehabilitation of Prisons, Training, and Administrative
Reform.

Areas specified within our mandate were Sarpoza Prison, ANP HQ Detention
Centre, NDS Detention Centre and one of the Pro)ect Goals In our Strategic
Engagement Is to establish and maintain a liaison with international players,
specifically citing the Dutch Embassy and this would mean engagement with Tirin
Kot Prison.

•
Nov. 14, 2007 EVOFAITOOO1.0102 60f6
 • KANDAHAR PRT - CORRECTIONS COMPONENT

VOL1 NO.1
Week ending February 11, 2007

TRAVEL
Team arrived at at 22:00. We arrived at our
destination at 23:30 on February 3 and were housed in temporary quarters. A
delay in the Airbus flight from Petawawa meant we did not leave _until
17:00 on February S"' with an arrival time to KAF of 20:30 hours.
Miscommunication regarding our accommodations resu~ed In our being housed
in a BAT. which is an American term meaning "Big Ass Tenf which
accommodates 1,000 soldiers. We were informed there were approximately 300

•
in our tent. As we were not traveling with k~ , bedding became an issue but was
resolved in about an hour. We left KAF on February 6"' at 17:30 via a convoy of
two Nyala vehicles and arrived to the Kandahar PRT just after 18:00.

IN ROUTINE
Upon arrival we briefly met Colonel Chamberlain, were given a short tour of the
compound and placed to temporary accommodations. On February 7"' we were
shown our office space, which is In the CIVPOL weather haven. Two desks and
computers were provided for us, as was a dedicated phone line. Via our in
routine we were also issued ~h cell phones and basic office supplies. All
pertinent forms were submitted to the Orderly's Office and the Medic briefed us
on local concems and has set up a flle on each of us. On February 8"' we
attended the Base Orientation Briefing and later moved In to our permanent
quarters referTed to as the ISO's

MEDIA
Brlan Stewart, host of the foreign affairs show CBC News: World View was in
camp from February 8 ·11. He went on a planned patrol and did interviews with
the CO of the PRT, Civic Police, CIDA and DFAIT. As there hed been no officjal
announcement (in canada) regarding CSC's presence on the PRT ~ was fe~ that
~ would not be appropriate for us to speak to the media. Possible vis~s were

•
Nov. 14, 2007 EV OFAIT 000 1 0103
 planned to a CIDA sponsored project, possibly a school, ANP training and •
Kandahar City.
It was relayed to us that the Minister made a public announcement as to esc's
direct involvement in Afghanistan on February 9"'.

MEETINGS
There are several standard meetings that esc will be attending while on the
PRT. There is a morning btiefing , which involves all the section heads and
NGO's every Monday, Wednesday and Saturday momings. A Status Meeting is
held every Friday mom ing and a Patrol Meeting every Friday afternoon.

On February 7" we met briefly with the Engineers who will be Involved with any
developmental projects we have regarding infrastructure. Already active are the
proposals for the In-service Training Centre , the Kandahar Prison Improveme nt
Program and the Kandahar Power Generation Improvement Program , which may
or may not impact Sar Puzeh Prison.

Also on the 7'" we met with Colonel Chamberlain, Operations, CIMIC (Civllian
Military Cooperation) the Legal Advisor for issues on Justice and Rule of Law,
and DFAIT to discuss Terms of Reference for our assignment Movement
Protocols, MOU, Status of Forces Agreement (SOFA) and Areas of
Responsibility.

Following that we met with Tudor Hera from DFAIT who is coverlng for Gavin •
Buchin. He gave us an overview of how projects are financed via the Global
Peace and Secu ' Fund. We were also introduced to

IN-5ERVICE TRAINING CENTRE

Engineers held initial meetings on this facility In early December 2006 . The
Governor of Kandahar, Asadulah Khalld has been approached regarding the
project but there is no official approval from Kabul at this time. This matter will be
brought up at the PRT meeting in Kabul, February 25-28. CIVPOL and CSC will
be attending . There are also outstanding land issues in that the entire PRT
complex belongs the Department of Agricu~ure. Agricufure and private interests
also own the structure intended for the Training Centre, the latter being a reiative
of President Karzai. Once these matters are resolved we can move forward on
the project.

•
Nov. 1<1. 2007 EV_DFAlT 0001 0103
 • TRAINING/CURRICULUM

The TrainerlMentor as stated previously. has established an oflice within the

CIVPOL weather haven. He has discussed numerous issues with the RCMP
trainers and viewed some of the training equipment and materials that can be
used lor common purposes. At this time ~ appears that I~eracy Is going to be a
major issue. The language spoken in Kandahar province is Pashtu as opposed to
Dari that is used in the Kabul region. Nearly all (98 to 99%) of the Afghan
National Police that have been trained have been iII~erate , and there Is no
reason to suspect that the OffIcers working within the Prison Service will fair any
better. Following this principle. all training material will have to be in pictures and
the material greatly simplified.

At this time, to our knowiedge an official Afghan training program has not been
developed . The TralnerlMentor has reviewed training materials from the Un~ed
Kingdom and Liberia with his preference for the latter. While we do know the
Un~ed States has a curriculum that was used in Kabul, they will not release ~ in
electronic Ionn . The Team Leader will attempt to pursue this matter while in
Kabul.

However having said that from the

_ - U.S. Department of State appears to have some questions about our

• 'iiiarida!8 which he relayed to the UNAMA Comactions Advisor. He has

requested a meeting to discuss our Terms of Reference and the curriculum we
are delivering.

It appears he does not understand that our Intent is to only provide training which
has been approved through Kabul but which is also relevant within Kandahar
Province and for the Sarpoza inmate profile. A meeting has been arranged for
the week of February 20'" to clarify and discuss further,

SARPOZA PRISON
The ~ o n the west side of Kandahar C~ off of Highway 1. There is now a
new_by the name o f _ T h e previous_has been
incarcerated and inquiries ha~ardlng the exact details of his
removal. .

Unless the securily ~uation changes dramatically an initial vi~ and introduction
to Sarpoza will be conduct~ next week. This will give the Team the
opportunity to meet the new _ inspect the facil~ and assess the cumant
condition of both the Infrastructure and the less tangible ltems such as co'ndition
of equipment, cleanliness, morale of staff, morale of inmates and the general
state of heallh of the inmates. Once this tour has been complet~ca,n

• be established to address any deficiencies. ~ is also hoped that ~II

Nov. 14, 2007 EV.OFAIT.OOO1,0103 30f5

 indicate what he considers to be his major concems and his choices as to the •
pliority of required changes.

• INFRASTURTURE
As noted above, there is a very general Program Nomination Form with
the Pmject name of Kandahar Plison Impmvement Program. It does make
comment regarding Input fmm esc
and appmval of pmjects by the
Afghan govemment. Via the Palmi Meeting we have been appmved for a
palmi to Sarpoza next week. A CIVPOL member will accompany us to
make In~lal intmductions and a CIMIC will also be with us to help make
assessments regarding Infrastructure.

• VOCATIONAL TRAINING
We have been advised by CIMIC that a pmJect known as the Kandahar
Male Plisoner Vocational Skills Training has been appmved. The Afghan
Bureau of Social Services (ABSS) and an organization known as FWT are
sponsoling the program. It started In November 2006 and is an 8 month
program that teaches carpet weaving in conjunction with adu~ I~eracy
training. The target gmup is inmates who have an addiction to hemin and
other drugs and with the added critelia of being disease free, meaning that
the plison doctor has found them to be "drug free. There are currentiy 30
inmates in the pmgram with a target of 80 for the year. End products will •
be sold with the Intent of making the pmgram se~ sustaining

CIMIC's mle will be to purchase the looms, coloured woollen thread and
hooks. FWT will pmvlde the Instructors, food and refreshments heaters in
the winter and cold water and fans In the summer. Training Is 6 days a
week fmm 9 am to 4 pm with an incentive pay of $10 a month.

CSC was not involved in this pmposal but Is in favour of the plinclples
behind this vocational pmgram. .

EQUIPMENT
CIVPOL have made the request on our beha~ to be issued with the desert camel
boots, as they have also had to convert since being in theatre. They afford the
appropriate ankle support when getting in and out of the LAV/CoyotelNyala
vehicles. Add~ionally the colour Is more appropriate In the summer heat. On a
Hea~h and Safely level we will be walking thmugh blood and fecal matter when
either on palmi or In the plison and should not be wealing our personal footwear
as ~ will track into our personal quarters. We are also trying to get Ranger
blankets issued as there is no guarantee that when we go on palmi that we will
be retuming the same day. While we both bmught personal backpacks in future
this might be an ~em that could be issued, as they are needed when on convoy
or vls~ to the sites. We have also been issued with a Convoy Medic K~. •

Nov 14, 2007 EV.DFAIT.OOO1 .0 103 4 015

 ,

• With regards to uniforms, we may need to modify our current Issue. While the
blue shirt is serviceable, in order to display our ISAF and PRT patches navy blue
brassards would be useful. It may come to the point where I will again request to
wear a un~orm as in an active theatre they do convey more
respecVunderstanding with Fon:es, and the locals; men especially. There is
also the assumption that Ric is the Team Leader as he Is in uniform and I am not.
Right now it's earty impressions and I will get a better sense after my vis~ to
Sarpoza and when more time has elapsed. Ric may also have to go to a
lighter/cooler pant material in the summer as well.

Corrections ComponentDirector

Linda Garwood-Filbert

•
Nov. 1"'. 2007 EV_DFAlT 000 1 0103 se s
 • KANDAHAR PRT - CORRECTIONS COMPONENT

VOL.1 NO.2
Week ending February 18, 2007

TRAVEL
Travel is planned for the Team Leader to Kabul to attend the Prison Working
Group Meeting on February 20". She is also scheduled to meet with
regarding cuniculum, the Rule of Law Un~ and UNODC. Introductions will also
be made at the Canadian Embassy. The PRT meeting will be held from
February 26-28. Return date to the PRT should be March 2nd.

IN ROUTINE

•
Two issues have arisen regarding our In routine. The first issue being that we do
indeed require dog tags. Fortunately the PRT is making arrangements on our
behalf, as these are a requirement for persons on patrol. The second issue Is
that by the Trainer/Mentor not having a security level of Secret he Is not allowed
to attend the Patrol Meetings or the morning security briefings nor enter the
Tactical Operation Centre (TOC). This greatly reduces some of our operational
capabilities when the Team leader is not on the PRT. While the Team leader
does have a security profile of Secret ~ is fe~ that ~ possible ~ should be
increased to Top Secret. These points are being raised so that they may be
addressed in future deployments.

MEDIA
Nothing to Report.

MEETINGS
There are several standard meetings that CSC attends while on the PRT. There
Is a rnorning briefing, which involves all the section heads and NGO's every
Monday, Wednesday and Saturday mornings. A Status Meeting is held every
Friday morning and a Patrol Meeting every Friday afternoon.

We met w~h Gavin Buchan who has now returned from his R&R. He gave us an
overview of how projects are financed via the Global Peace and Security Fund
and we discussed some smaller projects; which we rnay be able to put into effect

• prior to the fiscal year end.

Nov, 14. 200 7 EV.oFAIT,0001.0104 1 of 4

 • PATROLS
On February 13" a team composed of esc, RCMP, CIMIC and an interpreter
conducted their inijial introductions and tour and introductions with the new
~f Sarpoza. With that came a brief explanation of our mandate and a
"SIiiCSr9'desire to work wijh the Afghan authorities to assist them in rebuilding
their infrastructure, offer training at a local level and build a sustainable prison
structure. A more detailed account of this tour can be found in the Sije Visij
Report dated 2007-02-13. Two more patrols are scheduled for next week.

IN·SERVICE TRAINING CENTRE

As was noted in the initial report the Governor of Kandahar, Asadulah Khalid was
approached regarding the project but there is no official approval from Kabul at
this time. This matter will be brought up at the PRT meeting in Kabul, February
25-28. CIVPOL and CSC are attending. The Engineers and DFAIT have
informed us, that once the outstanding land issues are resolved it will be 24
months until the facility will be completed.

TRAINING/CURRICULUM
The Trainer/Mentor noted in his Sije Visij Report that the staff at the prison was
well dressed and very open to working with the PRT and the CSC to improve the

• condition of the facility and their current level of tral .'no, Literac
be of reat beneflt to the soldiers/se eants/officers
I

A meeting has been arranged for the week of February 20" to clarify and discuss
the curriculum used in Kabul at their training centre developed via the JSSP and
ij's applicability to officers in the Kandahar area. Taking into account the delays
associated wijh the In-Service Training Centre and the development of a training
package for Kandahar, the Trainer/Mentors role for the time being will to
concentrate on establishing relationship wijh the soldiers/sergeants/officers at
Sarpoza, learning the routine of the prison and rudimentary mentoring.

SARPOZA PRISON
Our initial tour Indicates a need of basic infrastructure development and
refuribishment, which was described in our Sije Visij Report. While several more

•
Nov. 14. 2007 EV.DFAIT.OOO1 .0104
_ _ _ _ _ _ n _ 2014
 ..

• patrols are scheduled with CIMIC and the Engineers, tt has been recommended
that our first priority be on securing the perimeter of the instttution.

• PROJECT PROPOSALS
The team has submitted two small project proposals that W9 have entttied
Medical Outreach Program and Children's Play program .

The project would establish a basic level of care and treatment for the staff
and inmates of Sarpoza prison which, fits into our mandate of eradicating
systemic abuse and improving the treatment and living conditions within a
correctional setting. It is anticipated that this program will only be required
until a permanent solution can be achieved with the Central Prison
Department. Sarpoza Prison has a clinic and a doctor who does rounds

•
on a daily basis. However the clinic has no medical supplies and there is
no apparent linkage to the Central Prison Department to request and
receive supplies on a consistent level. The Correctional Component at the
PRT intends to address this issue wtth the UNAMA Corrections Advisor
and when in Kabul but interim measures could be made through the
Medical Outreach.

This project would entail issuing medical klts with the understanding that a
ktt contains pharmaceuticals and basic hygiene products that can serve
100 people . One ktt would cover the women's unit, which has 20 inmates
and 17 children respective~nd the juvenile unit that has 50 inmates.
Another would cover the _staff at the prison. Depending on the
availability of kits the general population of inmates is approximately 430
and the polalcal unit has 180 inmates. Our priority would be the women's
and juvenile unit. We would also like to have in attendance_ a
pediatrician and a female doctor.

The goal of the second project is to establish a basic level of play and
modest recreational actlvtties for the younger inmates and the children of
Sarpoza prison. This is Intended to improve the living condttions, and
introduce the actlvtty of play. There are 17 children in the women 's unit
and 50 inmates in the juvenile unit, Both compounds are void of any

•
. green space and no toys or sports equipment was evident. At present the

Nov, 14. 2007 EV.DFAIT.OOO1 .0 l04 3 of 4

 • •

• inmates are reliant on family visnors to supply any type of inmate effects.
In discussions with the clinic doctor he did make reference to a level of
depression within the inmate population and the positive benetns of
recreational actiwies. The project would entail issuing dolls, crayons,
coloring books, soccer balls, and cunurally appropriate games to the
children and juveniles.

Corrections Component Director

Linde Garwood-Filbert

•
Nov. 14 , 200 7 EV.DFAIT.OOO1 ,0104 4 of 4
 • KANDAHAR PRT - CORRECTIONS COMPONENT

VOL.1 NO.3

TRAVEL
Team Leader left for KAF- Kabul on February lS" to attend the Prison Wor1<lng
Group Meeting, and the PRT Conference while In the Interim meeting with essp
on curriculum, the Embassy and UNODC on Prison Refonn Issues. Due to
scheduling issues associated wilh Rotation 3 arrival into Kabul was delayed until
the momlng of February 20".

On February 24" due to a Yellow Cily Alert in Kabul II was necessary to prepare
for evacuation and movement was restricted to the UN Compound B. This was
due to a rally at the Stadium where 35,000 people showed up regarding the
President and UN's disapproval of the Wolesi Jirga's resolution to dismiss past
Human Rights violations and was cross-related to the riots in May against UN

• faclillies. Yellow Cily was in effect for 24 hours, and lifted as the crowds had
dispersed peacefully.

IN ROUTINE
ISAF Civilian Pass was secured by the Director at KAF, which, has now allowed
for easier access on the Base.and wllhln Kabul.

MEDIA
CBC, CTV, and Global were scheduled to go out on the General's visll to
Sarpoza but this was cancelled due to short notice and lack of approval from the
Minister of Justice.

MEETINGS
There are several standard meetings that esc attends while on the PRT. There
is a momlng briefing, which involves all the section heads and NGO's every
Monday, Wednesday and Saturday momings. A Project Targeting Board is heid
every Friday moming and a Patrol Meeting every Friday afternoon.

•
Nov. 14 , 2007 EVDFAITOOO1.0105 1 of 5
 CIMIC MEETING •
The TralnerlMentor attended a CIMIC meeting on February 18'" with
for the Rehabilitative Looming Program that is run within the compourid of
Sarpoza Prison. While complete details are delineated in the Meeting Report the
back brief Is that CIMIC has now approved the expenses requested to expand
the Rehabll~ative Looming Program to encompass up to eighty (80) participants.
Current levels are established at thirty (30) participants. W~ this expansion lt is
also expected that the Women's Un~ will be included and will receive five of the
new looms. Cost of this projeel is 26,400.00 US dollars.

It should be noted that this program has the full support of

~ f Sarpoza Prison. CIMIC also feels that the projeel should not be
~rider the Security Seelor Reform and should be furided by DFAIT urider
Correctional Reform. As Vocational Training will be entrenched in the new Law
of Prison arid Detention centres and the corresponding Draft Regulations ~ is fe~
this project fits within our mandate. We will be incorporating this Project into our
overall Proposal for Sarpoza Prison.

INTERNATIONAL LEGAL FOUNDATION MEETING

DFAIT, JAG, CSC arid the ILF met on February 24"" This is an organization of
defense lawyers that is now operating within the Karidahar area. Currently there
are two lawyers assigned to this area who operate in a manner similar to the
Legal Aide in Canada. The Country Director is Mohammad HASSAN arid the •
Kandahar Director is Wadud HAQMET.

At this time the Foundation Is looking to receive some training for the local
defense lawyers on how to do their jobs arid on Inmate Rights. They lridicated
that there are some Inmates who are held for extended periods of time without
being charged. (6 mos. to a year). Upon further discussion arid questioning Mr.
Haqmet said that he believes that some of the 'Pol~icals' held in Sarpoza have
not yet been convicted of any offence. This would be unusual as most prisoners
awa~ing prisoners are held at the ANP Detention cells. There is a section of the
law that iridicates that high-risk prisoners can be held in higher security if
required. The National Security Court deals with Pol~ical Prisoners.

When asked
specifically about arpoza rison, no rnejor concems were raised. When
questioned about any possible physical abuse or sexual abuse of the female
prisoners, the ILF said that they had no concems arid had received no
complaints.

The only request the ILF has of the CSC is that they would like a private area to
meet with their clients to ensure confidentiality. At present no such area exists
arid they would like the CSC representatives to discuss this issue with the

•
Director of the prison.

Nov. 14, 200 7 EVDFAIT OOO 1.0105 2 015

 •

• CANADIAN EMBASSY MEETING

Director of the Corrections Component met with polnical Officer Catherine
Bloodworth on February 25'" to explain the mandate of our mission and to brief
her on our current assessment of Sarpoza Prison.

PATROLS
On February 19'" the Trainer/Mentor engaged in a patrol to Sarpoza Prison, and
an engineer from the Specialist Engineer Team (SET) and the representative
from CIMIC were included in this patrol. The SET engineer was asked to
accompany the patrol so that he could make a more accurate evaluation of the
structural needs for the refurbishment of Sarpoza. It was also part of his duties to
detennine the

The primary focus of this patrol was to look at the

sanltatlon and waste management and equipment.
inspected
refuse collection, the laundry and guards' quarters.

On February 23'" a patrol to Sarpoza prison was undertaken and present for the
mission were General Grant; overall commander of canadian Forces in
Kandahar Province, Lieutenant Colonel Chamberlain; KPRT Commanding

•
Officer and Corrections Trainer/Mentor. The purpose of the visit was to ensure
the Senior Staff of the prison that the entire Canadian Mission was behind the
effort to ensure Human Rights and re-construction projects. General Grant had
signed an agreement with the Afghan Independent Human Rights Commission
(AIHRC) earlier that morning . This agreement promised the cooperation of the
Canadian Government and the Canadian Forces stationed in Kandahar Province
in enforcing and training the Afghanistan Government Representatives In the
Human Rights lnitiative, These representatives Include but are not limned to the
ANA , ANP, NOS and the CPO.

IN-SERVICE TRAINING CENTRE

There is no change in status, as CIVPOL via Dave Fudge and Richard Colvin
Political Affairs at the Canadian Embassy will be allending meetings regarding
this mailer in Kabul.

TRAINING/CURRICULUM
The Team Leader met with of the Corrections System Support
Program on February 21'" regarding currtculum. Via that meeting an electronic
copy of the currtculum was released in English and the Pashtu copy Is
outstanding. CSSP maintains this is the officially sanctioned currtculum by the

•
CPO and Minister of Justice . Having said that they have just recently shared the

Nov. 14, 2007 EVDFAITOOO 1.0 105 3015

 •

curriculum in hard copy with UNAMA and the Prison Working Group and there
are some questions as to ~s meeting UNAMA's tenns of reference for a National
Curriculum. CSSP did state that they would assist us In every way to deliver
their course content up to an offering to train our trainer/mentor for 4 weeks in
Kabul. They also expressed concerns Wthe Corrections Component were to
deviate from their course material.
•
A meeting was also convened with the
on February 25"'. Discussions focused on the curriculum and
the Prison Working Groups' concerns regarding the applicabil~ of the CSSP
training and ~'s relevance to the Afghan real~. What was requested of our
Component was a review of the curriculum with comments to be forwarded on to
the UNAMA Corrections Advisor and ultimately to the PWG for further
discussion.

SARPOZA PRISON
Follow-up tours have reinforced our Inillal assessment of basic Infrastructure
development and refurbishment, which, is described in more detail In our Sile
Vis~ report, dated February 19"'.

Along with the General's tour on February 23'", a truckload of supplies was
dropped off at Sarpoza Prison. These supplies consisted of 200 blankets, paint,
hygienic products, new carpeting, and toys for the children and some educational
supplies. These ~ems were well received and will be distributed according to the •
greater need. Further efforts will be made to acquire ~ems of need and continue
to foster good relations with the Sarpoza staff and inmates. Plans for the
refurbishing of the facil~ are currently underway, as are plans for the equipping
and training of the local staff.

• INFRASTRUCTURE
While several more patrols are scheduled with CIMIC and the Engineers,
iI has been recommended that our first prio~ be on

• PROJECT PROPOSALS
There are currently three projects before the Targeting Board. The first is
the Loom Vocational Training Project that will be 'included in the bigger
proposal put forward via DFAIT. The second is the Quick Impact Program
(QIP) for Medical Outreach to the prison that is currently being refined by
CIMIC, wilh a view to now including First Aid training for the staff at the
prison. The last QIP was the Children's Play Program was to a certain
degree during the General's visil.

•
Nov. 14 , 2007 EV,OFAIT.OOO1.0105 -4 of 5
 I

• Corrections Component Director

Unda Garwood-Filbert

•
Nov. 14, 2007 EVDFAITOOO 1.0 105 5015
 • KANDAHAR PRT - CORRECTIONS COMPONENT

VOL1 NO.4

TRAVEL
Team Leader retumed from Kabul via KAF on March 1st following the conclusion
of the PRT Conference.

IN ROUTINE
Dog tags and business cards are still in progress. Secret and Top Secret Status
are being processed.

MEDIA

• Pat Kaniuga of CBC Radio 990 Winnipeg, (204) 788-3218 has requested to do
an interview with the Team Leader. This matter has been referred to the Public
Affairs Officer at the PRT.

MEETINGS
There are several standard meetings that CSC attends while on the PRT. There
is a momlng briefing, which involves all the section heads and NGO's every
Monday, Wednesday and Saturday momings. A Project Targeting Board is held
every Friday moming and a Patrol Meeting every Friday aftemoon.

PRT CONFERENCE
The Team Leader attended the PRT Orientation Course on February 26" at the
ISAF Headquarters. She and the remainder of the KPRT contingent, Gavin
Buchan, Poillical Advisor, Lieutenant Colonel Chamberlain and Captain Marquis
attended the PRT Conference on February 27" and 28".

Via this conference the Team Leader was able to make contact with the
Commander of the Dutch PRT in Uruzgan, to make inquiries
regarding the Tarin Kowt Prison.

• Officer that makes vislls from time to time.

Nov. 14 , 2007 EVDFAITOOO1.0 106 1 of 4

 esc's mandate was explained to the Commander •
and he was open to visitations and any assistance we could proffer,

Following the presentation by the Education Minister regarding their 5 Year

Strategy there was opportunity to pose the question regarding Prison Education,
Both the Draft Law of Prison and Detention Centres and the Draft Regulations
will entrench L~eracy Programs, Education and Vocational Training, none of
which is recognized in their Strategy. The Minister acknowledged this
observation and stated he would discuss with the Minister of Justice.

EMBASSY MEETINGS
Director of the Corrections Component attended a reception at the American
Embassy on February 27" and another reception on February 28"' at the
residence of Ambassador Everis who is the NATO Senior Civilian Representative
to Afghanistan. On March 1" the PRT contingent met with Canadian
Ambassador Sproule prior to their departure for KPRT at which point the esc's
mandate was explained.

A1HRC MEETING
The Corrections Component was called into a meeting, which was being held
with the LEGAD, the Political Advisor and the Regional Director of the AIHRC, •
Engineer Abdul Quadar NOORZAl on March 3'". A joint effort of scheduled vis~s
to the prison with our organizations was endorsed. "was also explained that
complaint forms had been distributed to the Allomey General, ANA, ANP and
NOS. He also indicated that administration in Kabul was trying to secure the
release of former Warden Nadir who had been arrested at the end of January
2007 .

PATROLS
No patrols were scheduled for this week as a resu" of the Team Laader being in
Kabul and the Trainer/Mentor not being allowed to allend the Patrol Meetings
until his Secret Clearance comes through.

IN-5ERVICE TRAINING CENTRE

There is no change in status, as CIVPOL via Dave Fudge and Richard Colvin
Political Affairs at the Canadian Embassy continue to address this mailer.
Having said that the mailer was brought forward with Ambassador Sproule who
has a good working relationship with the Minister of Agricu~re and will raise the
issue regarding the land claim.

•
EV OFAiT 000 1 0 106 2,,,
 • TRAINING/CURRICULUM
The Team Leader has reviewed the curriculum provided by CSSP and the
Trainer/Mentor is currently going through each lesson plan and providing
comments to be forwarded to the Prison Working Group. CSSP has also made
the offer for the TrainerlMentor to come to Kabul to get a more 'hands on' feel for
the training, to see some of the training in action and to vis~ Pul-i-Charkhi. The
general assessment at this point by our team is that while the curriculum has '
good basic skills, ~ is overly western, lacks Human Rights elements and
assumes a skill set and literacy level which does not presently exist in Kandahar.

CSSP notes to have trained 185 students since lts Inception in May 2006. They
have 4 Officer Basic Courses taught in Kabul, Heart, Mazar+Sharif and
Jalalabad with the ongoing Pul-i-Charkhi training. They provide all graduating
students a new CPO unlform including boots and caps, duty bell, handcuffs,
flashlight key holder and baton.

SARPOZA PRISON
As noted above no patrols took place this week. There was however infonnailon
(or lack thereof) garnered via the Team Leader when in Kabul.

• STAFFING LEVELS
The Warden of Sarpoza indicates that there are afficers who include

• Soldiers, NCOs and Officers. When discussing the issue ~ CSSP who
claim to have the registered number of staff at the prison via CPO, their
figure is _ which includes _Officers,. NCOs, _Soldiers, •
Hirelings . a~ _employee .

Officers, _NCOs, _
When reviewing the Allai Consu"i
Nationwide Pnson Assessment ~ notes a staffing level o f . with
Soldiers and.ther. This is a maller that n s
to be reconciled, but until then all of our estimate costs will be based on
the highest number of staff.

• SALARY
Enquiries were made regarding
U rtunate y p son 0 rs 0 not a
under the Law and Order Trust Fund (LOFTA) created with a very specific
purpose and mandate to pay ANP salaries under the Ministry of Interior.
This fund reimburses for categories of expenses (salaries) according to a
fonnal agreement between UNOP and the Minister of Interior.

The major donors to LOFTA are the EU and US for 30 - 40 million each,
with smaller contributions from Japan, UK and Canada. Trying to extend
LOFTA's mandate to an entirely new ministry (Justice) as well as a new
category (prison staff) would require agreement by all the other donors,

•
including all the European comrnunltles within the EU, as well as the
UNDP. There is already a dispute concerning whether auxiliary police can

Nov. 14, 2007 EV. OFAIT.OOO1.0 106 3 01 4

 be paid out of this trust fund even though lhay are police. LOFTA Is also •
wor1<ing under a deficn, as is the Ministry of Justice.

UNAMA I CPO INFRASTRUCTURE

Compounding both of these above Issues is the fact lha CPO
Organizational Chart constructed by the previous UNAMA Comsctions
Advisor has now been rejected by the CPO making n dlfficull to detennlne
who exactly is accountable In these matters. Having said that further
Inquirtes will be made via UNAMA and the Ministers of JustlcelFlnance.

While meeting wnh UNODC when In Kabul the Team Leader was given a
preview of the Records Management Data Base that will document
electronically tombstone data, admission details, sentence and release
infonnation, medical, educational and vocational needs of inmates Once
this program has been launched Phase II will focus on staff statistiCS.

The Law on Prison and Detention Centres has a new Draft version as of
October 2006 and the Prison Regulations have also just been drafted and
are going though the consullative process. The Corrections Component
was able to give some Insight into both of these documents. As the latter
document does not need to go through Pariiament but only to be signed
off by the Minister of Justice n may be available In June 2007. Following
that the next task will be that of crafting a Code of Conduct for staff.

ANP DETENTION CENTRE

The Team Leader had the opportunny to meet with lha DynaCorp Mentor to the
Chief of Police at the ANP Detention Centns on March 3rd. He was able to
provide us wnh some very basic statistics. There are cunrently 15 detainees
•
being held pending completion of court. Eleven are being held for theft and other
minor crimes, 1 Is being held by the Prosecuting Office pending official charges,
1 for Anti-Terrorism, and 2 ANP on disciplinary charges by the Chief of Police.
There was a further breakdown into tribes with 3 being Hazara and 1 each from
the Koehl, Achakzayee, Ander, and Barakzai, Arab, Caker, Babar and Tazik
tribes. There were no women detainees. His assessment is that lha cell block is
in honible condilion which somewhat contradicts the assessment made by CSC
on their August 2006 visn.

Corrections Component Dlrilctor

Unda GalWood·Fllbert

•
Nov. 14, 200 7 EVDFAIT OOO 1.0 106 4 014
 • KANDAHAR PRT - CORRECTIONS COMPONENT
March 14, 2007

VOLl NO.6
Week ending March 18

TRAVEL
Team leader is scheduled for R&R from April 3'" to 12" and the TrainerlMentor
has scheduled a combined R&R and Family Reunion leave from May 5" to 19".
It was discovered through the process of booking our travel that our Posting
Confinnation Fonn had not been processed by Foreign Affairs and as a result we
could not be entered into the leave System. This also explains why none of our
benefrts have yet to be deposiled into our accounts. Examination of the mailer
shows that esc posted us on February 7" and they in tum received conflnnalion
on February 12". Recent E-mails note that Foreign Affairs will have us in the
system by March 19".

• IN ROUTINE
The Trainer/Mentor has been advised of the approval of his Secret Security
Status, which has been passed on to the Intelligence Officer, and he is now
allowed to allend Patrol Meetings and the morning Meetings. Top Secret Status
for the Team leader is currently being processed. Wilh regards to Health &
Safely issues Tactical clothing was ordered to meet the requirements of flash
protection when In the LAV and Nyala vehicles and to accommodate the
requirement to carry first aid gear when on patrol. The issue of Dog tags is still in
progress.

MEDIA
Coverage this week focused on the visn of the Minister of Defence; O'Connor
and the Chief of Defence Staff General Hillier. The Director of he Corrections
Component gave an interview to CanWest Global, CSC Television and CP on
the morning of March 12" prior to his tour of Sarpoza in the afternoon. Due to
security reasons later in the day the Media were not allowed on the convoy to the
prison with the promise of access to the prison in the Mure. The Director also
gave an Interview to Terry Macleod of CSC Radio 990 In Winnipeg on March
13" wilh a proposed air date of March 15",

•
Nov. 14 , 2007 EV.DFAIT.OOO10107 1 of 4
- - - - - - - - - - - - - - -- - - -- _ ._ -

MEETINGS
There are several standard meetings that CSC attends while on the PRT. There
is a momlng briefing, which involves ail the section heads and NGO's every
•
Monday, Wednesday and Saturday momings. A Project Targeting Board is held
every Friday momlng and a Patrol Meeting every Friday afternoon. The In-
Theatre Conference call for Wednesday evening was canceiled. As a follow-up
to last weeks briefing on the Synchronization Matrix briefing there was an SM
meeting on the evening of March 16". .

MINISTER OF DEFENCE VISIT

Minister of Defence O'Connor arrived at the PRT on the moming of March 12".
The Director of the Corrections Component attended a lunch in his honour in the
Blull Room. Under the escort of Close Protection Forces the CSC sponsored a
tour of Sarpoza Prison for the Minister and this was followed by a presentation to
the Minister by the OGD Directors. In the evening the Director attended a Dinner
with the Minister that was then foilowed by an address to the troops. There was
to be a meeting with Engineer NOORZAI of the AIHRC but as he had been
cailed to Helmand Province this was not possible. The Minister left the PRT on
the afternoon of March 13".

CHIEF OF DEFENCE STAFF VISIT

General Hiilier arrived on the PRT on the moming of March 13". The esc •
Director attended a breakfast along with the other Directors and key personnel
with he and the Minister of Defence. This was foilowed by a brief and a
discussion with the CDS regarding the mission; It's components and getting the
message back to Canada.

KPRT~ARPOZALUNCHEON
Relationship building Is a very big part of CSC's mandate. It Is also a very
Important part of Afghan custom and courtesies. The ability of an Afghan to
generously receive guests is a sign of status. Hosts w1i1 serve guests tea (chai)
and something to eat, typicaily a variety of nuts, seeds and dried fruits. Guests
do not bring gifts but are expected to have a cup of hospitality te~
business. This has been our experience whenever we have v i s l t e d _

In order to extend our hospitality to~and his staff the esc

extended a
Luncheon Invitation for March 15. The lunch was attended by the CSC
contingent, the LEGAD and the CO of the Engineers. The Warden was
accom anied by the Ed~. and three other officers.
who has known~r 30 years, also joined us.
0.== = =

•
Nov. 14. 2007 EV.OFAlT.OOO1 .0107 2 or 4
 • PATROLS
There were two patrols this week. The first was to Sarpoza on March 12"' to
facilitate the Minister of Defence's vis~ to the PRT. This was primarily for
s~uatlonal awareness ~ regards to National Security i _ n o
longer than 45 minutes. The Minister was introduced to nd
shown the Juvenile and Criminal Un~ , and was able to speak to inmates in both
areas. He also was shown the guard's quarters.

The second Patrol .was to the National Directorate of Security Compound on

March 14"'. The Director of the Corrections Component along ~h CIVPOL and
the MP's attended for the purpose of introductions to the
Staff Sergeant McCambridge and
made introductions. The Director took the opportunity to exp aln t e s
mandate and offered assistance ~ their staff and/or Infrastructure.
As noted in the S~e Vis~ R e p o r t _ a r e in the process of building a
new detention area for the risoners. It was also Indicated that

A CIMIC Patrol to Spin Boldak, a district adjacent to the Pakistan border gave
CSC the following lnformation. was
asked what sequence of events occurs when a person is arrested, and where
does they get detained. He replied by stating that a small holding cell exists In

• Spin Boldak; howeverthe holding cell is meant to hold a detainee for a period no
longer than 36 hrs as transport is usually ananged to bring the individual to
Sarpoza Prison. His reply was also conflrmed eariier during the d~
discussin similar to lcs ~h

was In~lat
(CNS Security Member). _
was proud to announce that only one lED
against t em unng t e last month and they had caught the
perpetrator. When asked what happened to the perpetrator, he replied that he
was sent to Sarpoza Prison and further confirmed that all detainees are all
forwarded to Sarpoza Prison.

TRAINING/CURRICULUM
..CSC has forwarded their assessments and comments to the UNAMA Corrections
Advisor for discussion at the Prison Working Group. The POLAD at the KPRT
has been kept apprised of our concerns via copies of our documents. We have
yet to receive an electronic copy of the curriculum in Pashto as was committed to
by the CSSP.

SARPOZA PRISON

• STAFF DATA
The Corrections Component received a translated copy from the KPRT

• interpreters, of the Sarpoza staff w~h their rank and qualifications. The

Nov. 14, 2007 EV .OFAIT.OOO1.0107 3 01 4

 ,

Tralner/Menlor was able 10 Input Into an Excel Spnsad Sheel and this has •
given us the abilily 10 sort by various calegories and use the Informal lon. .
For example, level of education for each officer will help us 10 delermine
who may be most suitable for our Train the Trainer Program. The rank
and job of each officer has been forwarded 10 the UNAMA Corrections
Advisor 10 be used in the upcoming Civil Service Pay Reform Meelings In
Kabul. Future plans Involve gelling an explanalion of duties for each job
title and oonstructlon of an Organizational Chart for the prison.

• RADIO and NEWSPAPER DISTRIBUTION

The esc Team is planning on distributing up 10 200 hand-<:rank radios 10
Sarpoza Prison for use by the Inmales in Iheir cells and the staff at their
posts and in lhelr quarters. The radios are being made available 10 lhe
Team through the KPRT Psy-Ops program thai dislributes Ihese types of
products free of charge 10 local cllizens and/or groups and is oonslstenl
with the standard of providing prisoner oontact wilh the outside worid. In
addIlion 10 radios there is also the possibilily that newspapers In Ihe
Pashlo language may also be available for distribution . The long term plan
will be 10 have a regular supply of Newspapers made available to the
prisoners via the CPO.

The crank style radio addresses the Issue of sustainabilily as the electrical
system in the prison is substandard and the supply of electrlclly can be
very sporadic. As such this style of radio will not Impact on the prison's
currenl demand for power. Also as batteries are not being used II
addresses security ooncems, will not burden the edminlstration with the
oost of replacement beIIeries and will give this project some Iongevily until
the instllution's proposed Electrical Upgrades are in place.
•
• MEDICAL OUTREACH:- PRISON RE-SUPPLY
The Targeling_tentallvely approved this program for the amount
of $8,900.00. as gone over the requested supplies and has
deleted some 0 e unnecessary lIems and added more lIems that pertain
to Women's Health.

Corrections Component Director

Linda Garwood-Filbert

•
Nov. 14, 2007 EV.OFAlT.OOO1.0107 4014
 • KANDAHAR PRT-CORRECTIONS COMPONENT

VOL.1 NO.7
Week ending Merch 25, 2007

TRAVEL
The Director has not yet received confirmation of the Petawawa Travel Claim
having been paid out. Travel Claims were completed in Ottawa for the
Toronto/Ottawa Training received prior to our February 2"" departure but neither
team members have yetta receive the money in our accounts. That can also be
said of our FSD and Overtime payments as no monies have been deposited,
While we are aware of FSD mix up, if possible we request that that the Travel
Claim and overtime be rectified ASAP. POLAD Gavin Buchan also gave us
information that under the new "Rest and Relaxation Travel for Employees
Posted to High Risk Missions" that we are required to use our Annual Leave

•
and then any Lieu Time we have accumulated. While this appears to be the
regulation we would just like to point out that this is contrary to the FSD Briefing
we were given in Ottawa which indicated this leave was above and beyond our
Annual Leave

IN ROUTINE
Top Secret Status for the Team Leader is ongoing. Both Team Members
received their Dog Tags this week.

MEDIA
The Sarpoza Patrol on March 19th was in aid of a commitment Lt. Colonel
Chamberlain made to the Press Corp when he cancelled their visR to Sarpoza
with the Minister of Defence on March 12th. This was not a CSC commRment per
se; we were assisting the KPRT with their commRment. The CSC, the PAFO and
Graham Thomson, a Canadian joumalist from can West attended the sRe.
Further interviews also took place with POLAD Gavin Buchin. The article
appeared in the Edmonton Joumal on March 24th and while a bR dramatic had
our messages in R. On March 22"", the Director and CIVPOL, at the request of
the PAFO gave interviews to Joumalist Student Nicole Baute of carlton
UniversRy regarding Literacy and Training. There was also a request from CSC

•
Prairie Region to include some passages of our reports in the DC's Newsletter.

Nov. 14, 2007 EV.D FAIT.OOO 1.0 108 1 0f 6

 MEETINGS
There are several standard meetings that esc attends while on the PRT. There
is a moming briefing (PUB), which involves all the section heads and NGO's
every Monday, Wednesday and Saturday momings. A Project Targeting Board
•
is held every Friday moming and a Patrol Meeting every Friday aftemoon. The
In-Theatre Conference call for Wednesday evening was cancelled.

ICRC MEETING
A meeting was held between DFAIT, esc and the International Committee of the
Red Cross ICRC ON March 24". The purpose . s to meet the
nd to explain
esc's role in Kandahar. His role is to look er prisoner and detainee issues as
well as the Protection of Civilian Population program (PCP).

•
SARPOZA NARWOZ LUNCHEON
Relationship building is a very big part of esc's mandate. It Is also a very
important part of Afghan custom and courtesies. By invitation on
March 22"" CSC attended a tradilional luncheon with the Senior Officers of the
prison in a relationship building exercise. This w~opportunity to
introduce the DFAIT Political Advisor Gavin Buchan t o - . , n d his staff.

reilerated the need for outside assistance and re-enforced his

requests for equipment and repairs. Long range plans for the facilily were
discussed, however no timellnes were given other than CSC hopes to have ils
proposal ready by early Aprll. There was however a discussion of some Quick
Impact Projects (QIPs) that we were hoping to Implement in the meantime. The
Medical Outreach, where we planned to re-stock the prison's clinic has been
given preliminary approval and we hope to move on iI soon. Additionally we are

•
Nov. 14, 2007 EV.D FAIT.OOO1.0 108 20f6
 • in a posltlon to deliver enough blankets for each inmate and staff member and a
crank radio for each inmate cell and offlce(s uarters.
....~e wenLolL1o slate-lha

oaewae wawa
coull1 supply his It, inmates and their visijors wijh the ISAF Paper, which
features those types of stories. The Radio and Newspaper Distribution alP will
be submitted for the next Targeting Board.

MINISTER OF PUBUC SECURITY AND EMERGENCY PREPAREDNESS

Minister of PSEP, Stockwell Day is scheduled to visij the PRT and a preparation
meeting was held on March 25~ wijh the view that DFAIT, CIVPOL and esc
should take the leed, as he is our respective Minister.

PATROLS
There were three patrols this week. The first was to Sarpoza on March 19~ with
the CSC, PAFO and Graham Thomson, a Canadian joumalist from Can West
and the second was on March 22"" wijh CSC and the POLAD to attend the
Narwoz Luncheon . Both have been commented on in this report and more
details can be found in the actual Sije Visij Reports.

• The Patrol on March 25~ was to review the Prison's Register, take pictures in the
kitchen and clinic to verify _ r e p o r t and to take measurements
of the lnstitutlonal Stores f~

After the momlng count t e

Warden makes the first of two verbal daily contacts with the CPO. The reports
include the following Information: count, any security issues in the last 24hrs such
as a fight or punishment, heallh and weffare of the inmates such as Illnesses,
and any AWOLs or UALs. The written report requires three signatures to become
official, the officer complellngthe report, the Deputy Warden and the Warden.

The second ttem of discussion was the Admission process followed, upon the
arrival of inmates or prisoners under amsst and awaijing trial. At the request of
the Team Director the admissions log was presented and explained. This book is
approximately 18" wide by 24" long and is numbered and bound so as to
eliminate the possibility of any pages being added or removed. Each page hed
information on roughly 18 inmates. Both the Inmate Register and their reporting
system in our view satisfy Intemational Laws and Regulations.

The CSC Component, as of this week has created a Patrol Request form, which
explains our KPRT Mandate and links our patrol request and tasks direclly to our

•
Nov. 14 , 2007 EV.OF AIT.OOO1.01 08 30f6
 mandate and our Project Matrix Markers. This will ensure that our Military •
counterparts understand, how our patrols help us to move our agenda forward.

TRAINING/CURRICULUM
As we do not have a curriculum at th is point 'the TrainerlMentor is developing a
series of Mentor Modules that can be easily used wIIh sarpoza staff.

MONITORING AND TRACKING OF DETAINEES POST-TRANSFER

CSC DIRECTOR'S COMMENTARY

The esc
Component at the KPRT was asked to comment by March 23"' on the
above matter taking Into account two documents, "Remed ial Response Options"
and "Discussion Paper". While n Is true that our project is to be consistent wIIh
Canada's role and responslbllitiea both in Kandahar Province and the national
Government, there are certain realities that must be considered . Up front my
initial concerns are:

• Detainees, (military deflnnlon) are strictly speaking outside the esc

mandate
• esc Is not In a position to do effective tracking of detainees as we only
have access to a few registers
• esc does have the abilny to do limned informal tracking In the course of •
their mentoring dulles.

It was therefore my opinion that before a oommnment of this kind be considered

that further discussions take place, which hopefully includes esc and the actual
organizations that do have the issue of military detainees in their mandates such
as the AIHRC and the ICRC.

SARPOZA PRISON

• PRIORITY, REFORM & RESTRUCTURING (PRR)

For success of the PRR process there was agreement on what CPO
hopes to accomplish and the group proceeded by following these steps:

1. Develop a general strategy for CPO.

2. Develop a Mission.
3. Decide on the objectives of CPO.
4. Analysis the strengths and weaknesses of the
organization.
5. Determine the duties for each position within the
CPO.

•
Nov. 14 , 2007 EV.DFAIT.OOO1.0108 4 016
 • 6. Determine how each posmon will accomplish ns goals
and fulfil their role.

Both approaches could occur simunaneously if everyone could agree on

having two groups working at the same time. A technical working group
would be convened of corrections professionals and a broader policy
group work on developing the broader strategy and national organizational
structure.

su ested that the technical roushould consist of;

and representatives
from CSSP, UK Embassy, UNODC and UNAMA. The technical working
group will meet twice a week b.,ginning on March 26". Strategy Working
Grou should consist of
They will
meet twice a week beginning March 20 . Given the high priority assigned
to completing the PRR process as quickly as possible, the regular Prison
Working Group meetings are cancelled for the next month. The PRR
Strategy Working Group will also met twice a week at the Ministry of
Justice as of March 20". hopes that both groups will
finalize their work by April 21, 2007.

The rank and job of each Sarpoza officer has been forwarded to the

• •
UNAMA Corrections Advisor to be used in the PRR Meetings in Kabul.
On our visn of March 22""~id tell us that the Officers received
their outstanding pay of 4 iiiOiilIiSciii'arch 11".

MEDICAL OUTREACH - PRISON RE-SUPPLY

The Targeting Board has tentatively approved this program for the amount
of $8,900.00. The question was how do we account for the nems that are
to be dispensed to the inmates.

The sne visit of March 25" showed the Infirmary is currently stocked with
outdated medications and has limned supplies of other essentials. When
questioned regarding dispensing practices, the doctor picked up a stack of
dispensary notes on the windowsill and stated that they are to be bound at
some point. The dispensary was covered in dust and there was no lock
on the drug cabinet. It became evident that mentoring will be required for
the dispensing and inventory of the medical supplies prior to our delivering
on the QIP for Medical Outreach.

Corrections Component Director

•
Nov. 14, 2007 EV.OFAIT.OOO1.0108 5016
 Linda Garwood-Filbert
•

•
Nov. 14 , 2007 EV,OFAIT.OOO1.0108 6 016
 SECRET-CEO

• KANDAHAR PRT - CORRECTIONS COMPONENT

VOL1 NO.8
Week ending April 1, 2007

MEDIA

CSC Prairie Region asked for some "words of wisdom" for the DC Newsletter in
the Prairies. The team prepared some comments and pictures, which were also
copied to Suzanne LECLERC, Senior Media Relations Officer in Ottawa.

Public Affairs requested the Director of CSC Component provide an interview

with Graham SMITH of the Globe & Mail and Rachel MORARJED of the

• Financial Times UK. This interview took place on April 1st. Both reporters are
finmly established in Kandahar City. SMITH was interested In the prisoners and
the scope of our mandate as ~ pertained to Detention Centres that are not
sanctioned by the government. While we are not nalvs enough to think that
there are none in Afghanistan, it was finmly stated that none of these facilities had
been brought to out attention. MORARJED was more interested in the training
aspect and the Women's Unit. Both were interested in the Human Rights aspect
of our mission.

The PAFO has also arranged for the Director to meet with CTV Reporter Paul
WORKMAN when at KAF on April 2nd. There is a potential of a Mure Interview
with Lisa LAFLAMME in mid-April regarding our mission the Women's Unit at
Sarpoza.

MEETINGS
There are several standard meetings that CSC attends while on the PRT. There
is a morning briefing (PUB), which Involves all the section heads and NGO's
every Monday, Wednesday and Saturday mornings. A Project Targeting Board
is held every Friday morning and a Patrol Meeting every Friday afternoon . The
In-Theatre Conference call for Wednesday evening was not held.

•
Nov. 14, 2007 EV.D FAIT.OOO 1.0 109 1 0f 6
 SECRET-CEO

3-D VISIT
There was significant focus this week on the 3-D Vistt to the KPRT by David
MULRONEY ADM DFAIT, General GAULTHIER of CEFCOM, Stephen
•
WALLACE of CIDA and Ambassador David SPROULE. The vistt ran from
March 28-29. Through the various presentations we were able to present a
whole of govemment approach to Afghanistan . CSC also ran slides describing
our mandate and the work being done at Sarpoza . The ADM also touched briefly
on the detainee issue. In one of the sessions there was a discussion primarily
focused on the ANP and General GAULTHIER spoke of their potential to
establish order and security to the oountry. It was oommented on that the Rule of
Law oomponent was just as important, the general stated that RoL is too abstract
a ooncept for him and that he prefers to think of think of tt as Cops-Courts-and-
Comections. If this is the message that is being put out to the soldiers tt will only
make tt more difficull for CSC to achieve lis mandate and this attttude may need
to be eddressed by Headquarters. CSC Director also mede the observation that
the milliary tends to over use tenn detainee applying the word to all fonns of
prisoners and that they might be better served if there was a better
understanding of the tenns detainee and prisoner or inmate.

MINISTER OF PUBLIC SECURITY AND EMERGENCY PREPAREDNESS

Minister of PSEP, Stockwell DAY is scheduled to visll the PRT and a preparation •
meeting was held on March 25" with the view that DFAIT, CIVPOL and CSC
should take the lead, as he is our respective Minister. Having said that there are
now addllional Ministers added to the visll , which will water down our
presentation, as we will no longer be able to focus solely on police and
oomectional issues. Having said that a slide presentation has been prepared wIIh
a Corrections Focus as part of overall presentation to the delegation.

UNICEF
The Director met briefly with UNICEF _ o n March 31" who was at the PRT
on other matters. We were able to e~ur mandate and some of the needs
of the children and juveniles at Sarpoza Prison . Specific requests were made for
assistance wIIh schooling and school supplies and polio vaccinations, which are
not currently part of their targets . While the information was well received tt
bears more formal follow-up.

PATROLS
There was one patrol this week on March 28". This patrol had ,three distinct

•
objectives that being delivery of 200 Crank Radios and 5 bundles of ISAF

Nov. 14, 2007 EV.DFAIT.OOO10109 2016

 SECRET -CEO

• Newspapers as per our alP, an inspection of the prison's armoury and to

interview the women prisoners and Comectional Officers.
ARMOURY

•
.. . ; . .

•
Nov. 14, 2007 EV.DFAIT.OOO1 .0109 3016
 ,
SECRET-CEO

The JAG spent time lalklng to the female inmates who said they were being
treated with respect. One prisoner told her she's got one year to serve and then
•
goes back to family. She had a trial and appeared before a judge twice . She's
not exactly sure when she's getting out as she doesn't know the month or year
meaning she has not been told her release date. Another Inmate who came from
Helmand was sentenced to 5 years in jail. No lawyer, trial or investigation. She
asked to be moved to Kandahar and had been at Sarpoza for 6 days with no one
having asked her about anything .

The JAG asked how many women had a trial and at least 7 said no. None had
ever seen a defense lawyer. When the Interpreter told the inmates the JAG was
a lawyer, no one knew what that was as in Afghanislan there are not a lot of
lawyers. .

This interaction between the JAG ' and the inmates was captured by Combat
Camera and featured on the DND websile on March 29"'.
www.combatcamera.force•.Qc.ca

SARPOZA PRISON

• REDEVELOPMENT PLAN
•
There were two meetings held this week in aid of the project proposal for
Sarpoza's Redevelopment Plan. On March 30'" the CSC Team met with
Major CONCANNON in charge of the Engineers and Master Warrant
Officer PEMBERTON who is the primary in charge for the Sarpoza
project. That meeting looked at the various project proposals with a view
to prioritizing both short and long term projects.

For future references esc has divided ifs Redevelopment Into 4

categories and the Engineers heve made priorities according to need and

•
assessment.

Nov. 14, 2007 EVDFAITOOO 1.0 109 4 01 6

 SECRET· CEO

• CORRECTIONAL SERVICES CANADA

SYNCHRONIZATION MATRIX

FACILITY UPGRADES

1. PERIMETERSECURITYUPGRADES
2. INTERIOR UPGRADES
3. ELECTRICAL UPGRADES
4. WATER, SANITATION & REFUSE

TRAINING

5. TRAIN & MENTOR

6. UTERACY, EDUCATIONAL AND VOCATIONAL
7. HUMAN RIGHTS & GENDER EQUALITY

INMATE CARE

• 8.
9.
MEDICAL STANDARDS OF CARE
LMNG CONDITIONS

ORGANIZATIONAL INFRASTRUCTURE
10. PRISON AND DETENTION CENTRE LAW
PRISON REGULATIONS
CODE OF CONDUCT
CPDBUDGET
PRR ORGANIZATIONAL CHART AND PAY STRUCTURE
PRISONER DATABASE
PERSONNEL DATABASE

Corrections Component Director

•
Nov. 14, 2007 EVDFAITOOO 1.0 109 5 016
 ., .,
SECRET-CEO

Unda Garwood-Filbert

•
Nov. 14 , 2007 EV,OFAIT.OOO1.0109 6016
 \

• KANDAHAR PRT - CORRECTIONS COMPONENT

VOL1 NO.9
Week ending April 8, 2007

MEDIA

The PAFO had arranged for the Director to meet with CTV Reporter Paul
WORKMAN when at KAF on April 2nd. There was discussion of a potential
Mure interview with Lisa LAFLAMME in mid-April regarding our mission the
Women's UnR at Sarpoza. Background was given on our mandate and project
parameters and meeting was arranged wRh LAFLAMME for April 14".

Let's Talk Vol.31 NO.3 has now been published wRh articles regarding esc's

•
involvement in the Afghan Mission. AddRionally CSC Mission contributions can
now be found on the Government of Canada WebsRe in a Link under Protecting
Canadians Rebuilding Afghanistan.

MEETINGS
There are several standard meetings that esc attends while on the PRT. There
is a rnorning briefing (PUB), which involves all the section heads and NGO's
every Monday, Wednesday and Saturday mornings. A Project Targeting Board
Is held every Friday morning and a Patrol Meeting every Friday afternoon.

EUMEETING
On April 7" a meeting was held between Dave FUdge of CIVPOL, Ric Fecteau of
the CSC and Dr. Hansjorg KRETSCHMER, the Ambassador and Head of
Delegation for the European Union. E. U. Is expected to be on the ground on
June 17"'.

The meeting was for the E.U. representative to gain basic infonnation on the
shuatlon in the Kandahar Province in regards to PRT involvement with the ANP
and CPO. The CIV-POL infonnation took most of the meeting with the CSC going
last and concentrating prirnarily on Sarpoza Prison.

•
Nov. 14, 2007 EV .DFAIT.OOO1 .011 0 1013
 (

The gist of the Information given to the E.U. Representative dea~ with the •
outstanding quality of the staff within the facliity and the Interaction between the
staff and Inmates. Wtth the Information received from Dr. KRETSCHMER tt
would appear that Sarpoza is far ahead of most of the rest of the country In both
infrastructure and human rights awareness. The one exception Is Pul-I-Charkhi,
which is basically run and operated under the American umbrella.

MINISTER OF PUBUC SAFETY AND EMERGENCY PREPAREDNESS

Minister of PSEP, Stockwell DAY v1stted the PRT on April 2"" accompanied by
Vic TOEWS, President of the Treasury Board, and Helena GUERGIS, Secretary
of State for Foreign Affairs. DFAIT, CIVPOL and CSC provided a slide
presentation to the delegation. The Canadian Press focused on policing Issues
and the fael that Canada Is sending 12 more RCMP officers to train Afghan
police and encourage Pakistan to do more to prevent Taliban insurgents from
crossing the border.

In the Mlnlste(s e-mail address to PS members he made reference to the

briefing from CorTeClions personnel. He noted that the embedded CSC officers
volunteered to teach Afghan officers how to run a detention facility, and how to
guard prisoners and respect their human rights at the same time. To quote "I
won't tell you that the prison is a fine place. Ifs not. But tt will Improve. And
almost every day there Is a ConrectJons officer who puts on a helmet and flak
gear and crawls Into an armoured army vehicle with our soldiers and lakes the
dangerous trip "outside the wire" to go to the prison. There, they work wtth
Afghans teaching them that even those prisoners (many are Taliban) - who think
nothing of murdering Afghan children and other innocent people - have rights to
be protected:
•
PATROLS
There were two patrols this week, the first being on April 3"' to ANP HQ and the
second was to Sarpoza on April 6"'.

ANPHQ
The patrol mission was to have a SET Engineer perform a cursory examination
of the detention cells in the ANP-HQ. Of primary Interest were the single
isolation cells, which are contrary to all Intemational rules and regulations
conceming the Minimum Treatment of Prisoners. These cells are all cunrently
vacant.
(SET) performed some measurements and completed the inttial survey. Cunrenlly
the cells have no outside ventilation or natural lighting, and are extremely small.
These cells have no fumlshings other than a thin mattress and a blanke!.

•
Nov. 14 , 2007 EV,DFAIT.OOO1.0110 201 3
 •

• Inmates can be held in these cells for up to 72 hours, in the dark and during both
the heat of summer or the cold of winter. Plans will be established to correct
these deficiencies and bring the area up to standard.

The registration book for prisoners was examined and is very similar to the log at
Sarpoza with the exception that there are no Sentencing Notices. Warrants of
Committal were present for all prisoners. The manual is bound with numbered
pages and fully meets the intemational standards.

SARPOZA MEDICAL AID

The mission's purpose was to deliver desperately needed medical supplies to
Sarpoza Prison and to mentor the prison doctor in the keeping of proper
dispensary notes and in Inventory control.

The medical supplies had an approximate value of $9000.00 USD, and were well
received. Unfortunately the keys to the dispensary area were unavailable and it
was not possible for the Medic to make an assessment of the current dispensary
nor was it possible to assess modifications needed for the space. All supplies
were stored in an acceptable manner for the time being, in a spare office. The
receipt for the supplies was retained by CIMIC as they were purchased through
their funding as per the Quick Impact Project Proposal. The Medic spoke at
length about proper inventory and dispensing protocols in particular the need to
record dis nsed medication in a bound book and not just on individual slips.

• It was also stressed that the current dispensary required a thorough

cleaning and that the expired medication must be disposed of. Future efforts will
focus on these outstanding issues as well as mentoring in the area of dispensing
medication and maintaining proper medical files and records.

SARPOZA PRISON

• REDEVELOPMENT PLAN

A project to clean out the septic tanks, complete improvements to the

drainage of the area, and upgrade the small stream area to prevent mine
flow through has been approved. The contract should begin within the
next two weeks.

Corrections Component Director

Linde Gerwood-Fllbert

•
Nov. 14, 2007 EV.DFAIT.OOO1.0 110 3013
 • KANDAHAR PRT - CORRECTIONS COMPONENT

VOL.1 NO.10

.MEDIA

The Director metwith CTV Reporter Lisa LAFLAMME ON April 14~ regarding
our mission and the Women's Un~ at Sarpoza. She will be in counlly for the next
6 weeks and ~ is hoped that arrangements can be made to get video access
within the prison.

Media attention was given to the unfortunate loss of 6 Canadian soldiers in the
Kandahar Region on April 6~ and two more on April 11~. The CSC Director had
the honour of participating in a Ramp Ceremony on April 13~ for Soldiers Stewart
and Pentland.

• MEETINGS
There are several standard meetings that CSC attends while on the PRT. There
is a moming briefing (PUB), which involves all the section heads and NGO's
every Monday, Wednesday and Saturday momings. A Project Targeting Board
is held every Friday moming and a Patrol Meeting every Friday afternoon.

PATROLS
There were no patrols this week.

Cornctlons Component Director

Linda Garwood-Filbert

•
Nov. 14, 2007 EV.DFAIT.OOO1.0 111 1 01 1
 SECRET CEO

• KANDAHAR PRT-CORRECnoNS COMPONENT

YOU NO.11
Week endlnll April 22, 2007

MEDIA
esc Director gave an interview on April 18'" to Lee Windsor, Professor and
Military Historian at University of New Brunswick. He is writing a book on the
importance of Canadian involvement in Afghanislan both military and non-
military.

ori April 19'" CSC and CIVPOL attended a briefing session wtth the French
Media Slakeholders as a precursor to Rolation 4, which will be primarily a French
deployment.

• MEETINGS
There are several standard meetings that esc attends while on the PRT. There
is a moming briefing (PUB), which involves all the section heads and NGO's
every Monday, Wednesday and Saturday momings. A Project Targeting Board
is held every Friday morning and a Patrol Meeting every Friday afternoon.

TlRIN KOT MEETING

from the Uruzgan PRT
(UPRT) spent a few days on tease In a 0 Rule of Law piece to
governance in RC South. While his primary purpose was to network with _
JAG Lieutenant Commander CONNOR, esc was able to benefit from his two
vistts to Tirin Kot Prison and gave the Director a brief on April 17"'.

This networking is important, as one of the Project Goals in our Strategic

Engagement is to establish and maintain a liaison with international players,
wh ich specifically cites the Dutch Embassy. Addttionally tt accommodates our
direction from Dave Connors on 2007-Q2-{)9 where he suggested I "consider
visiting Dutch PRT. You have been invited and are expected-suggest you
contact Dutch POLAD at KAF. Great chance to see how they are operetlng, and
will put us in better position to pursue collaboration."

•
NcH 14, 2007
1 01 7
 SECRET CEO

While there is a more detailed report on Tirin Kot II is evident that

•
esc Director has been given an open invitation to visll Tirin Kot during her tour
of duty.

The first point of the visll was to bring In the ir prison van, which had been
donated by a previous PRT rotation , for an initial check up and a list for parts.
There are four officers who can work on the vehicles at Sarpoza and their names •
will be forwarded to us. The meeting llse~ centered on two issues , that of the
Inmate Constitution just posted at the Prison and Literacy Issues.

INMATE CONSTITUTION
~xplalned that this Constilutlon had been passed 3 years ago by the
CPO and copies are now being sent to the prisons. Sarpoza has one copy in
Pashto and one In Dari, which they are willing to share with us for translation . It
explains rights and duties for both Inmates and officers. It talks about how an
officer should behave and method of work for an officer. It also speaks to how
much freedom an inmate has, fresh air access, family vislls , the number of
showers per week, how much food they can have and that an inmate of any
religion can offer his prayers.

In this discussion they mentioned the rules spoke about ~ an inmate should be
tortured or not. When asked to explain they said that In some of the outer
regions when an inmate has drugs or Is using drugs the officers beat them wilh
sticks . The Inmate Constllution states that this is not acceptable and that there
are other means in which to deal with such prisoners. The constllution also
speaks to Intematlonal Human Rights adherence. Once we are able to get an
exact translation we will be able to see exactly what the document states .

•
Nov. 14 , 2007 EV.DFAIT.OOO1 ,0112 2 0f7
 SECRET CEO

• When asked Wthey would like the esc to provide extra copies tor posting they
stated this wo uld not wor!< because of the 25% I ~eracy rate. Instead the rules will
be expla ined orally every 15 days .

LITERACY
We were intonned that there were two teachers, nd
one for Kindergarten. In discussing the implementation of a L~eracy Program
they stated a preference for their own staff to provide the training however ~ was
explained that for us to have benchmar!<s for the program we would need
someone who is with the Department of Education to deliver training. It was at
this point that they said they had five delegates, one _ from the DoE
who have degrees and can train the staff and inmate~rovide us with
their names for furth~s it Is unclear as to whether this includes the
two teachers In the _ Wages for these teachers comes from the
DoE.

There is no classroom furniture and no speeffied classrooms. They said that tor
the inmates there should be carpets end that for the staff they would use desks
and chairs. II is hoped that we can interview the teachers at some point and get
their assessment on L~eracy Training and necessary supplies .

Also encouraging Is that requested Human Rights training tor his

•
staff.

RULE OF LAW MEETINGS

On the evening of April 17" gave a Rule of Law presentation
to CIVPOL, CSC and the KPRT JAG. The Dutch approach Is Identical to that of
Canadians and their priorities with regards to RoL have Infrastructure, Personnel
and Training as their 3 pillars. It is fell that any partnerships with the UPRT
would be very beneficial and an in~ation was extended for CSC to vls~ Tirin Kot
in the Mure. On April 18" Lieutenant Commander Connor gave us a
presentation on Shuria Law. It is fell that CIVPOL, JAG and CSC continue to
provide infonnatlon sessions to one another in order to strengthen the RoL
contingent at the PRT based on the commonality of issues and purpose.

On April 21" esc, JAG and CIVPOL went to KAF tor a meeting with Colonel
CESSFORD to explain each of our mandates and to demonstrate the inter-
connecti~ between all three departments. Added to that was our assertion that
there should be just as much focus on RoL as there is on Security.

•
"""''''',--
NoY. 14, 2007 - - -- - - - - - - - - '''EV
''.'''..AIT'' OOOlT1.0"'''-
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 SECRET CEO

NDSMEETlNG
JAG Connor and the
We met with
esc Director held a meeti •
The JAG and esc both explained their mandates and made offers of assistance.
esc also asked for access to their detention area and oells, again with the offer
of training and mentoring to their staff. It was stated we had an understanding of
their role, as In our country National Security is very important. We stated thet
we knew what he did, that we do the same work and that we appreciate the
sens~ivily of the issues and that Canada Is open to a working relationship.

A significant amount of the conversation revolved around the prosecutorial

processes regarding NOS cases. They too have a primary, high and Supreme
Court system. While their focus is on Kandahar they also take cases from Zabul
and Uruzgan. The department has two branches; one that looks at what they call
inside/outside security that Is terrorism, kidnapping and counterfeiting. The
second branch monitors NOS duties, offioers, prisoner cases, logistics and
personnel. They have no access to the operational branch of the NOS

The main justioe branch in Kabul only works on NOS terrorism cases. There are •
now 9 judges or personnel who oversee this process. They currently have 80
cases impacting 150 prisoners that they cannot get judgments on, as the Judges
are wary to make a decision because of threats/night Iellers. Those 150 are
being held in Sarpoza. Their problem Is to get the judges to make decisions on
these 80 cases and to that end gave us copies of those cases with the
hope of some asslstance.

W~ regards to investigations the main cases are Terrorism cases.

investigates for the AG and identifies cases such as SUicide, lED plaoement, and
Taliben identification. When asked about personal safety they stated ~ was not
an issue. they
There are 6 investigators but their organizational
chart calls for 14. Training is a problem and nobody seems to want the job.

The meeting ended with an open invttaticn for the JAG and esc to come to and
continue with discussions and they indicated no problem with esc the
detention cells ..

•
Nov. 1., 200 7 EV.DFAIT.OOO1 0 112 4 017
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SECRET CEO

• PATROLS
There was one patrol this week on April 17". This patrol had three tasks that
being two engineers from SET to examine the perimeter,
being from KPRT and the other
Officers, one
0 was at the base
on business from the Dutch PRT to examine the eglstration and Release
processes and delivery of the parachutes for mesque coverings. The base
photographer was also there to update footage for the PRT video clips on line.

The SET engineers discovered that the creek running through the facility has
now been diverted. This is good news for the engineering team as the path can
be fiiled in and wiil eliminate the possib;r ines floating into the facility.

Director and the Canadian and Dutch _ _pent an hour w i t h _

o discuss the legal process for admission and discharge of inma'lBs"iirid
• ow a under what authori inmates are held at Sarpoza Prison. To that end

• sone
fficers in ail of Afghanistan chosen to go to Tur1<ey for three months of
specialized training in Corrections in October 2006. CPO had indicated that
completion of this training would result in extra compensation however that has
not happened to date.

There are three types of prisoners that Sarpoza will admil to the prison, those
sent by the ANP, those sent by the Attomey General and those sentenced by the
courts. The Attomey General segment for processing is 2 weeks during which
time the prisoner is at Sarpoza. The documents then go to the court and they in
tum have 3 months to determine guin. If found gUiity they are sentenced for a
specified periiod of time.

They stated they recognized the two categories of prisoners, those awailing court
and those sentenced and the fact that they should be kept separate. They do try
to as much as possible by keeping them in separate ceils however this is in the
area of convicted prisoners. They do have an area in the prison for Remand
Prisoners however as the roof is in need of repairs they try to separated them
using specific cells in the criminal section of the prison. CSC wiil need to
address the roof repairs in order to re-open their Remand Centre SO as to adhere

• to UN Standard #85.

Nov. 14, 2007 EV.DFAIT.OOO1.0 112 50f7

 SECRET CEO

With regards to documentation

prisoners admitted were cove
howed us that all
y ocumentation that he referred to as Form
#2. We were shown both the Registration Book, the file with the Form #2
Admission papers and another file with Discharge Orders from the court. A
•
second fingerprint in the Registration Book confirms that a prisoner has been
discharged. These particular documents were for the National Security prisoners
of which there are currently 136. The A&D process for them Is identical to that of
criminal prisoners . When they first took over the prison there had been prisoners
on sUe past their sentencing date but not any more. In order to ensure this they
have a BF system whereby 1 week prior to a release date the prison contacts the
courts to ensure they complete the necessary documentation for the inmate's
release . The CSC and JAG were both allowed to photograph these documents.

This process was conceived b y _ and implemented at Sarpoza. It was

sent to CPO for their approval ~re now under the impression that the
MoJ is ensuring that all prisons are using this system. This however is not the
case as confirmed that Tirin Kot kept no admission or
discharge papers what so ever.

SARPOZA PRISON

• Curriculum and In-servlca Training Centra

There has been development in both of these areas this week. On April
•
21" the UNAMA Corrections Advisor participated in a Conference Call
hosted by the CSSP. They had been given a copy of the CSC critique of
their curriculum and U was used as a discussion point for the call. It was
recognized that the curriculum could use some revisions and that the
points made by CSC were valid. To that end in the very near Mure they
will be revising the program. An invitation has been extended for esc to
participate in this process as well as an invUation to come to the National
Training Centre in Kabul.

• Approval has now been given for construction of an Interim In-Service

Training Facility (I-ISTF) by providing temporary mobile facilities and
equipment for police and corrections training at the K'PRT until the
construction of the In-5ervlce Training Facility is complete (first quarter of
2009 at the earliest). The project will include some minor construction but
mostiy tents and equipment necessary to support ongo ing for police and
corrections training activities, as well as their expansion, Including the
possibility to expand to other Afghan civil servants.

•
Nov. 14 , 200 7 EV.DFAIT.OOO1 ,0112 60f 7
 - - -- - ~ • _ _ • n _. _ •

SECRET CEO

• This project has developed from a need to provide a safe and secure
location in which CIVPOL, CSC and other Canadian personnel can
provide training to the ANP, Afghan corrections personnel and other
Afghan civil servants. The I·ISTF will provide the facililies to immediately
support and expand essential training activities while the permanent
faclilly is being constructed.

The I·ISTF will consist of three weather haven-tents, which will house a
classroom, an office area and a gymnasium and will be equipped with the
necessary equipment to conduct training and administrative duties. The
facililies will allow training to take place year round and will be equipped
wIIh both heaters and air condllioners. Due to the temporary nature of the
facilily and to avoid interference with the Mure construction of the ISTF,
the only fixed component of the facilily will be the concrete platforms on
which the weather haven tents are installed . . The faclilly IlseW will be
housed wIIhin the compound of the K-PRT andlor the adjacent compound
of the ISTF.

The Correctional Component will provide all day training to up to ten CPO
staff twice a week. The training lessons will be established In conjunction

•
with the Prison Wor1<ing Group , UNAMA and the Afghan Central Prison
Department. At this time the esc TrainerlMentor will base much of the
training on the system developed by the UN Mission in Liberia project.
This program is designed for use in a post conflict environment with an
Islamic population base. This training includes, but is not limlled to, proper
correctional practices, Human Rights, Afghan laws of detention, ethics,
professionalism and acceptable conduct, both on and off duty. This
training will Include scenarios, role-plays, and hands on practice with
security equipment and materials. Llleracy training will be provided for at
the Prison . Training for the Female Correctional Officers may be a
modified version of tha larger training but II Is hoped that they will be able
to fully participate at the Training centre.

Corrections Component Director

Lind. G.rwood-Fllbert

•
Nov 14, 200 7 EV OFAfT000 1.0112 7 017
 • KANDAHAR PRT- CORRECTIONS COMPONENT

VOL.1 NO.10

.MEDIA

The Director mefwith CTV Reporter Lisa LAFLAMME ON April 14'" regarding
our mission and the Women's Unit at Sarpoza. She will be in country forthe next
6 weeks and it is hoped that arrangements can be made to get video access
within the prison.

Media attention was given to the unfortunate loss of 6 Canadian soldiers in the
Kandahar Region on April 8'" and two more on April 11'". The CSC Director had
the honour of participating in a Ramp Ceremony on April 13'" for Soldiers Stewart
and Pentland.

• MEETINGS
There are several standard meetings that CSC attends while on the PRT. There
is a moming briefing (PUB). which Involves all the section heads and NGO's
every Monday. Wednesday and Saturday momings. A Project Targeting Board
is held every Friday moming and a Patrol Meeting every Friday aftemoon.

PATROLS
There were no patrols this week.

Corrections Component Director

Unda Garwood-Filbert

•
Nov. 14, 200 7 EV OFAIT.OOO 1.0 113 1 of 1
 --------------

• KANDAHAR PRT - CORRECTIONS COMPONENT

VOLl NO.12

MEDIA
The Globe and Mail article by Graeme Smilh came out on April 23'"' which set
the tone for the majority of the week's events for both the esc and the PRT.
Lisa LaFlamme of eTV News was embedded at the PRT and the esc Director
gave an Interview on April 24'" on Sarpoza Prison and Its Women's Unil. This
was background for an upcoming piece, which is contingent upon the Warden
allowing her access to the prison.

. eTV Nightly News broadcast a story on detainees on April 24'" and comments
from esc while brief were out of context. Their websile has since posted two
stories on esc and their efforts at Sarpoza on April 25'" and April 27'" which

• were more reflective of our mission and the wor1< being done here and in the
prison.

Since that time the esc, and DND personnel have been placed on a
communications ban and all media requests eilher to the esc Director or the
KPRT PAFO are being forwarded to Ottawa for a response,

MEETINGS
There are several standard meetings that esc attends while on the PRT. There
Is a morning briefing (PUB), which involves all the section heads and OGD's
every Monday, Wednesday and Saturday mornings, A Patrol Meeting is held
every Wednesday evening and a ProjectTargeting Board every Friday afternoon.
The Saturday PUB was replaced by a Commanders Hour In the pit area where
the Colonel spoke to the soldiers about current events primarily the detainee
issue and the DND communication ban.

UNAMA HUMAN RIGHTS MEETING

esc met wilh the UNAMA - on April 26"'.
Specifically we met with and a national
They wor1< out of the Kandahar

•
employee by the name of
Office and also attend to the other 5 areas in the south,

Nov. 14 , 2007 EVDFAITOOO1.01 14 1 014

 Discussion focused on the recent exoneration of the previous Warden of
Sarpoza . MUHAMMAD NADIR was accused and arrested in earty 2007 for the
rape or attempted rape of a juvenile prisoner. When the Warden's room was
searched they also found hashish, wine and cosmetics. CSC had been made
•
aware of this incident when they arrived in theatre in early February. _

A Judge by the name of _ apparentiy tried NADIR in a Military Court. It

is not sure why military court as he is not under the Mol but is assumed tt was
done because he held a rank even though he falls under the MoJ. The rationale
for exoneration is that the judge did not see the testimony of juvenile criminals as
credible and that tt would be impossible for a drunken man in his SO's to commit
the act of rape. The Provincial Council has condemned the fact that the case did
not go forward. The UN is targeting this incident as a major HR violation and is
interested as to whether he will be re-instated at Sarpoza or at another prison.
CSC will attempt to get Information on this matter.

The CSC Director also informed the UN that when visiting NOS on April 25" that
all the prisoners were in shackles and that the Director had been Informed that
this practice was unacceptable.

INTERDEPARTMENTAL MEETING ON DETAINEES

On April 28" the esc Director along with Colonel CHAMBERLAIN, lieutenant
Commander CONNOR of JAG and Gavin BUCHAN of DFAIT participated in a
•
Interdepartmental Meeting on Detainees via conference call moderated by David
Mulroney. Topics discussed were the next steps for the Arrangement for the '
Transfer of Detainees, possible Fact Finding Mission, Lttigation Update on the
BC Civil Liberties case alleging war crimes, NATOIRC South Detainee
Coordination and the next steps for the mission's capactty building. Another call
is sciheduled for May 1" .

QUESTION PERIOD
The Director was requested on several occasions to proviide sttuational
awareness, expertise and facts from the field prior to Question Period this week.
This included a list of all patrols to the PrisonJDetention Centres in Kandahar
Province with the purpose of the patrol and the personnel who accompanied
CSC. in addttion there were phone conversations with Minister DAY, and CSC
personnel Ginette LECLERC and Ross TOLLER on April 25", 26" and 27"
respectively.

•
Nov. 14 , 200 7 EV,DFAIT.OOO1.0114 201 4
 • RULE OF LAW
As stated in our previous report on April 21" esc, JAG and CIVPOL went to KAF
for a meeting ~ Colonel CESSFORD to explain each of our mandates and to
demonstrate the inter-connectiWy between all three departments. Added to that
was our assertion that there should be just as much focus on RoL as there is on
Securi1y.

As a follow-up a copy of esc's Mission-Mandata-Matrix document was supplied

to Major KOCH of Information Operations (10) in KAF. Major BOUCHER of J5
as part of Brigadier General Grant's HQ contacted CSC and CIVPOL as they are
responsible for providing a consolidated view of plans and activities ~hin the
Area of Operations. He admitted to not having a good understanding of the esc
plans and objectives and have only recently started seeing some of our field
reports. They are trying to close the gap in a few areas and ensure that their
Whole of Government approach is synchronized. As they are required to provide
assessments along all three lines of operations, they have asked for our support
and assistance in broadening their understanding. It was made clear that there
Is no intention to interfere ~h CSC's operations but that their interest is purely
information gathering and situational awareness on behaW of the Commander.
They noted that Conrections is a hot topic these days and is recognized as a key
pillar in judicial reform. The Director has contacted CSC to get approval to hand
over relevant documents.

• PATROLS
There were two patrols this week on April 24" to Sarpoza Prison and on April
25" to NOS. **Any Mure Patrol requests by esc have to be approved by
General GRANT for the time being.

The Sarpoza patrol was to assess the vocational area of the prison ~ regards
to setting up inmate classrooms, library, and an area for a new carpentry
program. The Team also looked at potential training areas to instruct officers
and staff on site.

The Juvenile Un~ school area consisted of a small wh~e board and a cell that
has been adopted as a classroom. It was in need of furnishings, equipment and
a fan. This area is currently used to instruct up to 35 students at one time and is
grossly undersized. The Warden suggested that the wall separating two cells be
demolished and that the entire area be used for educational purposes. Juvenile
Classes run from 0800-1200 and then again from 1300-1700. Instruction comes
from two different teachers. In the Women's Un~

•
Nov. 14 , 200 7 EV OFAIT OOO 1.0114 3014
 ,•

Hwas not apparent that H

had been used other than the fact there was a chalkboard inside. Having said
•
that we feH Hwas not a good practice to bring young children into that area and
may be better suited for the Juveniles. The facilHy is planning on adding a scarf-
making program that would take up two offices. Space for the carpentry program
would require building an area suHable to the purpose outdoors.

The Classroom Project, Library Project and the LHeracy and Vocational Projects
have been included in the CSC's Project Proposal via the GPSF.

The Director of the Corrections Component and Gavin BUCHAN of DFAIT to

endeavour to review the Registration Book for prisoners, to meet the Director of
the Detention Centre and to tour the Detention Cell Block to assess compliance
wHh Intematlonal Standards. This patrol had been planned for some time
however became more u ent due to recent Canadian media commenta . We
metwHh the
an olthe Detention area. A full
report was filed wHh DFAIT. CSC has informed UNAMA HR and the UNAMA
Corrections Advisor of the practise of using shackles at NOS on April 26"'-
AddHionally, allegations made by two of the prisoners were passed on by the
esc Director to AIHRC and ICRC for them to investigate. •

CURRICULUM
The Trainer/Mentor was sent to KAF wHh CIVPOL and the MP's to attend a 2 day
presentation on mentoring sponsored by DYNA CORP. Unfortunately he only
attended the first morning session and as such a comprehensive report cannot
be provided. While the focus was on ANP the prison system here will be
encountering the same challenges when their training programs are fuliy
underway. CIVPOL indicated that they received a CD wHh all the presentations.

Corrections Component Director

Uncia Garwood-Filbert

•
Nov, 14. 200 7 EV.D FA IT.OOO1 ,011 4 4 014
 •
PRISON AND DETENTION CENTRE SITE VISITS

SARPOZA

2007-02-13 .
A team composed of Correctional Services Canada (CSC), RCMP, Civic Military
Cooperation (CIMIC) and an Interpreter conducted their innial intnoductions and
orientation of Sarpoza Prison under the escort of Force Protection Services. We
were introduced to the new

• 2007-02-19
Correctional Supervisor Fecteau engaged in a patrol to Sarpoza Prison, and an
engineer from the Specialist Engineer Team (SET) and the representative from
CIMIC were included in this patrol. The SET engineer was asked to accompany
the patrol so that he could make a more accurate evaluation of the structural
needs for the refurbishment of Sarpoza. It was also part of his duties to
detennlne the proper placement and needs for the construction of appropriate
towers around the perimeter of the facility.

2007-02·23
A patrol to Sarpoza prison was undertaken and present for the mission were
General Grant; overall commander of Canadian Forces in Kandahar Province,
Lieutenant Colonel Chamberlain; KPRT Commanding OffIcer and Correctional
Supervisor Fecteau. The purpose of the vlsn was to ensure the Senior Staff of
the prison that the entire Canadian Mission was behind the effort to ensure
Human Rights and re-construction projects. General Grant had signed an
agreement wnh the Afghan Independent Human Rights Commission (AIHRC)
earlier that morning.

•
Nov. 14 , 2007 EVDFAITOOO1.01 15 1 of 4
 2007-03-06
A patrol went out from KPRT to Sarpoza Prison consisting of the
representatives, two CIMIC pen;onnel and the PRT Public Affairs OIIicer. One
esc
purpose of the patrol was to deliver ten flashlights , with batteries , and ten basic
first aid kits. This delivery served a duel purpose of supplying desperately
•
needed equipment and to mentor the Provisions OIIicer. The second focus was
to discuss medical needs with the Instilulional Physician and have him develop a
list of needed medications and supplies for the Medical Outreach program to be
sponsored by CIMIC. esc Team Leader and Warrant OIIicer Coady (CIMIC)

-
conducted a tour of the Women's area with the Deputy Commander

2007-03-08
The esc contingent conducted a patrol to SaljlOla Prison via MP escort.
Accompanying the team were one CIMIC, the JAG Officer and the Public Affairs
Officer. The purpose was to collect the list of medical equipment required and a
nominal roll of all staff working in ssrpoze. The CSC and JAG raised the
International Legal Fund issue of lawyers not being allowed a separate room
where the defence lawyers could meet with their clients. This was discussed with
the Warden and he indicated that an area has been made available upon request
but acknowledged that they also conduct interviews at the cell. The Warden was
told thatesc would continue to menllor this matter with the lawyers, highlighting

•
this as a human rights issue. A tour of the National Securilly area (Poillical
Prisoners) was conducted .

2007-03-12
The Correctional Contingent departed the KPRT on patrol to sarpoze Prison
under escort of Close Protection Forces. The mission of the patrol was to provide
a tour of the faclilly to the Minister of National Defense, Mr. O'Connor.
Commanding OIIicer of the KPRT Colonel Chamberlain and DFAIT Poillical
Director Gavin Buchen were also in the party. Members of the media were not
included in the tour but the CSC did give an interview on the base eariler in the
day with CP, CBC and Global TV.

2007-03-19
The esc component departed the KPRT on patrol to sarpeea Prison under
escort of ger Tac. Accompanying the Team were one CIMIC, the PAFO and
Graham Thomsqn, a canadian journalist from Can West. This patrol was in aid
of a commllment Lt. Colonel Chamberlain made to the Press Corp when he
cancelled their visll to sarpoza with the Minister of Defence on March 12th. This
was not a esc commllment per se; we were assisting the KPRT with the ir
commllment.

•
Nov. 14, 2007 EV,Of AlT,OOO l .0115 2014
 •
-.

• 2007-113-22
Correctional Team from KPRT accompanied by the Pol~ical Advisor of DFAIT
undertook a patrol to Sarpoza Prison under escort of ser Tac. The mission was
to attend a luncheon with the Senior Officers of the prison in a relationship
building exercise. This was also an oppcrtunlty to introduce the DFAIT pomical
Advisor Gavin Buchan to the Warden and his staff.

2007-03-25
The Correctional Component departed the KPRT under MP escort. While this
was a three-mission patrol the Correctional aspect was to review the Prison's
Register, take pictures in the kitchen and clinic to verify
report and to take measurements of the Institutional Stores for the SheMng alP.

2007-03-28
The Correctional Component departed the KPRT under Force Protection escort
and was accompanied by a Weapons Technician, DND Photographer and the
JAG . This patrol had three distinct objectives that being delivery of 200 Crank
Radios and 5 bundles of ISAF Newspapers as per our alP, an inspection of the
prison's armoury and to interview the women prisoners and Correctional Officers.

2007-04-08
The Trainer/Mentor departed the KPRT under the protection of ger TAC. Warrant
Office Coady of CIMIC, Combat Camera and a Medic from Un~ Medica l Services

• accompanied the patrol. The mission's purpose was to deliver desperately

needed medical supplies to Sarpoza Prison and to mentor the prison doctor in
the keep ing of proper dispensary notes and in Inventory control.

2007.()4.17
The CSC Component departed the KPRT for Sarpoza Prison under the escort of
Force Protection. Also on the patrol were two engineers from SET, along with
one being from KPRT and the other
who was at the base on business from the Dutch PRT in Tirin Kot, Uruzgan. The
base photographer was also there to update footage for the PRT video clips on
line. The primary focus was to g l v ' - a brief tour of the facll~
and vocational area for s~uatlonal awareness and comparative purposes to the
Tirin Kot Prison In Uruzgan . This networking is important, as one of the Project
Goals in our Strategic Engagement is to establish and maintain a liaison with
international players, specifically c~lng the Dutch Embassy.

2007-0....24
The CSC Component departed the KPRT under the protection of a combination
of MiI~ary Police and ger TAC . The patrol was a mulli tasking mission but the
CSC aspect was to assess the vocational area of the prison with regards to
setting up inmate classrooms, library, and an area for a new carpentry program.
Team will also look at potential training area to instruct officers and staff on s~e .

•
Nov . 14, :2007 EV.D FA IT.OOO1 .011 5 3014
 •

AFGHAN NATIONAl POLICE HQ

•
2007-04-03
The Trainer/Mentor departed the KPRT under the protection of ger TAC . The
patrol mission was to have a SET Engineer perform a cursory examination of the
detention cells in the ANP-HQ. Of primary interest were the single isolation cells,
which are contrary to all international rules and regulations concerning the
Minimum Treatment of Prisoners.

•
NATIONAl DIRECTORATE OF SECURITY

2007003-14
The Director of the Corrections Component departed,tI1eJ<eRI.on.Pal!ll1 to NDS
under MP escort. The mission of the patrol wes f o ' -!and Staff
Sergeant McCambridge to provide introductions on ~CSC and
the MP's . The Engineers were also going to assess certain structures on sRe and
the EOD UnR was going to pick up some ordinances for disposal.

2007-04-25
The Director of the Corrections Component and Gavin Buchan of DFAIT
departed the KPRT at 16:00 on patrol to NDS under Force Protection escort.
The purpose of the patrol was for CSC to endeavour to review the Registration
Book for prisoners, to meet the Director of the Detention centra and to tour the
Detention Cell Block to assess compliance with International Standards . This
patrol had been planned for some time however became more urgent due to
recent Canadian media commentary.

•
Nov, 14, 2007 EV.DFAIT.OOO1.0115 4 0f4
 •
SARPOZA SITE VISIT
2001-03-12

The Correctional Contingent departed the KPRT on patrol to Sarpoza Prison

under escort of Close Protection Forces. The mission of the patrol was to provide
a tour of the facility to the Minister of National Defense, Mr. O'Connor.
Commanding Officer of the KPRT Colonel Chamberlain and DFAIT Polrtical
Director Gavin Buchan were also in the party. Members of the media were not
included in the tour but the CSC did give an interview on the base earlier In the
day wrth CP, CBC and Global TV.

Upon arriving at Sarpoza, the Team Leader introduced the Minister of National
Defence to A quick tour of the Juvenile and
Criminal sections of the prison and the Guard's quarters was conducted.
_provided a running commentary to the interpreter, who in tum explained

• the information to the Minister. The Minister had the opportunity to view the living
conditions of the prisoners and to speak to inmates and staff.

Upon the completion of the tour the patrol returned immediately to the KPRT
where further briefings on CSC's Mission Mandate were presented to the
Minister along wrth presentationsfrom the OGD's.

R. Fecteau
Trainer/Mentor
Correctional Contingent
KPRT, Afghanistan

•
Nov. 14, 2007 EV.DFAIT.OOO1 .0 116 1 of 1
 •
NATIONAL DIRECTORATE OF SECURITY SITE VISIT
2007·03-14
The Director of the Corrections Component de~rted the KPRT on lral to NOS under
MP escort. The mission of the patrol was ~ and Staff sergeant
McCambridge to provide introductions on beha a , and the MP's. The
Engineers were also going to assess certain structures on site and the EOO Unit was
going to pickup some ordinances for disposal.

CIVPOL, CSC and the MP Officer In-Charge met with

_ _ the Director of NOS. Introductions were made and the initial conversation
~around CIVPOUMP issues with the area of need for NOS being vehicle repair
and the need for District Offices.

• With regards to esc issues our mandate was explained to as was the fact
that we were offering assistance and training to Sarpoza and has also assessed the
needs of the ANP Detention centre.
buildin a new rison for NOS.
stated that the Americans were

When asked about ema

prisoners he stated they had one female officer aodled such cases but as they did
not have an area to house female prisoners they were transferred to the ANP Detention
centre. A request to see the detention area in the future was also expressed.

The meeting with _ ended with the request in the future to meet with the
heads of the respective Departments in particular the person in charge of the Detention
area and Attorney General.

After the meeting the Engineer was asked to look at t h e _ a n d CIVPOL and
the EOD specialists inspected the EOD's, which were ~ over to them for
disposal.

L. Garwood-Filbert
Director

•
Corrections Component
KPRT, Afghanistan

Nov. 14. 2007 EV.DFAIT.OOO1 .0117 lor 1

 •
SARPOZA-KPRTLUNCHEON
2007.03-15
The Director of the Corrections Component hosted a LUncheon for the Senior
Officers of Sarpoza Prison and key PRT Personnel involved with the
development of the prison. In attendance from esc were Director Garwood-
Filbert and Trainer Fecteau, LEGAD Lieutenant Commander Connor and Head
of Engineerin Ma'or Tan a Concannon were also invijed. Attendees from
r

Luneh was held In the Blue Room and who as ~ tums out is
also a long time colleague of -.. group. Conversation

• revolved around the developing partnerships between the esc, PRT and
Sarpoza Prison . Other topics discussed were the needs for improvement to the
prison, training, treatment of prisoners and UN Standards, and the recognition of
the--lliffie.1i!Llob of corrections and Iiei . There was also a

L. Garwood-Filbert
Director
Corrections Component
KPRT, Afghanistan

•
Nov. 14. 2007 EV.DFAIT.OOO1 .0118 1 of 1
 •
SARPOZA SITE VISIT
NARWOZ LUNCHEON
2007.(13-22

Correctional Team from KPRT accompanied by the Political Advisor of DFAIT

undertook a patrol to Sa>:poza Prison under escort of _ The mission was
to attend a luncheon with the Senior Officers of the pnson in a relationship
building exercise. This was also an opportunity to introduce the DFAIT Political
Advisor Gavin Buchan to the Warden and his staff.

• There was however a discussion of some Quick Impact Projects (QIPs) that we
were hoping to Implement in the meantime. The Medical Outreach, where we
planned to re-stock the prison's clinic has been given preliminary approval and
we hope to move on ~ soon. Additionally we are in a posmon to deliver enough
blankets for each inmate and staff member and a crank radio for each inmate cell
and officer's quarters.

o thatena we ret ImOw that-we coula-supp

is-stall;"'lnmate.--an eir visttors ~ the ISAF Paper, which features those
types of stories. In add~lon to Kandahar, this has the impact of reaching Nimroz,
Uruzgan, Hilmand and Zebul as serpoza has Inmates from all of these provinces.
The Radio and Newspaper Distribution QIP will be submitted for the next
Targeting Board.

•
Nov. 14 , 2007 EV.OFAIT.OOO 1.0 119 1 01 2
 _ ,,,u lMlr.satlo,,,-,,,,,-,
•
WfiI(:Ji" was amag 0
the point of having to move to alternate accommodation. The conditions were
very bad with no food and no water. He had to make a small pool for water and
find food for the prisoners. There were nerther toilets nor towers: This was 2 %
years ago and the information is consistent with When
asked about the _ he stated they have yet to assist in any significant
way. He did state that the Red Cross ave Sarpoza some blankets and
shampoo that he in tum gave t eft a year ago.

Lastly we discussed Sarpoza's communication with Kabul-.mted that •

they report to the CPO every day. Our team needs to establish how they report,
who do they contact and what Information do they provide.

The Director also advised that the UNAMA Comsctlons Advisor In Kabul Is from
CSC and that he is currenUy wor1<ing on the Priority, Reform and RestructUring
(PRR) which Is reviewing classifications, job descriptions and pay scales. It was
also relayed that the Information Sarpoza provided to us on their staff is very
valuable to that process.

Once the meal was prepared the meeting adjoumed to the dining area. esc,
DFAIT POLAD, Interpreter and two CF Soldiers joined the Senior Staff in lunch.
The affair was very relaxed with excellent rapport between all participants.

At the conclusion of the luncheon small gifts were given to all Canadian
participants and the Interpreter. These gifts consisted of pens and coffee cups for
the men. The women involved with Sarpoza received pens and necklaces for not
just the Team Director but also one each for JAG Connor and CIMIC Coady.

R. Fecteau
Trainer/Mentor
Correctional Component
KPRT, Afghanistan

•
Nov. 14, 2007 EV.DFAIT.OOO1.0 119 a of2
 SECRET CEO

•
SARPOZA SITE VISIT

a_
2007.03-28

The Correctional Component departed the KPRT under Force Protection escort
and was accompanied by DND Photographer and the
JAG. This patrol had three ~being delivery of 200 Crank
Radios and 5 bundles of ISAF Newspapers as per our QIP
~nd to interview the women prisoners and Correctional Officers.
~ocus on the first two objectives.

Uponamval at the facility the Team issued two hundred solar/hand-crank

powered radios to the Prison. These radios were given to the Team free of
charge by the KPRT Psy..()ps and are usually given to Afghan nationals. The
purpose of the radios is to assist In meetingthe International Minimum Treatment

• of Prisoners Standards by keeping the inmates informed and up to date on the

news and current issues within the country. Also given free of charge were two
different issues of the ISAF Newspaper to further assist in meeting the above
standard.

•
Nov. 14, 2007 EV.DFAIT.OOO1.0120 1 012
 SECRET CEO

Correctional Component
KPRT. Afghanislan

•
Nov. 14, 2007 EV.OFAIT.OOO1.0120 2012
 - - - - - - - -- - - - - - - - - - - - - - - - - --- --- ------ - - - -- - - - --

SECRET CEO

•
SARPOZA SITE VISIT
2007-lI3-28 (A)

The Correctional Component departed the KPRT under Force Protection escort
and was accompanied by a Weapons Technician, DND Photographer and the
JAG . This patrol had three distinct objectives that being delivery of 200 Crank
Radios and 5 bundles of ISAF Newspapars as per our QIP, an inspaction of the
prison's armoury and to interview the women prisoners and Correctional Officers.
This report will focus on the latter objective and is based on interviews by the
esc Director and PRT JAG, both women .

• She stated she makes regular reports to t e

Attorney General and makes sure the inmates are cared for. She told me the
Unit had 20 inmates, 18 children and 2 officers.

and he was

st re is a pregnant Inmate
'ng to her needs.

•
Nov. 14 , 2007 EVOFAITOOO1.0 121 1 01 4
 SECRET CEO

. • •
says she can get a job there cleaning for 16,000 a month.
• i .. ..:
•
She was asked about the other Correctional Officer on the roll call,

•
They also stated a preference for
boots over shoes. Lastly they asked ~ we could bring them sunglasses the next
time we visRed.

some of the crimes I was told that In the case of

The JAG also spent time talking to the female inmates.

was wiliin to talk because the were afraid of the
but said they were be ng rea respe .
The first woman who asked the JAG to go wRh her to her room was talking about
the food.

•
Nov. 14 , 200 7 EV,OFAIT.OOO1.0121 201 4
 " SECRET CEO

• Another priso ner brough t the JAG to her room and told her she 's got one year to
serve and then goes back to family. She had a trial and appeared before a judge
twice. She's not exactly sure when she 's getting out as she doesn't know the
month or yea r meaning she has not been to ld her release date . She was afraid
of talking to the JAG and interpreter in front of security.

There was an inmate who came from Helmand sentenced to 5 years in jail. No
lawyer, tria l or investigation. She asked to be moved to Kandahar and has been
at Sarpoza for 6 days . So far no one has asked her about anything.

The JAG asked how many women had a trial and at least 7 said no . None had
ever seen a defense lawyer. When the interpreter told the inmates the JAG was
a lawyer, no one knew what that was as in Afghanistan there are not a lot of
lawyers.

A female inmate who can read or write spoke to the JAG and she's going to write
about any concerns and has been told she can hand that note to any female
Canadian Soldier.

With regards to concerns the inmates asked for floor fans to keep the children
coo ler as not every cell has a ceiling fan . Wh ile there is a pump there is a claim
the water is not good . The food was also said to be very bad. They requested

•
medicine and to see a doctor.

Most inmates claimed ailments of one sort or another, even

complained of pain in her back, knees and legs. When questioned about the
inmate who is about to give birth ~ was stated she would be allowed to go to
outside hospital. Having said that ~ is a concem that they inmates are asking to
see a Doctor wh en there is one who works on slte. It Is possible that he only
treats the male inmates but this will be followed up on . The OIP Medications and
Clinic Supplies will be delivered to Sarpoza on the April 6'" Patrol.

Correctional Component
KPRT, Afghanistan

•
Nov. 14, 2007 EV,OFAlT,OOO1.0121 3014
 ...
SECRET CEO

•
Nov, 14. 200 7 EV.DFAIT.OOO1 ,0121 4 014
 · . SECRET CEO

•
SARPOZA SITE VISIT
2007-03-28

The ColTeClional Component departed the KPRT under Force Protection escort
and was accompanied by a DND Photographer and the
JAG. This patrol had three distinct objectives that being delivery of 200 Crank
Radios and 5 bundles of ISAF Newspapers as per our QIP,
-"nd to interview the women prisoners and ColTeClional Officers.
~cus on the first two objectives.

Upon arrival at the facility the Team issued two hundred solar/hand-crank
powered radios to the Prison. These radios were given to the Team free of
charge by the KPRT Psy-Ops and are usually given to Afghan nationals. The

•
purpose of the radios Is to assist In meeting the Intematlonal Minimum Treatment
of Prisoners Standards by keeping the inmates informed and up to date on the
news and current issues wilhln the country. Also given free of charge were two
different Issues of the ISAF Newspaper to further assist in meeting the above
standard.

•
Nov. 14, 2007 EV .DFAIT.OOO1 .0122 1012
 SECRET CEO
.'

Correctional Component
KPRT. Afghanistan

•
Nov. 14 , 2007 EV,OFAIT.OOO1.0122 2 012
 •
ANP DETt:NTION CENTRE SITE VISIT
2007~3

The TrainerlMentor departed the KPRT under the protection of ger TAC . The
patrol missiOn was to have a SET Engineer perform a cursory examinatiOn of the
detentiOn cells in the ANP·HQ. Of primary interest were the single isolatiOn cells,
which are contrary to all intematiOnal -rules and regulatiOns conceming the
Minimum Treatment of Prisoners. These cells are all currently vacant.

Master Warrant Officer Pemberton (SET) performed some measurements and

completed the innial survey. Currently the cells have no outside ventilatiOn,
natural lighting , and are extremely small. These cells have no furnish ings other
than a thin mattress and a blanket. Inmates can be held in thase cells for up to
72 hours, in the dark and during both the heat of summer or the cold of winter.
Plans will be established to correct these deficiencies and bring the area up to
standard.

DUring the tour a generator for the cell block and fumijure for the office spaces
wene requested by the Captain.

While in the offIce of the Detention Anea the Trainer/Mentor took the opportunijy
to exam the registratiOn book for prisoners . The book is very similar to the log at
Sarpoza with the exception that there are no Sentencing Notices. Warrants of
Committal were present for all prisoners. The manual is bound with numbered
pages and fully meets the international standards.

R. Fecteau
TrainerlMentor
Conrecti6nal Component
KPRT , Afghanistan

•
HoY 14,2007 EV OF.An 0001 .0123 1 of 1
 •
SARPOZA SITE VISIT
2007-04-06

The Trainer/Mentor departed the KPRT under the protection of ger TAC. Warrant
Office Coady of CIMIC, Combat Camera and a Medic from Un~ Medical Services
accompanied the patrol. The mission's purpose was to deliver desperately
needed medical supplies to Sarpoza Prison and to mentor the prison doctor in
the keeping of proper dispensary notes and in inventory control.

The medical supplies had an approximate value of $9000.00 USD, and were well
received. Unfortunately the keys to the dispensary area were unavailable and ~
was not possible for the Medic to make an assessment of the current dispensary
nor was ~ possible to assess modifications needed for the space. All supplies
were stored in an acceptable manner for the time bein , in a s re office and

• were signed for by both The

receipt for the supplies was retained by CIMIC as they were purchased through
their funding as per the Quick Impact Project Proposal. The Medic spoke at
length about proper inventory and dispensing protocols in particular the need to
record dispensed medication in a bound book and not just on individual slips.

_ It was also stressed that the current dispensary required a thorough

cleaning and that the expired medication must be disposed of. Future efforts will
focus on these outstanding issues as well as mentoring in the area of dispensing
medication and maintaining proper medical files and records.

While present at the facil~ was requested to supply the

Trainer/Mentor ~h an Inst~utional Organizational Chart and job descriptions for
all staff and positions. This information is to be supplied and delivered to the CSC
office by Thursday 2007-04-12.

was also informed that a project to clean out the septic tanks ,
complete improvements to the drainage of the area, and upgrade the small
stream area to prevent mine flow through has been approved. The contract
should begin ~hin the next two weeks.

•
Nov. 14, 2007 EV .DFAIT.OOO1 .0124 1011
 EU MEETING REPORT
2007-Il4-07

On the above date a meeting was held between Dave Fudge of CIVPOL, Ric
Fecteau of the esc and Dr. Hansjorg KRETSCHMER, the Ambassador and
Head of Delegation for the European Union.

The meeting was for the E.U. representative to gain basic information on the
situation in the Kandahar Province in regards to PRT involvement ~h the ANP
and CPO. The CIV·POL information took most of the meeting ~h the esc going
last and concentrating primarily on Sarpoza Prison.

The gist of the information given to the E.U. Representative dea ~' ~ the
outstanding quality of the staff ~in the facility and the interaction between the

•
staff and inmates. W~ the information received from Dr. Kretschmer " would
appear that Sarpoza is far ahead of most of the rest of the counlly in both
infrastructure and human rights awareness. The one exception is Pul-i-Chsrkhl,
which is basically run and operated under the

Ric Fecteau
TrainerlMentor
KPRT Correctional Component

•
Nov 14, 200 7 EV.OFAlT.OOO10125 t or t
 •
SECRET CEO

•
SARPOZA SITE VISIT
2007-04-17

The esc Component departed the KPRT for Sarpoza Prison under the escort of
Force Protection. Also on the patrol were two engineers from SET, along with
_ Officers, one being from KPRT and the other
WIiOWiiS at the base on business from the Dutch P In enn 0, ruzgan.
The base photographer was also there to update footage for the PRT video clips
on line.

Upon arrival at the facility the patrol splR Into three distinct groups. The engineers
went to take the required measurements and gather what information they
required to advance the Infrastructure projects, primarily the perimeter security
upgrades. The SET engineers discovered that the creek running through the

• facility has now been diverted. This is good news for the engineering team as the
path can be filled in and will eliminate the posslbili of more mines floating into
the facility.

The Trainer/Mentor met with and discussed his recent trip to Kabul.
indicates that some progress is being made at the national level but
that the progress is very slow. The Trainer/Mentor was shown a set of orders or
directions for all prison staff issued by that we would equate to an Inmate
ConstRution. They had been issued via the Central Prison Department and are
now posted on two large boards in an area where ali staff can view them. The
orders are written in both Pashto and Dhari. indicates that he went
over the orders wRh his officers that morning and that all are informed and are
expected to comply with the new policies. The esc Team will try to get a copy
as a follow-up Rem.

•
Nov. 14 , 2007 EVOFAITOOO1.0 126 1 01 3
 •
SECRET CEO

Four parachutes were given to the Logistics Officer courtesy of DND for use •
within the facll~ as shade covers for the mosque areas of the courtyards as per
the QIP. The inmates assisted in stretching out the material and will have to
develop a manner to hang the material appropriately.

While in the cell block a check was made with the Inmates to ensure that all cells
had the crank radios the Team had delivered on March 28". The inmates all
confirmed that they did have radios and that the radios were a welcomed source
of information. A check with the National Security area also confirmed that they
had received both radios and mosque material. Time did not perm~ a check of
whether they had been inventoried on a cell effects list.

The Director and the PRT photographer worked on a video clip to be used on the
PRT web s~e explaining esc's mission and mandate regarding Rule of Law.
Stills were also taken of the contingent.

The remainder of the time was spent giving a brief tour of

the facil~ and vocational area for s~uational awareness and comperative
purposes to the Tirin Kot Prison in Uruzgan. This networ1<ing is important, as one
of the Project Goals in our Strategic Engagement is to establish and maintain a
liaison with international players, specifically citing the Dutch Embassy.
Add~ionally ~ accommodates our direction from Dave Connors on 200H'2-{)9
where he suggested I "consider visiting Dutch PRT. You have been invited and
are expected-suggest you contact Dutch POLAD at KAF. Great chance to see
how they are operating, and will put us in better position to pursue collaboration."

The esc Director and the Canadian and Dutch _spent an hour with _
~o discuss the legal process for admission and discharge of inma~
how and under what autho · inmates are held at Sarpoza Prison. To that end
•
was one
o len officers in all of Afghanistan chosen to go to Turkey for three months of
specialized training in ColTllClions in October 2006. CPO had indicated that
completion of iIlis training would result in extra compensation however that has
not happened to date .

At the outset we were told that the process for sending someone to prison Is not
their responsibil~ and is the decision of ANP HQ. They have a section, which
they referred to as the "discovery section" that we took to meant investigative
branch . There are 72 hours in which to investigate at which point the Attorney
General can send the prisoner to Sarpoza.

There are three types of prisoners that Sarpoza will adm~ to the prison, those
sent by the ANP, those sent by the Attomey General and those sentenced by the

•
Nov, 14. 2007 EV.DFAIT.OOO1 .0126 2 of 3
 •
SECRET CEO

• courts. The Attomey General segment for processing is 2 weeks during which
time the prisoner is at Sarpoza. The documents then go to the court and they in
tum have 3 months to determine gui~. If found gui~ they are sentenced for a
specified period of time.

They stated they recognized the two categories of prisoners, those awaiting court
and those sentenced and the fact that they should be kept separate. They do try
to as much as possible by keeping them in separate cells however this is in the
area of convicted prisoners. They do have an area in the prison for Remand
Prisoners however as the roof is in need of repairs they try to separated them
using specific cells in the criminal section of the prison. esc will need to
address the roof repairs in order to re-open their Remand Centre so as to adhere
to UN Standard #85.

With regards to documentation howed us that all

prisoners admitted were covered by documentation that he referred to as Form
#2. We were shown both the Registration Book, the file with the Form #2
Admission papers and another file with Discharge Orders from the court. A
second fingerprint in the Registration Book confirms that a prisoner has been
discharged. These particular documents were for the National Security prisoners
of which there are currently 136. The A&D process for them is identical to that of
criminal prisoners. When they first took over the prison there had been prisoners
on s~e past their sentencing date but not any more. In order to ensure this they

• have a BF system whereby 1 week prior to a release date the prison contacts the
courts to ensure they complete the necessary documentation for the inmate's
release. The CSC and JAG were both allowed to photograph these documents.

This process was conceived by and implemented at Sarpoza. It was

sent to CPO for their approval and they are now under the impression that the
MoJ is e~s are using this system. This however is not the
case as _ confirmed that Tirin Kot kept no · admission or
discharge papers what so ever.

Inmates wiho have more that a 10 year sentence, high profile security cases,
kidnapping, murder, and drug offenders will serve their sentences at Kabul.
Inmates in the south will serve their term at their provincial prison unless they
present a behavioural problem at which point they are transferred to Sarpoza.

Once all of the mission requirements had been met the patrol was ordered to
hold in place due to an lED detonation elsewhere within the c~. The hold lasted
approximately 35 minutes at which point the patrol was cleared to return to Camp
Nathan Smith. The Team and all of the affiliates were safely retumed to the
KPRT.

Corrections Contingent

•
KPRT

Nov. 14, 2007 EV.DFAIT.OOO1.0126 3013

 SECRET CEO

•
T1RIN KOT MEETING REPORT
2007.(14-17

from the Uruzgan PRT

govemance in RC South. While his primary purpose was to networ1< with_

(UPRT) spent a few days on the base in aid 0 the Rule of Law piece to

JAG Lieutenant Commander CONNOR, esc was able to benefit from his two
visits to Tirm Kot Prison and gave the Director a brief.

This networ1<ing is important, as one of the Project Goals in our Strategic

Engagement Is to establish and maintain a liaison ~h International players,
specifically c~ing the Dutch Embassy. Add~ionally ~ accommodates our direction
from Dave Connors on 2007-02-09 where he suggested I ·consider visiting Dutch
PRT. You have been invited and are expected-suggest you contact Dutch

•
POLAD at KAF. Great chance to see how they are operating, and will put us in
better position to pursue collaboration."

•
Nov. 14 , 2007 EV.DFAIT.OOO 1.0 127 1012
 SECRET CEO

Later In the day and Lieutenant Commander CONNOR went

on the CSC patrol to Sarpoza for sttuational awareness and comparative
purposes to the Tlrin Kot Prison In Uruzgan. The esc Director and the
Canad ian and Dutch _ spent an hour with to discuss the
legal process for admission and discharge of Inmates and how and under what
authority Inmates are held at Sarpoza Prison. The assessment of both was that
Sarpoza kept very good records and tt appeared that all protocols were being
followed.

Wtth regards to documentation

.

showed us that all

prisoners admitted were covered by documentation that he referred to as Form
•
#2. We were shown both the Registration Book, the file with the Form #2
Admission papers and another file with Discharge Orders from the court. A
second fingerprint In the Registration Book confirms that a prisoner has bean
discharged. These particular documents were for the National Security prisoners
of which there are currentiy 136 . The A&D process for them is identical to that of
criminal prisoners. When they first took over the prison there had bean prisoners
on site past their sentencing date but not any more. In order to ensure this they
have a BF system whereby 1 week prior to a release date the prison contacts the
courts to ensure they complete the necessary documentation for the inmate's
release. The esc and JAG were both allowed to photograph these documents.

In the evening _ gave a Rule of Law presentation to CIVPOL,

CSC and the ~ch approach Is identical to that of canadians
and their priorities with regards to RoL have Infrastructure. Personnel and
Training as their 3 pillars. n is fen that any partnerships with the UPRT would
be very beneficial and an invttation was extended for esc to vlstt Tirin Kot in the
future.

•
Nov, 14, 2007 EV.DFAIT.OOO1.0127 2012
 SECRET CEO

•
SARPOZA MEEllNG
INMATE CONSTITUTION AND UTERACY
2007-04-19

On April 19" a delegation from Sarpoza Prison came to the PRT. It consisted of

The first point of the v1stt was to bring in their prison van, which had been
donated by a previous PRT rotation, for an inttial check up and a list for parts.
There are four officers who can work on the vehicles at Sarpoza and their names
will be forwarded to us. The meeting ttseW centered on two issues, that of the

•
Inmate Constitution just posted at the Prison and l tteracy Issues.

INMATE CONSTITUTION
_ explained that this Constttution had been passed 3 years ago by the
CPO and copies are now being sent to the prisons. Sarpoza has one copy In
Pashtu and one in Oharl, which they are willing to share with us for translation. It
explains rights and duties for both inmates and officers. It talks about how, how
an officer should behave and method of work for an officer. It also speaks to how
much freedom an inmate has; fresh air access, family v1stts, the number of
showers per week, how much food they can have and that an inmate of any
religion can offer his prayers.

In this discussion they mentioned the rules spoke about Wan inmate should be
tortured or not. When asked to explain they said that in some of the outer
regions when an inmate has drugs or is using drugs the officers beat them with
sticks. The Inmate Constttution states that this is not acceptable and that there
are other mean In which to deal with such prisoners. The constttution also
speaks to International Human Rights adherence. Once we are able to get an
exact translation we will be able to see exactly what the document states.

When asked if they would like the esc to provide extra copies for posting they
stated this would not work because of the 25% Itteracy rate. Instead the rules will

•
be explained orally every 15 days.

Nov. 14. 200 7 EV.OFAlT OOO1 0128 '~ 2

 SECRET CEO

UTERACY
We were Infonned that there were two teachers,
one for Kindergarten. In discussing the Implementat n 0 a Reraey Program
and
•
they staled a preference for their own staff to provide the training however Rwas
explained that for us to have benchmarks for the program we would need
someone who Is with the Department of Education to deliver training . It was at
this point that they said they had five delegates, from the DoE
who have degrees and can train the staff and Inmates. They will provide us wtth
their names for further follow-up as R is unclear as to whether this Includes the
two teachers in the Weges for these teachers comes from the
DoE.

There is no classroom fumtture and no specified classrooms. They said that for
the Inmates there should be carpets and that for the staff they would use desks
and chairs. R Is hoped that we can Interview the teachers at some point and get
their assessment on LReraey Training and necessary supplies.

Also encouraging Is that requested Human Rights training for his

staff.

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Nov. 14, 2007 EV .DFAIT.OOO1 .0128 2 012
 SECRET CEO

•
NDsMEETING
2007-04-22

JAG Connor and the esc Director held a meeting with NOS official on April 21".

The JAG and esc both explained their mandates and made offers of assistance.
esc also asked for access to their detention area and cells, again with the offer
of training and mentoring to their staff. It was stated we had an understanding of

•
their role, as in our country National Security is very important. We stated that
we knew what he did, that we do the same wor1< and that we appreciate the
sensitivity of the issues and that Canada is open to a wor1<ing relationship.

19 saS
branch of the mil~ary ~ functions as an independent organization with the main
focus to deal with antiilovemment crimes. He stated that he is glad that afler
two years of being in Kandahar that someone has actual contacted him and is
willing to advise and wor1< with them.

A significant amount of the conversation revolved around the prosecutorial

processes regarding NOS cases. They too have a primary, high and Supreme
Court system. While their focus is on Kandahar they also take cases from Zebul
and Uruzgan. The department has two branches; one that looks at what they call
inside/outside security that is terrorism, kidnapping and counterfeiting. The
second branch monitors NOS duties, officers, prisoner cases, logistics and

•
personnel. They have no access to the operational branch of the NOS

Nov. 14 , 2007 EVOFAITOOO1.0 129 1 012

 SECRET CEO

When questioned about DNA they said there is no law to govem this but there is
an intemal rule. The hospital and their lab does the work. There is a directory to
identify dead bodies in Kabul.

Other discussions revolved around the laws used to prosecute Terrorists and the
Law Books used by the Attomey General. There is an Punishment Law dated
1355 and an Interim Code Book that identifies terrorism, 27 articles,

•
Nov, 14. 2007 EV.DFAIT.OOO1 .0129 :2 012
 •
SARPOZA SITE VISIT
2007-114-24

The CSC Component departed the KPRT under the protection of a combination
of Military Police and ger TAC. The patrol was a multi tasking mission and this
report will only deal with the CSC aspect, which was to assess vocational area of
the prison with regards to setting up Inmate classrooms, library, and an area for a
new carpentry program. Team will also look at potential training area to Instruct
officers and staff on slle.

In the Juvenile Unll the Team had the opportunlly to check the school area,
which consisted of a small while board and a cell that has been adopted as a
classroom. It was in need of furnishings, equipment and a fan. FUrnishings

•
should include, but not be Iimlled to, a teecher's desk, student desks or tables, a
while board and mar1<ers. This area is curre~instruct up to 35 students
at one time and is grossly undersized. _ suggested that the wall
separating two cells be demolished and that the entire area be used for
educational purposes. During this time the Team also found out that due to the
heat, an area in the courtyard is currently being used as an outside classroom
and also suggested a whileboard be mounted outside as well.

Juvenile Classes run from 0800-1200 and then again from 1300-1700. Instruction
comes from two different teachers. In the Women 's Unll

-
dedicated to the Loom project sponsored by the Afghan Bureau
Services (ABSS).
0
and is
Social

In the Vocational we were able to sketch a floor plan of the main bulldi~
determine what areas are in use or could be used for training the inmates. _

II was not apparent that II had been

•
used other than the fact there was a chalkboard inside. Having said that we fell II

Nov. 14, 2007 EV .DFAIT.OOO1 .0130 1012

 was not a good practice to bring young children Into that area and may be better
suited for the juveniles.
•

The Team also took the 0

was determined that

Comsctlonal Component
KPRT. Afghanistan

•
Nov. 14, 200 7 EVDFAIT OOO 1.0130 2 012
 •
UNAMA HUMAN RIGHTS MEETING
2007-04-26

esc met with the UNAMA - at the PRT.

Specifically we met with and a national
employee by the name of 0 of the Kandahar
Office and also attend to the other 5 areas In the south. CSC explained their
mission and mandate and the UN proceeded to do.the same.

They have 3 international staff and a sub-office In Oalat. Their office is broken
down into three areas of responsibility, that being Polijical Affairs, Human Rights
and Governance and Development. They have a mandate but no funds. Their

•
mandate is to coordinate the efforts of the UN agencies and their value is in their
expertise . There are a number of UN Agencies co-located in the city but they
operate as separate Units. They try to avoid duplication of effort and to tdentify
gaps in programming.

There are some countrywlde themes: one recent one was arbijrary detention
where there were ad hoc responses and support for the work of the AIHRC. The
nature of their mandates brings them together.

Specific discussion focused on the recent exoneration of the previous Warden of

Sarpoza. MUHAMMAD NADIR was accused and arrested in early 2007 for the
rape or attempted rape of a juvenile prisoner. When the Warden's room was
searched they also found hashish, wine and cosmetics. CSC had been made
aware of this incident when they arrived In theatre in early February.

•
Nov. 14, 2007 EV.DFAIT.OOO 1.0 131 1012
 A Judge by the name of _ apparently tried NADIR in a Military Court. It •
Is not sure why military court as he Is not under the Mol but Is assumed ij was
done because he held a rank even though he falls under the MoJ. The rationale
for exoneration Is that the judge did not see the testimony of juvenile criminals as
etedlble and that ij would be impossible for a drunken man in his 50's to commij
the act of rape. The Provincial Council has condemned the fact thet the case did
not go forward. The UN is targeting this incident as a major HR violation and is
interested as to whether he will be re-instated at Sarpoza or at another prison.
esc will attempt to get information on this matter.

The esc Director also informed the UN that when visiting NDS on April 25'" that
all the prisoners were in shackles and that had been Informed that
this practice was unacceptable.

The UNAMA Corrections Advisor has been Informed of both sijuations noted
above .

The meeting ended with the commitment to keep each other involved on prison
and human rights issues and to the extent possible wor1< on areas of common
interest.

Cort'llCtlons Component Director

•
Unda Garwood-Filbert

•
Nov. 14 , 2007 EV.OFAIT.OOO1 .0131 2012
 '+' ComlcIlonal SeIvIce
Canada
Servloe comlCllonnol
canada

-'-~ .~ . - ,-" '>' ."

Canada
Nov. 14, 2007 EV.OFAIT.OOO1.0132 101 14
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Nov, 14. 2007 EV.DFAIT.OOO1 ,0132 2 of 14
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• 1.
2.
Objective
Reporting
TABLE OF CONTENTS

1
1

3. SituatIon 1
4. Purpose 1
5. Methodology 1

6. Background 2
7. Assessment 2
7.1 National PrIson Retonn Assessment 2
7.1.1 _ ond Rehobilltotlon '" Prlsonl 3
0) Sorpozo ProvIndol PrIson - Kondohor 3
b) "fllhon _ I Police DMmlIon <:en. .- Kondohor 4
c) N _ I 0 1 _ '" 5ealrfty Detention Fodllty - Kondoho r 5
7.1.2 TrIIlnlng 5
7 .1 .3 Admlnl_ Rol'onn 5

• 7.1.4 _mum 5ecurIty unit ot Pul-e-chortd PrlIOIl

7.1.5 Findings - NetIoRliI Prtaon Reform AI• •• ment
7.2
7.2.1
Management of Detainees
Bodcground
6
6
6
5

7.2.2 Current S1tuot1on 7

7.2.3 Detainee Mllnagement Ploce•• 7
7.2.4 Findings - M o _ t '" Detolnees 8
7.3 Detainees and Corrections In South Afghanistan 8
8. Strategic Opportunities 9
8.1 Copoclty Building 9
8 .2 I mpIemontotIon " ' - I 9
e- __
8.3 10

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Nov. 14 , :2007 EV.DFAIT.OOO 1.0 13:2 3 01 14
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Nov. 14 , 2007 EV,OFAIT.OOO1.0132 4 0114
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• CorrectIonal Assessment
Kandahar Province
Afghanistan

1. ObjectIve

In support of the Kandahar ProvIncial RecDnstruclIon T..m (PRn, canada wishes to assess Afghan
detention and correcIIonal capacity and _lop a proposal for potential opportunltles for canadian
Immediate, and Iong·tenn, engagement In building capacity of the detention and corrections system In
Kandahar.

The COneclional Assessment Report will be submllt2d to the Department of Foreign Affairs pursuant to
funding Agreement HSP-D6-on and related Terms of Reference.

3. SItuatIon

In August 2005, canada assumed command of the ProvIncial RecDnstrudlon T..m (PRn Iocatl!d In
Kandahar. In December 2005, canada signed an arrangement establishing procedcres In the event of a
Iransf", of detainees from canadian Forces to Afghan authorities, and relnfordng the commitments of
both participants to meet their obligations under Intematlonal law. The arrangement ~ consistent with
one of canada'sobjecllves In Afghanistan: to support Afghan authorities In strengthening the Instilulional

•
capadlles of the Afghan government canada recccnzes that the Afghan capabilltles In managing
detention facilities are generally adequate but require further development to ensure safe and humane
treatment of detainees .

4. Pu"-
The CorrectIonal 5efvJce of canada, at the request of the Government of canada, conduded an
assessment of the detention and oorrectJons system in Kandahar; confirmed needs relative to the current
state of detention and to the _Iopment of an appropriate correctional service; estimated the <legree of
support from other potential donors and partners; and ldenllfled possible expertise niches where
Canadian assistance could be beneftdal 'and woukj be wek:omed.

5. _ogy
The assessment and plan to strengthen the detentlon and correctlonal system in Kandahar has been
_loped In manner consistent wltl1 the Afghanistan National Development Strategy (ANDs), the
Afghanistan Compact and bendlmarks, the legislative and policy worlt already underwaY In Kabul and In
neighboring provinces by the Afghan Ministry of Justice consultative Working Group on Prisons and
Detention centres under the coordination of the United Natx>nal Assfstance Mlssk>n In Afghanistan
(UNAMA).

Informallon for th~ report was obtained through the review of Government of Afghanistan's strategic
reform cIocuments, current and proposed legislation, In-theatre meetfngs wtth government otndals from
Afghanistan, canada and International coalition partners, oversight and human rights organizations as
well as prison sfte visits.

• 1

Nov. 14 , 2007 EV.DFAIT.OOO10132 501 14

 •
SECRET

The assessment framewol1< Is based on the areas of focus of the Afghanistan Justice for All, a Io-yeor •
Justice 5ector ReIbmI Plan.

6. .-ground
The Implement:Mton d the Bonn Agreement: In Afghanlst!n provided for the estabHshment of an
_ Government and a notional a>nstflutfon. 5ucx:essfu1 presldentllli elections were held In 2004 and a
Notlonol Assembly was established In 2005. The Alllhan NotIonal Development Stli,toll1 (ANDS)
outlines the govemmenrs overall stroteglc reform pion as well as prlorIlIes In three key areas:
I. 5ecurity
2. PoIIt1coI (Human RIghts, GoYemonce , Rule of Low)
3. Economic

In 2006, the Islamic Republic of Afghanistan and the IntemillIonal community signed the Afghan
COmPllCt outlining a shored vision for the future. Part of this vision Is the rehabilitation of the Justice
Infrastructure, which Includes the establishment of functioning institutions and dvIllldmlnlstrotIon _In
the police, prisons and Judldory sectr:>rs In eod1 province, as well as separate prisons for women and
Juveniles by 2010.

In moving towards this gool the Government of Afghanistan established the PrIortty ReIbmI and
Restructuring Process, whose aim Is overall Public Administration Reform. This Process was Instrumental
In recommending that the responsibility for the prisons and detention centers In Afghanistan be
transferred from the Ministry of Interior IXl the Ministry of Justice. This transfer was formally recognized
In May 2005 _ the introducllon of the new PrIsons and Detention M.

The Ministry of Justice outltned a ten-yeor stroteglc refonn pion In their _ for All document
approved by the Afghan Government In 2005. This strategic pion Is consIslenl _ both the Afghan •
Notlonol ile'IeIopment Strategy and the Afghan COmpact. The MlnlslJy of Justice established the
Consult2ltlve Wortdng Group on PrIsons and Detenllon Cenle!s IXl guk:le Implement:Mton of the Initiative In
tour strategic areas d focus:
I. R ~ and Rehabilitation of PrIsons
2. Tl"8lnlng
3. Administrative Reform·
1. Establishment of the MaxImum 5ecurtty Facility at Pul-e-01artd.

Wortdng Groups have been fanned for eod1 area of focus and are dlaired by the Ministry of Justice and
Central Prisons and Detention Cenle!s _ participants from IntemillIonal partnen; Including the
eorrec:t:k>ns AdvIsor to UNAMA. Each sub-group has completed a needs assessment for theirarea and has
deIIeIoped action pions for the achievement of k:lentffled results. Wor1c has begun In many areas.

7. AlII iilent

The assessment pl'OYides the stal1JS of the Afghan Notlonol PrIson Refonn Imple,ne"tatlon as ~ relates IXl
four stroteglc areas of focus and provides a review of the management of detainees prooess.

7.1 National Prison Reform Assessment

The Notlonol PrIson ReIbmI Assessment Is based on the Justice for All key stroteglc areas of focus

2.
outlined above. [t will assess their stal1JS of Implementation _In the prison odmlnlstrotlon In Kandahar.

Nov, 14. 2007 EV.oFAIT,0001.0132 6 of 14

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• 7.1.1 R-..-on and _b1l1tat1on of PrI_

As port of a baseline assessment of the
undertaken.
and _

The second national survey was com

facilities, two national su""'YS have been

I consu ng rm on
n stJy 0 ustlce Afghanistan between December 2005 and January 2006 in order to assist In the
COnsultative Working Group on Prisons and Detention Centers to establish and prioritize re-construdlon
plan for the prison system.

The Altai Assessment Report Indicates that, aport from a few notable """,plions, most prisons In
Afghanistan require changes to bMng them up to Intemalional standards. The Sorpoza prison's exterior
stone wall and covered guard posts are In good condition, but roof repairs are required.througtiout the
prison. EIeclr1dly Is provided by the City grid for up to 10 hoUrs/day however, this Is not reliable due to
damages. The re also notes that the ison requires additional vehlc:les to transport prisoners In
order to avoid Women and juvenile are housed In separate compounds.

The Sub-Commltlee on Reconstruction and Rehabilitallon of Prisons of the COnsultative Wortdng Group
on Prisons and Detention centers Indicated that reconstruction eIIorls nationally were slower than
anticipated due to ~ of funding from donor counbies committed to ccrrecscos. capital funds are

•
generally easier oommltted to development projects such as schools and hospitals.

0) Sorpoza ProvIncial PrIaon - Kandahar

_llve
on July 29 2006, a site V/s~ was oompleted at the serpcza PMson (Kandahar Provincial PMson) by
esc's
Ms. Leblanc
Therese LeBlanc. sarpoza Prison Is Iocall!d In the outskirts of Kandahar City.
the COmmanda Mohammed Nadir All an overview of her mandate and

_ of the Sorpoza PrIson, appolnll!d approximately 18 months ago, arTfved shortly aftEr a
disturbance at the Prison which saw 10 inmates escape, one Inmate klllecl and one staff member
Injured. He was well-Informed of the wort< being done at the national level In regards to
reconstruction, training and admln_ refonn, however, he Indicated that much of the good
wort< being done at the national level Is not reaching Kandahar due to costs and security Issues In
the province.

Sorpoza Prison Is a multi-level security regional facll~ with a capacity for 2000 offenders however,
many cells are not operational. The prison has been receMng prisoner.; from adjacent provinces,
Indudlng Uruzgan and Helmand, due to the state disrepair and/or 1ad< of capacity In the provincial
In_ns of these provinces. The PrIson Director explained the dally roullne and Indlcall!d nles
are available for each inmate.

Transfers are the authority of the Prison rnrector, hosever, It was not possI~ 10 get the details of
the transfer process and cr1leMa. Pol_I pnscoers (detainees) who pose a 5eOJrIty threat are

•
transferred to the Pul-e-charld PMson In Kabul.
3

Nov. 14, 2007 EV .OFAIT.OOO1 .0132 7 of 14

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In July 2006, 5arpoza had a populollon of 748 Inmates, oonsIstIng of four distinct populotlons •
housed within four separate mmpounds:
o Women- 11 (34 children)
o Juveniles - 120
o MoIe-120
o PoIItlcoI prisoners (detainees) -197

The cells house on average 10 Inmateswith no fumlbJre or running water, only bosIc eIectrtdty for
lighting (bore wires were often seen In the cells), and minimal heating (heating Is OJnenUy
provided with an element ottoched to the wall of each cell). WatEr SOUrte5 are located In the

central
= =ii , oourt yartls
lc-,=i<l09J adllties aIqogT:----::i~--::
-and a prayer area~
of each mmpound ·-~-:-:a:od=J;:atO~"":Jlld~:IIties:
. 3'~-ex:-:erd~-~. .~"';.i~'
.... !.:]
[ are appniXlmati!l'l
ng - on uty during a 21 hour period.

InfrastnJclure repairs have been completed by both the AmerIcan and Canadian Fora!s from the
PRT. The United StItes mmpleted wor1< on the perimeter wall to ensure sec:urtly, endosed two
guard towers, replaced the main gate, mndueted some electrical wort, repaired the stllfI' dining
area (however there Is no fumlbJre), upgraded the k!tdleil, storage and shower areas, upgraded
the medical area and the juvenile section, provided ill mosque area for sblff, constructed two
voeat1onal buildings for juvenile and women offenders (however there Is no eqUipment or stllfI' to
operate the vocational buildings) and new bathroom facilities In the voc:atIonal area. The Canadians
have replaced the main pump for the reservoir (which needs to be replaced due to
power surges), suppUed running water to the staff dining area, added 8 showers with hot: water to
da..-
from

the women's htdllty, provided water to the IMrlne area and ill vehicle for transporting Inmates to
hospItol, oourls and for transfers to _ facilities.

The 5arpoza Prison _reiterated future InfrastnJclure and eqUipment needs, which have been •
addressed In a IetIer to the PRT In early August 2006. These needs Include: cell wiring, cell doors
and windows, repairs to the cells walls; furniture
for the staff dining area, fans, new floortng and cooking equipment; ill new submersi~ pump for
drinking water, 2 add-.I prisonertransportation vehldes, medicines for the Infirmary and dentlst
dlnlcs, roof repairs for the winter, basic voc:atkmal training equipment for such things as tailoring,
metal works, bartering and carpentry;

b) Afghan _ I Police _ _ eem-. leanclllhar

The Afghan Natfonal Police Regional DetI!ntlon Center In Kandahar Oty houses approximately 100
Inmates. Indlvtduals charged with aimlnal offences are detained at the facility, awaiting the
mmpletion of the Investigation Into their alleged almlnal behavior and court prooeedlngs. If
convicted, inmates are transferred to provincial prisons such as Sarpoza and Puf..e-01artd.

Inmates are housed 10 to 15 per cell and the physical lni'nlstructure Is badly In need of repairs.
They have overoowdlng Issues which will likely Increase with SUCX2SSfu1 coalition operations. The
facility offers only basic amenities In regartls to food, sheller, water and sanitation. No
reconstrudlon eIforts seem to be underway.
outlined pressing needs In the areas

1.
ng directly with prisoners and police

Nov. 14, 2007 EV.DFAIT.OOO1.0132 8 or 14

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• c) NatIonal D1rec:lDn1te of Seall1ty Detention Fodllty - Kandahar

The NotIonal Olrectorote of Security (NOS) also operates detention facilities In I!le KlIndahar region
for pre-trlal detention of Individual accused of crimes against I!le security of I!le CDUnby
(detainees). No Infrastructure assessment was rompleled as ~ was not possible to vtsIl their
facilities.

7.1.2 Training

WItl1 I!le adoption of I!le new Law on Prison and oetentJon (;enlr!rs, national training programs have
been developed for I!le Central Prison Department staff to familiarize I!lem with I!le new legislation as
well as human rights legislation. Training Is also being developed for front-line a>rreclIonal otllcers and
prison admlnlst:r8tDrs through the work. of the sub-qroup of the Consultatfve committee for Prisons and
Detention Cenler.;. Some of I!le training Is laking place at Pul-e-01arkl Prison In KlIbul, a section of
whJch Is designated as the National Training center. The plan Is to extend the training to the other
provinces In the near future as soon as the training development Is completed. The seaJrity and ftnancial
difficulties experienced In I!le southern provinces have precluded some of I!le training reaching I!le
provincial prisons In that area.

~ the SOIjlOZa ProvIncial Prison advised that his staff had received I!le training on I!le new
legislation and human rights, however no statistics were available to conflnn the number of staff trained
and no evidence that training Is being applied In I!le day-lD-<lay operations.

7.1.3 Administrative Rel'onn

• The Central Prison Department has offIdally been tran_ from I!le Mlnlsby of Interior to I!le Mlnlsby
of Justice nationally, Including In the Kandahar province. The national Sub-Group on Admlnfstr8ttVe
Reform Is focusing on establishing an organizational and policy structure for I!le Central Prisons
Department, a ecce of conduct as well as rules and procedures tor the appointment, remuneration,
promotion, discipline and transfer of staff. This work Is conducted In accordance w~ the PrIority
Restructuring and Reform (PRR) _ . Key activIlIes In this area are I!le rompletlon of abase-line
assessment of current administration, the development of an organizational and rank structure, the
development of policies and regulations consistent wtth the new legislation as well as national and
Internalional standards for I!le proleclIon of human rights and treatment of prisoners. WO!1< will also
focus on establishing a process to ensure that personnel management func.tlons are In acoordance with
I!le Public 5e!v1ce admlnlstrallve procedures. At this time, much of this work Is In I!le developmenlal
stage and waiting for ap~ national level but will need to be 1m In the ProvInce d
Kandahar. For example, _ _ of Sarpoza Prison Indicated that

7.1.4 MaxImum 5ealrity Unit at PuI-e-Charld PrIson

Pul-e-01arkl Provincial PrIson, located outside of KlIbul, Is a multHevel security facil~ housing four
populations: female and male criminal offender.;, Juveniles and polltlcal ~ (detainees). It
currently houses 2400 Inmates including 58 children w~ their mothers. This facil~ rea;ves, from other
provinces, detainees who are sentenced to more than ten years (some Information Indk:ates more than 5
years) or who are considered a security threat.

•
S

Nov. 14, 2007 EVDFAITOOO1.0 132 9 01 14

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Pul-e-Olartd Is considered one of tile better prison fodl_ In tile country In reganis to Its Infrastructure •
and a sedIon has been designated as tile National T..lnlng center for tile central ~_ . <tment.
TheJour _n _ ulatlons are}lek:lln rate compounds. There are, on average) _
BasIc eIeclr1dty Is found In tile cells bUl"iiO'ii n
<DU areas each compound along wtth shower and latrine facilities.
The new rnaxlmu~rily un~ for drug oIIeooe.., funded by coalition countries Indudlng Canada, Is
under-constnJ<:llon.and-ls- -to In tile fall. This fodllty Is expected to hold up to 100 Inmates
The construction Is similar to NoIth Ameri"," sl3ndanis.

7.1.5 Flncllnp- NdonaI PrIson Reform ~•••• ment

1. Additional Infrastructure work Is advised for tile Sarpoza ProYtndal Prison and tile Afghan National
Police DetentIon center In Kandahar.
2. Rnandal support from donor countries continues to be a challenge and Is impacting tile pace of •
reconstruellon In tile prison _ .
3. NatIonal training prog rams are being dev<!1oped and Implemented by tile Consultllllve Canmlttee on
PrIsonS and DelentIon centers for front-line prison staff and prison administrators.
4. Training programs developed at the national IeYeI are not reaching prison staff and administrators In
tile Kandahar Ion due to tile seal sltuallon and ftnandaillmltatlons.
5. which ..Ises concerns about tile
possibility of corrupllon.
6. Additional training Is needed for tile Afghan naIlonal police fronHine sl3ff, investlgalo<y staff and
prosecutorial sl3ff.
7. BasIc equlpmenlls needed at tile ProYtndal prison for sl3ff.
8. Administrative Reform continues at tile naIlonalleYet, however, implementation will be dlfllcu~ in tile
Kandahar region due to securtty Issues, training reqUirements, eqUipment needs.
9. The Drug Un~ at Pul-e-Olarld should be opOralIonalln 2006.

7.2 Management of Detainees

7.2.1 IIIIcklIrvund

In December 2005, Canada signed an anangemen! with tile Afghan g<M!n1menl establishing procedures
In tile event of a transfer of deIlIlnees from Canadian Fora!s to Afghan authorftleS, and relnfordng tile
commitments of both partk:lpants to meet their obl5gations under Intemationallaw. The ammgement Is
consistent with one of Canada's objectives In Afghanistan: to support Afghan authorftles In strengthening
tile Institutional capacities of tile Afghan government. Canada recognizes that tile Afghan capabll_ In

•
managing detention fodl_ are generally adequate but require further development.
6

Nov, 14, 2007 EV.DFAIT.OOO1.0132 10 0114

 '. SECRET

u I
=-
7.2.2 Current Situation

CUrrent policy allows the Canadian Forces III detain offenders fur up III 96 hours, however the basic
approach Is to act: In support of the Afghan who carry out the detention. When Canadian Forces detzlin an

•
Individual, the elm Is to release within 96 hours or to transfer the detainee to the Afghan authorttles at
the earliest opportunities.

F<>IlowIng the signing of the detainee arrangement between Canada and Afghanistan, the Canadian
Forces established a temporary detention fadilly at the Kandahar Air Base (KAF). A site visit was
conducted and Interviews were completed with Canadian Forces staff and documentation was reviewed.
The temporary detention fadilly with a capacity of 10 detainees Is located In a secured compound with
24-hour observation. While at the detention facility, detainees live in a tent and have aa:ess to a small
outside area, food, water, medical care and a prayer area. Procedures have been deveklped regarding
admissions, identification, effects management, treatment, Information gatherlng and sharing, notification
and transfer III Afghan authorities.

7.2.3 Detainee Management P.UCIIII

During an operation, the Canadian Forces On-Scene Commander has the autl1or1ty III transfer captured
Indlvlduals III the Afghan National Army (ANA) or the Afghan NatIonal PoIIoe (ANP) or transport them to
the Canadian Forces temporary detention fadilly at KAF.

Upon arrival at the Canadian temporary detention fadilly, the detainee Is assessed by Canadian medical
staff and provided the same care as Canadians as required. Once cleared by the medical ofIIdals, the
detainee Is taken III the temporary detention fadilly where the admisslon/facl finding process takes
place. Angerprlnls, photographs and a DNA sample are taken, a detainee number Is assigned and a file
is created. The Individual is seardled, his personal effects are tagged and bagged In his presence, and
he is provided with coveralls and footwear. The detainee Is IntervJewecl tIl obtain basic personal
lnfonnatlon such as name, father's name, home area, etc. Detention facility staff collect: observation

• 7

Nov, 14, 2007 EV.DFAIT.OOO1.0132 11 of 14

 SECRET ·'
reports from the canadian fora!s members who parlldpated In the arrest This normally Includes •
1 _ regarding the draJmstanas of the arrest, the location of the arrest, the role of the detainee
In the operations and the reasons for the detentlon. They also follow up wtth Individual canadian Forces
members Wthey require addltlonallnformallon.

The canadian Milltiory Investigation branch Is _ and they CXlnduet follow up Interviews to determine
Wthe Individual was Involved In aimlnal or Insurgency aclIvItles. If Insurgency aclIvItles are suspected.
an assessment Is CXlndueted to determine the detainee security requirements. following this preliminary
fact·findlng phase, the Afghan National OlreclDlate of 5ecurlty (NOS), responsible for the Investigation
and prosecution of Insurgents, Is CDI1tacted and the 1 _ gathered by the canadian Forces Is
provided. The NOS CXlnducts a brief review of the fads and advises the canadian Forces Wthey are a
PO""" of Interest regarding national security, therefore to be transferTed to NOS cuslDdy. If ~ Is
believed the Individual was Involved In aimlnal adMty, the NOS advises the canadian Forces to transfer
the Individual to the ANA responsible for the Investigation and prcsecufun of aimlnal aclIvItles. It Is
also possible that, following the Canadian and NOS preliminary investigations, It Is detennlned the
individual was not invotved in either criminal or Insurgency actMtIes. In this case he is released back to
his family.

Upon transfer, the appropriate Afghan authority Is provided wtth a CXlPY of all 1 _ and a
notification of the transfer Is provided to the canadian Embassy who notifies the [CRe.

At the time of this visit, the Afghan Government was

reviewing a draft protIXQI for the management of detainees.

7 .2.4 Flndl",. - Management of DetaI_

r. canadian Forces ha'" established a sound proa!SS wtth regards to the treatrnen~ Informatlon
CDIIec.tfon and sharing, and transfer to Afghan author1ties d captured IndMduals.
2. Detllinees suspected of Insurgent aclIvItles are transferred to the Afghan NatIonal Directorate of
5ecurlty.
•
3. The NatIonal Directorate of 5ecurlty operates pre-tr1a1 detention fadlltles In Kandahar (no site visit
was possible).
4. Individuals suspected of Insurgent aclIvItles are prosecuted through a separate court proa!SS than
Individuals suspected of atmlnal activities.
6. The Afghan Government Is aJnrently de1IeIoplng a new
detention of Individuals suspected of Insurgent aclIvItles.
pi_ .
S. The NOS court precess has three.levels: one at the _ I level, two at the national level.
for the admln_ review and

7. Individuals corMcted of Insurgent aetIvfties are housed at the Sarpoza and Pul-e-Olarkl provincial
prisons depending on the value, security risk and length of sentence.

7.3 Detalnes and Corrections In South Afghanistan

The UK (Helmand province) and the Netherlands (Uruzgan province) also _ arrangements wtth the
Afghan Government wtth regards to the transfer of detainees. Opportunities exist for oooperatiYe
parmer.hlp measures wtth these and other national governments. Opportunities could range from
a>ordlnated slrat2g1c planning to ensure consistency of direction and support of the national goYemment
to direct I_-partner operational ~ In CXXTeClIonaI operations capadty building In South
Afghanistan. The nature of this oooperation would depend on the approach token by partners In relation •
to prison atrallS. 8

Nov 14,2007 EV.OFAlT.OOO10132 120114

 - - -- - - - - - , .. .

'. SECRET

• eo Sb.teglc~_

The rNtionshlp between 0 functioning prison , detention, police 000 Judldal system In tenns d the
establishment d the Rule d Law has been dernonstrllted as essential In previous peace support
operations 000 Is the fourdotion for the respect d human rights I e g _ both nationally 000
Inl2matIonally.

1.1 Copodty IuIld1ng

security a>nsIdeo atlons continue to Impose severe ccnstralnts on the possIbllltles for ~ 000 t
Is not expected to sJgnlftcanUy Improve In the near Mure. There are, however, action opportunItieS which
CDUId lead to early Improvement In the situation whlIe at the same time laying the basis for longer term
_ should that prove feasible.

There Is at oil _ d prison operations on opportunity for tra ining In basic: security operations, prisoner
management, 000 for the _ d the ClOlla!ptS d the primacy d the ",Ie d law 000 respect for
human rights relative to delention. In many cases, this CDUId be aa:cmpIlshed by Implemeiltlil9 the
national tra ining stardonls that have been deYeIoped by the central Prison Department.

There Is the possibility d esta blishing on Intl!glated Justice Training Center at the Kandahar PIIT bose
whidl CDUId address the fundamental training needs d the police, prisons, 000 possibly judIdaI sector.
In some respects, there Is overlap in training requlremeuts lImong parts of the justice sector. For
example, both police 000 prisons """""net ""luire training In arrest 000 a>ntroI functions. An Integlated
Justice Tralnlng center would take advantage d these synergies, 000 provtde the most etIIdent response
to justice sector tra ining needs.

• Costs have not been determined for the construction d such 0 Q!!1ter, but they ore not expected to be
s1gntncant. As security condItiOnS permit, training eventually could be conducted In Kandahar at
operational Justice units. emphasis would be peced on extending the outhority d the central Prison
Department through the proYIsIon of nationaltraining OJrr1cu1a 000 programs.

Apart from Initial training, much effort Is required to mentor and support st2Iff In the Integration and 00-
the-job utilization of new skills. This must occur on site at sarpoza prison, and Is essential to avoid
wasting the Investment of Initial balnlng efforts.

. Additionally, ~ Is likely that the most Important changes will be brought obout by dealing with prison staff
Instead d foaJslng on Infrastructure lmprcvernent. It Is recogn~ed, however, that Infrastructure
cleveklpment Is required and that some donors are more Interested In intervening In this domain. Local
offidals require assistZlnce and support In managing such efforts, beginning wfth needs IdentIf'Ication and
continuing through implementation phases.

8.2 Implemelitatlon Pr~.1

In~tlon of such 0 program CDUId be acx:cmpllshed with 0 teem d 4: two trainers who would be highly
experienced, expert, correctional staff, capable d delivering training to front~lne staff; one member who
would focus on In-prison mentDrtng and torlow-up to the Initial training; and one member who WCM,Jk:I
complement 000 extend the mentoring pll"ess (focusi ng on the DlredlJr d Sarpoza), provtde the
primary linkage to central PrIson Department Headquarters 000 UNAMA to ensure consIslency with
national direction, and serve asa team leader.

•
9

Nov . 14.2007 EV.OFAIT 0001 0 132 13 of 14

 SECRET
.'

8.3

Rnondal estimatEs fer the

and would depend to a
~n
"'Ill<'
01 the Inb!grolEd Justlce Training centl!r have not been compiled,
extent on the extent 01 DND Involvement
•
Inltlal CXlSl: of the team Is _ at .pproxlmnoly $I.265M per year, Incluslve 01 project
management.

10 •

Nov. 14 , 200 7 EV,OFAIT.OOO1.0132 14 0114

 •
PROUDFOOT Douglas Scott ·FTAG-C4

tt 0:
Cc:
mo
nt:
BUCK Kerry -FTAG -C,
April 24, 2007 3:46 PM
KANDH -C4R
MULRONEY David -DMA -<;4; SWORDS Colleen -IFM -<;4; POUPART Isabelle -loR--C4;
LAPORTE Eric -lOR -<;4; PROUDFOOT Douglas Scott -FTAG --C4; KABUL -HOM -e4R;
KABUL -GR -C4R; KANDH -KAF -C4R; NDHQ +CEFCOM J9 -C4R: NDHQ OTT ADM (POL)
-C4: ANDERSON Cory-FTAG -C4
Subject: RE: Detainees: Access to NOS facilities

SECRET CEO

Pleased that NOS will provide prompt access to the Kandahar NOS facilities.
lliiii,Please advise if you encounter difficulties in getting confirmed access within the next 24 hours.

This remains an immediate priority for Ottawa . Context of the visit is to take NOS up on their offer to visit NOS detention
cells. Offer was made April 21 in meeting between JAG Connor and CSC Director. Primary goal is to establish that
access to NOS detention cells is possible. Secondary goal is to assess , to the extent possible, quality of the general
treatment of and conditions for prisoners as per normal CSC assessments during prison visits. The visit is not/not
intended to be an investigation. DFAIT lead would be appropriate at this stage.

Have spoken to CEFCOMlDuschner regarding context and purpose of visit.

~riglnal Message--
From; KANDH-e.4R
Sent: April 24, 2007 2:17 PM
To: ANDERSONCory -FTAG-e.4
c« MULRONEY Davkl -QMA. -ce BUCK Kerry -FTAG -e4 : SWORDS Colleen -IFM -e4 ; POUPART Isabelle -lOR -e.4;LAPORTE Eric
-lOR-ce PROUDFOOTDouglas Scott -FTAG -e4 ; KABUL -HOM -e4R: KABUL -GR -e4R : KANDH -KAF -e4R

•
Subjec:t: Detainees: Access to NOS facilities
Importanc::e: High

SECRET CEO

Please pass to: KAF/Lafiamme

1. Have spoken to the Governor who has made a commitment that we will be rom t access to the NOS
facilities in Kandahar deemed this the channel
that would get the fastest resu ts . e as e t at he con ern timing or sue a VISit as soon as possible, but we have
not yet been offered a slot- the NOS are apparenUy seeking authorization from NOS Chief Saleh in Kabul , and as
KABUL noted Saleh is not currently available. We are therefore not yet In a position to conflrm a time tor the
visit.

2. Understand from JTF-A that DND has some reservations about conclucting a visit tomorrow; if Ottawa thinking on
the immediate importance of such a visit has evolved , please advise.

3. For any such visit grateful you clarify:

~ goal of the visit- fact finding mission? facilities inspection? interviews with prisoners? first step in investigation?
This will determine the composition of the team that we send .
- who should take the lead on the visit? (CSC have the expertise, but no mandate to engage in monitoring; taking
on a monitoring role would undermine the relationship they need for effective mentoring, so they may not be the ideal
choice)
• the nature of report you would expect.

KANDHlBuchan

Consults: LCol Chamberlain, PRT LEGAD

• --Original Message--
From:
Sent:
To:
KABUL·GR-G4R
A4>ri1 24. 2007 9:01 PM
ANDERSONCory-FTAG-G4
1

Nov. 14, 2007 EV .DFAIT.OOO1 .01 33 1016

 •

•
Nov. 14, 2007 EVDFAITOOO 1.0 133 2 016
 Cc: MULRONEY David -DMA..c4: BUCK Kerry -FTAG -ce SWORDS Colleen -IFM -ce
POUPART Isabelle -lOR -C4; LAPORTE Eric
-lo R.c4; KANDH -e4R: PROUDFOOT Douglas Sco tt ·FlAG -ce
KABUL -HOM -e4R: KABUL -oR-e4R
SUbject: RE: Detainees: Urgent NOS Demarche

•
lmport.anc;e: High

Have spoken to t NOS, with whom we outlined (in brief) our

concerns, and requested an urgent meeting with NOS. aid that NOS chief Amrul1ah Saleh, who arrived
back in country today, is not available tonight (it is alrea ~ ) but that we could very likely get a m,.ee.liiing
•••
tomorrow. If Saleh for whatever reason is not available ,_promises a meeting instead with NOS.

2. We could also probably meet tomorrow with Karzai's chief of staff OrnerDaoudzai and,
possibly also Karzai himself. Pis let us know if you wish us to pursue that option.

Colvin

----Qrigina l Messa9--
From : ANDERSON Col'y -FlAG-e4
sent: April 24, 2007 11:15 AM
To: KABUl-GR .c4R; KABUL ·HOM -e4 R
Cc: MULRONEY David·DMA -e4 : BUCKKerry·FTAG -e4: SWORDS Colleen -IFM -ce POUPARTIsabelle ·IOR -e4: lAPORTE Eric
·IDR -ce KANOH -e4R: PROUDFOOT Douglas SCott·FTAG-e4
Subject: Detainees : Urgent NOS Demarct1e
Importance: High

SECRET

•
Globe & Mail articles of today re: detainees inserted below. As discussed, grateful you make formal
demarche with the NDS

• 2

Nov. 14, 2007 EVOFAITOOO 1.0133 3016

 •

•
Nov. 14 , 2007 EV.OFAIT.OOO1 .0133 4 016
 •
Drafted: Anderson

•
Consulted: Proudfoot
Approved: Buck

• 3

Nov. 14, 2007 EV.OFAIT.OOO1 .0133 5016

 •

•
Nov. 14, 2007 EV.DFATT.OOO1.0133 6 0f6
 PROUDFOOT Douglas Scott ·FlAG·C4

~:
~t:
KABUL -GR -C4R
April 25. 2007 4:25 AM
KANDH -C4R; BUCK Kerry -FTAG -C4
Cc: MULRONEY David -DMA -C4; SWORDS Colleen -IFM -C4; POUPART Isabelle -IDR-C4;
LAPORTE Eric -lOR -C4 ; PROUDFOOT Douglas Scott -FTAG -C4; KABUL -HOM -C4R;
KANDH -KAF -C4R ; NDHQ +CEFCOM J9 -C4R ; NDHQ OTT ADM (POL) -C4; ANDERSON
Cory -FTAG -C4 ; COOTER Chris -BNATO -GR-C4
Subject: RE: KANOHOO25 - Detainees: Access to NOS facilities

SECRET CEO

Saleh today confirmed that Kandahar PRT would today be given access to NOS facility in Kandahar, though Saleh thought
it would be at 1400 not 1600. Colvin

--Original Message--
From: KANDH .c4R
sent: April 25, 2007 4:03 AM
To: BUCK K8fTY -FTAG.c4
Cc: MULRONEY David -DMA -c4: SWORDS Colleen -lFM -ce PQUPART Isabelle · IDR -C4; lAPORTE Eric -lOR -C4: PROUDFOOT
Douglas Scott -FTAG -c4: KABUL -HOM -C4R: KABUL -GR -C4R: KANDH..f<AF .c4R; NDHQ +CEFCOM J9 -C4R: NDHQ
on ADM (POL) -C4: ANDERSON Cory -FTAG -ce COOTER Chris -BNATO -GR-e4
SUbjKt: KANDH0025 · Detainees: Access to NOS faclIities

SECRET CEO

1. Have set today at 1600 for access to NOS facilities (though this being Kandahar, there is still plenty of scope for
things to go awry). Party will be led by oFAIT with CSC , PRT Legal Advisor and Military Police in support. Will report
soonest on conclusion of visit.

• 2. Have fixed tomorrow (Thursday) for a meeting with Kandahar Afghan Independent Human Rights Commission
Director Engineer Noorzai.

3. Understand General Grant has a 1300 mtg today with Kandahar NOS

KANoHlBuchan

-original Message---
From: BUCK Kerty -FTAG-e4
sent: AprlI25 ,2oo712:16AM
To: KANDH -G4R
Cc: MULRONE Y David -DMA -ce -ce
SWORDS Colleen -IFM -G4: POUPART Isabelle -lOR lAPORTE Eric -lOR -C4; PROUDFOOT
Douglas Scott -FTAG -G4: KABUl-HOM -C4R: KABUL -GR -e4R; KANDH -KAF -e4R: NDHQ +CEFCOM J9 -G4R:
NOHQ on ADM (POL) -e4; ANDERSON Cory -FTAG -e4
Subject: RE: Detainees: Access to NOS facilities

SECRET CEO

Pleased that NOS will provide prompt access to the Kandahar NOS facilities.
Please advise if you encounter difficulties in getting confirmed access within the next 24 hours.

This remains an immediate priority for Ottawa. Context of the visit is to take NOS up on their offer to visit NOS
detention cells . Offer was made April 21 in meeting between JAG Connor and CSC Director. Primary goal is to
establish that access to NOS detention cells is possible. Secondary goal is to assess, to the extent possible,
quality of the general treatment of and conditions for prisoners as per normal CSC assessments during prison
visits . The visit is noVnot intended to be an investigation. oFAIT lead would be appropriate at this stage.

•
Have spoken to CEFCOMlDuschner regarding context and purpose of visit.

-Qriglnal Messag&--
From: KANOH -C4R
sent: April 24, 2007 2:17 PM

Nov. 14, 2007 EVOFAIT.OOO1 0134 1013

 To: ANDERSON Cory -FTAG.c4
ce: MULRONEY David -DMA..c4; BUCK Kerry ·FTAG -01 : SWORDS coueeo ·IFM -04: POUPART Isabelle ·IOR -C4; lAPORTE Eric
-lOR -ce
PROUDFOOT Douglas Scott · FTAG -ce
KABUL -HOM -c4R; KABUL·GR -e4R; KANDH ·KAF -e4R

•
Subfect: Detainees: Access to NOS facilities
knportanc.: High

SECRET CEO

Please pass to: KAF/LafI~mme

1. Have spoken to the Go access to the

NOS facilities in Kandaha so we deemed
this the channel that would get the fastest results). We asked that he confirm timingfor such a visit as 500n
as possible, but we have not yet been offered a 5101-the NOS are apparently seeking authorization from NOS
Chief Saleh in Kabul, and as KABUL noted Saleh is not currently available. We are therefore not yet In a
position to conflnn a time for the visit.

2. Understand from JTF-A that DND has some reservations about conducting a visit tomorrow; if Ottawa
thinking on the immediate importance of such a visit has evolved, please advise.

3. For any such visit grateful you clarify:

- goal of the visit- fact finding mission? facilities inspection? interviews with prisoners? first step in
investigation? This will determine the composition of the team that we send .
- who should take the lead on the visit? (CSC have the expertise, but no mandate to engage in
monitoring; tak ing on a monitoring role would undermine the relationship they need for effective mentoring, so
they may not be the ideal choice)
- the nature of report you would expect.

KANOHIBuchan

Consults: LCol Chamberlain, PRT lEGAO

-original Message-
From: KABUL -GR-e4R
sent: April 24 , 2007 9:01 PM
To : ANDERSON Cory -FTAG-c4
Cc : MULRONEY Davld.oMA -ce BUCK Kerry -FTAG -C4; SWORDS Colleen -IFM-ce POUPART Isabelle -lOR
-C4; LAPORTE Eric -lOR -C4; KANDH -C4R: PROUDFOOT Douglas SCott-FTAG -ce KABUL -HOM -C4R:
KABUL -GR -C4R
SubtKt: RE: Detainees: Urgent NOS Demarc:tle
lmpoftll~: High

Have spoken to at NOS, with whom we outlined (in brief)

our concerns, and requested an urgent meeting with NOS. said that NOS chief Amrullah Saleh,
who arrived back in country today, is not available tonight (i IS a read y ~ but that we could very likely
get a meetln tomorrow. If Saleh for whatever reason is not available, _promises a meeting instead
with NOS

2. We could also probably meet tomorrow with Karzai's chief of staff Orner Oaoudzaj and,
_POSSibly also Karzai himself. Pis let us know if you wish us to pursue that option.

Colvin

--Qrlginal Messaglr-
From: ANDERSON Cory -FTAG -e4
sent: April 24 , 2007 11:15 AM

•
To : KABUL -GR -C4R: KABUL -HOM -C4R
Cc: MULRONEY Davkl .oMA -C4; BUCK Keny -FTAG -C4 ; SWORDS Colleen -lFM -C4: PQUPART Isabelle
-ce
-lOR -C4: lAPORTE Eric -lOR KANDH -C4R: PROUDFOOT Dougla s Scott -FTAG-c4
Subject: Detalnees: Urgent NOS Demarche
Importence: H~
,
Nov. 14 , 2007 EV.DFAIT.OOO10134 2 of 3
 SECRET

• Globe & Mail articles of today re: detainees inserted below. As discussed, grateful youmake
formal demarche with the NOS

• Drafted: Anderson
Consulted: Proudfoot
Approved: Buck

• 3

Nov. 14 , 2007 EVDFAITOOO1.0 134 3 013

 •
·. . SECR ET CEO
2007.06.20
Rev.9.1 NOT APPROVED

POST TRANSFER FOLLOW-UP MEASURES FOR DETAINEES TRANSFERRED BY THE CANADIAN

FORCES IN AFGHAN ISTAN •

STANDARD OPERATING PROCEDURES

I. INTBOP UCT1ON

1. The Standard Operating Procedures (SOPS) articulated in this document are intended to provide guidance on
the conduct of post-transfer follow-up activities by the Govemment of Canada with respect to detainees
transferred by the Canadian Forces in Afghanistan pursuantto the December 18, 2005 Arrangement concluded
between Canada and AfghanIstan and the supplement to that Arrange ment concluded on May 3, 2007. W ith a
view to improve their implementation, the SOPs will be regularty updated based on practical experience and
lessons identified. As such , the SOPs should be viewed as part of an iterative process which can be adjusted to
respond to new requ irements as required .
2. While these SOPS focus on the specific context of post-transfer f~p measures , the considerations
mentioned herein will also provide usefu l guidance to those charged with the decis k)n to transfer detainees .

II. ROLES ANP RESPONSIBILm ES OF AFGHAN GQVERNMENT AUTHORmES ANp INST!!UT!ONS

3. The Government of Afghanistan, as stipulated in the January 2006 Afghanistan Compact, Is committed to the
protection and promotion of rights provided for in the Afghan constitution and under applicable International law,
including the international human rights covenants and other instruments to which Afghanistan is a party.

4. One of Canada's roles in Afghanistan is to assist the democratically elected Government of Afghanistan to
build indigenous justice and security sector capabilities. For this reason, Canadian post-transfer follow-up
activities are meant to complement existing and future Afghan capabilities to monitor the conditions of detention
of individuals transferred by the Canadian forces. This includes recognrtion of and a desire to support the
Afghanistan Independent Human Rights Commission's (AIHRC) constitutional role to condud national human
rights monitoring and to investigate human rights violations when these occur.

III. ROLE OF AWES ANP INIERNAT10NAL PARTNERS

5. The Government of Canada, in the implementation of these SOPS, will conti1uoustyexplore opportunities for
joint or collaborative measures and activities with Allies and international partnersengaged in strengthening
Afghan capacities to ensure humane treatment, monitoringand tracking of detainees.

IV. COMPLEMENTARY CANADIAN ROLES ANP RESPONSIBILITIES

6. The Canadian Forces are responsible for the detention of individuals captured during the course of operations
in Afghanistan. In this respect, the SOPs articulated in this document are not intended to replace existing
Canadian Forces procedures pursuant to Joint Task Force- Afghanistan (JTF-AFG) Theatre Standing Order
(TOO) 321: Detention of Afghan Nationals and Other Persons.

7. The Department of Foreign Affa irs and International Trade (DFAIT) will be responsiblefor post-transfer follow-
up of detainees transferred by the Canadian Forces.

8. DFAIT will regular1y share with the Canadian Forces its reports regarding the conditions of the facilities hokIing
detainees transferred by the Canadian Forces and an assessment of compliance by Afghan authorities with the
Canada-Afghanistan Detainee Transfer Arrangements...

9. While DFAIT leads in the implementation of these SOPs, this remains a who le of govemment effort and will
require continued contributions and expertisefrom a variety of Canadian Government departments and agencies
including the Correctional Service of Canada (CSC), the Royal Canadian Mounted Police (RCMP), the
Department of National Defence (DNO), the Canadian International Development Agency (C1DA) and others as

Nov 14,2007 EV OfAlT 00020135 t ers

 -2-
SECRET CEO
2007.06.20
Rev.9.1 NOT APPROVED

required. The followtng lists the primary roles and responsibilities of selected authorities or
department/agencies:

• OMA oversees, on behalf of MINA, the Goverrvnent of Canada's post-transfer foUow-up activities for
detainees transferred by the Canadian Forces to Afghan authorities.

• The Canadian EmbassY in Kabul and the canadian Ambassador have a central rokt in the coordination of
canadian post-transferfollow-up requeements, wfth the assistance of other relevant Canadian actors .

• DFAIT personnel at Kandahar Airfteld. the Provincial Reconstruction Team (PRD and at the EmbaSsy are
responsible for assessing the condition of detaineestransferred by the Canadian Forces and conduct
appropriate follow-up measures in accordance with agreed procedures and in consultation with the
Ambassador, IFM, DMA or their delegates until initiation of court proceedings by a regularlyconstituted court
or cessation of custody. PFAIT personnel in the fteld notify the ICRC and AIHRC once detaineesare
transferred to the custody of Afghan authorities or released. DFAIT personnel !n the field will be provided
with the necessarytraining on torture awareness and be familiarwith international procedures, including
relevant elements of international humanitarian law.

• DFAIT HQ (FTAGlIDRJlRH-GHA) provides policy advice/guidance at all stages as required. GENEV acts as
a focal point to provide notifications of transfers to ICRC HO.

• esc. RCMP. CIDA and CSIS !t'<ough existing resources In theatre (or supplemented by additional
resources) provide technical expertise in support of DFAIT ~ responsibility on an as required basis.

• DND responsiblefor the detention, release or transfer of individuals and retains appropriate records for
detainees in their custody. Provide legal, medical, technical, and logistical and force protectionsupport for
PFAIT and other government departments in the cond uct of post-transfer follow-upmeasures.

v. SPECIFIC PROCEDURES TO FOUQW CONCERNING THE NQTlFICATON. IRANSFERIRELEME

AN D TRACKING OF INDMDUALS DETAINED BY THE CANADIAN FORCES

- - - - - - - - - --~2 of5-
Nov. 14. 2007
 -3-
SECRET CEO
2007 .06.20
Rev.9.1 NOT APPROVED

Step 3 Nottflcatlon. by Afahan Authorftlu of Status Change of Detainee

• Pursuant to the May 3, 2007 supplement to the Arrangement, appropriate Afghan authorities are
required to notify the OFAIT POlAD at KAF the Political Director at the PRT or DFAIT representatives
I

at the Embassy of the status change of a particulardetainee or detainees (initiation of proceedings or

material change of circumstances).

• In the event that Afghan authorities were to notify the DFAIT PbLAD at KAF, the Political Director at the
PRT or OFAIT representatives at the Embassy or other CanadianGovernment representatives that
detainees transferred by the Canadian Forces were subject to Instances of alleged Improper treatment.
follow-up action would be required. Please refer to section VIII below.

• DFAIT POLAD at KAF or KABUL updates the detaineedatabase/spreadsheet accordingly.

Stop 4 RtQu"lI for Thl!!f PartY Transfer by Afghan Authorities

Nov 14,2007 EVOFAITOOO2.0135 3015

 . . ----- - - - - - - - - - - -- -- - - - - - - - - -- ---,

-4-
SECRET CEO
2007.06.20
Rev.9.1 NOT APPROVED

• Requests by the Government of Afghanistan for a transfer to the authority of another state. includ ing
detention in another country, wil be forwarded to the Ambassador. IFM and DMA for consideration as
appropriate.

• DFAIT POlAD at KAF or KABUL updates the detainee database/spreadsheet ace:onlingIy.

VI. PERIOPIC FOLLOW-UP VISITS TO ASSESS CONPITIONSOF DETEt!T!ON OF PETAINEES

TRANSFERRED BY THE CANADIAN FORCES

11 . Periodic follow-up visits to facilities which hold detainees transferred by the Canadian Forces wilt be
conducted. at the discretion of the Ambassador or a designated representative, as required and with or without
prior notice to Afghan authorities consistent with the practice of other intemational monitoring organizations. The
timIng and frequency of the visits win depend on the overall situation on the ground at a given time.

12. Such visits wilt occur with a view to assisting Afghan authoritiesto ensure that Canadian transferred
detainees are treated humanely, pursuantto Afghanistan's international and domestic obligations, and to the
December 2005 Arrangement and its May 2007 supplement. and to examine the overall conditions of detention.

13. In the course of such visits, Canadian representatives will have fufl and unresbicted access to any person
transferred by the Canadian Forces. Canadian representatives shouk:l request to InteMew' detainees,
transferred by the Canadian Forces, on a random basis in private and without Afghan authorities present.
Sampfe questions for such Interviews can be found at ANNEX A.

14. DFAIT representatives from the Kandahar PRT or Kabul lead such visits ¥lith esc, RCMP, DND anellor
CIDA Involved as part of a multl-disciplinaryassessment team. The Canadian Forces will provide logistical,
) legal, medical, technical and force protection support as required.

15. Such visits should complement on-going capaclty-bullding actMties conducted by the Correctional Sefvice of
Canada.

VII. REPORTING

16. Following each periodic visit, one detailed report, will be prepared using the standardized reporting format
attached as ANNEX C by the participating membersof the multi-disclplinary assessmentteam and approved by
the appropriate senior DFAIT offlCial !n Afghanistan. KANDH Of KABUL(depending on the locationof the visit),
will fOfWard the report to the DFAIT POLAD at KAF (for on-ward transmission to CommanderJTFMAFG and the
Detainee Officer), KABUL, DFAIT HQ (FTAG-DFD/IFMlDMA), DND (ADM(POl), CEFCOM, JAG), peo and
PSEPC. The report shall, where necessary, Include specifIC recommendations to assist Afghan authorities In
( resolving problems outlined In the report.

17. Reporting frorn other sources, including from the AJHRC and UNAMA, pertaining to the state of Afghan
detention facilities or the treatment of detainees should be forwarded to KABUUDFAIT HQ (IDRIFTAGIIRHM
GHAIGHHIlFMlDMA).

VIII. FQLLOW-UP ACT1QN

18. As appropriate, KABUL, as part of Its regular engagement _ Afghan authorities will provide continued
reminders to Afghan authorities at an levels regarding Canadian expectations as to their treatment of detainees
transferred by the Canadian Forces. KABUL will also advise appropriate Afghan authorities of the c:onduct.
results and recommendations of periodic vishs conducted by Canadian personnel .

19. In the event that Canadian per$Of1nel are made aware of allegations or evidence of abuse/mistreatment of a

l detainee or detainees transferred by the Canadian Forces dUring periodic follow--up visits or through other
means, DFAIT will enact the diplomatic contingencyplan as per ANNEX B wh ich could include notifyingAfghan

Nov, 14. 2007 EV.DFAIT 0002.0135 4 01 5

 - 5-
SECRET CEO
2007.06.20
Rev.9.1 NOT APPROveD

authorities. the AIHRC. UN.(\MA and the leRe, requesting the establistvnent of an Afghan investigation or
c:ooducting a subsequent follow-up visit and interview with a detainee or detainees as appropriate.

20. Where a detainee appears to be In immediate danger of abuse. or in urgent need of medical care due to
apparent abuse. Canadian personnel shatl insist that Afghan authorities take appropriate measures and shall
notify the AIHRC and the le Re . If the detainee in question was originally transferred by the Canadian Forces,
( Canadian personnel may request tha t Afghan authorities return that detainee to Canadian custody unti
Canadian personnel are satisfied that the detainee is no longer at risk.

21. Should Canadian personnel be madeaware of allegations or evidence of abuse/mistreatment of a detainee

or detainees transferred by an Ally or tSAF partner, DFAIT 'oVOUld inform the Ally or ISAF partner (if known) and
notify Afghan authorities, the AIHRC and the leRe and UNAMA as appropriate.

22. Follow-up activities could also Inetude identification of Afghan capacity-building requirements (e.g. training,
technical assistance. Infrastructureupgrades etc...).

23. All oommunication pertaining to these SOPs and with respect 10 communicatIng the outcomes of any visit or
follow-up should be coordinated by DFArT HQ. in consultation with other departments and agencies as
appropriate.

IX. LESSQNS LEARNED

24. On a period ic basis. DFAfT will convene an After ActIon Revtew' meeting to engage aUrelevant contact
persons involved in the detainee management process in order to determine what steps various stakeholders
must take in order to ensure on-going effective Government of canada implementation of these SOPs.

Nov. 14. 2007 EV.DFA1T.OOO2.0t35 50'5

 ct?ion
DRAFf Implementation modalities
3, 9 May 19h30

The guiding principle of the 2005 Arrangement is that the democratically-elected Government of
Afghanistan has sovereign jurisdiction over Afghans detained on its territory. Canada's
underlying objective in our Afghanistanengagement is to help build up, not replace, indigenous
institutions of governance. The primary responsibility for ensuring that the rights of detainees is
respecting rests with the Government of Afghanistan, with AlliRC performing a monitoring
function. Follow-up by Canadian officials will complement the AlliRC's role, not supplant it.

At the same time, we recognise that the AlliRC, like other Afghan institutions, lacks the capacity
to fulfil these functions without international assistance. Canada is already providing diplomatic
support to the AIHRC to obtain access to detention facilities, and we are exploring ways of
providing further financial and technical assistance, including training, to the AlliRC, just as we
are currently supporting the reform of the Afghan corrections and police systems.

Detainees captured by Canadian Forces and transferred to Afghan authorities will continue to be
documented, and their details provided to the AlliRC and the ICRC as well as to Afghan
authorities. At the time of transfer, a copy of the Arrangement, together with its Supplement, will
be provided to Afghan authorities and the detainee as a reminder of our expectations of Afghan
authorities, of'the detainees rights, and of Canada's intention to work with Afghan partners to
follow-up on the treatment of detainees.
Canadian officials will maintain records on detainees, tracking their whereabouts, status and
well-being, based on information provided by Afghan authorities and the AlHRC, and obtained
during their own follow-up visits. Canada is looking into ways of assisting Afghan institutions
with building their capacity to keep sound records.

The Afghan government's undertaking to hold detainees transferred by Canada at a limited

number of specific locations will facilitate records maintenance, monitoring by the AlHRC,
follow-up by Canadian officials, and the targeting of capacity-building activities. We are
currently working with Afghan authorities to identify the specific facilities which will house
detainees transferred by Canada.
Follow-up visits by Canadian officials will be led by DFArT officials, and involve multi-
disciplinary teams drawing on the expertise of various departments. including CSC, RCMP, and
DND. They will receive specific training in how to detect signs of mistreatment.
Such visits will occur with or without prior notification, and may include private interviews or
medical examinations as required. Detainees transferred by Canada will be selected at random for
interview. Facilities will be visited periodically,but without a pre-determined schedule. A
follow-up visit maybe triggered should Canada become aware of the possibility ofmistreatment.
Should Canada learn of allegations of mistreatmentof detainees transferred by Canada during
follow-up visits, from the AffiRC, or from other SOW'CeS, we communicate to Afghan authorities
their obligation under Afghan and international law to investigate and take corrective action.
Canada will retain the right to demand the return of a detainee to Canadian custody should we
conclude that the detainee is in danger.
Implementation modalities will evolve based on lessons learnt in their application. We will
maintain contact with international partners to exchange best practices, and explore the
possibility of collaborative efforts in capacity building and follow-up.

Nov, 14. 200 7 EV.DFAIT.0002,0136 1 of 1

 PROUDFOOT Douglas Scott -FTAG -DFA -C4

From: KANDH-e4R
Sent: June 29 , 2007 4 :57 PM
To : KABUL -HOM -e4R
Cc: GOLBERG Elissa -IRH-GHA -ce:
BUCK KelTY -FTAG -DFD -e4; MULRONEY David -DMA -
C4 ; SWORDS Colleen -IFM -ce
KANDH -KAF -e4R; EXTOTT -lOR -ce
EXTOTT -GHH -
C4 ; ANDERSON Cory -FTAG -ce PROUDFOOT Douglas Scott -FTAG -DFA-e4
. Subject: KANDH0048 - Detainees: Periodic Follow-Up Visit to the NOS

SECRETCEO

Please pass to:

JTF-A: POLAD, COMD, Detainee LO

Rei. IDR-Q41315MAY07, KANDH-0039 OSJUN07

1. On 26JUN07 the PRT Political Director and PolDir designate, together with esc rep, paid a ~periodlc follow up visit" to
the National Directorate of Security detention facility in Kandahar City, in accordance with the monitoring provisions of the
SOPs set"out in IDR0413.

2. This visit was undertaken with no advance notice, and there was no delayin gaIning access to the facility.

5. After the meetingwith we proceeded directty to the cell block. In preparation for this visit. the PRT had
prepared a list of twelve prisoners recenUy transferred by Canada to the NOS. Of thesetwelve. the NOS advised that ten
had been released the day prior to our visit The ten prisoners released were:

Detalnee,1 - Name: _ , Fath..... full name: , - - - I Grandfath..... name: I

Sex: male f Age : 27 I Identification Serial Numbers : _ _ I Place of blrth: I NatJonallty:
NlA f Tribe: 7) I General physical condition upon transfer. Good - no known injuries or illnesses.

Detain.. 12 - Name: I Fath..... full name: I Grandfather's name:

_ I Sex: male f Age: 16 I Identlfleatlon Serial Numbers: I Place of birth : _ ,
Nationality: NlA f Tribe: I General physical condition upon transfer: Good - no known injuries or
illnesses.

Detainee #3 - Name: _ I Father's full name: I Grandfath..... name: I

Sex: male I Age: 20 I Identiflcatlon Serial Numbers: I Place of birth: _ I Nationality:
1

Nov 14, 2007 EV OFAIT OOO2.01 37 1 014

 Afgha n J Tribe: NlA I Gen eral physical condftlon upon transfer: Good - no known .injuries or illnesses .

Detainee ... - Name: f ather's full name: I GrandfMher's name: _ I Sex:

male I Age: 75 I ldentlflcatlon Serial Numbe<o : I PIac<I of birth: I Nationality: NlA I
Tribe: I General ph ysical condition upon tra nsf...: Good - no known injuries or illnesses.

Detaln" '5 - Name: I Father's full n.-ne; ~ Grandhlther"s name: •

' Sex: male J Age: 16 I Identlflcatlon Serial Num....: _ ' Place of birth:
I Nation ality: N/A I Tribe : , General physleal condition upon transfer: Good - no known
injuries or Illnesses.

Detainee fi - Name: I father's full name: G~ndfather'. name: NlA I

Sex: male J Age: 19 I klentlflcatlon Serial Numbe : I Place of birth:
Natlonaltty : NlA I Tribe: I Gen 1physical condition upon trand...: Good - no known Injuries
or illnesses.

Detaln.. sr - N.....: _ , filth.,... f ull name: J GrandfMh""~ I Sex:

male I Age: 25 I lden"'""Ulr""eation SerIal Numbers: . . . . . - - I PIac;:e; of birth: _ ~ N8tIonaitty.
NlA I T ri be : I GeneraJ ph ys ical condition upon transfer: Good - no known inruries or Ulnesses.

Detain.. R - Name: I Fath..... full 'name: I Grandfather's name: _

!iiiilii!!ii.' Sex: male I Age: 48I IGeneral
Nationality: NlA I Tribe:
klentlflcation senal Numbers: I p~ of birth: . .-_I I
physical condition upon transfer: Good - no known Injuries or
illnesses.

Detain.. " • Name: _ I Father'. full name : 1 Grandfather'. name : _ _ _ _

~~~~ 1 Sex : male 1 Age : 60 1 Identtfleatlon Serial Numbers: I Place of birth: _ 1
Nationality: N/A 1 Tribe: _ I General physical condition upon tran.fer: Good · no known Injuries or
illnesses.

Detaln.. ... O· Name: I Father'. full n~e: _ I Grandfather'. name: " 1 Sex: male I
~ I ldenttfleatlon Serial Numbenl: ~ birth: 7 . . 1 Nationality: NJA 1 Tribe:
_ I General physical condition upon tra nsfer: Good - no known injuries or illnesses.

W e then conducted private interviews with the two remaining Canadian-transferred detainees . with no NOS present.

DetaJnee ... - Nam e: 1 Father'. full name: I Grandfath..... name: I

Sex : male 1 AQe: 30 1 klentiflC8Uon Serial Numbw: I Place of birth: I Nat ionality:
Afghan I Tribe: 1 General physical condition upon transfer. Good. No injuries or illnesses detected at
pre-transfer medical screening.

Detainee 112 • Name: I

J Father's full name : _ I Grandfath..... name : J
Sex : male 1 Age : 28 I klentlflcatlon Serial Numbers: _ I Place of birth: I Nationality:
Afghan I Tribe : 1 General physical condition upon t ransfer: Good - medically fit, but walking with limp
due to bed rest. .

Details of those interviews follow b8k)w (per reporting template).

KANOHl8uchan

Consulted: KANDHlDavison, CSCIFecteau

DATE OF VISIT: June 26. 2007

1. Admlnlatrettve details

8. Name of Institution visffed

National Directorate of Security, Kandahar office

b.

-
Number of security r&lstMf detainees overall

Nov 14, 2007 EV OfAl T 00020137

""
 c. Number of Canadian-trsnsfemKJ detainees present

d.
•
Number of Canadian-transferred detainees seen by offlciaIs on visit
2

e. Nature of Inter-actlon wffh Canadian-transferred detainee

2 private interviews
f. Inter.-action with any otherdetainees(sHies; generalpopulation)
Vi8W8d inmates In _ (19 prisoners total), and one communalcell holding .
prisoners total; in the common cell, took photographs of t\Yo individuals who allegedty suffered inj uries In ANP
detention before being transferred to the NOS . Did not visit one ad-hoc holding facility (basically a room )
holding _ prisoners. Concerned by our scrutiny of the two injured detainees. NOS officials insisted their
injuries were caused while in pol ice hands - and shovted us individual medical examination records confrming
the detainees were injured prior to arrival at the NOS. Inspection of the woundsalso suggested they were not
recent; esc took photogra~re available if required. The names of th8ilwo iiiimiieinil-e
iiii(iPiihone
iiiiiitica
. lily)
district.
.
~~!iIIi.IIIi.i son of~, and , son of

g.

h. Assessmentof operationalprocedures being followed by relevant prison IJUthoriIjes regarding reception,

registration and discharge
No change from previous visits. NOS Indicated that the copies of the CanadlrAfghanistan
agreement wh ich we had given to individual deta inees are belng reta ined as part of each individual's file.

2. Overall Sltu.lon of Detent ion

Conditions were as described in KANDH-oD26, 26APR07 and KANDHOO34 15MAY07, including the continuing use of
Ieg-s hackJes for the prison population . There was no sign that light~privation goggles were being used.

DetaIn.. 11 - Name : I Filth..... full name: , Grandfath .... name:_ '

Sex: male ' Age: 30 I Jdentiflcatlon Serial Number: , Place of birth: , Nationality: .
Afghan ' Tribe: I General ph ysical condition upon tra nsfer: Good. No injuries or illnesses detected at
pre-transfer medical screening.

After explaining the purpose of the Interview, we posed questions per the draft template. Mr. Sher wa s quick to offer
that he was being well treated and not beaten. He claimed that his original.capture had been the result of -prejudice:
He repeatedly protested his innocence and as ked whether we could get him released. We explained that our purpose
wa s not to discuss the nature of his case, just his co nditions and treatment in detention, but that we were pressing the
GoA to ensure due was res ed . _ indicated he has access to the outdoors ever second day since
arrivi ng He has received visitors (who could come every Thursday) and said he
wa s in good hea lth , with the exception of a pain (loca tion uncertain) that had been with him since childhood. He had
been interrogated twice by the NOS In the four days after his arriva l, for no more than 30 minutes each time. He sa id
there had been no ~I-treatm ent during the interrogation . He had not seen a lawyer nor did he understand 'Nhy he was
being detained. He sa id his interrogators had accused him of being a Tenban. 'Nhich he denied .

DetalnHI2 - Name: I Father's full name; _ _ I Grandfather's n~'

Sex: ma le I Age; 28 I identification SerIal Numbera : " ' - ' " Place of blrth: ~;
Afghan I Tribe: I Gen eral physical condition upon transfer: Good - medically fit. bul walking with limp
due to bed rest.

After explaining the purpose of the InteMew", we proceeded to pose questions using the draft template. During the
interview who was in leg shackles, explained that he was belng well-treated although he was only
being let out of his cell to pray (five tim es a day). He explained that his inju ry (for which he spent an extended time at .
KAF) was the result of having stepped on a land mine . Although hiS ; was injured he ~ nol asked to see a doctor,
and had not received any med icine. Since enteri ng into NOS hands had only been interrogated
,
Nov 14.2007 EV DFAlT. 0002.0137 3 of 4
 once, for about an uncertain period of time (between 10 and 30 minutes). He said the interrogation had simply
consisted of asking questions, and there was no mistreatment.

3. Priority Requirements and RecommendaUons

As noted during the April 25 visit, most prisoners have their legs shackled together at all times. This is not consistent
with international standards. The NOS indicatedthat they will be able to dispense with this practice when their new
facility Is opened (work on the building is progressingwell, with the structure nearing ccmpenco) .

Makerecommendations as to possible Canadian follow-up actions, including diplomatic effortsor capacitybuilding

inffiatives. .

The release of ten detainees the day prior to our visit drew attentionto a potential
provisions for ve · · that a detainee has in fact been released as claimed.

Note any actionsalready takenor plannedby the relevant Canadian actors in theatre (e.g. allocations-from C/OA,
trainingby CSC, demarche with relevantauthorities, etc...J

Per KANDH-oD39, earlier this month the issue of the use of leg irons for security prisoners had been flagged to staff at
Sarpoza prison as violating international standards. The staff at Sarpoza claimed that the prisoners arrived from the
NOS in shackles, but that thet!:!re not provided with a key. When we met with I 'Ie raised this issue,
and he and ~id that according to normal procedures a key is provided at time of transfer to
Sarpoza. The promised to loo.k into the situation and see what was required to resolve it.
Comment:

Nov. 14 , 200 7 EV.DFAIT.0002.0137 4 of 4

 BORLE I-flAG -C4
From: KANDH -<:4R
Sent: May 8, 2007 3:08 PM
To: PROUDFOOTDouglas ScoIl-FTAG -<:4
Cc: MUlRONEY DlMl-DMA -<:4; SWORDS CcIeen -IFM -<:4; PDUP
NDHQ OTT ADM (POl) -<:4; ANDERSON CoIy -FTAG -<:4; COOTER
C4; KANDH -KAF -<:4R; BUCK Kerty -FTAG -<:4; KABUl-GR -<:4R; Eric -IDR -
C4; GOlBERG a;ssa -IRH-GHA -<:4; NOLKE Sabine .JLH -<:4; ALEXANDER Vera .QGD -
PCOIBCP -<:4R; EXTOTT -FTAG -<:4; EXTOTT ~ DO -<:4
S"blOC!: KANDHOO32 - Info gathering vis" 10 !he NOS

SECRET CEO

Ref IDR-C388 02MAY07

1. Furlhe< 10 reltel, KANDHIBuchan, CSClGarwood'F ,bert and PRT logol AdvisorllCdr Connor paid a working vis" 10 !he
NOS fa cility in Kandahar 07MAY07. Primary objectlve was to gather information regardIng Canadian-transferred NOS
detainees, and explain procedures that will be followed for future'monitoring visits. The visit was made without prior
notifICation, and we were given Immediate access to the compound.

2. Buchan and Garwood-FObert met with Kandahar NOS nd handed over a hard copy of the
Canada-Afghanistan suppkmlent8ryarrangement on detaInee transfer, as we11 as the list of detainees that Canada has
transferred to the NOS to date. We underscored the "full and urvestricteer' access provisions of the supplementary
arrangement. and made d ear that they applied to the AIHRC and leRe as well as to Gov ernment of Canada personnel.

3. Provfsklns for future monitoring visits were discussed. in particular:

- monitors can arrive without prior notice, at any time of day or night, and wiI be admitted without delay
- we have a designated point of con tact who we will notify 'Nhen we arrive and who will fac:Hitate any special
arrangements we require durinQ..the visit (NO
- rooms _ of the detention e conversations.
with detainees

4. We adv ised U181 the two indMduai complaints of abuse that had ~ passed to the PRT duing our
April 25 vis" to the NOS detenlioo facility (ref KANDHOO26. 25APR07) had been referred 10 the ICRC and AIHRC for
follow up. He indicated that the NOS Vt'OUld be happy to cooperate with any inquiries made by these organizations. He
also noted that the two individuals in question had been transferred and were now being heki at Sarpoza Prison.

5. On cooperation wfth AIHRC, indicated that he was more than willing to offer unrestricted access and share
Information on detainee conditions. However, the AIHRC was also asking to be told what charges were being brought
against each detainee and he was not willing to provide those details, because the NOS is an Intel1lgenoe servfce and
making the charges public couk:l threaten national security.

KANOHlBuchan

Nov, 14, 2007 EV.OFAlT.0002.0138 t et r

 •
BORLE C ':.;1-FT;:..:.:A;:;G::.;;;:.c4=::===;::- ~?~;:;::---
From: BUCK KelT)' -rrAG -C4
Sent: May 18, 2007 9:18 f>N,
To: BORlE CyriI .f'TAG -C4
Subject: FW: KANOH0034 - Fnt Periodic F~p VISit to the NOS

Cyril - FYI

-()rIgInaJ •.... 9
From; BUCK Kerry .flAG -e4
Sent: May 17, 2007 8:31 PM
To: LAnJUPPE AtiIn -UINA-C4
Cc: MULRONEY DevId..()IM -C4; SWORDS CoIeen ~FM -C4; PROUDFOOT DougI8s ScatI:..flAG -ce lAPORTE Ene -IlR-C4
Subfect: FW : KA.NOHOO34. F'n t Pertodic FoIow-Up VlIIt to tM NOS

SECRET CEO

Alain: ThIs Is currently being turned into 8 memo to the Minister. In the interim, you may wish to advise OMINA since the
issue was raised in todays briefing.

Please find attached a repoit on the first periodic follow-up visit by Cenadien'officials to the Kandahar detention facility of
the Afghan National Directorate of Se<:urity (NOS), which took place 15 May, While this 1Iis~ was the first under the
prototype Standard Operating Procedures we have developed for the implementation of the 03 May Supplementary
Arrangement, Canadian officials have in the past made ad hoc visits to the NOS facitity.

The 1Iis~
team consisted of the PRT Pofltical Directof, Gavin Buchan from DFAIT; the PRT legal Advisor from ONO; and
the Director of Humanitarian Affairs at DFAIT. Elissa Golberg , who is currentty visiting Kandahar for this
purpose. Officiats
at Headquartars winraview the Standard Operating Proceduresupon her retum next week to take stock of lessons loami
during her visit, to make any adjustments deemed necessary and td make recommendations on the reporting temptate

Salient points noted in this first visit under the pilot Standard Openrting Procedures include:

• the fact that the team's entry to the facility was delayed by 15-20 minutes since the vistt was unannouncedand the
designated point of contact was not present when the Canadianteam arrived. The team has recommended that a
third senior point of contact be designated in future to avoid such situations.

• The team revieWed the register of detaineestransferred since 1 Februaryto detelTY'lne their whereabouts. This was a
painstaking process, and the team advises that it is not fool-proof given the standards of reoord-keeping. A l l .
detainees transferred by Canada since 1 Februaryhave either been releasedor transferred to other institutions.
Canadian officials dtd not/not therefore see or interview any detainees transferred by Canada. The team will
recommend that additional technical assistance be offered to Afghan authorities to improve record-keeping. .

• The team inspected general prison conditions using a template based on International stBndards and noted some
deficiencies, including the use of 'eg-shac:kJes at an times. This was brought to the attention of NOS authorties. The
NOS advises that in their new facility, cummtty under construction, there wit be no need of leg irons. In the inte rim ,
we wiI seek 10 offer training on the appropriate use of restraints consistent with international standards. In addition,
the team noted overcrowding in one eel where detainees had been held for a week. The team did not report any

... '
allegations or evidence of mistreatment
•
We wil instruct Canadian officials to visit the other two facilities, in Kandahar and Kabul, to which the 14 detainees not
raleased have been transf8mld,

~""'Ige
From: KAHOH~R
sent: Mey 15, 2007 3:24 PM
To: KA8Ul4iOM oC4R
Cc: GOLBERG EhN -tRK-GHA oC4; BUCK Keny -FTAG oC4: MJLRONEY o.vid -OMA.(;4; S'NORDS CoIMtI ~FM.(;4
Subject: KANDH0034 • fOnt Periodic Follow-Up V. . to thrI NOS
1

Nov, 14. 2007 EV.OFAlT,0002.0 139 1 017

 SE CRET CEO

Please pass to:

JTF-A POLAO, COMO. Detainee LO

Ref. IDR-ll41 3, 15MAY07

1. On May 15 !he PRT Politica l Director , PRT LEGAD and IRH-GHAIGoiberg paid a "periodic follow up visit" to the
National Directorate of Security detention facility in Kandahar City. Th is was intended as a first test run of the monitoring
provisions of the SOPs set out in reftel. W oukt wek:ome feedback on the approach taken.

2. Th is visit was undertake

designated poi nt of contact
and as a res ult the monitorin
staff tried to track d own
authority of

Lesson I.a~~ a backup poi nt of contact for situ ations where~nd _ are not availab le. It 'wa s
ag reed that ill take on thi s role.

3. Prior to the visit the PRT had bee n unable to identify any Ca nadian-transferred de tainees at the NOS fa cility on the
basis of recon::ls in ou r possession. As a res ult. the
~ rst ste in e visit wa s a request to see the reg ister of deta inees ; thi s
was provided without hes itation . W e revie wed with na mes of all detainees handed over by Canada since
Febru ary 1. and after a painstaking process cond u . _ ind ividua ls in question:
had been transferred to Sarpoza prison.
_ had been transferred to NOS HQ in Kabul (of
had been released
whom. were known to have been subsequently released)

Com ment: as the register is ma intained in Pasbtu . we could not confirm whether all stateme nts made by
were based on the reg ister. or whether he was su pplementing it from memory.

Comme(lt: our cross-referencing of record s was limited by the amount of tim e we were ab le to spend at the facility. and
wa s noUnot foolproof. We went through all names transferred in the last three and a half months because in pri nciple the
NOS should not hok:l detainee s longer th~ However, our check would not have 'ca ught a detainee transferred by
Canada prior to Fe bruary 1 who remains _in NOS custody.

4. As we were unable to identify any Canadian-tra nsferred detainees among the inm ate population, we d id not req uest a
private inte rview with a detainee .

5. The visit concluded with a brie f inspectio n of the detainee ce lls (see reporting template bel ow).

KA NOHIBuchan

Co nsulted : IRH -G HAIGolberg; PRT LEGADIlCdr Connor

DATE OF VISIT: Ma y 15, 2007

1. Adm inistrative details

Provide a brief description of the place of detention visited and nature of the interaction with detainees. This ca n
be cross-referenced with base-line data already provided by KNDHR

a. Name of Institution visited

National Directora te of Security, Kandahar office

b. Number of security related detainees overaH

43

C. Number of Canadian-transferred de tainees present

o
2

Nov. • <1. 2007 EV,DFAlT.OOO2.0139 '.7

 d. Number of Canadian-lransfened detainees seen by otriciaJs on visit
o
8. Nature of Inter-action with Canadian-transterred detainN
nla

f. Inter-action with any other detainees (alli$s; general population)

VIe'Ned inmatesin (17 prisoners total), one communal cell hoIdlng_
prisoners lolal, and one ad-hoc holding facility (an empty room) holding ,

g. Outline any constraintsin accessing Can&dian-transferT8d detainees

there were no Canadian transferred detainees present

h. Assessmentof ope<ational procedUI8$ being _ by talevant prison a _ regarding reception,

ragislration and discharve
determining that there 'It"8te no Canadian-transferred detainees present required a k:M'Ig and
painstaking review of the paper records, but did confirm that such records exist, and are reasonably
comprehensive. The facility is generally able to indicate when someone was admitted and whether they
were released or transferred. However, once a detainee has been transferred to Kabul, the provincial
level is not usually informed of subsequent changesin status.

2. 0..,.11 Situation of Dolontlon

Provide a brief description of the conditions of detention and the status of the detainee. In identifyjng the
conditions of detentionand specific issues regarding the detainee. information and analysis Of inl8lpletation that
can pr0vicJ6 bacJ<ground to the recommendations (If any) made later in the report would be useful.

Conditions were as descri~ in KANOH-0026, 26APR07 with three significant points to register:

- the continuing use of $eg-shacldes for the prison population (as noted in ref mag)

- three of the of the NOS facility receive very little natu",lligh~ even on a
sunny da Y; this had not been evcent duringour Apri l 25 visit, when the electric lights were on

prisoners hetd in a room which during a previous visit had been used
:,~.~mf:"~~ araa for ; ; _ inmates before theyjoinad the generalpopulaIij 01the ~
only one~f held !hera was IJ leg shackles. The NOS advised tf1at the group ~ picl<ed
up by unng an operation, and had been held for a week. They indicated there was lime or no evidence
agains In ividuals, but they were waiting for a report from the police that might help determine whether they
should be releasedor whether there was a basis for continued detention.

3. Priolfty Roqulromonta Ind Rocom_1lonI

The rapotf should indicate any gaps that""", idantilied in the course of the visitex_ that tequira urvenf
attention in relation to what is alreadybeing done as part of wider capacity building etl'otts of localauthorlties and
domestic institutions such as the AlHRC.

As noted during the April 25 visit, most prisoners have their legs shackled together at all times. This is not
consistent with international standards. ~ NOS indicated that they will be able to dispense with this practice
when their new facility is complete (work on the structure appears to be progressing rapidly- the seml-basement
and the sheM of the first floor are now complete). .

Make recommendations as to possible canadian foHow-vp actions, includingdiplomatic etl'otts or capacity

building initiatives.

It wi! be important to ensure the training program esc is developing for staff at Salpoza Prison is also available
to NOS _ (tf11s Is buiK into CSC's project proposaO. .
Note any actions already takenor plannedby the relevant Canadian actors In ttJeatT8 (e.g. allocations from CIDA.
training byesc. demarche with relevant alllhorities. etc...)
3

Nov. 14,2007 E'V.OfAlT.CXl02.0139 3 or 7

 -
Issue of leg irons was flagged to NOS authorities as a concern during the April 25 visit

on the issue of detainees held beyond the statutory

;
The PRT is working with the NOS to
ay 0 discuss this and other issues.

The issue of delays in judicial processes was raised at the human rights workshop hosted earlier today bythe
PRT and A1HRC, and several participantsexpressed interest in future collaboration to address the problem.

Nov. 14, 2007 EV,OFAtT.0002.0139

"'"
 -
F""",

y",
Ce:
KAHOH ."...
M.y 15, 2fX17 3:24 PM
KABUl-HOM -C4R

..,..
GOLBERG EiIu ·IRH-GHA-C4; BUCK Keny.f'TAG -C4; MULRONEY DeYid .oMA-e4: SWORDS

KANDH0034 • Fbt P.-;odic FokM-lIp v.lt to the NOS

c-.n ...FM

SECRET CEO

Pleasepaato:
JTF-A POLAO. COMO. De!lIinee LO

Ret ICHR~13, 1~Y07

1. On May 15 the PRT Political Director, PRT LEGAO and IRH-GHAtGoberg pakt a -per1oclc foIow up vieII"
to the National Directorate 01 Secutty detention faciity In Kandahar City. ThiI was Intended . . . first test
JUl of the rnontomg proviBiona of the SOPs set out il reftel. WOIAd wetcom. feedback on the approach
blken.

2. This visit was t.ndertaken witt no advance notice, andthere was no defay in gaini1g accesa to Ihe
faclity. However, the ~ poW of conbM:t '18S not 8Y8W:lIe and
~~II!I~~vas absert in KabuI, .-ld as . reajllhe monitorilg delegetiol l was kept ~ nide the
fac:llty 10< between 15 and 20 minutes wille NOS staff tried to trwc:k ~ Altho and 01 hi period
the NOS decided to admit the delegation to the facity Inter the authority of

Lesson lumed: we wi need a bacla.4> point of contact for situations where• •lao"" • •laare not
avaIabIe. It was agreed that '<'ill tlke on this role.

3. Prior to the YiIIt the PRT h8d been ..... to identify tnt ~ detalneee ... the NOS
facIty on the basil of records in OU'" p1J. ell' [)j I. N. rea*, the find step in tNt viii was • request to see
the register of detainees; . . was provided ~ hedllbl. W. reviewed wtIh h. nemes of
d detaOleeo handed <Nef by c..- ..... FebnJoly 1, and oller 0 poi'lItaking procesS . . . - hi 01
. . . . _Ioi1~:
had been I..,od to Sarpo.. prison,
had been feml d to NOS HQ i1 Kabtl (ol whoml - e known to have been
_quontIy ""o.. dj
..d been released

C 1he register is mlintalned In PashIu, we C()ljd not confirm ~ d 8bIten'ientI made by

Cooii'-i'i"'int::.aj:,:
• wwe baed on the register, or whether he W8I awlemenllng . from memory.
CcM._._1t: 0l.I' CfOS&«ferenc:ing of rec:ordl was Imited by 1M arncut of tine we were IIbIe 10 IpeOd 8tthe
faciity, and wn notfnot ~oof . We went dYoustl d ' names tr.lSferred i'l1he IaIt three and a hetf
monh beCIUM In pmeiple the NOS shedd not hold detaineellonger thin 90 days. However, cu check
would not have caught a detai1ee transfetTedby Canida prior to February 1 who remails I NOS
- ody.

4. AI we were l6\8bie to IdenttfyIlly C_ c:Ien-trarwfen' detai:ees among theInmate popAatIon, we cId

not request a privIte iUl.iew wilt: a detanee.

5. The visitconckJdedwttt: a briefhspedion of the detai'Iee ceIa (see reportilSJ tempillte beIow) .

Nov 14.2007 EV OFAl T.0002.0139 50f7

 KANDHIBuchan

Consulted: IRH-GHAlGoIberg; PRT lEGAOfLCdr Connor

DATE OF VISIT: May 15, 2007

1. Administrative details

Provide a brief description of the place of detention visited and nature of the interaction with
detainees. This can be cross-referenced with base-line data already provided by KNDHR.

a. Name of Institution visffed

National Directorate of Secuity, Kandahar office

b. Number of security related detainees overall

43

c. Number of Canadian-transferred detainees present

o
d. Number of Canadian-transferred detainees seen by officiats on visff
o
e. Nature of inter-action with Canadian-transferred deta inee
nla

f Inter-action with any other ~ n e r a lpopulation)

. vewed inmates in <17 prisoners totaO, one communal ceH
. . .total, and one ad-hoc holding facility (an empty room) holding

g. Outfine any constraints in accessing Canadian-transferred detainees

there were no Canadian transferred detainees present.

h. Assessment of operational procedures being followed by reJevant prison authorities

regarding reception, registraffon and discharge
determining that there were no Canadian-transferred detanees present required a
tong and painstaking review of the paper records, but did confirm that such records exist,
and are reasonably comprehensive. The fa~ is generaly able to indicate when someone
was admitted and whether they were released or transferred. However, ooce a detainee
has been transferred to Kabul , the provincial level is not usualty informed of subsequent
changes in status.

2. Overall Situation of Detention

Provide a brief description of the conditions of detention and the status of the detainee. In
identifying the conditions of detention and specific issues regarding the detainee, information and
analysis or interpretation that can provide background to the recommendations (jf any) made Jater
in the report would be useful.

Concitions were as described in KANDH-0026, 26APR07 with three significant points to register:

Nov. 14.2007 EV,OFAtT.0002.0 t39 '017

 -lhe c:onIlnUng .... of Iog-ohacldes "" lhe ~ p<IIllUtion (n - . I WI ref msg>

- three of lhe f lhe NOS l1lcity re<:eIve very illle _

ighl, even on e SlmY day; this hod not been evident cUing OU" AprI25 - . wilen l h e _
IVdawere on

3. Priority RequiNnwda'" Reconwnend8tions

The report should indicstfJ any gaps that were identffled in the course of the visitor neds that
require urgent attention in relation to what is e/reedybeing done d parl of wider cspacity building
efforts of local authorities and domestic institutions such 8S the AlHRC.

As noted dlrilg the April 25 visit, most prisoners have their legs ahaclcSed together at al times.
Th6B Is not consistent with intemationalltandards. The NOS Incicated that they.wI! be able to
dispense "Nfth this practice when thei' new facllty 18 complete (work on the structln appears to be
progressilg rapkIy- the semi-basernent and the shel of the first noor are now complete).

Make recommendaHons as to possible Canadianfollow-up actions, includingdiplomatic efforts or

capacity building initiatives.

It wi be Important to en8lI"8 the tralrq program CSC " dev~oping for staff at Sarpoza Prison is
atso avaiatHe to NOS staff (thii is built into CSC's projed proposal).

Note any actions alreEK!y taken or planned by the relevant Canadian tKiors in theatre (e.g.
allocations from CIDA, trainingby CSC, demarche w«h relevant authorities, etc...)

lsaue of leg irons was flagged to NOS authortIfes 88 a concern duing the ApfI25 visit.

PRT LEGAD ho. engoged with - . , l h e issue of _ _ held ~

the statutory 11mb. The problem In most cases appears to be cifI'lcUIly In

The tssue of delays In jucicilll processes was raised at the human rights worbhop hosted earler
today by the PRT and A1HRC. and several pW'ticlpants expressed Interest In future coIaboration to
address the problem.

Nov. 14 , 200 7 EV,OFAIT.OOO2.0139 7 of 7

 Please find enclose this week's esc report

• Cory Anderson • FfAG

• Chris Gibbins - FfAG
• Scott Proudfoot> FfAG
• Kerry Buck - FfAG
• Eric Laporte - !DR
• Sabine Nolke • JLH
• Wendy Gilmour - IRP
• Tudor Hera-IRP
• Donald Sinclair>!DR
~ .

NlN. 14. 2007 EV.OFAIT 0002.0 1-0 , ~ ,

 KANDAHAR PRT-CORRECTIONS COMPONENT

VOL1 NO,13
Week ending May 6, 2007

MEDIA

The CSC and CF personnel remain on a communications ban regarding

detainees and all media requests to the CSC Director or the KPRT PAFO are
being fOrwarded to Ottawa for a response.

There was a contingent of reporters who came to the PRT on May 2"" regarding
the vis~ of the CDS General HILLIER, Team Canada and the Stanley Cup.
Purpose of the vis~ was to focus on the troops and give back a little ~h the
Team Canada vis ~ ~ the Stanley Cup.

MEETINGS
There are several standard meetings that CSC attends while on the PRT. There
is a. morning briefing (PUB), which involves all the section heads and OGD's
every Monday, Wednesday and Saturday mornings. A Patrol Meeting is held
every Wednesday evening and a Project Targeting Board every Friday afternoon.

INTERDEPARTMENTAL MEETING ON DETAINEES

On April 26"' the CSC Director along ~ Colonel CHAMBERLAIN , Lieutenant
Commander CONNOR of JAG and Gavin BUCHAN of DFAIT participated in an
Interdepartmental Meeting on Detai~ via conference call moderated by David
MULRONEY. Topics discussed were e next steps for the Arrangement for the
Transfer of Detainees, possible Fact Finding Mission, Litigation Update on the
BC Civil Liberties case alleging war crimes, NATOIRC South Detainee
\ Coordination and the next steps for the mission's capa~ building.

Two follow-up calls took place on May 1" and 3'" where input to the draft of the
new agreement was discussed and later refined as per negotiations in Kabul.
\

EV.OF AlT.0002.0141
","
 GLOBAL PEACE AND SECURITY FUND (GPSF)
The focus for this week was completion of the preliminary CSC Project Matrix,
which has at this trne 69 projects . This is a living document that will include long
tenm infrastructure projects , training and mentoring programs and Quick Impact
Projects (QIPs) and can be used to track projects as they progress. This list is
not exhausUve and as the need arises projects will be added.

DFAIT representative Lukas GUDINSKAS is also on slte for the next two weeks
to work on the GPSF project proposals with CIVPOL, CSC and Justice. To that
end CSC met with Lukas on May 2'" and May 5th and the Sarpoza Project should
be complete by May 13th • CSSP has made the offer of their prison architect, as
has the CPO via the UNAMA Corrections Advisor. Along ~h this is the Project
Proposal for the Interim In-Service Training Centre, which also involves CSC.

PATROLS
There were NO patrols this week . ••Any future Patrol requests by CSC have to
be approved by General GRANT for the time being.

CURRICULUM
On April 30th CSSP extended a fonmal invitatlon for CSC to participate in revising
the National Training Curriculum. The Director will be meeUng with CSSP in the
near future to arrange our involvement and discuss the provision of the
curriculum in Pashto, course supplies, and officer uniforms and equipment. It
may be necessary to have the Trainer/Mentor go to Kabul in the future to work on
the project.

GENDER ISSUES
The planned CSSP Training for the
at Pul-i-Charkhi starts on May 7

Nov, 14. 2007 EV.DFAIT.0002.0141 2,, ,

 SARPOZA

VEHICLE MAINTENANCE
The KPRT when under American Command gave the prison a van to escort
prisoners, which now requires a signifICant amount of repair, KPRT assessed
the needs for repair, parts, and new tires on April 19" in order to affect the
repairs using the CF sponsored MRO Project, On May 2"" and 3'" the Sarpoza
prison van was brought in to receive the necessary parts and repairs. This is
part of CSC's Project Matrix under QIP's. The larger scale project is to identify
the Vehicle Maintenance Officers and assess their skills set. It is then hoped
they can be trained with basic skills on preventive maintenance, parts and repair
via OJT. Tools of the trade will be assessed and purchased on their beha~ so
they may work on the proposed vehicle fleet at Sarpoza.

PRR - ORGANIZATIONAL CHART

The prison brought the CSC their organizational chart, which has gone in for
translation. Once completed this will be plotted on a computer program and in
addition to situational awareness will be given to the UNAMA Corrections Advisor
for use in the PRR process.

Decree 33 of the Transitional Islamic Slate of Afghanislan created the Priority

Reform and Restructuring ("PRR") program , the purpose of which is to create
government ministries and agencies that are efficient and. that provide sound
government services to the public, as well as to reform the civil service pay and
gradi.ng system . Each cabinet ministry was invited to submit proposals to the
Independent Administrative Reform and Civil Service Commission (the
"IARCSC") on how rt planned to restructure its organization and reform ns
operations in accordance with IARCSC guidelines. If the Ministerial Advisory
Commillee on Administrative Reform ("MAC") accepts a ministry's PRR proposal,
and the ministry commits itse~ to reform , rts employees will be eligible for
significant salary increases (up to ten" times their current salary) and increased
training. Under the program, each civil service job will have a specified job
description, and each position is designed to go to the best qualified
candidate. The PRR process only includes formal staff of the MOJ, not those
hired on a contract basis.

Corrections Component Director

Nov. 14 , 200 7 EV,OFAlT.0002 .0141

3 of 4
 Linda Garwood-Fllbert

Nov, 14. 2007 EV.DFAIT.0002.0141

.<'"
 SARPOZA SITE VISIT
2007.05·10

The CSC Director along with LEGAD Lieutenant Commander Connor and
Eng ineer Master Warrant Officer Pemberton departed the KPRT under the
protection of _ The primary purpose of the patrol was to request the
names and particulars of the inmates in the National Security Una in aid of
Canada's Agreement regarding the monaoring of CF Detainees. secondary
objectives were to make assessments in the women's Una regarding upgrades
and for the Engineer to follow up on the Prison Sewage Upgrade Project.

We were intormed that - had been pe""anently appointed 'as

~f Sacpoza the ~icated to us he had been concerned \
about our not visiting the prison in recent weeks . We info""ed him of the political
shuation in Canada regarding detainees, which he stated he was aware of.
. __....IN.heiiiiiniiiiwe~i~n~L~ed
~ :;.J
~ ·~'m:of:th
=e1\greement between Canada and Afghanista.
r ' To that end

He said he was upset 'about the broadcasting as was giving those .

organizations access to the prisoners. Now he is gelling blow ba ck from KabUl.l
He was told the LEGAD was engaging with authorities to remedy the court case
snuatian (excessive wait times between charge and trial) . The Warden ~id he
has also WTillen Kabul about the court delays and the LEGAD confi""s !his as
she has seen the papelWOf1< as well. He has gone to Kabul himself and heard
that there is a problem with the pre-destination of prisoners before trial. He came
back and re-assured the prisoners they were working on a and mentioned that
the PRT was help ing.

He indicated that that day he was working with detainees to de-escalate potential
violence. The National Security inmates earlier in the day were indicating that
they might cause a disturbance with regards to their length of stay wtthout having
gone to trial. Of note is the fact that many have been awaiting trial since April
2006. In order to diffuse the tension on the Una he bought food worth $100,000
afghani, had a sheep slaughtered and a traditional meal prepared for them. He
also gave a speech referencing the Quran , the virtues of patience and
encouraged them to pray and have courage. The diffusion was successful but is

Noll 14. 2007

EVDEAlT 0002.0142
'0<,
 The eng ineer inspeeled the work being done on the prison sewage upgrades.
Previous reports and the most recent surveys showed approximately 5 cistems
that were overflowing due to lack or sewage disposal from Kandahar City. As
this was a significa nt Health & Safe issue the ro'eel was started immediately.
contract was awarded to

empty the 5 cisterns for the amount 0

Todav's assessment and pictures now show the contractor has found 24 small
tanks situated around the property's perimeter. Most are only one to two metres
deep and totally inadequate for the current prison population of 700 let alone a
maximum capacity of 2100 . The practice had been that once the sewage
seeped through the ground they would let the sun dry tt out and then workers
would shovel the waste into pails and dump tt. It has been suggested that one
maybe two big cisterns be buitt, one along the back of the vocational shop area
and one possibly behind the prison . The holding areas behind the juvenile unit
and officers Quarters are the biggest and in the best condition but still are
inadeq uate . There is also the added complication of inmates putting plastic
mate rials in the drains, which clogs the lines . A "traditional" toilet was also found
near the kitchen , Also suggested was the installation of toilet trays wtth a trap for
the vapours. A conservative estimate at this time would be $1,000 ,000 afghani
($20,400 USD).

Further consultation will be required before we move to those options . At present

we will continue wtth cleaning out the 24 small tanks.

Correctional Component
KPRT , Afghanistan ,

Nov 14.2007
' d,
 SARPOZA SITE VISIT
2007-05-24

The CSC TrainerlMentor departed the KPRT for Sarpoza Prison u'l!;ter the escort
There were multiple purposes to the V1S~. A
team of Military Signa ers rformed a professional assessment of the
communications needs concerning field telephones as well as determined the
most appropriate placements for radio communication systems and the
necessary equipment The JAG escorted the Signallers, as she is familiar with
the facility and staff.

The TrainerJMentor conducted an inspection of the Health Care Facility and

examined the record keeping in the area. This was a follow-up action regarding
the April 6"' delivery of medical supplies, which had an approximate value of
$9000.00 USD. Unfortunately the keys to the dispensary area were unavailable
and ~ was not possible for the Medic to make an assessment of the dispensary
nor was ~ possible to assess modifications needed for the space. The Medic
spoke at length about proper inventory and dispensing protocols in particular the
need to record di nsed medication in a bound book and not just on individual
slips. Iso committed to selti1ig up individual files on each inmate at
the pnson. was also stressed that the current dispensary required a thorough
cleaning and that the expired medication must be disposed of. Future efforts
were to focus on these outstanding issues as well as mentoring in the area of
dispensing medication and maintaining proper medical files and records.

The Clinic now had a Dispensary Log book that recorded the date, name of
~ symptoms and the medication di . This is sl ned off b y .
_ who ~ appears is actually the There IS
apparently an actual physician who also attends to the prison. e ospensary is
stocked appropriately but the majority of medications are stored in a locked room
which requires the verbal permission of the Warden to enter and then only by
both the Physician:s Assistant and the Logistics OffICer. .The area had been
cleaned and disinfected as instructed. No medical fiies have been set up on the
inmate patients at this time.

Nov. 14. 2007

EV.OFAJT.0002.0 143
1 of 1
 KANDAHAR PRT - CORRECTIONS COMPONENT

VOL1 NO.14

MEDIA

The CSC and CF personnel remain on a communications ban regarding

detainees and all media requests to the CSC Director or the KPRT PAFO are
being forwarded to Ottawa for a response.

MEETINGS
There are several standard meetings that CSC attends while on the PRT. There
is a morning briefing (PUB), which involves all the section heads and OGD's
every Monday, Wednesday and Saturday mornings. A Patrol Meeting is held
every Wed nesday evening and a Project Targeting Board every Friday afternoon.

INTERDEPARTMENTAL MEETING ON DETAINEES

Interdepartmental Meetings on Detainees via conference call moderated by
David MULRONEY continue. On May "" and 10" the calls focused on the
SOP 's in current draft and development. Also of note is the visit by Elissa
Goldberg who will·assess how the SOP's are wor1<ing for us in the field.

ASSISTANT DEPUTY MINISTER DND POLICY VISIT

Assistant Deputy Minister of DND Policy Vince Rigby and General Ward
attended the PRT on May 7" and 8" . An All of Government Briefin,g.was given to
the delegation after their arrival and prior to their departure on the 8 there was a
Rule of Law presentation given by CSC, JAG and CIVPOL.

EV.OF AlT.0002.0144
"'"
 He indicated that on day of our vis~ he was working with detainees to de-
escalate potential violence. The National Security inmates ea~ier in the "day
were indicating that they might cause a disturbance with regards to their length of
stay without having gone to trial. Of note is the fael that many have been
awaiting trial since April 2006. In order to diffuse the tension on the Un~ he
bought food worth $100,000 afghani, had a sheep slaughtered and a traditional
meal prepaned for them. He also gave a speech referencing the Ouran , the
virtues of patience and encouraged them to pray and have courage. The
diffusion was successful but is a matter we will need to track and points to the
importance of having the court system property resourced and in synch with Rule
of Law issues.

SARPOZA

PRISON SEWAGE UPGRADES

The engineer inspected the work being done on the prison sewage upgrades.
Previous reports and the most recent surveys showed approximately 5 cisterns
that were overflowing due to lack or sewage disposal from Kandahar C~. As
this was a significant Health & Safe issue the roject was started immediately.
The contract was awarded to "

Todays assessment and pictures now show the contractor has found 24 small
tanks sltuated around the property's perimeter. Most are only one to two metras
deep and totally inadequate for the current prison population of 700 let alone a
maximum capacity of 2100 . The practice had been that once the sewage
seeped through the ground they would let the sun dry ~ out and then workers
would shovel the waste into pails and dump iI. It has been suggested that one
maybe two big cisterns be built, one along the back of the vocational shop area
and one possibly behind the prison. The holding areas behind the juvenile un~
and officers quarters are the biggest and in the best condition but still are
inadequate. There is also the added complication of inmates putting plastic
materials in the drains , which clogs the lines. A "traditional" toilet was also found
near the k~chen . Also suggested was the installation of toilet trays with a trap for
the vapours. A conservative estimate at this time would be $1,000.000 afghani
($20,400 USD) .

Further consultation will be reqUired before we move to those options. At present

we will continue with cleaning out the"24 small tanks.

Nov 14. 200 7

EV NT 000:2.01'"
2""
 KANOAHARPRT-CORRECTIONSCOMPONENT

VOL1 NO.16

MEDIA
The CSC and CF personnel remain on a communications ban regarding
detainees and all media requests to the CSC Director or the KPRT PAFO are
being fOlWarded to ottawa for a response.

MEETINGS
There are several standard meetings that CSC attends while on the PRT. There
is a mom ing briefing (PUB), which involves all the section heads and OGO's
every Monday, Wednesday and Saturday momings. A Patrol Meeting is held
every Wednesday evening and a Project Targeting Board every Friday aftemoon.

AIHRC POLICE WORKSHOP

The TrainerlMentor attended the above noted workshop at the PRT on May 27""
which was coordinated by the JAG. The purpose of the workshop was to see the
type of training that could be provided by the AIHRC in relation to Human Rights
and policing. This training is meant to be incorporated into the larger scheme of
professional development for ANP officers but could also 'be applied to
Correctional and NDS officers 'as well. . Ultimately what is being sought is and
Afghan lead training package delivered by Afghans. As AIHRC has the
Constitutional mandate for human rights education and delivery, they would be
the logical choice of organizations to deliver such training.

PATROLS
There was one patrol this week on May 24'" to Sarpoza. The purpose for the visit
was to facilitate a team of Military Signallers to conduct a professional
assessment of the communications needs concemin field telephones as _II as
determine the most appropriate placements for
and the necessary equipment The TrainerlMentor a co an ms
of the Health Care Facility and examined the record keeping in the area. This
was a follow-up action regarding the April 6'" delivery of medical supplies, which
had an approximate value of $9000.00 USO.

EV.OFA'HIOO2.0146
1~1
 KANDAHARPRT-CORREcnONSCOMPONENT

VOL1 NO.17

MEDIA

The CSC and CF personnel remain on a communications ban regarding

detainees and all media requests to the CSC Director or the KPRT PAFO are
being forwarded to Ottawa for a response. Stephanie LEVITZ of CP has
requested an interview regarding her story conceming the NOS and in what
capacity Canada is working to train them in the country's bid to modernize and
update Afghanistan's prison system. She is aware of our work with the police and
the army. but is curious about Canada's role in working with this other branch of
Afghan authorities. The request has been forwarded to Suzanne Leclerc for
response.

MEETINGS
There are several standard meetings that CSC attends while on the PRT. There
is a moming briefing (PUB). which involves all the section heads and OGD·.·
every Monday. Wednesday and Saturday mornings. A Patrol Meeting is held
every Wednesday evening and a Project Targeting Board every Friday afternoon.

AIHRC ASSESSMENT MISSION

Monty BOURKE of CSC and John DWYER of the HRC were at the PRT from
May 29'" to 31" on the CIDA sponsored AIHRC Capacity Building Assessment
Mission. This included visits to both Kabul and Kandahar. They met with the
UNAMA the PRT JAG , CIVPOL, and the
International Legal Fund. There was a so a working lunch. which involved the
CSC and Colonels QADIR and _ from Sarpoza Prison. Their goal is to
provide recommendations on the way forward.

nRINKOT
The Functiona l Legal Specialist in Tlrin Kol. Albert SCHONEVELD contacted
myseW on the urging of his predecessor and has requested I vis~ their PRT in the
near futUre.

Nov 1" .2007

EV [)fAIT 000:2.014
, ~ t
 PROUDFOOT Douglas Scott -FTAG -DFA ·C4
From: GIBBINS Christopher -FTAG -C4
Sent: June 19, 2007 5:54 PM
To: BUCK Kerry-FTAG -DFD-C4
Cc: ANDERSON Cory -FTAG -C4; PROUDFOOT Douglas Scott -FTAG -DFA-C4
Subjocl: Detainees - Five Elements

SECRET

Kerry, pleasefind attached updated version of requested doc.

Christopher

Nov, 14. 200 7 EV,OFAIT,0002.0148 1 of 1

 1. Free Access

KANDH002 6, April2S, 2007, Visit to NOS Kandahar Detention Facilities

• Para 2 : Canadian officials were accorded full access to all part of th e detention
facility
• Para 2 : the NOS commi tted to allow AllIRC full access on demand

KANDH0032, May 8, 2007, "Info gatheri ng visit to the NOS"

• Para 1: visit to NOS facility in Kandahar done without prior notice and Canadian
officials were given immediate access to thecompound
• Para 5: NDS . dicatedthat he was morethanwilling to
offerunrestricted accessand share info on detainees

From KANDH-C4R, June 2, (reflel: KAF lOS, KAF, 106, Kaf 107)
• Para 2: AlliRC offici als in Kan dahar confirmed that th eir Moni toring and
Investigation Team had had "no problems getting access" to NOS Kandahar
facilities theweek before

KANOH0039, June 4, 2007, ''Periodic Follow-up visit to S8IpOsa"

• Para 2: • esured Canadian officials that he was fully
committed to cooperating with Canadianauthorities with respect to theprovisions
of the Supplementary Ammgement
• Para 4 : Private interviews were requested and willingl y granted.

KBGR0291, Jun e 6, 2007, "Visit to NOS Facil ity in Kabul"

• Para S: Canadian officials were general ly pleased with the openness shown by
NOS interlocutorswho provided quick access to detainees on two consecutive
days , and readily agreed not 10 be present during the interviews.
• Para 13: Both
accepted the principle that Canadian
officials could and would show up unannounced.
• Para 14: with regard to interviews, NOS interlocutors were cooperative and
helpful . They speedily produced each detainee Canadian officials asked to see.

2. Commltmenu from local Afghan autboridesIDetendon Facility Dlrecton

KANDH0032, May 8, 2007, "Info gathering visit to the NOS "

• Para S: NOSI • ndicated that he was more than willing to
offerunrestricted access and share info on detainees

KANDH0039, June 4, 2007, ''Periodic Follow-up visit to S8IpOsa"

• Para 2: Canadian officials that he was fully
committed to cooperating with Canadian authorities with respect to theprovisions
of the Supplementary Arrangement.

HoY 14, 200 7 e V,OFAIT 0002.0149 t er

 \

KBGR029l, June 6, 2007, "Visit to NDS Facility in Kabul"

• Para 13: Both

KANDH0043, June 6, 2007, ''06JUN KPRT demarches"

• Para 3 NDS indicated that he'd take full
responsibility forthe treatment 0 etainees m dahar. He indicated that
NOS Kabul had issued cleardirection forbidding theuse of torture.

3. Conditions of Detention Facilities

KANDH0026, April 25, 2007, Visit to NDS Kandahar Detention Facilties

• Para 2: Standards of treatment werein general complied with

KANDHOO39, June 4, 2007, "Periodic Follow-up visit to Sarposa"

• Para. 4: Prison conditions, relative toother facilties in Afghanistan, are considered
above average
• Template Report: Section "Overall Situation of Detention":
o prisoners interviewed appeared to be in good shapeand confirmed that
they had access to medical services
o prisoners confirmed that theywereprovided access to theprisoners'
courtyard and garden on a daily basis
o prisoners interviewed were generally satisfied with their treatment and
their conditions of detention

4. Expressed Willingness of Afghan authorities to investigate .Uegationsof abuse

FTAGOllO, April 25, "AfghanistanlDetainees: MINA ca1lto NSA/Rassoul

• Para 3: NSAlRassoul

KANDH0032, May 8, 2007, "Info gathering visit to the NDS"

• ~ 25 incident in which two detainees alleged abuse: NDS
_ _said that the NOS would be happy to cooperate with any inquiries
made by the lCRC and/or the AIHRC

PRESIDENT KARZAl, May 23, Kabul

• On the issue of thereported alleged cases of abuse: ThePresident saidthat the
issue was of personal importance and insisted that govenunent officials were
vigilant to cases of abuse because of Afghanistan's own troubled history. "You
C8Il take my guarantee to the Canadian penple on that," he said. (as reported in the
Toronto Star).

Nov, 14. 2007 EV,OFAIT,0002.0149 2 0f3

 \

KANDH0039, June 4,2007, "Periodic Follow-up visit to Sarposa"

• Para 2: assured Canadian officials that he was fully
committed to cooperating with Canadian authorities with respect to the provisions'
of the Supplementary Arrangement.

From KABUL: re: KANDH0039, June 6, 2007, "Periodic Follow-up visit to Sarposa"
• Para 1: National Security Advisor Rassoul

s. Expressed Willingness of Afghan authorities to report progress of investigations

FTAGOllO, April 25, "AfghanistanJDetainees: MINA call to NSA/Rassoul
• Para 3: NSA/Rassoul assured MINA

PRESIDENT KARZAI, May 23, Kabul

• On the issue of the reported alleged cases of abuse: The President said that the
issuewas of personal importance and insisted that govenunent officials were
vigilantto cases ofabuse because of Afghanistan's own troubled history. "You
can take my guarantee to the Canadian people on that," he said. (as reported in the
Toronto Star).

KANDH0039, June 4, 2007, "Periodic Follow-up visit to Sarposa"

• Para 2: assured Canadian officials that he was fully
committed to cooperating with Canadian authorities withrespect to the provisions
of the SupplementaryArrangement.

Nov, 14. 2007 EV.DFAIT.OOO2.0149 3 of 3

 PROUDFOOT Douglas Scott-FTAG -DFA-C4
From: GIBBINS Christopher -FT AG -01
Sent: June 28, 20074:01 PM
To: ALEXANDER Vera -<>GO -PCO/BCP-oIR
Cc: BUCK Kerry -FTAG -DFD -01; LAPORTE Eric -lOR -01 ; ANDERSON Cory -FTAG -01;
PROUDFOOT Douglas Scott -FTAG -DFA -01; BORlE Cyril-FTAG -01
SubJoct: Detainee Issues update- June 28 2007

SECRET

Vera - please find below the update- as requested .

======================
{1} Follow-up on detain" tran.,.... by Canada.
• Have we heard back from ANP and ANA on detainees we transferred to them? What are we doing to pursue
this?

• ANP and ANA were provided with a list of individuals transferred into their custody by the Canadian Forces. Given the
poor level of record-keeping by the ANP/ANA, and the fact that theydo not keepany records on original detaining
force. it is to be expected that we will not be able to verifythe status of some of thesedetainees, particularly if they
were released. KABUL Is in regular contact with ANP and ANA officials.

• As for detainees transferred to NOS, have we crossoof'8ferenced the names of the 29 Individuals they continue to
hold with those named In the Graeme Smith piece? Will we?

• Yes, a cross-reference has been done but given GoA record-keeping it is difficult to confirm definitive matches.
However there are some poss ibilities : up to 5 of the named detainees likely have been released, and up to 3 may
have been transferred to Sarpoza prison . We are currently working with Afghan authorities to verify both G&M cross-
references to our detainee list , and NOS cross-references to our detainee fist, in order to come up with more definitive
numbers. The mulfjple ways of transcribing an Afghan name into the latin alphabet, coupled with unreliable or
inconsistent information provided by the detainee makes definitive identification very diffICUlt. It should be noted that
these diffICulties will diminish as the NOS's and DoJustice facilties improve their record-keeping (in part through the
efforts of Canada's detention facility capacity-building efforts), as well as improved "lagging", monitoring and tracking
of Canadian-transferred detainees by Canadian officials.

authorities.

Nov. 14. 2007 EV.OFAJT.OOO2.0150 101 3

 Vera - for your info: DFAIT convening an interdepartmental meeting to discuss camms approach and prepare comms
response

• anything new on prison visits? How many? What are the flndlngs?
• With assistance from DND and CSC , DFAIT has now conducted 6 post-transfer visits to Afghan detention facilities in
Kandahar (4) and in Kabul (2) and has interviewed 14 Canadian-transferred detainees. During the course of visits on
4 and 6 June , Canadian authorities were made aware of four new allegations of abuse (l.e . over and above the two
allegations of abuse reported on April 25, PRE-$upplementary Arrangement).

- what ls the proposal for regular Afghanistan brieflngs and what kind of Info related to detain... would be mllde
public during those brleflngs?
• Regular technical briefings are proposed, both on the ground and in Ottawa, that would include an update on
detainees as part of the larger programme. Specific detainee-related briefings would not occur to ensure the safety of
detainees, and to better situate the issue within the broader context of Canada's efforts on prison facility am;! justice
sector reform .
• Information related to detainees provided during the course of regular Afghanistan briefings could include information
on recent facilities visit (focussing on commentary regarding the overall conditions of detention), provide an update on
the status of Afghan investigations (if any) or actions taken by the Govemment of Canada . It would not include
information related to the number of individuals held, transferred or released by the Canadian Forces.

(4) Afghanistan's Investigation

• Has It been eompleted? When? Are raub being shared wtth us? Are rMults being made public? Iue we
satlsfled with thelnvestlgatlon's scope/seriousness with which Afghans took the Investlgatlon?
• DFAIT has been consistently following-up with Afghan authorities on the status of the Investigations into alleged
abuse against Canadian-transferred detainees.
•
•

•
• We are confident that GoA is carrying out investigations and will honour the terms of the Supplementary Arrangement
2

Nov. 14. 2007 EV.DFAlT.0002.0150 20f3

 (5) capacity building
• Anything going on since the two workshops of last month?
• NO

- Wh8t came out of the needs ......ment minion?

• A full and detailed report has been submitted with a number of concreterecommendations (see attached) designed to
increase AIHRC capacity and expertise overall, as well as specific recommendations to increase and Improveits
detainee monitoring and investigative capacity.
• CIDA and DFAIT are sati~f.teelwitl:UhlUeP:Q:liaod.JhaLthe AssessmentMisskm accom ished the task assigned to it.
........_-l\lexts b
leps-WilLinvol. 9-(ilb

(6) NATO AlII ..

• specffics on the "trtpartlte arrangement".
• The original "tripartite- proposal was seenan arrangement between the Govtof Afghanistan, the AIHRC and signing
ISAF member regarding access to detainees.
• That original draft, has undergonea number of changes. As it currently stands, it is no longer a tripartite proposal.
• Discussed at the RC(S) officials meeting in the Hague. June 7-8. the Netherlands agreed to propose a much
simplified version following concerns expressed by many that earlier drafts could Infringe on arrangements certaln
ISAF members already had In place .
• That much simplified text (attached) has been provided, interdepartmental consultation carried out and comments
provided to the Dutch .
• Much pared down, it would require the Govt of Afghanistan to grant full, private and unrestricted access to those
detainees transferred by lSAF member signatories as well as the AIHRC , the ICRC and relevant human rights
institutions within the UN system
• Anticipated ISAF member signatories at this point include the Netherlands. the United Kingdom and the United States,
. n Norwa
• t is felt that such a collective
letter will impress upon Afghan authorities se ousness rs consider the Issue of the
treatment of detainees and the A1HRC's right of access
• From a Comms perspective, we will want to emphasize that we seek every opportunity to work closely with ISAF allies
and make the point, stated above, of the message sent to GoA by a collective letter

- update on discussions related to capacity building such as computer system for tracking detainees?
• No update. Discussions o~lng between ISAF members and NOS about feasibility and compatability of systems.

~ a couple of lines on NATO Defence Ministers' meeting ,..: detain . .

•

• If this will be raised lit Rome I~ a smaller group, a line or two on what/howlwtth whom It will be addreued.
• Detainees will only be a responsive for Canada and detailed discussions are not antlciapted.

Consulted: lOR, FTAG

Approved: FTAGiBuck

Nov. 14. 2007 EV.DFAIT.OOO2.0150 30f3

 PROUDFOOT Douglas Scott ·FlAG -DFA -C4

Nov. 14 , 2007 EV.DFAIT.0002.0152 1012

 2

Nov. 14, 200 7 EV OFAIT OOO2.0152 2 012

 •
ANDERSON Co -FTAG-C4
From: KANDH-<:4R
Sent: June 3. 2007 12:48 PM
To: GIBBINS Clvistopher -fTAG -<:4
Cc:: KABUL -HOM -<:4R; KANDH -KAF -<:4R; BUCK KllfT}'-FTAG -DFD -<:4; FAIRCHILD David-
FTAG -IRP -<:4; GOLBERG Elissa -IRH-GHA-<:4; EXTOTT -OMA -<:4; AHMAD Nadia -
FTAG -<:4; EXTOTT -FTAG -<:4; EXTOTT -IRP -<:4; KAPELLAS Anna -LON -GR-<:4;
KABUL -GR -<:4R; HOFFMANN Ron -LON -GR -<:4; -HAGUE-<:4R; ALEXANDER Vera-
OGD -PCOIBCP -<:4R; SINCLAIR Jill -PCOIBCP -<:4R; SINCLAIRRobert -GHH -<:4; NOlKE
Sabine-JLH -<:4; NDHQ OTT ADM (POL) -<:4; NDHQOTT 0 NATO POL -<:4; NDHQ
+CEFCOM HQ -<:4R; EXTOTT-IRH -GHA -<:4; EXTOTT -lOR -<:4; EXTOTT -100-<:4;
EXTOTT-IFM -<:4; DIGANGI John -lSI -<:4; PINNINGTON Phll-llNATO -GR -<:4; BURGESS
Anne E -llNATO -GR -<:4; COOTERChris -BNATO-GR -<:4; LAPORTE Eric -IDR-<:4;
PROUDFOOT DoogIas Scott -fTAG -DFA -<:4; ANDERSON Cory -fTAG -<:4; BORLE CyriI-
FTAG -<:4
Subje<:t: RE: FTAG0146: Detainee Fol1ow-<Jp

CONFIDENTIAL - CEO

Thank you for the opportunity provide feedback, and pleasefind responses below:

Ref para 4: As AIHRC Kandahar Head E ineer Noonai is currently in Kabul, KPRT met today w i t h - - " ' "
1!!I!i!!!AIHRC Kandahar and in part to discuss the issue ~
into allegation U ortunate v. ue 0 e sensitivity of the issue, AIHRC requested that
any follow-up in IS rega walt or re urn of Engineer Noorzai.

Ref para 6: Please find attached copy of KPRT report on AIHRCSeminarthat was held 27May07. All involved saw great
value in holding this seminar. however, due to limited duration of mee ting KPRT and AIHRC felt It did notJnot ach ieve
desired end-state, agreeing that more refinement was required. As a result, another follow-up seminar is currently
scheduled for 06J une07. KPRT wi. ensure to provide Ottawa with reack>ut following seminar.

Ref para 8 : (i) Training session - Tortu re and Human Rights awareness training sess ions have been booked as part of
pre-deployment training for personnel deploying this summer to Afghanistan . However. not all personnel will receive these
courses due to schedu ling, therefore agree with need to deliver training in theatre. Due to log istics requirem ents to travel
to KANOH, wou ld sugge st that training be coord inated and delivered in KABUL.

In term s of extend ing training to RC(S ) partners, agree with offering course, although respective national pr&-deployment
training may already be proVided. (ii) Inform ation Sharing - Agree with need to exchange information between RC(S)
partners to ensure de-conrllcton of activities , share pertinent find ings/lessons learned, and fo ster regular interactions
aimed at enhancing coordination and transparency. Secondly, agree with KABUL that exchanges would be best
conducted at Kabul level, as there are existing mechanisms in place .

Drafted: KANOHlFairchild
----QrigInaI Message
From: GIBBINS ChrIstopher -FTAG .c4
s.nt: J trIe 1, 2007 11:32 PM
To: KABUL -GR -e4R; KANDH -e4R .
Cc: KABUL-HOM -e4R; KANDH -KAF -e4R; BUCK Keny -FTAG -DFD -e4 ; FAIRCHILD DavId -FTAG -IRP .(;4; GOLBERG EIlulI·
-ce
IRH-GHA EXTOn.oMA -C4; AHMADNadia -FTAG -e4 ; EXTOTT.flAG -C4; EXTon -IRP -C4: KAPELlAS Anna-
-ce
LON -GR HOFFMANN Ron ~N -GR -C4; -HAGUE -e4R; ALEXANDER Vera..()GO -PCO/BCP -04R ; SINClAIR Jift-
-ce
PCOIBCP -C4R; SINCLAIR Robert -GHH -ce
NOLKE sa blne.JLH NDHQOn ADM (POL) -e4; NDHQ on 0 NATO
POL -e4; NDHQ +CEFCOM HQ -e4R: EXTon -IRH -GHA -ce EXTon -IOR.(;4 ; EXTon -100 .c4; EXTon -IFM-e4;
DIGANGI John -lSI.c4; PINNINGTON Phil -aNATO -GR .c4; BURGESS Anne E -BNATO -GR -04; COOTER OYIs ~
SNATO -GR-e4; LAPORTE Eric -lOR -e4; PROUDFOOT ~s SCott ·FTAG -o FA -C4; ANDERSON C«y -FTAG-e4:
BORL.E CyriI ..fTAG -e4
1

HoY 14. 2007 t esa

 CONFIDENTIAL· CEO

Grateful WKA8UL and KANDH (as appropriate) foIJow.<Jp and report on the following dotai _ t e d issues:

2. Sial... of GoA Invootlgotlon (reflol: "Leiter for FM Spanta Attached, May 1, 2007"): Grateful WKABUL would
provide an update on the status of the GoA's investigation into the daimed Incidents of abuse as reported in the
Globe and Mail on April 23, 2007 . Also , has the GoA responded to Canada's offer of capacil:y-buiding assistance in
that regard. (I attach below both the emej in question and the letter to the GoA, for ease of reference).

« File: Letter for FM Spanta attached.htm» «File: Arif letter to Spanta.doc»

3. Number of Facilities. Gratehri If KABULwould provide an update on GoA agreement. per the May 32007
SupplementaryArrangement. t<> limit the number of facilities to which Canadian detainess transferred 10 Afghan
authorities are kept. Has GoA indicated the number and name offadlites? If have indicated INhen will
do so? If not uest that KABUL demarche the GoA on this matter.

Grateful WKANDHcould provide update on

If a meeting has taken place.

5. UK Tracking Proposal (reftel KANDHOO31. May 9): Grateful if KABUL could provide an update on the status of
the UK Tracking Proposal, includ ing whether the UK responded to Canada's enquiry regarding possible financ1al
contributions to the project?

6. Mey 2. AlHRC Semln..: Grateful If KANDH 'MXJkI provide a report on the AJHRCs May 24 Seminar.

7. Trlpartne Arrangement (renol: FTAG-ll138, May 29 2007): Grateful WKA8UL could provide an update on the
meeting that was scheduled to take place on May 30 on this issue .

8. RC(S) Officials Meeting, The Hague, June 7-8. Finally, grateful views from both KABUL and KANDH on detainee-
related Issues , In preparation for the RC(S) meeting . (The RC(South) offICIals meeting Is a quarterly gathering of
representatives from NATO, UK, USA, Netherlands, Denmark, Romania, Estonia and Australia. Canada's delegation
will be led by FTAGJProudfoot and will include officials from four departments and agencies.)

• (i) Training ....10" Canada is considering organizing a specialized train ing session on torture and human rights
awareness for staff being deployed this summer to both missions in Afghanistan. Given the rapidity of those
deployments, we anticipate having to provide that training in the ftetd. Grateful your views on possibility of offering
to make available these training sessions to RC(S) allies.
• (H) lnform8tkM Sharing VtfN/ in He is that it would be useful to establish an informal but regular exchange of
information with the UK and the Netherlands regarding detaiooess and dotainee folJow.<Jp. Specifically: (a>
Sharing of the tim ing of planned visits to the detention centres. We will wish to keep our visits on an eo-boo basis
but coIlectivety we will want to avoid converg ing on the NOS at the same time; (b) sharing of general inform ation
on deta inees Issues such as conditions observed: (c) sharing of information on specific detainees transferred by
RC(S) allies, without, needless to say, institutiona lizing any obligations towards allies on follow-up of RC(S) allies'
detainees. HO feels that best vehicle for such an informal exchange of information would be through the
respective Polads at KAF .
• Grateful your views on (I) and (ii) by COB Sunday June 3 2001.

Drafted: FTAGlGibbins
Consuned: FTAGIProodfoot
2

HoY 14, 2007

2~3
 Approved : FTAGlBuck

Nov, 14. 2007 EV.DFAIT.OOO2.0153 3 of 3

 -

Nov. 14, 2007 EV.DFAIT.OOO2.0 154 1017

Noy. 14. 2007 EV.DFAlT.OOO2,0 154 ,.,
Nov. 14, 2007 EV,DFAlT .00020154 3017
Noy. 14. 2007 EV.DFAlT.OOO2 ,0154 ' of7
Nov. 14, 2007 EV.DFAI T.00020154 5017
Noy. 14. 2007 EV.DFAlT.OOO2 ,0154 6of 7
 7

Nov. 14. 2007 eV.DFAIT.OOO2.0154 7 017

 Page 1 of 1

From: Anderson, Cory -FTAG

Sent: May 1, 2007 11 :43 AM
To: Lalani, Arif -KABUL -HOM/COM
Cc: Colvin, Richard -KABUL -GR; Manuge, Annemarie -KABUL -GR; Buck, Kerry -
PJD; Mulroney, David -DMA; Gibbins, Christopher -FTAG; Proudfoot, Douglas Scott
-FTAG
Subject: Letter for FM Spanta attached

Follow Up Flag: Follow up

Due By: June 1, 20078:00 AM
Flag Status: Red

Attachments: Arif letter to Spanta .doc

Arif.

Furtherto the conference call eeruer today. please find attached the letterfor onward transmission to FM Spanta.
You will notice that it will require Embassy letterhead.
Thanks .

Feel free to contactme if you have any questions.

cory.

Approved: DMA

file: / /C: \TEM P\Letter%20for%20FM%20Spanta%20attached. htm 7/04/07

Nov 14, 2007 EV.DFAIT.OOO2.0155 1 of 1

 May 01,2007

HisExcellency Rangin Oadfar Spanta

Foreign Minister, Islamic Republic of Afghanistan
Kabul, Afghanistan

Dear Minister,

Please contact me if we can be of assistance in this regard .

Am Lalani
Ambassador

Nov, 14. 200 7 EV.DFAIT.0002,0156 1 of 1

 ANDERSON Cory ·FTAG-C4
From: KABUL -GR -e4R
Sent: June 3 , 2007 11 :54 AM
To: GIBBINS Christopher -FTAG -cs
ce. KABUL -HOM -e4R; KANDH -KAF -e4R; BUCK Kerry -FTAG -DFD -ce
FAIRCHILD David -
FTAG -IRP -e4 ; GOLBERG Elissa -IRH-GHA -ce
EXTOTT -DMA -ce AHMAD Nadia·
FTAG -cs. EXTOTT -FTAG -ce
EXTOTT -IRP -ce
KAPELlAS Anna -t.DN -GR -ce
HOFFMANN Ron -t.DN -GR -ce
-HAGUE -e4R; ALEXANDERVera -OGD -PCQIBCP -e4R;
SINCLAIR Jill -PCOIBCP -e4R; SINCLAIR Robert -GHH -e4; NOLKE Sabne .JLH -cs:
NDHQ OTT ADM (POL) -ce
NDHQ OTT 0 NATO POL -ce
NDHQ +CEFCOM HQ-e4R;
EXTOTT -IRH -GHA -ceEXTOTT -lOR -ce
EXTOTT -100 -ce
EXTOTT -IFM -ce
DIGANGI John -ISI-e4; PINNINGTON Phi -SNATO -GR -ce
BURGESS Anne E -SNATO -
GR -ce CooTEJRClvis -SNATO -GR -ce
LAPORTE Eric -lOR -ce
PROUDFOOT Douglas
Scott -FTAG -DFA-e4; ANDERSON Cory-FTAG -e4; BORL£ Cyril-FTAG -cs: KANDH-
C4R
Subject: RE: FTAG0146: 00_ Follow-up

CONFIDENTIAL CEO

KABUL's responses can be foond below in blue.

Drafted: Colvin and Bloodworth

Approved: Lalani

----ortginal Mes'age
From: GlBBINS OviA:Iptw-FTAG-C4
Slint: J ... 1, 2007 3:02 Pt.1
To : KABUl -GR -e4R; KANDH -e4R
Cc: KABUL -HOM oC4R: KANOH -KAF -c4R: BUCK Ken)' -FlAG -DFO -04; FAIRCHILD Dr.4cl -FTAG -lRP -04 : GOLBERG EIIsu·
IRH-GHA -C4: EXTon -DMA -C4: AHMAD NadIa -FTAG -C4 ; EXTOTT -FTAG -C4 ; mOTT -lRP -C4 : KAPEUAS NIna ·
LON -GR -ce HOFFMANN Ron -LON-GR -ce-HA GUE -cAR: ALEXANDER Vera .QGO ..f>CQIBCP -e4R: SINCLAI R JIl -
PCOIBCP -C4R ; SINClAIR Robert-GHH -ce NOU<f Sabl ne.Jl.H -C4; NDH Q OTT ADM (POl) -e4; NDHQ OTT 0 NATO
POl-e4: NOHQ +CEFCOM HQ -e4R: EXT OTT -l RH -aHA -ce -ce
EXT aTT -lOR -04: EXTOTT -lDD EXTOTT -l FM -ce
-ce
DIGANGI John -l SI ..(;.4; PINNINGTON Phil -8NATO -GR BURGESS Anne e -aNAlO -oR.(;4; COOTER Ctwis -
SNAl O -oR <:4 : LAPORTE Erie-lOR -ce -ce
PROUDFOOT Douglas SCott-FlAG .oF'" ANDERSON Cory -FTAG -C4;
eORL.t: CyrI ·FTAG -C4
SubjrKt: FTAG0146: DetaInee Follow-up

CONFIDENTIAL· CEO

Grateful If KABUL and KANDH (as appropriate) follow-up and report on the following detainee-related issues:

2. StatUI of GoA Inv.tlgatlon (reftel: "leiter for FM Spanta Attached, May 1, 2OOr): Grateful if KABUL Vt'OUld
provide an update on the status of the GoA's investigation into the claimed incidents of abuse as reported in the
Globe and Mail on April 23, 2007. Also, has the GoA responded to Canada's offer of capacity-buildingassistance in
that regard. (I attach below both the email In question and the Letter to the GoA, for ease of reference). A meeting
has been requested this wee k with NOS General Director Saleh, where both issues will be discussed.

« File: Letter for FM Spanta attached.htm» «File: Arif leiter to Spanta.doc »

3. Number of Facilities. Grateful if KABUL Vt'OUld provide an update on GoA agreement, per the May 3 2007
Supplementary Arrangement, to limit the number of facilities to which Canadian detainess transferred 10Afghan
authorfties are kept Has GoA indicated the number and name of faclites? tf not, have they indicated when they wit!

• : ) pea I . . . I .

Nov. 14, 2007 EV OFAIT 00020157 1 ~ 3

 Grateful If KANDH could provide update on
If a meeting has taken place,

6. May 24 AlHRC Seminar : Grateful if KANDH would provide a report on the AIHRC's May 24 Seminar.

7. Tripartite Arrangement (reftel: FTAG-0138, May 29 2007): Grateful If KABULcould providean update on the
meeting that was scheduled to take place on May 30 on this issue. Canadian comments on the tripartite arrangement
were forwarded to the UK Embassyon 31 May but we have not yet received a response. latest information is that
they are still waiting for comments from the Danish.

8. RC{S) OffIcials Meeting, The Hague, June 7-8. Finally, gratefulviews from both KABUL and KANDH on detainee-
related issues, In preparation for the RC(S) meeting. (The RC(South) officials meeting is a quartertygathering of
representatives from NATO, UK, USA, Netherlands, Denmark, Romania, Estonia and Australia. Canada's delegation
will be led by FlAG/Proudfoot and will include officials from four departments and agencies.)

• (I) Training ...slon Canada is considering organizing a specialized training session on torture and human rights
awareness for staff being deployedthis summer to both missions in Afghanistan. Given the rapidity of those
deployments, we anticipate havingto providethat training In the field. Grateful your views on possibility of offering
to make availablethese training sessionsto RC(S) allies. KABUL would support extending the training to our RC
(5) colleagues.
•
• (ii) Infonnatlon Sharing View in HQ is that it would be useful to establish an informal but regular excliange of
informationwith the UK and the Netherlands regarding detaineess and detainee follow-up. Specifically: (a)
sharing of the timing of planned visits to the detention centres. We will wish to keep our visits on an ad-hoc basis
but collectivelywe will want to avoid converging on the NDS at the same time; (b) sharing of general information
on detainees issues such as conditions observed; (c) sharing of Information on specific detainees transferred by
RC(S) allies, without, needlessto say, institutionalizing any obligations towards allies on follow-up of RC{S) allies'
detainees. HQ feels that best vehicle for such an informal exchange of informationwould be through the
respective Polads at KAF.

We would therefore suggest that the Kabu eve more appropna e an

already have an esta is ortnightlyregular meeting with RC(S) poVmil colleagues, as well as regular meetings
strictly on detainee issues, so could easily add discussion about specfflcdetaineesand detainee conditions to the
agenda. .

Nov. 14, 2007 EV.DFAIT.OOO2.0157 20f3

 • Grateful your views on (i) and (ii) byCOB SundayJune 3 2007.

Drafted: flAG/Gibbins
Consulted: FTAGIProudfoot
Approved: FTAGlBuck

Nov. 14, 2007 EV.DFAIT .00020157 3 of 3

 ANDERSON Cory -FlAG-C4
From: COLLARD-WEXLER Simon -FTAG -e4
Sent: June 14, 2007 6:01 PM
To: EXTOn -DMA -C4; EXTon -IFM -C4
Cc: BECK Stefanie -lOR -C4; LAPORTE Eric -IDR -C4; EXTon -IDR -C4; EXTon -IDD-C4;
EXTon -FlAG -C4; ANDERSON Cory -FlAG -C4; GIBBINS Christopher-FlAG-C4;
PROUDFOOT Douglas Scott -FlAG -DFA -C4; DOBNER Galill-FlAG -C4; BUCK Kerry-
FlAG -DFD -C4; CHOWDHURYSanjeev -FlAG -DFB -C4; AHMAD Nadia -FlAG -C4;
ALEXANDER Vera-oGD -PCOIBCP -e4R; Privy Council Offlce I Foreign & Defence Policy-
C4R; CIDA -Afghanislan -C4R; MULRONEYDavid -DMA -C4; NDHQ +CEFCOM J5 -C4R;
NDHQ on ADM (POL) -C4; NDHQ on D NATO POL -C4; LDN -GR -C4; WSHDC -GR-
C4; -HAGUE -C4R; KANDH -C4R; KANDH -KAF -C4R; KABUL -GR -C4R; ISSAD -GR -C4;
BNATO -C4; EXTon -IRH -GHA -C4; GOLBERG Elissa -IRH-GHA -C4; EXTon -GHH -
C4; GILMOUR Wendy -FSDN -IRP -C4; LAKER Marina -IRP -C4; EXTOn -IRP -C4; NDHQ
OTT DGIS POL -C4; SWORDS Colleen -IFM -C4; ADLER Jeremy -IFM -(;4; COOTER Chris
-BNATO -GR -C4; BURGESS Anne E -BNATO -GR -C4; POUPART Isabelle -IDR -C4;
EXTon -GHH -C4; CCATS; BORL~ Cyril -FlAG -C4; NDHQ +CEFCOM Jg -C4R; NDHQ
on SJS -C4; PUXLEY Evelyn-ICT -C4; HUSAIN Masud -JLA-C4
Subject: FTAG-Q159: Report on Meeting on Afghan Detainees Issues with UK, US, and The
Netherlands

SECRET

For NDHQ ONATD POL Please pass to JAGIAndersonIBosi

ForCEFCOM PI pass to DeschampsIDuschner
ForCIDA Pi pan to WallacelHalllhenIMlllar

Summary. On 7 June. FTAGlProudfoot, IDRIBeck, DNDlBos, HAGUE/Husain, and FTAGICollard-Wexler met with UK,
US, and Dutch counterparts at the Dutch MFAin The Hague on the sidelines of the Reglonal Command South (RC-south)
consultations. The purpose of this meeting was to exchange information and to discuss common approaches pertaining to
detainee handling in Afghanistan. It was agreed that information-sharing on detai;;nee!!!!!l~ss~u~es!!!!!S!hO~U~'d~be!!!!!i~n~st!"u~t~ion!!!!aliZed at
the Kabullevel : that Canada would share information on AIHRC capacity needs;!

Report. On 7 June, FTAGlProudfoot, lOR/Beck, DNDlBos, HAGUElHusain, and FTAGICoIlard-Wexler met with UK, US,
and Dutch counterparts at the Dutch MFA In The Hague on the sidelines of the Re-south consultations. The purpose of
this meeting was to exchange information and to discuss common approaches pertaining to detainee handling in
Afghanistan.

3. Afghan Detain .. MoUe. Candel provided an overview of Canada's 3 May 2007 supplemental arrangement regarding
the transfer of Afghan detainees, noting that many of its clauses were borrowed from the UK, Dutch, and Danish MoUs.
FTAG stated that the arrangement limited the number of sites where detainees could be held, and that while they had yet
to be defined would likely include: the NOS and Sarposafacilities in Kandahar and Pol-i-Charki in Kabul. Detailed SOPs
have been established to implement the arrangementbut are still in evolution. New DFAIT personnel being deployed to
KANDH will be trained in torture awareness. Canada offered to share this trainin with other Allied nations if held in
Kandahar.

4. Caodel said that the disclosure of the number of detainees transfered has become a major political Issue in Canadian
Parliament. So far, Canada has transferred over _ndividuals, some of which are still in Afghan custody and some of
which have been released. Since the supplementaryagreement was concluded, 5 prison visits were conducted, leading to
3 allegations of abuse (the number has since been revised to 6). Cande! suggested institutionalizing regular information
exchange on detainee issues both with regard to contextual information, s RIC information on detainees, and capacity .
building needs.

Nov, 14. 2007 EV,OFAIT,0002.0158 1 of 3

 10. Common Projects on Detain.... The UK is seeking to develop, a computerized detainee monitoring system for the
NOS. This is also an idea that was floated by the US at the February 2007 RC-South consultations In Ottawa. The UK is
currently seeking an Afghan contractor to set up the system which will alsooperate in local languages. In the meantime, it
asked that Allied embassies in Kabul agree on what information would be required on the monitoring system in order to
create a common dataset. Canada were supportive of this k1ea._noted that the leRC is
already involved in this type of data collection. The UK added that the project will incl~ng on the computer
program, and on why such a system is necessary. Human capacitywill remain the biggest obstacle in this regard.

11. the AIHRC requires strengthening of its capacities to perform-its functions with regards to
detainees. Canada informed the roo that it had commissioned a report on the capacity needs of the AIHRC

----------

Nov, 14. 2007 EV.DFAIT.OOO2.0158 :2 of 3

 Drafted: FTAG/CoIlard-Wexler
Consulted: DNDlBos; IDRlBeck
Approved: FTAGlProudfoot

Nov. 14, 2007 EVOFAIT OOO2. 0 1~ 3013

 ANDERSON Cory -FTAG -C4

From: KABUL -GR -<:4R

Sent: May 7. 2007 1:51 PM
To: PROUDFOOT Douglas Scott -FTAG -<:4; LAPORTE Eric -lOR -<:4
Cc: BUCKKerry -FTAG -<:4; FAIRCHILD David -FTAG -IRP -<:4; GOLBERG Elissa -IRH-GHA •
C4; EXTOTT -DMA -<:4; KANDH -<:4R; KANDH -KAF -<:4R; GIBBINS Christopher-fTAG -
C4; AHMAD Nadia -FTAG -<:4; EXTOTT-fTAG -<:4; EXTOTT -IRP -<:4; KAPELLAS Anna-
LON -GR -<:4; HOFFMANN Ron -LON -GR -<:4; -HAGUE -<:4R; ALEXANDER Vera -OGD _.
PCOIBCP -<:4R; SINCLAIR Jill -PCOIBCP -<:4R; SINCLAIR Robert -GHH -<:4; NOLKE
Sabine-JLH -<:4; NDHO OTT ADM(POL) -<:4; NDHOOTT 0 NATO POL -<:4; NDHO
+CEFCOM HO -<:4R; EXTOTT-IRH -GHA -<:4; EXTOTT-lOR -<:4; KABUL -HOM -<:4R;
EXTOTT -100 -<:4; EXTOTT-IFM -<:4; KABUL -GR -<:4R; DIGANGI John -15 1-<:4;
PINNINGTON Phil -BNATO-GR -<:4; BURGESS Anne E -BNATO -GR -<:4; COOTERChris -
BNATO -GR-<:4
Subject: KBGR0275 - Afghan detainees: Request byAIHRC, and UK proposal

CONFIDENTIAL

Nov 14,2007 EV.DFAlT.0002 0159 1013

 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 AIHR C (Zellenrath said the Dutch consider this law supersedes the 1978 NOS law, which is secret) and ll} the existing
MoUs between the ISAF nations and the GoA. Zellenrath wondered whether an exchange of letters, or a 'clarifICation!
interpretation,' would work as an alternative to an MoU,

Nov, 14. 200 7 EV,OFAtT,0002.o1S9 2 0f 3

 20 . FOllow-up meeting with AlHRC . 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 'N'Ould test our new arrangement - and
AIHRC access to NDS facilities in Kandahar - as soon as possible .

21. Recommendations:

i) It is in Cdn interests to \IIOI'k 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 .

ill) 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 : Blocxf'N'Orth, Colvin

Approved: Lalani

.3

Nov 14,2007 EVQFA1TOOO2.0159 ,,<3

 Goo d Morning!

Welcome every body!

AIHRC. Kabul
6 May 2007 ·

AIHRC and NDS

Monitoring of Detention Centers

Nov 14,2007 EV.DFAIT.OOO2.0160 1016

 AIHRC's meeting (Dr. Sim.S.m.r&
Fdim HdimJ with Mr. Amrullah
Saleh, Head of NOS, in January
2007:
• The AIHRC's role in protection, promotion
and monitoring of HR
• The AIHRC's LAW
• MoU's signed by countries, highlighting
the AIHRC 's monitoring role and access to
detainees
• Access to NOS detention centers

N OS issues three letters on 9

January 2007 (19 Jad.i 1385):
1. Instructing all NOS sub·offieas to inlormNOS about
any detainee transfer. The AIHRC received the lette«
on /3 J.nu8fY 2007.

2. Aeea" to AIHRC 's monitors [circular t« all NOS

provincial offiea •. ThB A/HRC 'BcBi'Bd tse tette: on
/4 J.nU8fY 2007

3. two focal oints: al M r . _

and ;bIMr. _
contact dig~
as also provided to the AIHRC. Th.
A/HRC reee!•• d the letter on /4 J.nuary 2007

Nov 14, 2007 EV.DFAIT.OOO2.0160 2016

 The AIHRC immediately sentthe
two letters to all satellite and
provincial offices, advising them to:
• Initiate contacts with NDS offices
• Provide them with copy of the letters
signed by NDS
• Inform them aboutthe AIHRC's monitoring
role
• Emphasis on the provision of the MoUs
signed on the transfer of detainees

Nov 14, 2007 EV.DFAIT.OOO2.0160 3016

Nov, 14. 2007 e V.DFAIT.0002 .0160 4 016
Nov. 14, 2007 EV.DFAIT.OOO2.0160 5016
Nov 14, 2007 EV.DFAIT.OOO2.0 160 6016
 Page 1 of 1

PROUDFOOT Douglas Scott ·FTAG -DFA -<:4

From: LAPORTE Eric -lOR -04

((0 c

Sent: May 2, 2007 5:56 PM

To: KABUL -GR -04R; KABUL-HOM -04R
Ce: MULRONEY David -OMA -04; SWORDS Colleen -[FM -04; KANDH -AAF -04R; KANDH -C4R; BUCK
Kerry -FTAG -04; PROUDFOOT Douglas Scott -FTAG -04; McRAE Robert -[DO -04; BECK Stefanie -
lOR -04; POUPART Isabelle -lOR -04; ANDERSON Cory -FTAG -04; BALDWIN-JONES Elizabeth -
lOR -04
SUbject: IDR-Q368: Request for Information on the Status of Detainees Transferred by the canadian Forces
SECRET CEO

REFTEL : IDR-035Q of 01MAY07

Pursuant to REFTEL. please find attached an excel spreadsheel listi ng of detainees transferred or released by
the Canadian Forces to Afghan and US authorities since 2002. Grateful if you could forward the worksheets
detai ing the transfers of detainee s to the ANA, ANP and NOS (as per appropriate tab) only to appropriate Afghan
authorities to facil itate their efforts.

2. In transmitting the worksheets, grateful if KABUL could indicate that the infonnation on parentage contained in
the document is provided solely for the purposes of assisting in the identification of a particular detainee.

3. Please note that we will be providing you with a revised version of the spreadsheet(e.g. more user-friendly
format) In the coming days.

Drafted: IDRIlaporte
Approved : FTAGIBuck

From: LAPORTE Eric -l OR -C4

sent: May 1, 2007 11:23 AM
To : KABUL -GR-<:4R; KABUL -HOM -<:4R
Cc: MULRONEY David -OMA -<:4; SWORDS CoAeen -I FM -<:4; KANDH -KAF -<:4R; KANDH -<:4R; BUCK Keny -
FTAG -<:4; PROUDFOOT Douglas 5coll-FTAG -<:4; McRAE Robert -100 -<:4; BECK Stefanle -lOR -<:4; POUPART
Isabelle -lOR -<:4; ANDERSON COry -FTAG -<:4; BAlDWlN -JONES Elizabeth -IOR-<:4
SUbject: I OR-03S9: Request for lnfurmalion on the Status of DetaineesTransferred by tile ca nadian Forces

SECRET CEO

Pursuant to this morning's interdepartmental meeting, grateful for KABUL's assistance contacting appropriate
Afghan authorities for the purpcees of seeki ng Information on the statu s of all detaInees transferred by the
Canadian Forces to Afghan authOrities. In partiaJlar. grateful if Afghan authorities could Indicate if a partiaJlar
detainee has been released. transferred to a third party or if still In Afghan OJstody, the current location of
detention for that particular detainee.

We have a master list of all detainees transferred by Canada to Afghan authorities and will make appropriate
detais available to you shortty for onward transmission to the Government of Afghanistan to facilitate their efforts .

Drafted : IDRIlaporte
Approved: FTAGlBuck

7/04/07
Nov 14, 2007 EV OfAlT 0002 0161
""
 to_
SECRET
RELEASEABLE TO THE GOVERNMENT OF AFGHANISTAN

Detail!!!!! Transferred by the Cenac!lan Fo!'C!!!

Date of locIItlon
C8ptura
Hi-Mar-o

The information on parantage Is provided Is solely for the puposes of assisling in the identifICation of the deta inee

Nov. 14 , 200 7 EV .DFAIT.0002 .0 162 1 of 13

 to_
SECRET
RELEASEABLE TO THE GOVERNMENT OF AFGHANISTAN

Delal"", TransfelTlld by the Canadian Fo rcea

Date of LocatIon Date of
Captura Tranlfer
OJ-Mar Afghanistan 04-Mar
07-Apr nlslan 08-Apr

07-Apr 08-Apr

07..Apr OS-Apr

29-Apf 2G-Apr

21Mpr 2G-Apr

2G-Apr nlstan 2G-Apr

21Mpr istan 21}-Apr

2G-Apr 2G-Apr

2G-Apr 2G-Apr

2G-Apr 2G-Apr

2G-Apr Islan 29-Apf

2G-Apr 2G-Apr

2G-Apr hanlstan 2G-Apr

29-Apf oIstan 2G-Apr

2!}-Apr

Nev. 14, 200 7 EV.DF AlT ,0002.0162 2 of 13

Nov. 14, 2007 EV .DFAIT.000 2.0 16 2 3 of 13
 The Information on parantage is provided is solely for the puposes of assisting in the identification of the detainee

Nov. 14, 2007 EV .DFAIT.000 2.0 16 2 4 of 13

 SECRET
RELEASEABLE TO THE GOVERNMENT OF AFGHANISTAN

Detain... Transferred by the Canadian Forces ~

L_on

Nov. 14,2007 EV.DFAIT.OOO2.0 162 5 of 13

Nov. 14, 2007 EV.DFAIT.0002,0162 6 of 13
 - ---- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Nov. 14 ,2007 EV.DFAIT.OOO2.0 16 2 7 of 13

 --- . _ - - - -----------~-------------------------------,---------------

Nov. 14 ,2007 EV.DFAIT.OOO2.0 16 2 8 of 13

Nov. 14 , 2007 EV.DFAIT.0002 .0 162 9 of 13
 The Information on parantage Is provided Is solelyfor the puposes of assisting In the identification of the detai(Hl8

Nov. 14 , 200 7 EV .DFAIT.0002 .0 16 2 10 0f1 3

 SECRET
RELEASEABLE TO THEGOVERNMENT OF AFGHANISTAN

Detain... Transferred or Released by the Canadl.n Forc:es

Nov . 14 , 2007 EV .DFAIT.0002 .0 162 11 0'13

Nov. 14,2007 EV.DFAlT .0002.0162 12 0f 13
 SECRET
RELEASEABLE TO THE GOVERNMENT OF THE UNITED STATES

Detaln_ Transferred by the Canadian FO~

Date of LocatIon Date of
Capture Tranofllr
20--10n-O Afghanistan 20--1an-O
20--1an-O Afghanistan 20--1a
20--1an-O Afghanistan 20--1an-O
20--1an-O hanistan 20--1a
23-May-o fghanlatan 24-May-o
23-May-o Afghanistan 24-May-o
23-May-o Afghanistan 24-May-Q
23-May Afghanistan 24-M8y-o
13-Jul-o Panlian Guff 14-Jul-O
13-Jul-O Panlian Guff 14-Jul-O
13-Jul-O Panlian Guff 17-Jul-O
13-Jul-O Panlian Guff 17-Jul-O
10--1u NorlhAre ll-Jun-O
S
04-S fghanlstan 11-Sep-O

04-S O4-Sep-O
04-S lO-Sep-O

09-5e Afghani
24-5 Afghani
Afghani

The information on parantage is provided is solely for tha puposes of assisting in tha identification of tha detainee

Nov. 14, 2007 EV.DFAIT.0002 .0 162 13 011 3

 From: PROUDFOOT Douglas Scott -FTAG -04
Sent : May 1, 20076:13 PM
To: GOLBERG Elissa -IRH-GHA-G4
Cc: ANDERSON Cory -FTAG -04: GIBBINSChristopher-FTAG -04: LAPORTE Eric -IDR-04:
POUPART Isabelle -lOR -ce
BECK Stefanie -IOR-e4
Subject: FW: KBGR0267 - Detainees: Meetings with ICRC and UNAMA

FoIlow.Up Flog: Follow up

Due By: May 1,200710:00 AM
Flag Status: Flagged

I should have sent this on sooner- sorry. You'll see that they're hearing in the field the same messa~gave us
today
--C>riglnal Message--
From : · KABUL·GR-C4R
sent: Apr1l30, 2007 10:03 AM
To: PROUDfOOT Douglas SCott·FTAG -c4: BUCKKerry·FTAG-c4
Cc : ALEXANDER Veta -oGD -PCO/BCP -c4R: KANDH -C4R: KANDH -KAF -C4R
Subject: KBOO0267 - DetaInees : MeetIngs v.tlh ICRC and UNAMA

SECRET CEO

We/eave furtherdistribution to FTAG

Ref: KBGR0259 of 21 April. 2007 on UNAMA in the south

Summary: On 26 April, we met with the InternationalCommittee of the Red Cross (ICRC) and UNAMA as part of our
ongoing dialogue and to discuss ways to effectively monitor detaineestransferred by Cdn forces to Afghan custody.

Report: As part of our 0

the Red Cross (ICRC) We also met separately with
UNAMA Chief Human Rights Offtcer Richard Bennett. During these meetings, we soug t CRC and UNAMA views on
=i~.leT~:~:~~~~ ~~ ::~:S~:,;:~o:i:=:~Ptroan~~ferred to Government of Afghanistan (GoA) custody by Cdn
i

Nov 14.2007 EVOFAITOOO2.016 3 t cr a

 UNAMA

11 . According to Richard Bennett, UNAMA's mandate includes monitoring detainees, and UNAMAdoes conduct some
detainee monitoring. Bennett said that UNAMAwill look into specific cases if requested, as well as visit jails and report on
prison conditions. UNAMA'semphasis howeveris on supporting AIHRC and, over the medium term, helping build their
capacityto take on this role.

12. We asked Bennettwhether UNAMA could, in whole or part, monitor detainees transferred by Cdn forces. He said
that capacity is an issue. There is only one intemational human rightS officer,_ in Kandahar; the UN's
security division will not increase the staff ceilin~mm n: For an assessment of UNAMAsecurity consideration, pls
see reftel.] Bennettwas unsure as to whether rrentty even visits NOSfacilities. In Kabul, the operational Human
Rights Office staff - as opposed to the UNAM uman Rights office staff - numbers only three, so here too there may be
resource issues, said Bennett.

13. Bennett said he would however make enquiries as to whether UNAMA could possiblytake on such a role. The next
day, on 27 April, he emailed us to inform us that, -After conskieration, I do not think UNAMA will be In a positionto
systematically monitor detaineestransferred to Afghan authorities by Canadian forces. We may be able to follow up on
Individual cases should you have cause for concern, provided we have access to the relevant place of detention. I agree
that it may be advisable for the Canadian govemment to deploy its own monitors in Afghanlstan.-

15. He asked about Canada's policy

in that regard. As there is no declared war, detainees are not technicallyprisoners of war; should Insurgentsin our view
be put through the Afghan c:r1mlnal justice system? We said we did not know but would make enquiries and get back to
him.

Nov 14, 2007 EV OFAIT OOO2.0163 2013

 -- ----- -- - - - - - - - - - - --,

Drafted: Colvin
Consulted: Bloodworth
Approved: Lalani

Nov. 14 , 2007 EV.DFAIT.OOO2.0163 3013

 • PROUDFOOT Douglas Scott -FTAG -DFA -C4

From: PROUDFOOT Douglas Scotl-FTAG -C4

Sent: April 26, '1fX)7 9:29 AM
To: KABUL -GR -C4R
Cc: MULRONEY David -DMA -C4; SHAPARDANOV Christopher -USS -C4; BUCK Keny -FTAG -
C4; ANDERSON Cory-FTAG -C4; NDHQ OTT 0 NATO POL -C4; NDHQ +CEFCOM J9-
C4R; NDHQ OTT ADM (POL) -C4; NDHQ OTT DGIS POL -C4; Privy Council Office -C4R;
CIDA·Afghanistan oC4R; CIDA-e4R; Privy Council Office I Foreign & Defence Policy -e4R;
Public Safety & Emergency Preparedness ..c4R; Correctional Services -BH; Royal Canadian
Mounted Police Head Quarter -C4R; SWORDS Colleen -IFM -C4; POUPART Isabelle -lOR -
C4; LAPORTE Eric -lOR -C4; PROUDFOOT Dou91as Scott -FTAG -C4; KABUL -HOM -C4R;
KABUL -GR -C4R; NDHQ +CEFCOM J9 -C4R; NDHQ OTT ADM (POL) -C4; ANDERSON
Cory -FTAG -C4; COOTER Chris -8NATO -GR -C4; KANDH -C4R; KANDH -C4R; KANDH-
KAF -C4R; NOLKE Sabine .JLH -C4 ; GOLBERG Elissa -IRH-GHA -C4; ROBERTSON Jamie
-FTAG-C4
Subject:: flDetainees: I

CONFIDENTIAL CEO

Please find attached the documen

..
Please disregard previous message

-QrigInal MessaQe--
From: BUCKKeny -FlAG-e4
sent: AprIl 25. 2007 2:01 PM
To: ANDERSON Cory-FlAG -ce NDHC on 0 NATO POL -01 : NQHQ +CEFCOM J9 -e4R: NDHQ OTT ADM (POL) -ce NDHQ
OTT DGIS POL -e4; Privy CouncIl Otnce -e4R; elOA -Afghanistan -G4R: elOA -e4R; Pffvy COuncil 0tI\c:e I Foreign &
Defence Policy -e4R : PLblIc safety& Emergency Preparedness -e4R: Correctional s.vIces -8H ; Royal canadian Mounted
Pollee HeadQuarter -e4R
Cc: PROUDFOOT Douglas SCott -FlAG -e4 : MULRONEY David -DMA.c4; SHAPARDANOV Christopher -USS -C4
Subject: RE: KAF097: The perspective of the NOS on the G&M ArtIcles

--Ql1g1na1 Message .
From: ANDERSON Cory·FlAG -e4
hnt: April 25. 200712:05 PM
1

Nov, 14. 2007 EV.DFAIT.OOO2.0164 1 of 4

 , To: NDHQ on 0 NATOPOl-eA: NOHQ +CEFCOM Jg ~ NOHQOTT ADM (POl.) ..c4; NDHQ OTT DGIS POl..c4: Privy
Cou'ICll 0I'I'ice -e4R; ClDA -Afghamtan ..c4R: ClDA..c4R; Privy COu'lCiI 0I'ficI!I ' Foreign & Oefwloe PoIlcy ~: Pl.bIic
safety & Emergency ~ -e4R: CorTectionaI 8erW::es · BH; Royal Canadian Moonted Pcice Head Quarter·
C<R
Cc: BUCK Ken)' -FTAG -C4; PROUDFOOT Douglas SC::ot1-FTAG -ce MUl..RONEV QaWj -OMA .c4
-..-'
SECRET
....
SubjKt: FW : KAFOIl7: The p~ of 1he NOSon Ihe G&M ArticI8s

PeO , 10< CartwrighUSlnclarlDavislAJexander

DND, 10< CDSlGauthieflDeschampslRigby/GoseIiniAnder$On
CIDA: for GreenhilVTselHalllhan
CSIS, lor Judd
PSEP: for HurtubiselMaclaren
esC: for Cou"er
RCMP, 10< BeerlMartin
--01gInII ....... age
From : KANOH -¥oN--e4R
sent: AptI25. 2007 11:26 AM
To: BUCKKMy-FTAG-e4
Cc: MUlRONEY David -OMA..(;.4; SWORDS CoIM"l1FM -ce POUPART IUbeIe .. OR -C4; LAPORTE Eric .. DR-ce PROUDFOOT
Douglas seee -FTAG -e4; KABUL -HOM .(;4R; KABUl -GR -C4R; N)HQ <tCEFCOM J9 -e4R: NOHQ OTT ADM(POl)
-ce ANDERSON cay -FTAG-ceCOOTER Chis -sNATQ -GR -C4: KANDH-C4R
Subfed.: KAF097: The Perspectlve of the NOS on Ihe G&M Artldes
Impon.nc:e: High

SECRET CEO

Apri l 25, Joint Task Force- Afghanistan (JTF-A) requested a meeting with
the NOS for the province nfKandahar. The meeting was chaired by BGen.
Grant. POLAn and other members of the command cell were also in attendance. Theobjective of the
meeting was to discuss: I) recent allegatinns that prisoners have been tnrtured by Afghan security
nfficials after being transferred by the Canadi an Forces (CF); 2) complaints by representatives of the
Afghan Independent Human Rights Commissinn (m C) that the NOS bad restricted or denied acoes s
to some of its detention facilities. The meeting lasted approximately 40 minutes.

2. Our conversation with ~ a number of questions, some of them casting doubts on the
allegations brought forward by Graeme Smith in his Globe and Mail (G&M) articles:

3. In "From Canadian Custody into Cruel Hands", publisbed on ApriJ23, Smith quotes a man called
Sadullab Khan, who, be claims, is the Kandahar NDS Chief. This came as a surprised to the command
cell of JTF-A as none ofus bad ever beard about this individual. We asked - ,bo was Sadullab
Khan. He told us there was nobodyby that Dame working for theNDS in Kandahar.

4. In "Detainee Watchdog" , which appeared on following day, the cbiefinvestigator for the m c in
Kandahar, Amir Mohammed Ansari is quoted as saying that the NOS does not allow the m c to
visit its detention facilities. ~enied this and said the AlliR C had always been free to visit. He
also added that since the NOS was giving free access In the Internatioual Committee for the Red Cross
(JeRC), there was no reason for his organizatinn to deny access to the m c, especially since the
latter's mandate was guaranteed b theAti an Constitution. He wenton to say that the JeRe had
regular contacts with the NOS , and that they bad never experienced
any problems accessing their faci I ow the JCRC in, but not the mC?",
be rbetorically asked .

EV DFAlT.0002.0164 2 ~'
NtN '''. 2007
 •
6. We then specifically asked _ f h e , or, to the best ofhis knowledge, anybody else in his
organization, had ever been contacted by the All-IRC with a viewto express concerns about lack of
access to NOS facilities. Hementioned that be wasnotaware of any such complaints. ~en
pointed out that the AlHRC can lodge a protest to Kabul if the NDS does not allow it to do its job; it
appears it never did so . Finally, he also mentioned that Engineer Abdul Quadar Noorzai, the head of
the Kandahar office of the AlliRC, had never tried to contact him directly to express anyconcerns. In.
fact, they do not even know each other.

7. Incidentally, it should be noted that Canadian officials have repeatedly told Engineer Noorzai over
the last few months that Canada stood ready to facilitate visits to NDS detention facilities in the region.
This offer was repeated by Minister O'Connor himself on March 14 during his visit to Kandahar. Yet,
Engineer Noorzai never requested our help . When PRT staffrenewed this offer, Noorzai indi cated that
her preferred to try to solve any diffieul ty through informal ehannels first before seekin g outside
assistance. He further indicated that the challenges faced by the AlHRC were more likely theresult of
than broader and more serious policy concerns. As a result,
1 came as a surpnse to many 0 us wen s staff went public with the G&M.

8. On numerous oecasions during our exchange, ~ngly denied that prisoners under NDS
custody were being tortured. He also specifically discussed the cases of the four indi viduals who,
according to Graeme Smith in "From CAnadian Custody into Cruel Hands", have been mistreated after
bein g handed over by Canada to Afghan authorities.

• :_ said that an individual by that name is currently in the custody of the

NDS. He claimed that this has been involved in the planning of 45 suicide
attacks. Since evidenceagainst him is overwhelming, even themost zealous of interrogators

_s
would never'bave needed to retort to torture or beatings. _ was in fact well treated
and is currently in jail in Kabul . Anybody is welcome to go visit him to double-check,
[C ommea t: our records show that three individual s with that name have been transferred hy the
CF to Afghan authorities. The discussed by probably not the one that
Graern e Smith interviewed]

• - Again, ~enied this person had been tortured. He claimed that in faet, _
~Iy admitted early on to being a Taliban. [Commeat: Graeme Smith said that _
in NOS custody. Based on the modus operandi of the NOS, this may nothave
been possible . _ explained that within 72 hours, the NDS must transfer a detainee's file to
the office of the AttorneyGeneral, a special deparbnent of theNOS which, in turn, mustprocess
the file within 30 days. After that, the Ministry of Justice (MoJ) takes over the case. Thus, at
least in theory, it seems a detainee cannot spend morethan one monthunder NOS custody..
Although there are exceptions to this rule, they are unlikely to have applied in the case of _
While in NDS or MoJ custody, all prisoners are detained at Sarpoza prison in Kandahar city.]

• _ had little info to provide on this individual. He said he was captured with
material, more than two years ago, before took up his position as NDS
[Commeat: our records show that the CF handled three indi vidual s named _
the first on _ 2006, the second o~ 2006 and the third ~ 2006. The
person Graeme Smith interviewed was most likely one of the first two.]

• ~d NOS records make no mention of this individual.

Om.meDt: according to our reco~was taken by the CF in _ 2007 and then
3

NOlI. 14.2007 EV.DFAIT.OOO2.0164

 • handed over to the NDS].

9. Ne.t Steps: In order to seeklii 'fications on the difficultiesfaced by the AlliRC in its relations with
the NOS , we have proposed to that a m~be organized between both organizations. Ibis
informal session would be chaired by JTF·A. _ agreed to participate. We bave already coiinta.cted.
Noorzai to impress upon him the need for a frank, albeit infonnal discussion on the difficulties,
_ which have been brought to light by the G&M articles. He too agreed to the idea of a
trilateral meeting. We hope to hold it as early as possible. The PRT will meet with Noorzai tomorrow
morning, at 10:00, to follow up.

Drafted : KAFlLaflamme
Consulted : J2ILebianc, J3/Bradley
Approved : BGenGrant

MartinLaflamme
Political Advisor to the Commander
Joint Task Force-Afghanistan

Kandahar Airfteld

Nov 14, 2007 EV.DFAIT.OOO2.0164 4014

 1

Nov 14, 2007 EV.DFAIT.OOO2.0165 1 01 2

 ------------

Nov. 14, 2007 EVOFAITOOO 2.0 165 2 012

 •
PROUDFOOT Douglas Scott -FTAG ·DFA -C4
F~ : ~DH~R
@~ .)-.
Sent: March 25. 200710:18 AM
To: ANDERSONCory-FTAG~
Cc: ~DH -KAF ~R; PROUDFOOT Douglas Scott -FTAG -ce
BECKStelanie-lOR -ce
POUPART Isabelle -IDR~ ; LAPORTE Eric -IDR~; FAIRCHILD David -FTAG -IRP~ ;
ARBEITER Richard -FTAG -C4: KABUL -HOM ~R: KABUL -GR ~R; GILMOUR Werdy-
FSDN -IRP~ ; NOLKE sabine -JLH~ ; GOLBERG Elissa -IRH-GHA~; EXTOn -
FTAG~ ; CCATS; NDHQ on ADM (POL)~; NDHQ on DGIS POL~; NDHQ on
SJS~; NDHQiiOiiniiDiiNAiilTOiiPOiLi~iiii
KANDHOO13-
; NiDiiHiiiQ.+CiiE.FCOii,M J9 ~R
Subject:

SECRET CEO

Please pass to:

CEFCOM J9/Duschner/Carter
DNATO POUBos

Ref FTAG 0060. 15MAR07

1. For the past week Engineer Noorzai of the Afghan Independent Human Rights Commission has been travelling(first in

• I ; ~
..
the south, then to Kabul), and he is not due back in Kandahar for several days. As a result, we have not yet been able to

• -I' ·J·

4. In light of the above we have increased the relative prioritywe are according to esc engagement with the NOS.

KANDHlBuchan .
Consults: CSC/Garwood-Filbert

-OrigInal Message
From: ANOERSONCory-FTAG-e4
Sent: Mard'l15. 2007 12:02 AM
To : KANOH-e4R
Cc: KANDH-KAF -C4R; PROUDFOOT Douglas 500tt ·FTAG.c4; BECK Stefanle ·IOR -04; POUPART lubelle -lOR -01: LAPORTE
Eric-lDR-e4: FAIRCHILD David -FTAG ·IRP -ce
ARBEITER Rlc:hard .fTAG -ceKABUL -HOM -e.4R; KABUL -GR.(;4R;
GILMOUR Wendy -FSDN -IRP -ce
NOLKE Sablne.JLH -e4 ; GOLBERG Elissa-lRH-GHA.c4: EXTOTT-FTAG.c4;
CCATS .
Subtect FTAG0060: AIHRC access to prison faciMties In Kandahar province

SECRET

Gavin.

Nov. 14 , 2007 EV.DFAIT.0002 .0166 1012

 We would be grateful if you could investigate
and advice whether we can be of assistance on this end.
Thanks.

FTAG/Anderson,

Nov. 14, 2007 EV.DFAl T.00020156 2012

 • PROUDFOOT Dou las Scott ·FTAG -DFA·C4
From: KABUL -HOM -<:4R
Sent: AprIl 9, 2007 8:13 AM
To: EXTOTT-FTAG -(;4
Cc: PROUDFOOT Douglas Scott -FTAG -(;4; SWORDS Colleen -IFM -(;4; MULRONEY David-
DMA -(;4; BUCK Keny -PID -(;4
Subject: KBGR 0243: Allegations of abusa of detainee.

SECRETCED

REF: Your tal FTAGOO88 AprIl 4, 2007

Sproule

--original ~
From: KABUL -HOM-C4R
sent: ApI1I 8 , 200 7 11:09 AM
To: EXTon -FTAG -C4
ce: PROUDFOOT Douglas Scott ·FTAG -c4: SWORDS COlleen -IFM -<;4 : MULRONEY 0811k1 -DMA -ce BU CK KtIfT)' -PID -C4
Subject: KBGR 0240: Allegations of abuse of detalnees

SECBETCEO

Sproule

PS Have received reports from KAF of the deaths of six Cdn soldiers in Kandahar eartiertoday. We are seeking more
information.

Nov. 14, 2007 EV.DFAIT.OOO2.0167 1 012

 PROUDFOOT Douglas Scott ·FTAG ·DFA-C4
From: KABUL-HOM -C4R
Sent: Apri 6 , 2007 11 :20 AM
To: PROUDFOOT Douglas Scott -FTAG-C4
Cc: EXTOTT -FTAG -C4; SWORDS Colleen -IFM -C4; MULRONEY David -DMA -C4; BUCK
Keny -PID -C4
Subject: RE: FTAG 0088: Allegations of abuse of detainees

Follow Up Flag: Follow up

Due By: April 11, 2007 9:03 AM
Flag St8tus: Flagged

SECREICEQ

ds
-4lglnaJ Message
From: PROUDFOOT Douglas SCott ofTAG -C4
sent: AprIl 5, 2007 5:49 PM
To: KABUL-HOM -e4R
Cc: EXTOTT -FTAG -<:4: SWORDS Colleen -lFM -C4; MULRONEY Oav\d·DMA -e4; BUCK Kerry -PID-e4
SubJect: FTAG0088: Allegations of abuse of detainees

SECRET CEO

We have just leamed that a Canad~n investigativeJournalist in the field may be receiving allegations from former
detainees of abuse while in NOS custody. Specifically, the allegations are of abuse or torture (electrocution) at the
hands of the NOS. Separate from this. there are also indications that Canadians may have been present during
Questioning of detainees by NOS. This message is to put you on notice that we will very likely be coming back to you
with requests for more formal follow-up once we get clearer informationon the allegations of abuse.

2) Inform us if you have receive any Information regarding specifIC instances of abuse
other interlocutors.

Drafted and Approved: Buck

Nov, 14. 2007 EV.DFAIT.0002,0 167 2012

 ,
NOLKE Sabine .JLH -C4

From: NGUYEN Mi · IRH -G4

Sent: OCtober 16. 2006 10:16 AM
To: GENEV -GR -G4; KABUL -GR -G4R; KANDH -G4R; KANDH -KAF -G4R ; BNATO -G4; NDHQ OTT D
NATO POL -G4 .

Cc: SWORDS Colleen ·IFM -G4; EXTOTT ·IFM -G4; ADLER Jeremy · IFM -G4; ASHBY Jasmine ·IFM -G4;
KESSEL Alan ·JFM -G4; EXTOTT ·JFM -G4; SMALL Michael-GFM -G4; EXTOTT -GFM -G4; McRAE
Robert -100..(;4; BECK Stefanie -lOR -C4; POUPART Isabelle -lOR ..(;4; EXTon -1RD..(;4;
GOLBERG Elissa ~IR H-GHA -(;4; NGUYEN Mi -IRH ..(;4; NOLKE Sabine -JLH ..(;4; ARPIN Dominic-
JLHA -G4; EXTon ·JLH -G4; EXTOTT -FTAG -G4; PROUDFOOT Douglas ·FTAG -G4; ARBEITER
Richard -FTAG -C4 ; AHMAD Nadia -FTAG -c-.HEtNBECKER Yasemin -FTAG -C4 ; FAIRCHILD
David -FlAG -IRP -C4 ; LAKER Marina -IRP -c-.LAVIGNE Michel-IRP -e4; HERA Tudor -IRP..(;4;
BURGESS Anne E ·BNATO -GR -G4; PINNINGTON Phil-BNATO -GR -G4; COOTER Chris -BNATO·
GR -G4; BNATO ·HOM -G4; CORMIER Terry -GENEV -GR -G4; AMEGAN Karim -GENEV -GR-G4;
ADSETT Hugh ·PRMNY -GR -G4; HULAN Heidi ·PRMNY -GR -G4; BUTT Jessica ·PRMNY -GR-G4;
KABUL ·HOM -G4R; ISFELD Pamela ·FSDN -lRP -G4; BUCHAN Gavin ·DST -G4; EXTon ·NAD -G4;
EXTOTT · ISD -G4; CCATS
Subject: IRH0345: REPORT - IFM meeting with (eRC President Kellenberger on detention issues, Ottawa, 26
Sept 2006
CONFIDENTIAL

For KABUL: Please forward to Richard Colvin and Catherine Bloodworth

For DNATO POL: Please forward to Col. N. Anderson, M. Bos, J. Stone· Please forward
to JAG
For DPK POL: Please forward to S. Smith

Ref. Report IRH0344 (13 Oct 06) on SIGNET

'RH0345: REPORT -'EM meeting with ,eRe President Kellenberger on

detention issues, Ottawa. 26 Sept 2006
On 26 September. IFM hosted a meeting with Dr. Kellenberger, President of the Intemational
Committee for the Red Cross (ICRC) on detention issues in Afghanistan and Guanlanamo
Bay. The restricted meeting included representatives from DFAIT (IRH-GHA.JLH, lOR. FlAG)
and DND (DNATO POL. JAG). In her opening remarks, IFM retterated the importance Canada

,--.'. .. .
attaches to its relationship with the ICRC and 10 effectively and cooperatively addressing

4/18/07
Nov, 14. 2007 EV,OFAIT,0002.0168 1 013
 ,
Page 2 of 3

4/18/07
Nov. 14.2 007 EV.DFAlT.0002.0 168 20f3
 Page 3 of 3

Drafted: IDRILaporte, IRH-GHNNguyen

Consulted : IRH-GHNGolberg, JLH, DNATO/POL
Approved : IFMlSwords

4/18/07
Nov. 14, 2007 EV.DFAl T.00020168 3013
 PRCUDFOOT Dou las Scott -FTAG -DFA-c4
-
From: KANDH -C4R
Sont: June 2, 2007 12:35 PM
To: KABUL -HOM -C4R
Ce: KABUL -GR -C4R; KANDH -KAF -C4 R; GIBBINS ClYis topher -FTAG -C4 ; BORLE CjriI -
FTAG -C4 ; BUCK Keny -FT AG -DFD -C4; GOLBERG EJ;ssa -IRH-G HA -C4 ; LAPORTE Eric -
lOR -C4 ; MULRONEY David -DMA -C4 ; ANDERSON Cory -FTAG -C4; PROUDFOOT
Douglas Scott -FTAG -DFA -C4 ; CHOWDHURRY sanjeev -FTAG -DFB -C4 ; OOBNER Gall ~
-FTAG-C4
Subjec:t: AGENDA - Eric laporte TO 10 KANDH

Arif,

Please find below the current schedule of activities for the duration of Eric Laporte's visit to KANOH. The schedule is
based on the visit Intent (attached), which inctudes:
• transfer/release procedures and DFAIT's role and Interaction with CF

• transfer of m inorsljuven lles

• post-transfer follow-up of odn-transferred deta inees

• A1HRC access Issues

DRAFT AGENDA (CUl1'Wlt .. of June 2)

June 3

11 :30 - T ransfer eM to KAF (wilt be met by Martin Laflamme)

12 :00 - 13:00 - Lunch wi1I1 KAF POlAD and CF 0 0 _ LO·

13:00 - 14:00 - Meeting wi1I1 JAG

14 :00 - 15:00 - Meeting with Provost Marshall

15:00 - Transfer KAF to KPRT (convoy timings will be coordinated on th& ground)

16:00 - 17:30 ~ Executive Time

17:30 - 18:30 - Supper (back_flng with KPRT Directors)

18:30 - Execu tive Time

June"
09:30 - t 1:30 - Briefing wi1I1 KPRT LEGAD and esc

11:30 - 12:30 - Lunch

13:00 - 16:00 - VIS ~ to Sarposa Prison

JuneS

TBD - Meeting wi1I1 A1HRC (will be based around Workshop)

TBC - AIHRC Wor1<shop (LEGAD to confirm)

JuneS
1

Nov, 14, 2007 1 of 2

 10:00 - 11:00 - Meeting with ICRC

11:30 - 12:30 - Lunch

13:00 -16:00 - Visn to NOS

June 7

10:00 - 11:00 - Meeting with UNAMA HumanRights OffIC8l'

11:30 - 12:30 - Lunch

15:00 - Transfer to KAF (Martin Laffamms to arrange pick-up androom)

June'
TBO - Transfer KAF to CM

NaY. 14, 2007 EV.OFAlT 0002.0 169 2012

 ·
,

PROUDFOOT Douglas Scott -FlAG -DFA -c4

From: GIBBINS Ctvistopher-FTAG-C4
Sent: May 11, 2007 1:53 PM
To: MULRONEY David -ow. -C4
Cc : BUCK Keny -FlAG -C4; lAPORTE Eric -lOR -C4; ANDERSON Cory -FlAG -C4;
PROUDFOOT Douglas Scott -FlAG -C4; EXTOTT-DMA-C4
SubJec:l: FW: Status Update: Detainees mentioned In media stories

SECRETCEO

Detain. . Information Gathering Process

The details provided in the message below. concerning those who were identified by name in the Graeme Smith article
were determined. by CEFCOM offICials in Kandahar. by Q'Oss-referencing namesand details which appeared in the
article. with the list maintained by Canadian Force s of detainees transferred by CF to Afghan authorities. and with lists of
detainees mainta ined by NOS officials.

2. Additional follow-uphas involved KABUL's contacting Af~ authorities to seek information on the status of
detainees tran sferred by the CF to Afghan authorities; providing Afghan authorities with a CF compiled list of de tainess to
the ANA. AN P and NOS to fac ilitate their efforts; translating from Pashtu a list provided by NOS In Kandahar. of
outstanding NOS cases and, once translated, cross-referencing that list with the list of detainees transferred by Canada.
Finall y, WSHDC has been tasked to co ntact US authorities to seek information on the status of detainees transferred by
the CF to US authorities.

3 Furth ermore on May 1 2007 a letter from the Government of Canada was delivered to the Foreign Minister of

,Ig.
--()l'fgInaI ....
From: GIBBINS Oristopher .fTAG-C4
hnl: M8y 11, 200712:03 PM
To : MULRONEY DavId -OMA-e4
Cc:: BUCK Kerry -FTAG..(;.4; LAPORTE Eric -lOR..(;.4; DESROCHES awtsbn .fTAG-C4
SubjIIc:t: FW : Status Update: DetainMI mentlonlld In media stories
Import.-.c:e: High

SECRET CEO

Indlyjduals who ct.lmed to haY. been detained by the Canadian FOrcel, .. published In G,.",. Smith's April 23
and April 24 sto ry In the GIobe.m:J IIaII

Two artides by Graeme Smith, published in the Globe & Mail on AprI23 and 24, klentify a nu mber of Afghans who d aim
to have been detained by the Canadian Forces and transferred to Afghan custody. They all claim to have been mistreated
while in Af~n custody. Both articles are attached.

See below the sta tus of CEFCOM's fact-dlOdOng of Individua ls claiming to have been detained by CF.

The following individuals were cited In the G&M stories . Cases 1 through 5 are ctted in the April 23 article.
Cases 4 as well as 6-1 1 are featured in the April 24 article.

2) Gul Moh.mmed, 25
1

Nov 14.2007 EV DfAIT 0002.0170 '~ 2

 •
•
3) Sherin, 25
•
•
4) Abdul Wall, 23
• Claims he was detained by eF, held for questioning over2-3 hours in the back of an armoured vehicle. and then
f IT AN?
•

5) Hoor Mohammed Noorl . 44

• . .. Ij.: lr-_' • • • -
•
•
6) Abdul Ghatar, 28
_Claims he was detained by CF during the summer of 2006and transferred to AN?

9. Mohammed Ashraf. 37.

• _ Claimsto havebeen detained by US special forces

Consulted: CEFCOMlMike Carter

Nov 14, 2007 EV.DFAIT.OOO2.0170 2012

 Page 1 of 2

PROUDFOOT Douglas Scott -FlAG ·DFA-C4

From: lAPORTE Eric -lOR -(;4

Sent: June 22. 2007 4:18 PM
To: GIBBINS Christopher · FTAG -C4
Cc: BECK Stofanie -lOR -(;4 ; ANDERSON Cory -FTAG -(;4 ; BORLE Cyril -FTAG -(;4 ; PROUDFOOT
Douglas Scott -FTAG -DFA-(;4
SubJ-ct: Detainees - 26JUN Interdepartmenta! Meeting
1 m _:High
SECRET CEO

Christopher.

Sorry for the delay. As requested, please find below and attached my contribution for DMA's June 26
Interdepartmental Meeting on detainees. Please note that the SOPsand the two Annexes attached are In track
change mode, Also, I have not yet been able to convert ~An nex A - Sample Qu estions~ into an interview sheet
but will endeavour to do so over the weekend. Let me know if you need anything else or require any
datiflCations. On your note, only one minor change with respect to the first line - I am with lOR and not/not IRO.

creees.
o

-
OUTSTANDING ISSUES

1. Frequency and Scope of Follow-Up Vl.tts

DFAIT re presenta tives have sought to visit .all and interview privately the maloritY of detainees transferred
following the conclusion of the May 3 Supplementary Arrangement. Such visits were regularty conducted within
43-72 hours of the detainee being transferred to NOS authorities. It has been suggested that earty foIlow-tlp vlslts
be incorporated as part of the SOPs for all detainees transferred as this is generally believed to be when the
individual is at most risk of being abused.

Visiting and interviewing alVmost detainees early on following their transfer on an Ofl-iPng basis will
likely considerably increase the burden on Afghan and Canadian authorities. Moreover, regularizing such visits
could unduly risk eroding the value and utility of conducting unannounced periodic visits (i.e . if a pattern of abuse
exists, it might simply shift the time when such abuses occur).

2. Length and Dunltlon of Detain. . MonltortngIFoflow-up

Questions have arisen with respect to when DFAIT personnel would cease conducting follow-up activities on the
condition of detainees transferred by the CF (e.g. initiation of cou rt proceedings. sentencing or completion of
appeals). Each impact the length and possible engagement of foIklw-up to be conducted by Canadian offICials.
For a full discussion on the -pros- and -cons- of each option. please refer to Options Paper (attached). In
recognition of Afghan sovereignty and ultimate responsibility for detainees transferred to Afghan authorities, it is
proposed that the DFAfT pcst-uanste- responsibilities cease upon the initiation of Afghan court proceedings or
cessation of custody. This is consistent with the terms of the May 3 Supplementary Arrangement which stipulates
that Afghan authorities would inform Canada of the initiation of court proceedings for detainees transferred by the
CF. This may expose Canada to criticism, particularly if judicial proceedings do not respect international
standards of due process. In such instances, Canada's efforts would be focussed on broader capacity·building
efforts in strengthening the justice and corrections system.

3. P,.,A,rrangement -Forenak:- Follow-up

Recent efforts to ascertain the material status (custody or release) of detainees transferred by the Canadian
Forces prior to the ooncIusion of the May 3 Supplementary Arrangement (sinoe 2002) have yielded incomplete
results .

7/04/07
Nov 14.2007 EV OFAlT.0002.0171 ,ot ,
 Page 2 of 2

DFAlT has requested an update from Afghan authorities on the status of aU detainees transferred to the Afghan
National Army • Afghan National Pol ice _ or the National Directora te for Security • by the Canadian
Forces since January 2002. Similarty . DFAiT"'"has also requested the same from the US on the ~inees
transferred to US authorities between To date, DFAIT has received
~nse~han and US authorities. Of the tainees transferred to the NOS between
_ _ _ and ~. have been released_ have had their cases submitted to the Ministry of
Justice for consideration and ~re presentty unaccounted for at this time. We have not yet received response s
from the Afghan National Army or Afghan National Police on the status of detainees transferred to those
organizations . n dividuals). KABUL and WSHDC continue to work with Afghan and US authorities to k1entify
information on all remaining detainees transferred by the Canadian Forces.

However. Afghan records, as well as our O'Nn, contain in some instances too few or faulty Identifiers to adequatety
track the whereabouts of ind ividuals transferred. Continu Ing to ask Afg han authorities for this informati on wi ll
likely prove unfruitful and energy intensive (may req uire a forensic review of Afghan records).

".OalaibaH
A data base which Is useable and accessible (readlwrite) by KAF , KPRT, KA BUL and -readable- by setected
Ottawa addressees (OFAIT and NOHQ) is req uired as a mailer of priority. The cu rren t Excel spreadsheet ls
ins ufficient in terms of availab ~ ity of information and its ability to share information amo ng key stakeholders.
Establish ing a proper database would be a key tool in tracking the known status of CF-transferred detainees and
in keeping centralized records and reports of individual facilities visited and detainees intervievted (despite staff
turnovers).

The CF have an established MS Access database whtch tracks information relevant to the detainee's handling
and treatment whi le in CF custody. Th is system is operating on OND's own TITAN secure network. Ideally, it
would be useful If the Go vernment of Canada ma intained only a singl e database to track the handling and post-
tran sfer follow-up for deta inee s tran sferred by the Canadian Forces. It remains unclear at th is point ,
however, whether that databa se could shared acro ss C4 (DFA IT) and TITAN (DND) secure networks.
Neverthe less , selected fields used in the DND database.need to fig ure in DFAJrs post-transfer database. DFAIT
will need to pursue this issue vigorously in the ooming weeks.

TPs for acenario note

SOPs

• Over the past cou ple of weeks, we have been activ ely putting into practice our SOPs on post-transfer
fol low-up measures for detainees.
• With the help of DND and esc, we have co nducted a number of post-transfer visits to Afghan detention
faciliti es in Kandahar and In Kabul and have Interviewed a several (14) Canadian-transferred detainees.
• As part of our implementation of the SOPs, I asked B issa Golberg and Eric laporte, both of whom
travell ed to Afghanistan, to assist KABUL, KAF and the PRT with putting into practice the SOPS.
• Overall , I can sa y that we are ge nerally satisfied with how these are Vt'Orking in the fiel d and how they are
guiding ou r efforts. Tha t be ing said. they have come ba ck with a number of recommendations for
improving the SOPs further . Some are minor, others have been incorporated to renect the rea lities on the
ground whne others stiRto take into account individ ual departmental mandates and responsibilities.
• I will ask Eric to run ttvough these nOW".

7/04/07
Nov 14.2007 EV DFAiT 0002.0 171 2~2
 ANNEXC

Nov, 14. 2007 EV.DFAIT.OOO2.0172 1 of 12

Nov, 14. 2007 EV,OFAIT,0002.0172 2 of 12
 ••• ~,;:-
c.::: =~e::.;.~ca.:,. SECRET CEO
I ~ ~.O.Q'?: . .-{CD
" ""_,,d:,,'''''
'''- --'

ANNEXB

Nov 14, 2007 EV.OFAlT.00020172 30112

 2

Nov. 14 , 2007 EV.DFAIT.OOO2.0172 4 ot 12

 =-...:-::t=..~c.:... SECRET CEO
2007.06..20
Rev.9.1 NOTAPPROVED
tncorporates decIsbns from 2007.06.19 meeting re: Red (2007.06.05) by 10R/l.ap0f\e
(deletioas 10Re¥.9 .edouble srriteoul, Mlditioas.e hiabliPted aad..clertiDed)

POST TRANSFER FOLLOW-UP IlEASURES FOR DETAINEES TltAHSFERRED BY THE ~

FORCES IN AFGHANISTAN

STANDARD OPERATING PROCEDURES

L IfJRODUCllON

~~~:~~= .~~~=:=:~~: .~._ -{r.~.~'s~'====:::J

transferred by the C8nacIian Fon:es i'l Afg~ p.nuanI to the ~ 18, 2005 ArranQement c:onckJded
between canada and Afghanistan and the suppIemellt to that Analg8lTl8nt condudedon MIl)' 3,2007. With.
..
viewto in prove their impiementation, the SOPs wil be I1lQUIar1y ~ based on pracIicaI expeiellCe and
lessons Ictentified. As such, the SOPs sholAd be W!wed as pert of an iteratiIo<e process whic:tt can be adjusted to
respond to new requirements as required.

2. While eeee SOPS ~ on the specH'Ic context of post.lr1InsfeI'" ~ measures. the coMldMltions
mentioned herein Voill lllso provide useful guidance to those charged with the decision Ie transferdetainees.

IL ROLes AND RESPONSlBtUTlES OF AFGHAN GOVERNMENT AUDfQRmES AND tNSTITVDONS

3. The Govemment of Afghanistan, as stipulated i'l the January 2006 AfgM1istan ~ Is corrmltted to the
protedIon and promotion of rights pt'O'o'ided rot i'I the Afghan constitution Md tRW appIiClIbIe 1ntemlItionlI11aw,
ncluding the ntemationeI human rights CllMlNlnI:s;nj oIher Instn.rnents m..,YlNch Alghaisla' ls. P8rtY.

4. One of c.ada's roles In Afghanistan Isto assist the demOCI8ticaIy ~ GcMllrnmllnt d AfghInistlrI to
wid indigenous justice and secuity sector capabIities. For this reason. CMadia'l post-tranDer foIow.tJp
actMties are meant to oompIement existhg and futLI'9 Afghan ~i:ies to fIlClIVIDr the antitions of d_"'''''''~."
''
01individuals transfen'ed by the CMadian bees. This i'IcIudes recogrWtion 01 and a deSireto support the
Afghan!mn Independent Human Rights ComrrissiOn'. (AlHRC) constitutional role to conductnational human
rights monitoring and to Il1YlJ$tigate ht.man rights violations when these OCCIS.

II. ROLE OF ALUEa AND IHIEANATIONAL PARJ14EBS

~~=~'~~~~=~:;~ -~~-=tt .~-.-, , ·'iOD~'! '! t~s====:J

Afghan capacities 10 ensure tunane trutment. monitoti'Ig IIl'ld tr1IIc:mg of detainees.
rv, COMPLEMENTARY CANAQWt ROlES AHD RESPQNSIBIJIJES

6. The Canadian Forces are responsIlte for the detelltioo d hdMduaIs captured duing the COLne d opel BIiol.
In ~hanlstan. In this respect. the SOPs artiQ.Nted in tIW document are not lnlended to reptaoe existing

=~~~~;~~~=~~-(~-~~~-~'~~~'~_._'-" --~}_'~'~'~'~'AS~==~
7. The Department of Foreign Affairs and Intemational Trade (DFAlT) will be responsiblefor post-transferfol~ . . . .
, ~ T1l11 wIIntof
lnc.....
thlo ..,
up of detainees transferred by the Canadian Forces. .
' ~ al ~
8. DFAIT 'WUI regularly share with the Canadian ForceS Its reports ~rding the conditions of the fac:iIlties holding , .....rd.....--tonth
detainees tTansferTed by the C8nadian FOf08S and the conditions of detainees tl.lSfemld by the c..etia'l ,, c.n.dIen '0_
til AIgIwo
-..holtIIMOl'tIl1PlCl1c
Fortes, the result of foIow.lC)visis by ~ persomeI and ptanned and future blow-up ac::tivities. The final . AIgIwI ~1Iloca 1lllrL

---
decision to transfer or release rests w!ltI the CCF _ _ _. ••. _. •.••• •. . . . . ..... .:' OFNT ptDridIt hlnMdlMl
rdIoI ot ~ tD ..
II " . . ill'IJ**l8 ....

Nov 14. 2007 ev AlT.OOO2.0172 50112

 · 2·
SECRETCEO
2007.06.20
Rev.9.' NOT APPROVED
Int:Ofl)OI"BIles decisIors from 2007.06.19 meeting re: Rev.9 (2007.06.05) by IDR/I..aporte
(dddioDs 10Rev.9n doubk Ilriboat,.tditioas Ire bi&bli&flled ad UIlilIcrtiDed)

requn 0ClI"Iti1ued contri:Iution& an::! expertise from a variety fA canadian Governmentdep8rtmentI and agenc:ies
ncb:Iing the Correctional 8ervic:e of ~ (esc), the Royal C8t18dilwlMcM.I'tted PoIce (RCMP). the
0epartmer4 of National Defence (000), 1he Canadian IntematbnIII DeYebpmefIt Agercy (a DA) and others •
required. The following Iisls the primary roles and responsibiIitle of seIectecI authoritleI or
--.,U..-,
• .QPM, oversees. on behalf01 MINA, the Government of Canada', post-transfer follow-up activities for
detainees transferred by the can adian Forces to Afghanauthorities.

• The canadian EmbaHY jn Kaby! and the CMlad!wl Amhettedrv have 8 central role In the COllfdinatlon of
Ca nad ian post-transfer foIJow.up ~n1s. with the assistance of other relevantCanBdian acloB.

• QFNI DIIJOOOI! It KandabarAifloil· 1bI prpy!ndII Bttm!IndM Twn <ptID IIld It lilt Errtlusy are
responslble tor assesUJg the eondition rI detainees trallSferred by h canadian Fon::es and cmduct
appmpriale foIIow.up measures n 8CCOId8nCe with agreed pnx:edure$ a'd in c:onsuII8tkln with the
Ambasslldor, IFM, DMA or their deleg8tes U'ltI iniliBtion of court proc:eedillgS bY' fPI!IIty MriP"W
2!i!!!!1.Of cessation d rostody. OFAIT personnel In the field notifythe tCRC andAIHRC once deIainees are
transfened to the custody of Afghan aUlhorities Of rMeased. DFAIT personneI ln the field " be proyided
wkh the necessary tranng on torture ltW8IlIf'IeSS and be familiar wIlh intem8tionaI procedures., irdJding
relevant elements of intemationaI tlJmanitarian law.

Iili~~c;~~!~:: :it~ ~~~~(~:~:~:J!1: ~:~!Jf:~~:~~:~ =~:~~};~~;:;;:::;:::;=~

the T,..",.nt of Pf'laonen: of War)
-.
~ (lDlt eomroo.nt:
Jl-=ogna.IIwII ..... cou6d

•
DEAlT HO (FTAGIIORIlRH-GHA) provides poIicyadviceiguldance at all stages as required. ~ acts as
a focal point to provide notifications of transfel"s to ICRe HO.

• esc. RCMP. elM 'od CS IS through exlsting resources In theatre (or supplemented by add itional
1'8SOlX08S) PfO'+'\de technical expertise In support of DFAlT Isad respOl'lSilllltyon an as required basis.

WQ responsible for the detention. reIaase or transfer oIlndMduals andretains approprtate nK:Ords for
_.-
rwuIt '" Ioftter
... beconlt ~ .... t
'*'"
"lllnl'lL loIcNoIo_• •

tIow .. tD ~ " . .....

Df'NT

ltlIft It tlNldllog of NO&-

NlUId courtpllClldtne_ 1n

CMHlMl ...... lmellt_1d

on 8Ulh0fttlM tD MCUl'.
court proc:u
...., _ II In
dt _lid t
Mould bt
detaineeS In their cumcty. Provide Iega~ medical,lectrica. and logistical and force Plotectiol, support for InIoIlCI tD _ ,."..,_
DFAfT and other govremment departments .... the CXX'lductQ[post-transler roIIow-up measwe5. JuokItt , ....... lII'tottt., 1
Y. spECtftc PROCEDURES TO fOUCltI CONCERNPfG TlfE NOTFICAION· TBANSFERlRELEASE
AND lBACKlNG Of ItPMDUAI.S PEINNEp BY DE CNW>\AN FORCES

HoY 14, 200 7 EV OFAJT 0002.01n 601 12

 .,. SECRET CEO
200 7.06.20
Rev.9.1 NOT APPROVED
lnccxporates decisions from 2007.06 .19 meeting re: Rev.9 (2007 .06.05) by IDRn.aporte
(deletions to Red are double strikeout. additions are hipliJbled aDd tmdcrliDCd)

Nov 14, 2007 EV.OFAlT.00020172 7 of 12

 .4.

VI. PERIODtc EOLLC7t'V·UP VISITS TO ASSESS CONomONS OF DETENDON Of PETAINEES

TRANSFERRED BY THE CANADIAN FORCES

]
, 1. PeriodicfollOw-up visits to facllitles YItlIch hokl detainees transferred by the canadian Forceswill be
oonducted, at the discretion ofllle Ambassador or 8 designated representative, as required and with or without
prior notice to Afghan authorities consistent with the practice of other international mon itoring organizations. The
OO1ing and frequency of the visits will depend on the overallsituation on the ground at a given time. .. - - - .. . - • - - - - - - - ' 1 -~" .~~
12 Such visits will occur with a view to assisting Afghan authorities to ensure that Canadian transferred
cteiainees are treated humanely, pursuantto Afghanistan's international and domesticobligations, and to the
i=~
=~ m TrIitiliYid
~
December 2005 Arrangement and its May 200 7 supplement, and to examine the overall conditions of detention. _!!!!!!!!!!!:1 _

13. In the course of suchvisits, canadian representatives will have fIJI and unrestricted access to any person
transferred by the Canadian Forces. canadian represeotatlves should request to Interview detainees.
transferred by the Canadian Forces. Oii•• 'andonf .... in private and without Afghan authorities present.
sample questions for such intervi ews can be found at ANNEX A.

Nov 14, 2007 EV.OFAlT.00020172 8 of 12

 .,. SECRETCEO
2007.06.20
Rev.9.l NOTAPPROVED
IncorpClf8tes decisbns from 2007.06.1 9 meeting re: Rev.9 (2007.06.05) by lDRA..aporte
(dd etioas10Rcv.9 Ire double strikeout, additions n hiabliabred aDd Wlderlilled)

, 4. OFAIT representlItive from the Ksndahar PRT or KabulIeacI such visits with esc, RCMP, OND and/or
ClDA inYoMlcl as part of. muIlkIiseIpIir\ assessment team . The ClMdi8n Forces _ . provide Iogiskal,
lega l, mec:licaI, technIc8Iand fon::e protllction ~ as reql.Wed.

15. Such visits shoukI complement on-going capecty-buiclng actIvlties conducIed by the CooectionaI 5erviceof
CanodL

-_.
----
lII*:I'*I .. AN'lEX C

'7. Reporting from other sources, inc:Iudhg from the A1HRC .., UNAMA, pert8i'mg 10 the stnl of Afghan
detention facilities or the trNtment 01 detaiwes should be forMInjed to KABULJDFAIT HQ (I DRIFTAGII~
GHNGHHIIRNDMA). .

V1L FOLLOW-UP ACDON

18. As appropriate, KABUl, as part of its regular engagement with Afghan 1lUlhorities ..MII proWSeconlinued
llll'IWlders to Afghan aulhortties at alleYels regM:ling Canadian ~ as 101hei' treatmenl: of detainees
transfemld by the C8nadian Forces. KABUL wiB also advise apprtlpl iate Afghan authoritles of the conduct.
results and reootnmendation of petlocllc Yisits conclUded by Canadian personnel.

19. In the event !hat ClIM:t1an pnonnel are rnacie awn of allegations or eyi!Stnoo of ablM'misPltmtlrt of .
detainee or detl1ntn transf!rT!d by the Cw!adian Forces during periodic follow-up Yisils Of" lM>ugh other
moen•• OFAIT 'Nil enact the dipIc:lm8tic contingency plan as per ANNEX B wtlich could indode notifying Afghan
IMhorities. the AlHRC. UNAMA and the ICRe, requesting the estabhhment of., Arghan investig8tion or [ ;;:;=:=:-::;:;;:;:::-;;;;:;;CO
conclueting. subsequent follow-up visit and interview with 8 deta inee or detainees as apptOPrIate. ~ .,.' DIIItIId; In .odltion, DFNT
.... pn;M»'" c:allldll..
F_ wlh ... - - e o l
20. Whenla detainee appears 10 be In immediate danger of abuse, or in urgent need of medical cere due to
"'~oprlI*_oI
apparent abuse. canadia n personnel shall insist that Afghan authorities take appropriatemeasuresand shall ClCII"Icn.d .,....,... 10th.
notify the AIHRC and the ICRe . If the detainee In question was originany tnlll1sferred by the C8naCSian Forces, Itc:IIy wtwwh .hutd
canadian personnel may request that Afghan authortties retum that detainee to canadian custody until 8buM lOOk p-'.
canadian personnel are satisfied that the detainee is nolonger at risk.

21 . Should canadian personnel be made aware of allegations Of evidence of abuselmlstreatment of II detainee

Ofdetainees transferred by an Any or ISAF partner, DFAITwould lnfoml the Ally 0( ISAF partner (If known)and
notify Afghan authortties, the AlHRC and the ICRC and UNAMA as appropl1ate.

_.
22. Follow-up ac:1MtIes could also Include identification of Afghan capeclty-bullding requirements(e.g. trahlng,
technical auIstIInce, Infr8I1tNctln upgt8des etc...).

23. AU oommunlcatlon pertaining k) these SOPs and with respect to COlTV11un1c8tklg the outcomes of any vtsIt Of
follo w-u p should be c:oordln8ted by OFAIT 00, In consultation with otherdepattmentllll"lcl egendee: as

Nov. 1<1. 200 7 9011 2

 -, - se CRETCEO
2007 .06.20
Red.1 NOTAPPROVEO
IncorponIl8s decisions from 2007.06.19 meeting re: Rev.9 (2007.06.05) by IDRIlaporte
(deletions to Rev.9lredouble slriklDOUt, lldditiol'll are hip1ipcd aad UDdcrIiDed)

be. LESSON S LEARNEp

24, On a periodic basis. KAB UL KPRT. KAF will ronvene an After Actjon Reyiew rneet(lg to to08Qe . 1 re!eyant

. _ " "'"
contact persons Inyotved jn the detainee manaoement orocess in order to de1ennjoe what slePS various
stakeholders rnyst take i'! order lp ensure an on-golng effectjYe Goyemne!1l of Canada response,

25, OM' wil CC!Il\'flOI at aoorooriate inlerya!s senior level discyssions in order 10 reyiew Cinada "s aporoad! to

"1=..- aHo'GoIta'&
~_._"W

~- - - - - -- -- - - _u n • __ _ · "

g(, 8i19UBCIi f1iQ! I8IjMliNJI

• TM PQl"f,Q ItK.N=erh P; lih t' gn~aratlA. PR; . lId 1M I ' flfl llAl1tFMlf Ilr' WlolluAIMiM
~"MlIA RiIt'* 0.811 ',#l; " _pamt iMy... . , iAc;;IIMIRI lIIMall if! It.... ,"",tI MI '
I·......
'.'1; q 1MofSOPI,
TW!I1lCI!i;IFGOlllIII pFCMdt MS" &a :cae. KAiUI. . . . . liIR8A. ~ t • •
KAIIIJI. May . . . . . . .~iIisnaI "QUFeelliIR ad _ _b at . . of .....,..,.• •" gq . R. .WAlII

•
~ i"""IlI.tMI, ,UI ._'~M".Ald .
~QR w.iII~" a .. MiinalIllIliU:lr;• • ~1l'QI . . . ' .u.... lJliII A"". -e""'" ..
M il lit
•
FIIN I..ou&r .,.,* "."
IAfill I'MIIliQA gllat. .. IRili.I)t,IAfl;IFFR.A ,...."' • • •R IiMIy 1M fNlj 8)< ...... of ljeiAtC. ,"iliA
tiP. lIawA'l8Ali W &1llmW,I'WIl1I, .It • •, " .....w 1M gllrJlIi lay blilttinlt

... ,.. ... ,..,..,.

$

Jlelll!M'" 1t8loR iii. . A'lMiil.,....W (1.1. 1ijlI 18~"". 8f "'aF' .",,11>( 4• • '1'111) .a8l1lIl:I. OR. W
r;; II. 'I'll . fgr~ the PRT _ KAilUI. 8AilI fgr~1iI "", a' il "r 'III;4 . ~ ~ 1oIQ . . gtag

(COI,.'.,I. This MdkIn shcMIId bltlnccM'pcntrd IntonAG'1 buclgrt encl ~ pIrring

doc:umentr rnd not Mpt In the SOPs~

Nov 14. 200 7

 SECRET

OPTIONS PAPER

In reference to the OFAIT SOPs, to determine when OFAIT personnelcease conducting follow-up
activities on the conditions ofdetainees transferred by Canadian Forces to Afghan authorities.

Opdon 1: Upon DOtilkatlop of initiation of court prntttilJpg

Rationale
• The detainee is within the Afghanjustice system;
• Canada respects Afghanistan's sovereignty;
• It is Afghanistan's responsibility to ensure that the justice process conformswith international
standards ofdue process, includingwith respect to juvenile detainees;
• It is Afghanistan's responsibility to ensure that the Arrangement's prohibition against death
penalty is respected .

ImpllcatioD.J
Pros
• Does not set the standard too high for Canada and allies (management ofexpectations);
• Limits the length of time OFAIT officials are required to pursue follow-up activities;
• Canada's efforts after initiation of court proceedings would be focussed on broader capacity-
building efforts in strengthening the justice and corrections system .
Cons
• May be perceived as insufficient demonstration ofCanada's commitment to human rights and
international humanitarian law;
• May expose Canada to criticismfrom human rights NGOs, in particularifjudicial proceedings
do not respect international standards ofdue process;
• Maynot facilitate Canada's efforts to improve thejusticesector (no pointofentry);
• May be more difficult to monitor theimplementation of the Arrangement;
• Would be inconsistentwith approach ofother allies, such a s _ l a n d possibly_
who pursue follow-up activitiesthroughto sentencing and appeal.

ORdog Zj Upon sentencing

Rationale
• Judicial guaranteesare comprised within the meaning of humane treamen!, pursuant to the
Geneva Conventions. They are also part of international human rights law;
• Provides a point ofentry for strengthening the justice system, which could be consistent with
Canada's long-term capacitybuilding objectivesfor Afghanistan;
• Would help ensure the integrityof the SOP process.

Nov. 14, 2007 e V.OFAIT.0002.0172 11 0112

 ImpUcatiOD'
Pros
• with this approach;
• Concerns have been expressed over judicials guarantees and this would belp ensure that
Canada is wen placed to pursue advocacy in support of due process o flaw;
• It is consistent with longer-term Canadian desire to see sufficient judicial guarantees
imp lemented and effective rule oflaw promoted;
• W ill be more acceptable to human rights activists and the Canadian public.
COIlS
• Has potential to require Canada to pursue periodic follow-up for an indeterminate amount of
time given current state of Afghan legal system for security-related detainees;
• May set the standard too high (for Canada and allies);
• May be seen as intrusive into Afghan domestic affairs.

Option 3; Until completion of appeals

Ratioaale
• Same rati onale as Option 2

ImpUcation.
Pros
• Same pro s as Option 2, except that this bas been only considered_ to our knowledge.
COIlS
• Same cons as Option 2.

PIq>ared: IRH.QHAlNguyen on May 31, 2OQ7

CoosuJ"": IRH.QHAIGoIbo>B, JI1I, FrAG

Nov 14.2007 12 01 12
 •
PROUDFOOT Douglas Scott ·FTAG ·DFA -e4

From :
Sent:
AlEXANDER Vera -eGO -PCOIBCP -C4R
June 4. 2007 1:48 PM
(gJ--
To: GIBBINSClYistopher -FTAG -C4
Cc: BUCK Keny -FTAG -DFD -C4; PROUDFOOT Douglas Scott -FTAG -DFA -C4; LAPORTE
Eric -lOR -C4; NOLKE Sabine -JLH -C4; NGUYEN Mi -IRH -C4; GOLBERG Elissa -IRH-GHA
-C4; BORL£ (¥il -FTAG -C4; ANDERSON Cory-FTAG-C4
SUb/oct: RE : Deta inee update

This was very helpful, and we sent a note up on the issue last week. I also saw that you asked our missions in
Afghanistan for their updates; their information will be very helpful for our next note. As you are aware, the follow-up on
the status of Cdn-transferred deta inees is being follO'Ned very closely over here .

I assume that this is already being done. but just wanted to check whether the names of the ~n-tra nsferred
detainees at NOS were being cress-checked against the eight names listed in the G&M article as being Cdn-uansferred
detainees. Has this occurred or will it?

Al so, in due course, I Imagine that the names of those de tainees thai the US transferred to Afghanistan authorities wil l
also be given to Afghan authorities to de termine their status ? Can you please confiTn that that ts correct?

Thank you

----origInal Me&sag&--
From: GIBBINS ctwtstoplw ·FTAG -e4
hnt: M8y 29, 2007 8:41 PM
To: ALEXANOER Vera ~ ~-c4R
Cc: BUCKKIlfT)'-FTAG ~FD.(;4; PROUDFOOT ~s SCott -FTAG ~FA ..c4: LAPORTE Eric: -IOR .(;4 ; NOLKEsabine.JLH -e4:
NGUYENM ·IRH ~: GOLBERG Elissa .J R~ -e4 ; ~ CyrlI-FTAG~: ANDERSON Cory -FTAG-e4
SubtKt: 0eWInee update

CONFIDENTlAL CEO

Vera - P'ease nod below response to you request of May 28 for detainee-related developments.
1) Following up on those transferred ~ore SuppMmentary Arrangement Including the us:

• DFAIT has requested an update from Afghan authorities on the status of all detainees transferred to the
Afghan NationalArmy. Afghan National Police _or the National Directoratefor Security _ by the
Canadian Forces since January2002. Similar1y, DFAIT has also requested the same from the "U§"On the.
detainees transferred to US authorities between

• To date. DFAIT has received preiiiiimina res nses from Afghan and US authorities. Of the ~tainees
transferred to the NDS between and have been released• • have had their
cases submitted to the Ministry us or consideration andllif8 presently unaccounted for at this time.
We have not yet received responses from the Afghan National Army or Afghan National Police on the status
of detainees transferred to those organizations.

• KABUL and WSHDC continue to work with Afghanand US authorities to identifyInformation on all remaining
detainees transferred by the Canadian Forces.

2. Expanded errengem.nt, finalization of SO~, table top .xercl•• etc ..

• A supplementary Arrangement to the December 2005 Arrangement was signed with the Government of
Afghanistan on May 3rd .
1

HoY 14,2007 EV OFAlT 0002.0 173 t es a

 •
• The supplementary arrangement provides Canada and the ArHRC lNith full, private and unrestricted access to
detainees transferred by the Canadian Forces to Afghan authorities.

• tt also reaffirms Afghanistan's eXisting obilgatlons under Intematlonal human rights law; requires Afghanistan
to Investigate allegations of abuse and mistreatment; limits the number of faci lities In which Canadian-
transferred detainees are held in order to facilrtatefollow-up (KABUL Is still In discussk>ns with Afghan
authorities on which facilities this might include but should be no more than three); requires notification to
Canada prior to initiation of proceedings involving detainees transferred by the Canadian Forces and prior to
the detainee's release; requires Afghan authorities receive the written agreement of Canada before
transferring to a third party; and commits to doser cooperation on corrections and detention capacity-building.

• DFAIT has since developed standard operating procedures (SO PS) for the post-transfer foNow-up of
deta inees transferred by the Canadian Forces in Afghanistan . The SOPs are Intended to co mplement exis ting
and future Af\tlan capacities to track and monitor detainees transferred by the Canadian.Forces and provide
guidance on the conduct of Canadian post-transfer follow-up activities, includ ing periodic follow-u p visits to
assess the conditions of detention of detainees in Afghan facilities.

• Table-top exercises on the integration of the DND Theatre Standing Orders (TSO) ouUining the Canadian
Forces' handling of detainees and the DFAJT SOPs were conducted in Kandahar on 14 May and via
teleconference call between Ottawa and Kandahar on 15 May. The table top exercises concluded that the
TSO and the SOPSwere suffICiently compatible to proceed with the ir respective implementation but would
likely require further updates and improvements based on their practical application.

• The SOPS are rorrently in the process of being fl8ld-tested. DFAIT has deployed experts from headquarters
to assist in implementing the SOPs and to make recommendations on improving them based on practical
experience and lessons learned. DFAfTlElissa Golberg was in both Kandaharand Kabul for ten days in May,
DFAlTlEric laporte win be In Kandahar for a 'N88k in earty June and DFAlTllucle Edwards will be in
Kandahar and Kabul in late June.

3. NATO 1.111_ · now> on Afghanistan exchan go of I...... RC(S) d lscuulon or joint ClIpKlty-bulldlng projecls

• TrtpartJt••rrang~.m Discussions are o~ing between interested ISAF partners (Canada, UK,
Netherlands, Denmark and Norway), the Government of Afghanistan and the Afghanistan Independent
Human Rights Commission (AIHRC) to conclude a tripartite arrangement that would affirm AIHRC's
constitutional role In the monitoring of human rights, Including those of detainees transferred by interested
ISAF partners and provides full and unrestricted AIHRC access to detention facilities and to detainees
transferred by Interested ISAF partners. The draft as it currently stands, however, is considered unsatisfactory
by both the AIHRC and Canada. It is unclear whether a genuinely useful tripartite arrangement is possible in
the short term.

• Foreign MInistry, Defence and Development offICials from RC(S) countries will meet in the Hague on June 7
and 8. Canada has requested that a separate and spectflc discussion on detalnee-related coordination and
collaboration issues be included as part of the program. As such, Canadian, UK, Dutch and posslbfy US
offICials will meet ahead of the main conference on June 7 to discuss possible detainee-related joint initiatives
such as joint monitoring, information sharing and cooperation on Afghan capacity-building Initiatives.
4. Afgh.nl.tan'. own Investigation and ....pon •• to our off.,. to help

• KABUL continues to follow-tlp with Afghan authorities, but there has not yet been a signal from the Afghan
Govemment that Canadian assistance is sought on this front.

5. CapKtty build ing; AlHRC NMds As....11'IWlt mlulon; CSC

• Worbhopa. Canada assisted with two AIHRC-initiated and led workshops. The first on May 15 presented the
AIHRC mandate, objectives and activities to the Afghan National Army, the Afghan National Police, the National
Directorate of Security and other relevant organizations. At the second, on May 24, the AIHRC ..wI offer a pilot
human rights seminar for police offlC8f'S. It is hoped that this can form the basis for a human rights component of
Afghan National Pol'ice training.

• MAY 15 Wo rkshop. The KPRT~ted , but A1HRC organized haIf-day meeting on human rights for Kandahar
security sector entities was an important vehicle to bring together security sector actors and the AIHRC to discuss
2

NaY. 14. 200 1 EV.DFAlT.OOll'l.017J ,~,

 ,
priority human rights concerns. AIHRClEnglneer Noorzai chaired the session. He noted that the CF and
Canadians were working hard with the ArHRC to assess how best to address human rights issues in the S-W
region. The exchange of lene-s with Canada was touted. and Noorzaj indicated AIHRC were now in contact with
the UK and Dutch to sign similar agreements .
• Noorzai commented that AIHRC had recentty been meeting with the NOS, who were interested in participating in
a series of Shuras to discuss specffic human rights concerns (the NOS subsequently spoke to its desire to see a
"human rights coalition- established to share good practice and exchange views on key chalkmges). This
proposal was met with considerable enthusiasm, and similar workshops can be expected In future.

• Several participants (AIHRC, ANA, ANP. Attorney General's offICe) argued that ISAF incidents involving civilian
casualties risked undermining public support for the wider mission. The interest in meeting with ISAF to address
civilian casualties and express concem over how we search houses is clearly deeply felt.

• The fact that this event took place at all is in and of itselfsignifteant. Having securitysectororganizations engage
in a healthy exchange with the human rights commission can be difficult to achieve In countries 'Nhere a human
rights culture is far better established than Afghanistan.
• MAY 24 Workshop. A detailed report has yet to be received from the flOld.

• As••• rnent Minion: As part of Canada's efforts to help strengthen Afghan capacity to protect and promote
human rights , an assessment mission has been deployed to Afghanistan from May 25 to June 1 to determine the
core needs of the Independent Human Rights Commission (AIHRC), particularly with respect to monitoring and
investigation capacity. Discussions will also be held with the Ministries of Justice and Interior, the National
Directorate of Security and the International Committee of the Red Cross to Identify ways in whtch Canada can
help strengthen Afghan Institutions. The team consists of a human rights specialist (and former Canadian civil
servant) who has worked with the UN on the AIHRC, and one of Canada's most senior prison wardens.

• CSC. In 2006, at the request of DFAIT, esc assisted in the development of a plan for possible Canadian
engagem ent in strengthening the Afghan corrections system and facilities in Kandahar. In February 2007, CSC
deployed 2 officers. linda Gal"NOOd·Filbert and Ric Fecteau to the Provincial Reconstruction Team (PRT) located
in Kandahar. All funding for this activity (approximately $979,000) is provided by the DFAIT. esc staff will focus
on developing a training and mentoring program at Sarpoza Prison that will support the development of a modem
prison system in which Afghans can have confidence.

• esc offlC8f'S are supporting theW' colleagues from DFAIT in the development of a comprehensive proposal for
infrastructure strengthening and improvement, which is in the final stages. This work will contribute to improving
the living conditions for staff and inmates at Sarpoza

• DND will be in a position to provide a full tab4e of all current proceedings, their details and status tomorrow MIIY
30. Approval is required for release.

Drafted: FTA GIGibblns, lDRlLaporte, IRHlNguyen

Approved; FTAGIProudfoot

HoY 14,2007 ev OFAlT 0002.0173 3013

 PROUDFOOT Douglas Scott ·FlAG -DFA-C4
From: PROUDFOOT Douglas Scott-FTAG .(;4
Sent: May 2, 2007 7:51 PM
To: KANDH .(;4R
Cc: MULRONEY David-DMA.(;4; SWORDS Colleen -IFM .(;4; POUPART Isabelle -lOR .(;4;
NDHQOTT ADM(POL) .(;4; ANDERSON Coty -FTAG .(;4; COOTER Chris -BNATO -GR-
C4; KANDH -KAF .(;4R; BUCK Keny -FTAG -C4; KABUL -GR -C4R; LAPORTE Eric -lOR ·
C4; GOLBERG Elissa -IRH-GHA.(;4; NOt.KE Sabine.JLH.(;4; ALEXANDER Vera -aGD -
PCOIBCP .(;4R; mOTT -nAG .(;4
Subject: RE: KANDHOO28 - NotifICation of AIHRC and ICRC

SECRET CEO

Thank you for prompl action on this matter. Re para 5: We accept your judgemenl lhal the besl way to ensure the ability 10
follow up on these two cases by the AIHRC is to inform the NOSand Governor that we have asked the AIHRC (and le RC)
to investigate these aJlegations. AccordiOgfy, please inform the NOS and Governor that we have made this request of the
AIHRC and leR e . Thiswin also underscore to GOA our seriousness about ensuring SQ'1Jtiny generally.

Approval: FTAGIBuck

NaY 1• . 2007 EV DFAIT 0002.017.

""
 PROUDFOOT Douglas Scott -FlAG ·DFA .C4
From: KABUL -GR -e4R
Sent: May 7. 2007 12:42 PM
To: PROUDFOOT Douglas Scott -FTAG-<:4
Ce: BUCK KerrY -FTAG -<:4; FAIRCHILD David -FTAG -IRP-<:4; GOLBERG Elissa -IRH-GHA -
C4; EXTOTT -DMA -<:4; KANDH -C4R; KANDH -KAF -<:4R; GIBBINS Christopher -FTAG -
C4; AHMAD Nadia -FTAG -<:4; ALEXANDER Vera -000 -PCOIBCP -<:4R; KABUL -HOM ·
C4R · KABUL -GR -C4R· CHRISTOFF James -FTAG -C4
Subject:

Follow Up Flag: Followup

DueSy: May 8. 2007 12:38 PM
Flag Status: Flagged

Drafted: CoNin
Approved: lalani

Nov. 14, 2007 EV.DFAIT.0002.0175 1 of 1

 PROUDFOOT Douglas Scott -FTAG -DFA-C4
From : KABUL -HOM -C4 R
Sent: May 9. 2007 1:22 PM
To: GIBBINS Christopher -FTAG -C4; KABUL -GR -C4R
Cc: BUCK Keny -FTAG -C4 ; FAIRCH ILD David -FTAG ~ RP -C4 ; GOLBERG Elissa -IRH-GHA-
C4; EXTOTT .QMA -C4 ; KANDH -KAF -C4 R; AlHMAO Nadia -FTAG -C4; EXTOTT -FTAG-
C4; EXTOTT -IRP -C4; KAPELLAS Anna · LDN -GR -04; HOFFMANN Ron -LON -GR -04;-
HAGUE -04R; ALEXANDER Vera -aGO -PCOIBCP -04R; SIN CLAIR Jill -PC OIBCP -04R;
S INCLAIR Robert -G HH -04; NOLKE Sa~ne -JLH -04; NDHQ OTT ADM (POL) -04; NDHQ
OTT 0 NATO POL -04; NOHQ +CEFCO M HQ -C4R; EXTOTT -IRH -GHA -04; EXTOTT -
lOR -04; EXTOTT -100 -04; EXT OTT · IFM -04; DIGANGI John -151 -04; PINNINGTON Phi
~ NATO -G R -04; BU RGE SS An ne E ~ NATO -GR -04; COOTER Chris ~TO -GR -04;
LAPORTE Eric -lOR -04; KANDH -04R; PROUDFOOT DoogIas Scott -FTAG -04
Subject: RE: KANDHOO31 - Afghandetainees: AIHRC access In Kandahar

CONFIDENTIAL -C EO

I discussed the apparent discrepancy with Or. Samar this evening. According to her there might have been some
miscommunication.

Bottom line is that access, while granted recentty In Kandahar, has been Inconsistent in the past. Second"issue is
effectiveness - A IHRC . as per our arrangement now has right to meet with detainees unaccompanied by offICials. This
was not the ca se during recent visits . We will darify further in the cou rse of our meetings with AIHRC. but we need to
focus now on next steps. W e need to ensure that from this point on , access is regular and all aspects of arra nge ment are
me t. In short. the arrangement needs to be tes ted; and we will do that as soon as the SOPS are agreed.

On UK propos al for NOS tracking, we passed on our interest. Co lvin will report separately as this develops. We will also
re port separately on AI HRC requireme nts , for capacity buildi ng assistance.

1would be grateful for instructions on A IHRC proposal for "trilateral agreement" with UK, Netherlands, and Canada and
AIHRC and Afghan authorities outl ined in ou r report of our 6 May meeting with AIHRC. Netherlands has formally
expressed irs inte rest in pursuing this . My own view is that we should also pursue this in good co mpany with Dutch and
Brit ish .

lalan i

--CIriginal MnI'JIg$
From: Gl B8INSChibtopher -FTAG ~
sent: May 8, 2007 7:13 PM
To : KA8UL -GR~
Cc: BUCK 'Keny -FTAG~: FAIRCHILD Dawt -FTAG ·I RP ~; GOLBERG Elissa ·IRH-GHA ~; EXTOTT ...[)MA ~: KANOH -KAF
~R: AHMAD Nadia -FTAG ~: EXTOTT -FlAG~ : EXTOTT ·IAP~: KAPEUAS Ama -LON -OR~ ; HOFFMANN
Ron -LON -OR-ce-tlAGUE -e4R; ALEXAt.DER Vera ~..pCOfBCP ~ SINCl..A.IR J il -eccece ~ SINClAIR
Robert -GHH~; NOlKE 5abine ..JlH ~; NOHQ OTTADM (POL)~: NOHQOTT 0 NATO POl~; roDHQ +CEFc:0t.4
HQ « R; EXTOTT -lRH -GHA -ce EXTOTT -lOR~ : KABUl.HQM «R; EXTOTT -lDO~; EXTOTT -IFM -ce
DIGANGI John-lSI ~; P1NNINGTON PhiI -BNATO -GR -ce BURGESS Anne E -BNATO -oe -ce COOTER ChtiI·
BNATO -GR~ ; LAPORTE Eric ·IDR-e4: KANDH -e4R : PROUDFOOT 00ugIas SCott -FlAG«
Subject: RE: KANOHOO31 • Afghan detainees: AIHAC acc:en In Kandahar

CONFIDENTIAL

Ref KANDHOO31 and KBGR-ll275

1. KABUL · wo uld like to ta ke up two issues; (a) the discrepancies in recent AIHRC messaging and (b) the UK
tracking pro posal.

2 A1HRC m .. " . ' ~ betwee . •. ! AIHRC provIdod KABUL thaI

••

Nov. 1<11 , 200 EV.OFAlT.0002.0176

1 of 5
 --------------

3. KANDH - grateful if you could seek an update from Engineer Noorzai on his anticipated discussions with Governor
of Kandahar (raftel KANDH0031 Para 3 betow).

3. UK Tracking Proposal· We welcome the UK proposal and would ask that that be communicated to UK
counterparts. While we understand that the UK is not presently seeking a financial commitment from canada, we
recommend that KABUL enquire of their UK counterparts whether a financial contribution would be welcome. HQ
open to the possibility and Is currently considering financing options, and would hope to be able to contribute.

Drafted: FTAG/Gibblns
Approved: FTAGlProudfoot

---origInal Message
From: KANOH-C4R
sent: - May 7, 2007 4:11
PM
To: PROUDfOOT Douglas SCott -FTAG-c4
Cc: BUCK Kerry.FlAG -ce
FAIRCHILD DavkI-FTAG -IRP -ce GOLBERG Elissa -lRH-GHA -e4: EXTOTT-OMA -ce KANDH -KAF
-e4R; GIBBINS CMstopher-FTAG -C4; AHMAD Nadla ·FTAG-C4; EXTOTT-FTAG -C4; EXTOTT-IRP-C4 :
KAPEL.LAS Ama -LON -GR -e4: HOFFMANN Ron -LON -oR -C4; -HAGUE -e4R: ALEXANDER Vera -C>GO ·PCQIBCP
-ce
-C4R ; SINClAIR JiM -PCOIBCP -e4R; SINCLAIR Robert -GHH NOLKE sabine -JLH -ce. NDHQ on ADM (POL)-
C4; NOHQOTT 0 NATO POL -c4; NDHQ +CEFCOM HQ -G4R: EXTon -IRH -GHA -G4; EXTon -lOR -G4; KABUL-
HOM -G4R; EXTOTT ·100 -ce EXTon -IFM -C4: DIGANGI John -lSI -C4; PINNINGTON Phll-BNATO -GR -G4;
BURGESS Anne E ·BNATD -GR-e4; COOTER Chris -BNATO-GR -ce KABUL-GR -C4R; lAPORTE EriC·IOR-C4
SubfKt: KANDHOO31 - Afghan detaInees: AIHRCaocessIn Kandahar

CONFIDENTIAL

Ref KBGR-ll275 07MAY07

1. At a meeting today with
ONO/AOM POURigby , the local AIHRC head, Engineer Ncorzat. I lea a Since the April 26 deal (brokered
by the PRT between the AIHRC and the NOS) AIHRC had twice visited the NOS and was satisfied that access
problems in Kandahar had been resolved. One of those visits had been about a week before (presumably the
April 29 visit mentioned in reftel) and the second had taken place this past weekend.

2. We passed a hard Copy of the Canada-Afghanistan supplementary arrangement on detainees to Engineer

Noorzai and highlighted for him the provisions guaranteeing AIHRC access to NOS facilities and records. We also
advised him that a copy had been presented to the NOS earlier in the day, and t h a t _ o f the Kandahar
NOS had said they would comply fully with all provisions.

4. On the proposal to create an NOS tracking system, would note that the NOS is often only one link in the chain
of detention, albeit an important one. For example, an individual could be arrested by the ANP, transferred to the
NOS and then moved to a Ministry of Justice facility like Sarpoza prison in Kandahar. Enhancing the tracking of
detainees in the NOS system would only capture one segment of this process, and might well leave key questions
unanswered. Would therefore recommend against reforming the NOS tracking system in isolation- for maximum
effect, reform would need to be synchronized with changes to the prison and ANP registration and tracking
systems.

KANOHlBuchan

-QrigInoI Messag&-
From: KABUL..oR..()4R.
2

Nov. 14, 2007 EVDFAITOOO2.0176 2015

 sent: May 7, 200710:21 PM
To : PROUDFOOT Douglas Scott -FTAG -ce LAPORTE Eric -loR-e4
Cc:: BUCK Kerry ~FTAG -04; FAIRCHILD DavId -FTAG-IRP <:4: GOlBERG Elissa -IRH-GHA -04 : EXTOTT-DMA -C4 ; KANDH-
C4R ; KANDH..f<AF.om: -ce
GIBBINS Christopher ..fTAG AHMAD Nadia -FTAG-ce EXTOn ·FTAG-e4:
EXTOTT -IRP -ce -ce -HAGUE -e4R;
KAPELLAS AnI"l8 -LON -GR -C4; HOFFMANN Ron -LON -GR
ALEXANDER VfJtt8 -QGD -PCQIBCP-CAR; SINCLAIRJIII-PCOIBCP -e4R; SINCLAIR Robert -GHH -e4; NOLKE
sabine -JLH -ce NDHQ OTT ADM (POl) -ce NDHQ OTT 0 NATO POL -e4; NDHQ +CEFCOM HQ -e4R:
EXTOTT -tRH -GHA -e4: eXTOTT -lOR -e4: KABUL ·HOM -G4R: EXTOTT ·100 -ce EXTOTT -lFM -ce KABUl-
GR -e4R: DIGANGI John -151 -ce PINNJNGTON Phll-BNATO -GR -C4; BURGESS Anne E -BNATO -GR.c4;
COOTER ChriS -8NATO-GR-e4
SubfKt: KBGR0275 - Afghan detainees: Request by A1HRC, and UK proposal

CONFIDENTIAL

Nov. 14, 2007 EV.DFATT.OOO2.0176 3015

 13. 'Tripartite' proposal. In order to assistwith access, Samar saidthe AIHRCwould like to enter into a
~tripartite· arrangement between the GoA, Interested lSAF nations and itself. This arrangement - AIHRC
suggested a MoU - would confirm AIHRCofficials' right of access. This right, said Nadery, stems from two
legal rights: i) Afghan law establishing the AIHRC(Zellenrath said the Dutchconsiderthis law supersedes the
1976 NOSlaw, which is secret) and ii) the existing MoUs between the ISAF nations and the GoA. Zellenrath
wondered whether an exchange of letters, or a 'clarification! interpretation,' would work as an alternative to an
MoU,

Nov. 14 , 2007 EV,OFAIT.OOO2.0176 4 of 5

 20. Follow-up meeting with AlHRC. Yesterday afternoon, HOM! Lalani, along with ADM Poll Rigbyand
MGenWard, met separately with AIHRC. At that meeting, HOM assured Dr. Samarthat 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.

ili} We shouldgive a positive response to the UK but also moveforwardto test monitoring access in Kandahar
with the current arrangement as soon as possible.

Drafted: Bloodworth, Colvin

Approved : lalani

Nov. 14, 2007 EV.DFAIT.0002.0176 5015

 PROUDFOOT Douglas Scott ·FlAG ·DFA-<:4
From : KANDH-C4R
Sent: May 16. 2007 5:17 AM
To : LAPORTE Eric -IOR-c4
Cc: NGUYEN Mi -IRH -C4: PROUDFOOT Douglas ScoIt -FTAG -C4; BUCK Keny -FTAG-C4
Subject: FW: Comments on SOPs

Eric-

Note my response below. I will share my revised version of the SOPs once I discuss them with Arif Friday. In the
meantime, lN8 should be clear that CEFCOM are responsible for tJ1e.,hAniM;nn nf tho:l t O'tl:lll:lMCI". 11nlil such time as a
detainee is transferred. Our responsibilities kick in after the transfer! . his should not
become a sale DFAIT responsibility.

With respect to the database. I have a number of changes to make, but my EXCEL is rusty, so you and I wiN need to walk
through it on my return. In add ition. wewere able to verify the status of all persons handed over in the last 90 days
yes terd ay at the prison. and 111be bringing you a hand written version of the chart to adjust.

Elissa

---QrigIna\ Message
from : KANOH-C4R
S.nt: Mey 16, 20071 :42 PM
To: KANDH-KAF~
SubtKt: RE: Commentson SOPs

I think that is completely inappropriate. They remain responsible for the detainee until such ~ Is a transfer.
They must therefore maintain the database. Unless they are going to give us an invitation t~ ....1am quite
happy to make the case with the Col tomorrow if need be . l et me know.
--original Messagl
From : KANOH -KAF-c4R
sent: Mly 1e, 2007 12;52 P M
To: KAM)H -c4R
SutliKt: RE: Comm wrts on SOPs

Thanks Elissa. The revised SOPS look really good, but we should expect some pustrback from the CF. During our
tabletop VT C exercise last night with CEFCOM, it became extremely clear that they do not see their role as
maintainIng the spreadsheet/database (even In the immediat&-term). as they consider this as a strictly DFAIT
responsIbility. So just a heads up.

cory.
---original Message
From: KANDH-e4R
Sent: May 16, 20012:40 AM
To: KANDH -KAF -e4R
~: Comm.-.t& onSOPs

Cory-

Please find attached revised SOPS based on comments from you, Gavin, the wargame Sunday and our visit to
~ prison yesterday. let me know if you have any further comments.

Thanks
Elissa

« File: ANNEX A Questionsfor Detaining Authority and for Detainees EG changes 16MAY07 (3).wpd » «
File: Post Transfer Follow·Up SOPS VB of 14MAY073 EG Changes.rtf » « File: ANNEX B • Detainees
Diplomatic Contingency Plan FINAL EG changes May 16 2OO7.doc »

Nov 14, 2007 ev OFAIT 0002.0 1n 1 of 1

 Page 1 of7

Proudfoot, Douglas Scott ·DFA ·FlAG

From: Laflamme. Martin -KANDH -GR
Sent: July 5, 2007 9:52 AM
To: Laporte, Eric -lOR
Cc: Goodf&llow, Patty -SXEC; Gervais, Susan -SXTO; Proudfoot. Douglas Scott -DFA -FTAG; Joyce,
Jason ..sXEC; Regimbal , Marc -SXEO; Gibbins, Christopher -DFA -FTAG; Daoust. Sergine -SXTO;
Charette, Andre -SXEC; Robertson, Colin -SXED; Berte. Cyril-DFA -FTAG
Subject: RE: Database Requirement for lOR (Afghanistan)

Eric,

Apologies for the late reply, but I have been away for a few days at the end of last week and I am still hying to

_I
dear my email backlog...

I tried to access the spreadsheet, as directed by Patty below, but could not find the document. In fact, on the.
cannot see a folder named "shared". There is only one folder, named "exchuser", under which I found two
subfolders, "kandh..J<af' and "SaccaC", but in "kandh-kaf', there is no excel spreadsheet. Am I looking at the right
place?

Until later,
Martin

From: Laporte, Eric: -lOR

sent: 28 juin 2007 03:13
To: Laflamme, Martin -KANDH ~R
ce: Goodfellow, Patty -SXEC; Gervais, SUsan -SXTO; Proudfoot, Douglas scott -DFA -FTAG; Joyce, Jason -SXEC;
Regimbal, Marc -SXED; Gibbins, Olristopher ·DfA ·FTAG; Daoust, 5ergine -sxro; Charette, Andre -SXEC;
Robertson, Colin -SXED; Bone, Cyril -DFA -FTAG
Subject: RE: Database Requirement for lOR (Afghanistan)

Thanks Patty!

Martin ,

Pourrais-tu essayer d'ouvrir le document (ancienne spreadsheet) et de Ie manipulerun peu efin de voir comment
facile acces Hest de Kandahar? ~

From: Goodfellow, Patty -SXEC

sent: June 27, 2007 11:09 AM
To: Laporte, Eric -lOR; Bor1e, C\'rII -DFA -FTAG
CC: Gervais, Susan -SXTO; Proudfoot, Douglas Scott -DFA -FTAG; Joyce, Jason -SXEe; Reglmbal, Marc -SXED;
Gibbins, Christopher -DFA -FTAG; Daoosl, serglne -SXTO; Charette, Andre -SXEC; Laflamme, Martin -KANDH -
GR; Robertson, COlin -$XED
Subject: RE: Database Requirement for lOR (Afghanistan)

Hi Eric,

05/07/2007

Nov 14, 2007 EV.DFAIT.OOO2.0178 1 017

 Page 2 of7

Susan Gervais is not in the office today. Wh en she and I spo ke yesterday, she oonfirmed that
the permiss ions were set according to your instructions - i.e.

ReadlWrite
KANDH-KAF C4R

Read Only
KABtJL..GR C4R
KANDH C4R
IDRILoponc
DFA FTAG/Gibbin5lAndersonlBorle
DFD FTAGJBuclc
IFMISwordsfAdler
IRH-GHAIGolbaWNgu"""
JLHINolke

If only KANDH- KAF h as read/write access, I sho uldn't think that there would be a version
oontrol iss ue . (I will leave it to SXTO SXED to oorrect me if I'm wrong!)

Before we meet on the feasibility of the DND database solution , oould we have an assessment
of the

Best regards,

Patty Goo4fellow
Account Manager I Gestionnairede comptes
Client Relations I Relations avec les clients(SXEC)
Phone / ra. 944- 2060

From: Laporte, Eric -lOR

sent: June 26, 20074:29 PM
To: Goodfellow, patty -SXEC; Bor1e, C'yril-DFA -fTAG
Cc: Ge<vals, Susan -SXTO; Proudfoot, Douglas SCott -DFA -FTAG; Joyce, Jason -SXEC; Reglmbal, Marc -SXED;
Gibbfns, Olrlstopher -DFA -FTAGi Daoust, 5erglne -sxro; Olarette, Andre -SXEC; Laflamme, Martin -KANOH -GR
Subject: RE: Database Requirement for lOR(Alyhanlstan)

Thanks Patty,

As discussed earlier (some weeks ago now), it was ourintent toplace the database on the _ while ensuring
that it was eccessible to KANDH-KAF. KANDH and KABUL on a readlwrite basis and for lOR, FTAG, IFM and
OMA to have read privileges.

I am sti ll somewhat concemed with version control issues. In this respect, I would hope that

05/0712007

Nov. 1"'. 2007 EV_OFAIT 0002.0 178

 Page 3 of7

the document could only be opened by one individual at a time and that saving under different
names could also be prohibited, That being said, I think we still want to proceed wnh n being
posted on the _ as n would provide for accesslbllity to a wider audience and greater back-
up protection.

In this respect, we have recently received from Martin a newer version of the database. I
believe some addttlonal edits may still be forthcoming, however, given recent activities in
theatre and so the version that I received may already be out of date.

I wonder therefore if before -going live- with the latest version of the database on the as provided by
Martin, you might simply provide us with the ~d ress and allow Martin to test out his access the existing
(old) spreadsheet. He could then verify connectIVity speed and access and provide us with his assessment if that
solution is indeed feas ible before proceeding much furthe r?

On another note, we will need to sit down again very soon, say tomorrowor the day after, to discuss actual
database solutions. Is there a time that would be convenient for your and your team? Just to let you know, we
have received a blank version of an MS Access database being used by the Canadian Forces in Kandahar which
could serve as a basis for ours. We would need, however, to incorporate additional fields and reports but it might
serve our purpo ses well .

Thanks again for your assistance.

ERIC A. LAPORTE
Defence and 5eaJriIy Relations DMsion (lOR) I
Direction des relations de Iasecurtte
et de Ia oereese
(lOR)
Department of Foreign Altairs and I _ I Trade!
Mlnistere des Alfalres etrangOres et du COO1merte internatlonal
125 Sussex Drive, ottawa, Ontario CANADA
T: 996-211 7 I F: 992 -2482
er1c.laporte@lnt:ernatiooaJ,ac.c:a
www,lntematiooal,gc.Q

From : Goodfellow, patty -SXEC

Sent: June 26, 2007 3 :32 PM
To: Laporte, Eric -[DR; BorlO, Cyril -DFA-flAG
Cc: Ge!vais, Susan -sxro; Proudfoot, Douglas Scott -DFA -FTAG; Joyce, Jason -SXEC; Reglmbal, Marc -SXED;
Gibbins, Olrislllpher -DfA -FTAG; Daoust, Serglne -sxro; Clarette, Andre -SXEC; Laflamme, Martin -KANDH -GR
Subject: RE : Database Requirement for [DR (Arghanistan)

Hi Eric,

My voice message refers.

Cyril left me a voice message this afternoon regarding the detainee database and the problems
that Martin is having saving it to his hard drive and subsequently sending it to DFA.

As noted below, SXTO hasset up the n~rmissions to allow KANDH -KAF (4)
read/write access to th e document on the _ which should allow for easier

05/07/2007

Nov. 14, 2001 EV.DFAIT.0002.0 178 3011

 Page 4 of7

manipulation/ savin g. Although an older version of the spreadsheet is on the _ now, it

was our collective intention (I believe) to replace it with an updated version fro m which
KANDH-KAFwould work.

Could you please confirm that it is still !DR's intention to provide us with an updated version
for po~the It would be useful to oompare Martin's experience (hard drive
versus _ before he departs the mission. Thanks very much.

Best regards,

Patty Goodfellow
Account Manager / Gesti onnaire de comptes
Client Relations / Relations avec les clients (8XEC)
Phone / Tel: 944-2060
--Qrig;naJ Messog~
Laporte. Eric -lOR
FI"OIn:
Sen t: May 28, 2007 12:38 PM
To: Goodfellow, Patty-SXEC
Cc: Bode, Cyril-DFA -FTAG; Gervais. Susan -SXTO; Proudfoot, Douglas Soon-DFA ·fTAG; Joyce, lason -SXEC;
Regimbal, Marc -SXED; Gibbins, Christopher -OFA -ITAG; Daoust, Sergioe -8XTO; Charette, Andre -SXEC; Bcrle, Cyril
-OFA-FTAG
Subject RE: Database Requirement for IDR (Afghanistan)

Patty,

Thanks. I haven't forgotten about you. I just received an updated of the spreadsheet from KAF but require some additional
information be included prior to uploading. FTAGJBorie is currently assisting with this task. We will forward as soon as
that information bas been incorporated.

With respect to e sc, they may in the JoDg-run have access to. portion of tbe database but that is DOt our intent at this time.
To my knowledge., tbc:y do not have. database for this particular exercise.

-original Message---
From: Goodfellow, Patty -SXEC
Sent May 23, 2007 2:28 PM
To : Laporte, Eric -lOR
Cc: Boric, Cyril-DFA -FTAG; Gervais, Susan -SXTO; Proudfoot, Douglas Scott -DFA -FTAG; Joyce, Jason -SXEC;
Regimbal, Marc ·SXED; Gibbins, Christopher -OFA -FTAG; Daous t, Sergine -SXTO; Charette, A.ndr6 ·SXEC
Subject.: RE; Datab&se Requirement for lOR (Afghanistan)

Eric,

Please let US blow wbeo the updated version oftbe spreadsheet will be made available 10SXTO.

A question came up during an SXD task force meeting this moming. Correctional Services Canada has asked for a C4
workstation for their headquaners. Work is underway to make this happen . Presumably, esc will be accessing the
spreadsheet and any database that is eventually developed. (Please comet me if I am wrong.) Do you know whether they
already have a database system in use in Canada that could be tweaked and used by OFAITi' (We like 10promote the reuse
before buy before build principle.)

05/0712007

Nov. 14. 2007 EV.OfAIT.0002.0 178 ' ~7

 Page 5 of 7

We can chec k with our technical co lleagues at esc, allhough you might have better contacts or have the answer already.
Best regards,

Patty Goodfellow
Account Manager / Gestionnaire de comptes Client Relations I Relatioos avec les clients (SXEC) Phone I Tel : 944-2060

--Original M.....e--
From.: Gervais, Susan · SXTO
Sent: May 18. 20074:20 PM
To: Laporte, Eric -IDR; Goodfellow, Patty -SXEC
Cc: Boric, Cyril-OFA -ITAG ; Proudfoot, Douglas -OFA -flAG; Joyce, Jason -SXEC; RcgimbaJ, Marc -SXED; Gibbins,
Christopher -OFA -ITAG ; Daoust. Sergine -sxro
Subject: RE: Database Requirement for IDR (Afghanistan)

Patty. Eric,

The permissions ha ve been set up as indicated bel ow. We have the older version of the file in place but it was noted at the
meeting that we would be provided with a new version. This is still pending. .

Susan

--original Message--
From: Laporte, Eric -IDR
Sen t: May 17, 2007 3:53 PM
To: Goodfellow, Patty -5XEC
Co, BorIc, Cyril-OFA -FTAG; Proudfoot, Douglas -OFA -FTAG; Gervais, Susan-SXTO; Joyce, Jason-SXEC; Regimbol,
Marc -SXED; G ibbins, Christopher -OFA -ITAG; Daoust, Sergine -SXTO
Subject: RE: Database Requirement for IDR (AfgbanistaD)

Patty,

Thanks for the reminder. Would suggest the followilla C4 accounts (Christopher or Scott may have additioDal ideas) :

ReadlWrite
KANDH·J(AF C4R

Read Only
KABUL-OR C4R
KANDHC4R
IDRlLaportc
OFA ITAG/GibbinsiAndersonlBorle
DFD FrAGlBuck
IFMISwordslAdler
IRH-GHAlG<>lbe<i/Nguyen
n.JIINolkc

Cheers and thanks,

e

--original Messag~
From.: Goodfellow, patty -SXEC
Sent: May 17,2007 3:39 PM
To: Laporte. Eric -IDR
Cc : BoriC, Cyril-DFA -flAG; Proudfoot. Douglas -DFA -flAG; Gervais. Susan -SXTO; Joyce. J~ -SXEC; Regimbal,
Marc -SXED ; GtDbins., Christopher -DFA -ITAG ; Daoust, Serginc -SXTO
Subject: RE; Database Requirement for IDR (Afghanistan)

Eric,

05/07/2007

Nov. 14. 2007 EV,OFAIT.0002.0178

 Page 6 of7

A qui ck reminder that S:XTO is on stand-by to po st the Exce l spreadsheet once you have identified the employees requiring
access to it (phase one, noted belcw.)

Patty Goodfe llow

Account Manager I Gestionnairede comptes Client Relations I Relations avec les clients(SXEC)Phone I Tel: 944-2060

- -Original Message--
From: Goodfellow, Patty -SXEC
Sent: May 14,2007 12:13 PM
To: Gibbins, Christopher -OFA -FrAG
Cc: Laporte, Eric -IDR ; Bcrle, Cyril .DFA -FTAG; Proudfoot, Douglas -DFA -FTAG; Gervais, Susan -SXTO; Joyce, Jason-
SXEC; Regimbal, Marc -SXED
Subject RE: Database Requirement for IDR (Afghanistan)

Thanks for your message, Christopher.

We are taking a two-phase approach - immediate and longer term . (1) As soon as lOR provides the relevant information,
SXTO will prepare the permissions and place the existing Excel spreadsheeton the _ f o r use by select employees at
KANDH, KABUL and headquarters. (2) Longer term , SXED is looking at database options based on the business
requirements identified during the May 9 meeting. Once those options have been detail ed, we will let you know .

Regards,

Patty Goodfellow
Account Manager / Gestionnaire de comptes Client Relations I Relations avec les clients (SXEC) Phone I Tel: 944-2060

-..Qriginal Message--
From: Gibbins, Christopher -ITAG
Sent: May 10,2007 5: 10 PM
To: Goodfellow, Patty -SXEC
Cc : Laporte, Eric -IDR; Boric, Cyril-OFA -ITAG; Proudfoot, Douglas -OFA -ITAG
Subject: RE: Database Requirement for IDR (Afghanistan)

Patty

Sony I missed the meeting yesterday and appreciate your readiness to consider schedul ing options.

I met today with Eri c on detainee issues and he very kindly provided us with a debrief of yesterday's meeting, but would be
happy to discuss further if you like.

I understand from Eri c that SXEC is now reviewing database/programming options and we look forward to hearing from you
OD this.

Cheers
Christopher

Christopher Gibbins
Deputy Director (policy & Advocacy), Afghanistan Task Force (FTAG) Dirccteur Adjoint (politique et Promotion des
int6rits), Groupe de travail sur I'Afghanistan (FTAG)
Tel: (613) 995-6962

--original Appointment-
From: Goodfellow, Patty -SXEC
Sent: May 8, 200 7 12:56 PM
To: Laporte, Eric -IDR; Lafontaine, Annie -IDR ; Gibbins, Christopher -ITAG; Regimbal, Marc -SXED; Gervais, Susan -
SXTO; Goodfellow, Patty -SXEC

05/07/2007

Nov 14,2007 EVOFAITOOO2.0178 6 0f 7

 • Page 7 of?

Cc : Joyce, Jason -SXEC

Subject: Database Requirementfor lOR (Afghanistan)
When: May 9, 2007 ):00 PM-2:00 PM (GMT-OS:<IO) Eastern Time (US & Canada).
Where: LBP-C2-S00-conference RoomISaile de conference

When: May 9, 20071 :00 PM-2:00PM (GMT-OS:OO) Eastern Time (US & Canada).
Where: LBP-C2-S00-c0nrerence RoomISalie de conference

« RE: Database Application for Afganistan»

Further to my e-mail message (attached) of this moming, let's meet on Wednesday afternoonto look at the database business
requirements and to explore options.

Please invite others as appropriate.

05107/2007

Nov, 14. 2007 EV,OFAIT,0002.0178 7 0f 7

 Page 1 of 1

PROUDFOOT Douglas Scott -flAG -DFA-C4

From: LAPORTE Eric -lOR -G4

Sent: May 7, 2007 6:42 PM
To: KABUL -GR -G4R; KABUL -l-iOM -G4R; KANDH -G4R; KANDH -KAF -G4R
Cc: BUCK Kerry -FTAG -G4; ANDERSON Cery -FTAG -G4; GIBBINSChristopher -FTAG -G4; SWOROS
Cellaen -IFM -G4; MULRONEYDavid -DMA -G4; PROUDFOOT Douglas Scott -FTAG -G4; BECK
Stefanie -lOR -C4; POUPART Isabelle -loR-C4
SubJlK:t: Detainee Database
SECRET CEO

As we prepare to implement the proposed SOPS, please find attached an excel spreadsheet listing detainees
transferred or released by the Canadian Forces. As mentioned at this morning'steleconference call, we are
contemplating having the attached spreadsheet serve as our detainee "database"as an interim
measure. Additional columns may be required for follow-up purposes. In this context. grateful for any
suggestionsfrom posts.

We are also exploring with SXTO modalities by whIch the spreadsheet could be accessible (readlwrite) by
KABUL , KANDH and KANDH-KAF and "viewable- by other selected addressees as appropriate. As we move
forward, we will need to consider the possibllity of establishing a more fulsome database using MS Access or
other similar software .

Drafted/Released: IDRlLaporte

7/04/07
Nov 14,2007 EVDFAIT.OOO2.0179
""
 -
I
DIlle ore.
20-Jan-02
.. Loeatioa of Ca
Afghanistan
re Date of Traufer
20-Jan-ll2
2 20-Jan-02 A~ 20-Jan-ll2
3 20-Jan-ll2 A~ tan 20-Jan-ll2
20-Jan-02 A~ 20-Jan-ll2
S 23-Ma -02 At; 24-M, -02
23-Ma -ll2 At; 24-Ma -02
7 23-May-ll2 AfghAnistan 24-May-ll2
8 23-May-ll2 Afghanistan 24-May-ll2
9 I3-Jul-ll2 Persian Gulf I4-Jul-ll2
10 I3-Jul-ll2 Persian Gulf I4-Jul-02
II I3-Jul-ll2 Penian Gulf 17-Jul-02
12 I3-Jul-02 Penian Oulf 17-Jul-02
13 100Jun-llS North Anbion Sea II -Jun-ll5
14 O4-Scp-05 Afghanjstan II-Scp-OS

15 04- 5 At; 5
16 O4-Scp-05 Afghanistan 10-Scp-05

17 09- 5 A~ anistan 09- 5

18 24- 5 A~ 27- 5
19 06-~5 A~ 06-Dec-ll5
20 03-M...-ll6 At; stan 04-MOT-ll6
21 15-MOT-ll6 Afghanistan 15-MOT-ll6

22 07-Apr-ll6 Afghanj,tan 08-Apr-ll6

23 07-Apr-ll6 Afghanistan 08-Apr-ll6

24 07-Apr-ll6 Afghanistan 08-Apr-ll6

S 10- -ll6 At; II-A -os

26 22- -ll6 Af 24- -ll6
7 22- -os At; 24-A -os
28 29- -ll6 A~ 29-A -os

Nov. U , 2007 EV.OFAIT.0002.0180 1 of 10

 29
30

31
32
29-A -os
29-Apr-ll6

29-A
29-A
A~

-
Afghanislan
29-A -cs
29-Apr-ll6

29-A
29-A
33 29-A 29-
34 29-A 29-A
35 29-A 29-A

-
....
36 29-A 29-
37 29- 29-
38 29-A
39 29-
29-

Nov. 14.2007 EV.OFAIT.OOO2.0180 201 10

Nov. 14, 2007 EV .DFAIT.000 2.0 180 3 of 10
Nov. 14, 2007 EV.DFAIT.0002,0180 4 of 10
Nov. 14, 200 7 EV.DFAIT.OO02.0180 5 of 10
Nov. 14.2007 EV .DFAIT.0002.0180 6 of 10
Nov. 14.2007 EV .DFAIT.0002.0180 7 of 10
Nov. 14, 2007 EV.DFAIT.OOO2,0180 8 of 10
Nov. 14.2007 EV .DFAIT.0002.0180 9 of 10
Nov. 14 , 2007 EV.DFAIT.0002 .0 18 0 10 0'1 0
 Page 1 of 2

PROUDFOOT Douglas Scott ·FlAG ·DFA-<:4

From : KANDH -I<AF -C4R

Sent: May 8. '}f)(J7 1:55 PM
To: LAPORTE Eric -lOR -C4; KABUL-GR -C4R; KABUL-HOM -C4R; KANDH -C4R
Cc: BUCK Kerry -FTAG -Col; ANDERSON Cory -FTAG -C4; GIBBINSChristopher -FTAG -C4; SWORDS
Colleen -IFM .(;4; MULRONEY David -OMA-C4; PROUDFOOT Douglas Soott -FTAG -C4; BECK
Stefanle -IOR..c4 ; POUPART Isabelle -IOR -e4
Subject: RE: Detainee Database
1. Thanks for sharing the draft detainee database with us. Please find below a few comments/questionson the
product as it currently stands :

2. 10 Number: Is this the detainee number as provided by the CF? We assume so, but grateful you confirm.
Both DND and DFAIT should use the same numberingsystem to ensure we minimise confusion.

3. General Physical Conc:Utlon : FYI, the CF medically examine each detainee twice. Once upon capture and
once upon release. However, the detainee transfer notificationforms we have so far provkSed to the le RC and
AIHRC includ e only deta ils on physical condition upon transfer/rele ase. We assume this is the informa tion you
will want to see reflected in the database .

4. It is not dea r to us what is the difference between ' Date of notification to leRe· and ·Confirmation of
notification", According to the new SOPs, KAFIPOLAD will send an email to G ENEV & KABUL, copying DFAfT
and many others, asking that they notify the leRC of the transfer or release of a detainee. Thus, presumably,
' Date of notifteaU on~ is the dale that GENEV shares this info with the ICRC HQ, But are we then expecting the
tCRC to confirm that they have received the notification? Grateful for dariftealions on what exactly is the
difference between "Date of notification~ and ~ConflllTlation of notffication~

5, We have a simiar question for the AIHRC: what is the difference between ' Dete of Notification~ and
~Confi nnation of notifi cation"?

6. Generally speaking, it would indeed be useful for KAF, KABUL soothe PRT to be able to update the
database. Monitoring visits will be conduded mostly by the PRT and Embassy personnel and thus. both wiMalso
need to access the databaseto update it accordingly.

Martin Laflamme
Political Advisor tothe Commander
Joint Task Force--Afghanistan

Kandahar Airfield

--<lriginal M.....___
From: LAPORtE Eric·IDR..()4
Sut: May 7,2001 5:42 PM
To: KABUL -GR-oIR; KABUL -HOM -oIR; KANDH.(;4R; KANDH -JCAF -oIR
Ce: BUCK Kerry -FTAG -01 ; ANDERSON C"", -FTAG .(;4: GffiBINS Chmtopher -FTAG -01 ; SWORDS
Colleen·JFM.()4; MULRONEY David -DMA -04; PROUDFOOT DouglasScott-ITAG..()4; BECK Stefanic·IDR
-ce, POUPART Isabelle ·IDR-C4
Subject: Detainee Database

SECRET CEO

As \¥8 prepare to im~ment the proposed SOPS, please find attached an excel spreadsheet listing

7/04/07
Nov 14, 2007 ev OFAIT 0002.0181 '~2
------
• -- - -- - - - - - - - - - - - - - - - - - -- - --- --- - - -- - -
Page 2 of 2
•
detainees transferred or released by the canadian Forces. As mentionedat this morning's teleconference
call, we are contemptating having the attached spreadsheet serve as elK detainee -database- as an interim
measure. Additional columns may be required for follow-up purposes. In this context, grateful for any
suggestions from posts.

We are also exploring with SXTO modalities by which the spreadsheet could be accessible (readlwrlte) by
KABUL, KANDH and KANOH·KAF and ·viewable- by other selected addressees as appropriate. As we
move forward. we will need to consider the possibility of establishing a morefulsome database using MS
Accessor other similar software.

DraffodlReleased: IDRILaporte

7/04/07
Nov. 14,2001 eV.OfAlT.0002.0 181 2012
 Page 1 of 2
,
PROUDFOOT Douglas Scott ·FTAG ·DFA ·C4

From: GIBBINS Christopher -FTAG -C4 ( 5..v

Sen': May 11, 2007 8:21 AM
To: ANDERSON Cory -FTAG -(;4
Ce: LAPORTE Eric -lOR -(;4; BORLE Cyril -FTAG -(;4; PROUDFOOT Douglas Scott -FTAG -
Subject: FW: Detainee Database
SECRET CEO

Cory - hopethis finds you well

The attached spreadsheet (content aside) indicates how data"has been assembled and organized to date. As
Eric's message below says, we are looking at data organization and access options . In a meeting Eric attended
this past Wednesday (May 9) it was mentioned that the Military Police may well havea fully functioning database
which we could (possibly) simply "borrow" and adapt to our needs ~ rather than reinvent the wheel .

What we need, as we know, is system which can be easily searched and sorted , and will allow multiple points of
data entry and viewing access .

We were wondering if you could check with the MP to see what they are using, whetheryou think it might be a
useful base from which to start, and whetherthey would be open to "sharing" - (step two would be figuring out
what that actually meansfrom a technical pointof View).

Eric can jump in if I have misrepresented the discussion and needsof the Wed meetingin any way.

Thanks
Christopher

----Original Messag~-
From : LAPORtE Eric -IDR-C4
Seat: May 7,2007 6:42 PM
To: KABUL -GR -C4R; KABUL-HOM -C4R; KANDH -C4R; KANDH -KAF-C4R
ce BUCK Kerry -FTAG -C4; ANDERSON Cory -FfAG -C4; Gm BINS Christopher -FfAG -C4; SWORDS Colleeo-IFM
-C4 ; MULRONEY David ·DMA -C4; PROUDFOOT Douglas Scott -FfAG .C4; BECK Stefanic -lOR -C4; POUPART
Isabelle -IDR -C4
Subjed: Detainee Database

SECRET CEO

As we prepare10 implement the proposed SOPs, pleasefind attached an excel spreadsheet listingdetainees
transferred or released by the Canadian Forces. As mentioned at this morning's teleconference call, we are
contemplating havingthe attached spreadsheet serve as our detainee "database" as an Interim
measure. Additional columns may be required for follow-up purposes. In this context, grateful for any
suggestions from posts.

We are also exploring with SXTO modalities by which the spreadsheet could be accessible (reacllwrite) by
KABUL, KANDH and KANDH-KAF and "viewable" by other selected addressees as appropriate. As we move
forward, we will need to consider the possibility of establishing a morefulsome database using MS Access or
other similar software.

DraftedlReleased: IORJLaporte

7/04/07

Nov. 14, 2007 EVDFAITOOO2 .0162 1012

 Page 2 of 2

7/04/07

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._--- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
 .... _._...__ .

PROUDFOOT Douglas Scotl.fT"G .oF"-c4

From : KANOH -KAf ~R
Sent : June 4, 2007 4:22 AM
To: KANDH -C4R; BORlE:: CyriI -FTAG -C4
ce: PROUDFOOT Douglas SCott -FTAG -oFA .(;.4; GIBBINS cmstopher -FlAG -C4; KA8UI. -GR-e4R;
BUCK Kefry -FTAG -DfO.04; LAPORTE Eric -IOR .(;4; KA8UI. -HOM -e4R
Subtect RE: Detainee Database
Erio,

Tha nks for your work on Ihls . As we d lsaJued. I wil l be pleased 10 act as the "ma llet" of the spreadsheet. To
ensure the Iatter'a lntegrity, however, it Is crucla l from now on. and until auch time 81 we ha ve 8 real data ba se,
that anybody wishing to modify the spreadsheet tnt get in tou ch with me to ge t the lates t (and o nly otIldal)
versiofl. Th is wil l allow one penon (me) 10ensure lhat at any given time , the apread sheet Is being modifled by
one person orIy and thus , ensute lhal a unlque vtnion IS being used. If I get muIlipIe requests &om people
wishing to modify it (e.g.)'OlI. Cyril or the PRT) , I wi! manage the process of sending the SJlfeadsheet to the given
individuals, in tum, one at time . In oIhef words, I wi! play the management role which is auklmaticaIY buill Into a
real database.

Hope this netps .

Until later ,

""'" --QriginaI M CIIq_

Fn.: KANDH -e4R
Seat : J_3, 200711:14 AM
To : BORL.t CyriI -FTAO .(;.4; KANDH -KAF -C4R
c« PROUDFOOTDou, Iu Scott-FTAG -DFA -(;4 : GIBBINS ChriIlOpher -FTAG -<:4: KABUL -GR -otR; BUCK
KClTy ·fT AG ·DFD -04; LAPORTE Erie -IDR -e4
SlIbjecl: RE: Oe Wnee D. tabue

Cyril, Martin,

Many thanks for Ihis. I understand that it was time consunW1g and sotrl8tirMs diIlicull: to 10ft out. I heYe
m8de &OITMl slight modiflc:alic:ln5 (e.g. refel81a lg the liOU't:e d Wo on the status of ~ if I1Ileesed or
IWbsequeotIy re-(raosftlffeCl by the NOS ). l lwve also made two separale IU listing ltlOMl5lll belieYed to
be in custody and those which we ha ve been advtsed have been released 10 as to be able to qulckJy
ascertain !he numbers involved.

2. For KAN DH -KA F - As per our telecxm, g'alefu l lf KANDH-KAF ooukI be lhfI "maste(' of the spreadsheel
from now on (und such a lime a8 we can set up a da tabase) and make all necessary additions based on
Input from OND, KAB UL and KANDH.

3. For KABUL. peful fat ~ on bAeted pants 5 an:I8 of FTAGIBotIe's mag below as !here
appears to be Inconsistondes in the Information provkSed by the NOS. idudlng a posstie listing of
detainees whiCh may 00 1have been ITIInsferred by \he Canadian Forces. Please note, cletaiMe numbers
in FTAGJBorte's menage corre spond 10 the spreadsheet attached to his mag not/not the one currently
attached (apologies if ItIIs causes any confusion but 1have had to renumber In order to renect changes
Indicated In fint above ).

Oral'ledlReleased; IDR/LaporIe

7/04/07

,.,
 Page 2 of 5

Sst: June 1.2007 I:S2AM

n : LAPORTE Eric: -IDR -04; KANDH -1CAf-e4R
Cc : PROUDFOOT IJrou&Iat Soou -fTAG ·Of A -04; Gffi 8INS 0riIt0pbcI" -fTAG -ce KANDH-G4R;
KABUL -GR -<:4R; BlICX. Keny -rr
AG -0fD -C4
Sabject: RE: ~ omt-

Hi Martin -.l Eric,

1 have updated the detainee spreadsheet by incocporallng the three MW documents. nemety the
NOSTable of detai nees. KANOH-C4R update on May 18. 2007 re: Detainee Database. and a table
ahowing. tatus of Detainees transferred by the CF to US authorities.

The latter two_ . no problem at all. Incorporating the NOS Table of Detainees wa s extremely
tlme-oonlumlng and basically took me all day. Plea se note the following In regard s to the N OS
Table :

• TI'Ieonly changes I made _ 1I to Colu mns W (Statui) and Colu mns Z (com ments ).
• The only usable crClSs-('8ferenc:e point was the NOS elate of arrest and our dalel of
captureltransfEl'. and eese __ not aIwWfS exacIIy the same . Usu ally lhey were only off by
• few days, but whenllhllte wasa big diffetenc:e (there were some cases wtlere NOS offlciaI
cIate oI.-mst is about a month later than our dale of capCl.Jreftransfe) I have noted
the disaepancy in the statui column (w) and in the oomrnenls a*Jmn (z).
• Names 01 detanMls WlQ almostnever the same, but dose enough in most cases when
c:ombIned with date of atreStIcapb.n b be c:ertm. There were a couple cl times when I
~ assuming names mIgtIt be a IitlIe bit of a &lretd1 (Sily only 80% certain) and I have
indicated this In the status column (w) and in the cornrneru c:cIumn (z ).
• PIeaM be aware Ihat on the NOS table there are 12 du plica tes , oo mbet's 72 • 83 m u,ive
duplica tes of NI1ier 8I'Itrie$ (num bers 3O-42 1nc1usiYe, excluding no. 38). So !here are only
real ly 83 detainees listed on the NOS table, not 95.
• On the NOS table. for numbfn 38 and 39-42 (and their du plicates 80-33) the NOS ind ica tes
that the detaineesare released about 3 months BEFOR E they are arrested. I could not find
any of these detainee names anywhere on our spreadsneet.
• There were also 15 names on the NOS Table for which I could not find an equivalent on our
spreadsheet. These are numbers 6, 38, 39180, 40161, 41/82 , 42183 , 56, 57, 58, 59, 50, 85,
86, 87, and 88 on the NOS list. These are either NOS emn In that they were not detainees
lransfetred by CF, or !hey are errors In identifying the detainee by nama (I.a . the N OS name
and otM" nama do not match).

Someone is going to t\ave to follow up on the last two points with NOS.

ERIC....NII found the reason for the extra row ~ dalanMs 52 and 53 and haw rectified the
problem (had 10 add additional notific:ation info 10 delaklae 52 and lhefI deleted the extra row).

NOTE TO AlL FUTURE UPOATE RS ...... the Row Hum_ and the Detainee Number . . NOTINOT
the same. Rownumber 2 is detainee number 1. " . gats confuslng when youcan no longer see
detainee number (col umn A) on the spreadsheet as you wOOl. towards column Z bu t you atiII see the
rownumber. I froze the detainee oolumn (A) so it showed up all the time, but slln you have to be
careful not to Input on the wrong row. It would be much better II" we could hide the row num bers (I
don' know how to do that) , or start the row numbers from0 (I cion' know how to do that either, or if
you evan can) so that the row number and detainee numbermatchup.

As t understand it, further updates will be made by KAF. Please ensure that you copy me on all
future changes to the spreadsheet. Unfortunately It is quite difllcutt to wor1t with, hopefully we can
develop. reel database (instead of. spreadsheet)in the near ful\Jre.

7/04/07

'*'" 1 ~ 2001 2.B

 Page30fS "

--original Mcssagc--
F'Tem: LAPORTE Eric -IDR-C4
Seal: May2S, 2001 12;) 7 P M
To: BORLE CyriI . FTAG -C4
Cc: KANDH -KAF -C4R; PROUDFOOT Doua las Scott -FTAG -DFA -C4; GIBBINS Christopher -flAG ..
C4; KANDH -C4R; KABUL -oR.()4R; BUCK Keny ·FTAG -DFD-C4
SalJj Kt: RE: Detainee D.tabue

Cyril,

Pleasefindattached a sllghUy updated version of the detainee sPI'eadsheet. Could

you update the Infomlation received from KANDH, KABUL and WSHDC as per attachments?

Erio

From: GlB6lNS Qu1stopher -FTAG -<:4

sent: May zz, 2007 5:37 PM
To: lAPORTE Er1c -IDR < 4
ce KANDH·KAF -C4R; BORLE CyrIl-FTAG -0'; PROUDFOOT DouglasSCott -flAG <4
SUbject: RE: Detainee Database

Eric .. not a problem

_ .-original Message--
FTom: LAPORTE Eric -IDR-C4
SeDt: May zz. 2007 1:S3PM
To: KANeH -KAF ·C4R
co GIBBINS Christopher -FTAG-C4
Sa bject: RE: Detainee Database

C<xy,

Understood. Could you send us the Iast! i.ted version of the s preadsheet that you
have (we Intend to have it placed on an here but remain accessible to KAF,
PRT, KABUL and vlewable for others un we can get a real databaseup and
running).

Christopher,

Can I ask Cyril to make the updates below once Coty provides us wittI the latest
versiOnof the spreadsheet?

Cheers,
e

From: KANDH ·KAF -C4R

Sent: May 19, 2007 1: 16 AM
To: LAPORTE Eric -IOR-C4
SUbjKt: RE: Detainee Database

7/04/0 7

I-lo'v. 1. , 2001 ,.,

 Page 4 of 5

Thanks Eric. There are some operational Imperatives happen ing on the ground here
that wUl become apparent next week . As a result , Genera l Grant has asked me to stay
on a little while longer than expected. I can try to fill in the spmadsheet, but it's going
to be really diffICUltto find the time between now and my departure.

_·....Qriainal Message--
From: LAPORTE Eric -IOR -OI
Sn;1 : May 18, 2007 3:24 PM
To: KANOH-OIR
ce GOLBERG Elissa -IRH-GHA -01; KANOH -KAF -OI R
Subjm: RE: Detainee Databue

Gavin, EI,Jssa, Cory,

Many thanks for this. I can have the Informa tion Irl(l()I"pl)r8ted here but I wonder
if KAF could not make the necessary inputs so as to avoid having different
versiOnS of the spreadsheet floating around - Cory?

c......,
•
Frvm: KANDH -C4R
sent: May 18, 2007 3:08 PM
To: lAPORTE Eric -lOR <4
ce GOlBERG elissa -IRH-GHA -C4; KANDH -KAF-C4R
Subject: RE: Detainee Database

During our most recent visit to the NOS, we went through recent transferred
deta inees with a view to determining what has happened to them . The answers
we received broke down Into three categories:

1) Released. Applies to Detainees numbered :

of"
2) Sent to Sarpoza prison.

Individual 1$also known as _

jsson
is son of

7/04/07

~ 14 , 200 7 EV.OFAll.1XI02.0 1(1<1

 Page 5 of 5 '

•
3) Sent to Kabul NOS

I (SUbsequentlY released by NOS Kabul)

(subsequently released by NOS Kabul)

Should someonebe updatingthe databasewltIl this Information? If 110, who

would that be?

--Qriainal MCSMic --
From: UJ'ORTE Eric-IDR..()4
SttIt: May8, 2007 3:12AM
To: KABUL -oR..(;4R; KABUL -HOM .c4R; KANDH .c4R; KANDH-KAF
-oIR
Cc: BUCKKeny -FTAG .c4;ANDERSON Cory ·FTA G .c4;GlBBlNS
ChriaIopber -fTAG.c4; SWORDSCoUeen -IFM -C4; MULRONEY David -
DMA -C4; PROUDFOOTDoualu Sooll-FTAG.c4; BECK Stefanie -IDR -
C4;POUPART Isabelle -IDR -C4
S_bJed: DetaiIx:e Databue

SECRET CEO

As we Pl'8pare to Implement the proposedSOPs, please find attached an

excel spreadsheet listing detainees transferredor released by the
Canadian FOI'"eeS. As mentioned at this morning'steleconferencecall,
we are contemplating having the attached spreadsheet serve as our
detainee "database" as an Interim measure. AdditionalooIumns may be
required for foIlow~p purposes. In this context,grateful for any
suggestions from posts.

We are alsoexplor1ng with SXTO modallll8s by wtIiCh the

spreadsheet could be accessible(reacllwrile) by KABUL, KANDH and
KANDH-KAF and "viewable" by other seIecIedaddresseesas
appropriate, As we move forward, we will need to consider the
of establishinga more fulsome database using MS Aooessor other
slmilarsoftware.

DraftedlReleased: IDRll...aporte

7/ 04/07

~. 14, :1007 EV,DFAlT.0002.01$4 ,.,

_, ' . , 2007 eV,OfAlT.lXXr.!.Q1 SS ..
,
 24-Mar-02

Afahanistan 24-Mar-02
Penian Oulf I4-Jul..Q2
Pen.ianGulf I4-Jul..Q2
Pasian Gulf 17·Jul.Q2
Penian Oulf 17·Jul.Q2
NOftbArabian Sea Il -Jua-OS

Afabanistan 08-""'-<>6

AfabaniJcan 08-"",-<>6

Afpniswl: 08-"",-<>6

A' .....
Afgbutiston
11- -<>6
24-Apr.()6

A'
Ai ......
Af,haniswl
29- -<>6
29- -<>6
29-""'-<>6

-<>6
-<>6
-<>6

Afa,hanistan 24-Mar-02

Afahanista n 24-Mar-02
Pusian Oulf I4-Jul..Q2
Pcn.ianGulf I4-Jul..Q2
Pasian Gulf 17·Jul.Q2
Penian Oulf . 7·Jul.Q2
NOftbArabian Sea Il -Jua-OS
II-S<o-<lS

Ali istan 04·

 Page 1 of 2

PROUDFOOT Douglas Scott ·FTAG -DFA-C4

From: KANDH -G4R

Sent: May 3, 2007 3:57 PM
To: LAPORTE Eric -IDR-oI
Cc: MULRONEY David -DMA -01; SWORDS Colleen -IFM -01; BUCK Keny -FTAG -01 ; BECK Stefanie-
lOR -01; POUPART Isabelle -lOR -01 ; McRAE Robert -100 -01; NDHQ orr
0 NATO POL-oI;
GOLBERG Elissa -IRH-GHA .(;4; NOLKE Sabine -JLH -ce
PROUDFOOT Douglas Scott -FTAG -C4;
ANDERSON Cory -FTAG -01; NDHQ +CEFCOM J9 -oIR; SINCLAIR Jill -PCOIBCP -oIR; DAVIS
Christopher -QGD -PCOIBCP -oIR; ALEXANDER Vera -QGD -PCOIBCP -oIR; LAROCQUE Carl -
XDC -01 ; KABUL -GR -oIR; KABUL -HOM -oIR; KANDH -KAF -oIR
Subject : KANDHOO30 - Comments on Enhanced MonitoringNisrt SOPs
SECRET CEO

For ONATO POL: Please forward to Col . N. Anderson. Cmdr Chuplck

For CEFCOM J9: Please forward to G. Duschn.r, M. Carter

Ref JDR0366 03MA Y07, detainee teleconference 04MA Y07

Further to ref telccn. KANDH comments on the draftSOPs follow. We have four main suggestions:

1) In the current contextwould recommend focussing on detainee treatment ratherthan on facilities. Specifically,
the "how to conduct a prison visit" document is more a facility audit process than a monitoring tool. The issues it
raises are alread y being addressed through existing capacity building work, and CSC is well able to assess the
institutions without having to integrate a questionnaire of this kind into the monitoring process. Would therefore
suggest that this document be dropped.

For a much shorter text giving guidance on monitoring individual detainees, we would suggest assessing how a
detainee has fared on the following points:
• registration and records (admission, transfer, release- enables tracking of detainees)
• medical (enables identification of abuse)
- related issue: potential for self harm
• access (by lawyers, AIHRC, visits, outside news)

tn the SOPs document, Canadian Roles and Responsibilities, would therefore change bullet 3 to read :

• DFAIT personnel at Kandahar Airfield and the Provincial Reconstrudion Team (pRTl monitor the overall
condition of detainees transferred by the Canadian Forces ... {to refocus on the individuals, not the facility]

On the same rationale, in the SOPs document, Ad Hoc Spot Checks, would change the first paragraph to read :

• Ad-hoc spot checks to facilities which hold detainees transferred by the Canadian Forces should be
conclucted with a view to ensure that detainees are being pro~r1y treated and examine the overall
conditions of detention. (would delete aI/after that point, as being addressedthrough the capacftybul/dlng
mandate rather than the monitoringprocess]

2) Sooner rather than later we anticipate we will need to address failures in due process in the Afghan system, for
which legal expertise will be required . The only legal expertise currently available in Kandahar belongs to the Odn
Forces. In the SOPs document, Canadian Roles and Responsibilities. would therefore change bullet 3 to read:

• DND Provide legal, technical, logistical and force protection support...

7/04/07
Nov 14.2007 EVOFA ITOOO2.0186 1012
 Page 2 of 2

3) UNAMA is one of the potential sourcesof support when it comes to detainee monitoring. In the SOPs
document would therefore add references to UNAMA alongsideAtHRC and leRe in two locations:

• Spot Check Reporting, para 2

• Follow Up Action, para 2

4) It is dear in the document where DND's responsibilities end and those of OFAIT begin, but it is not clear where
DFAITs engagement would cease. To avoid an open-ended engagement, would therefore suggest adding a
paragraph after the Resource Requirements section that specifies at what point we cease to actively monitor an
individual (commencement of trial? sentencing? release? other?).

Note that given time constraints it has not been possible to consult with KABUUHOM on this msg .

KANDH/Buchan

--Original Message--
From: LAPORTE Eric -IDR-C4
Sent: May 3, 2007 6:15 AM
To: KABUL -OR -C4R; KABUL -HOM -C4R; KANDH -C4R; KANDH -KAF -C4R
Cc: MULRONEY David -DMA -04; SWORDS Colleen -IFM -04; BUCK Keny -FTAG -04; BECK Stefanie -IDR-
C4; POUPART Isabelle -lOR -04; McRAE Robert -IDD .0; NDHQ OIT D NATO POL -04; GOLBERG Elissa-
IRH-GHA -C4; NOLKE Sabine -JLH -C4; PROUDFOOT Douglas Scott -FTAG -C4; ANDERSON Cory -FTAG-
C4; NDHQ +CEFCOM J9 -C4R; SINCLAIR Jill -PCOIBCP -C4R; DAVIS Christopher -OGD -PCOIBCP -C4R;
ALEXANDER Vera -DOD -PCOIBCP -C4R; LAROCQUE Carl-XDC-C4
Subject: JDR-0366 : Draft. Enhanced Monitoring/Visit SOPs
Importance: High

SECRET CEO

For ONATO POL: Please forward to Col. N. Anderson, Cmdr Chuplck

For CEFCOM J9: Pi.... forward to G. Duschn.r. M. Carter

As discussed previously, please find attached draft standard operating procedures (SOPs) for enhanced
monitoring for detaineestransferred by the Canadian Forces in Afghanistan. Also attachedare the
proposed ANNEX A and ANNEX B to the SOPs. The documentwill be discussed during tomorrow's
interdepartmental conference call.

DraftedlReleased: IDRlLaporte

7/04/07
Nov, 14. 2007 EV.DFAIT.OOO2.0186 2012
 .. ,
~ .,r
~
.' GIBBINS Christonher -FTAG -C4
C7
From : KANDH -KAF -<:4R
Sent: July 6, 2007 6:09 foN,
To: ANDERSON Cory -FTAG -<:4; NOLKE sabine -JLH -<:4
Cc:: GOLBERG Elissa -IRH-GHA -C4; KANDH -C4R; GIBBINS Christopher .FTAG-C4;
PROUDFOOT Douglas SCott -FTAG -DFA -<:4; KABUL -HOM -<:4R; KABUL -GR -<:4R;
BUCK Kenry -FTAG -DFD -<:4
Subject: A question on the transfer of Minors

I
I SECRET CEO

Cory , Sabine,
,

, Hcce all is well on vcur end,l :

,

Many1tmnksirradvance.

Martin

--Original Message
From: KANDH -e4R
So"" JUIlIl30, 2007 12:37 PM
To: KANDH .I(A F -e4R
ce KABUL -GR-C4R
Subject: RE: A questionon the transfer of MinoI's

SECRET CEO
.
Hi Kevin,

c heers,
Ga vi n

--Original Mosuge-
From : KANOH -I<AF -C4R
s.nc June 29, 2007 6:44 PM
To: KABUL -GR .c4R; KANOH-c4R
Subject: A question on the transfer of Minors

SECRET CEO
1

Nov. 14, 2007 EV.OFAJT.OOO2.0187 1012

..
.'
Thanks,

Kevin Re.
DevelopmentAdvisor to the Commander
Joint Task Force-Afghanistan

Kandahar Airfiekt

----Qrigi~1 Message
From: KABUL -GR-C4R
sent: June 25, 20076:34AM
To: BUCK Keny -FTAG -DfD-C4
Cc:: MULRONEY Dmcl-DMA..c4; SWORDS Colleen ·IFM -C4; lAPORTE Eric -IOR:.e.c; KABUL -HOM ~
KABUL .oR -e4R: KANDH oC4R; KANDH -t<AF -e4R; NDHQ +CEFCOM J9 -C4R; NOHQ OTT ADM (POl)·
C4; SINCLAIRJiII·PCO/BCP -e4R; Public: Safety...(;.4R
SubtKt; KBGR0294 - Detainees: Site viall to Kll bul NOS Detention Facility

SECRET CEO

KANDH - KAF: Please pass to General Grant

NDHQ OTT ADM (POL): For Vincent Rigby. Also pleasepass to JAG.
PSEPC: Pis pass to Suzanne Hurtubise

1. On June 19, KABUL conducted a site visit to the Kabul NOS detention facility. Please see attached
report.

« File : NOS Site Visit (June 19).wpd »

2. As KABUL has now received documentation on the four canadian-transferred detainees supposedly
held in Kabul, and it appears as though we have only visited one out of the four, we intend to request a
visit with the other three sometimethis week.

Drafted : Bloodworth
Approved : Colvin

Nov. 14, 2007 EV.DFAIT.00020187 2012

Nov. 14, 2007 EV.DFAI T.00020188 1 01 5
 •

Nov. 14, 2007 EV.DFAI T.0002.0188 2015

Nov. 14, 2007 EV.DFAIT.OOO2.01B8 3015
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Nov. 14, 2007 EV.DFAI T.00020188 4 01 5

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•
•

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NtN 14. 2007 EV DFAlT 0002.01 89 10 of 10

 Proudfoot Doualas Scott -DFA -FTAG
From: Gibbins. Christopher -DFA -FTAG
Sent: May 14, 2007 6:23 PM
To: Laporte, Eric -lOR
Cc: Beck. Stefanie -lOR; Proudfoot, Douglas ·DFA -FTAG
Subject: RE: Detainee Q&A Additions

Hi Eric - if the question is the flaw then we can just change it, non? I'm the one who
came up with it in haste this morning responding to a specific request from Kerry for a
Q&A which would address/incorporate the training sessions.

The question could then be, something like: What support has canada provided to the AIHRC
for workshops it is organizing in Afghanistan? (Although how one would know or why one
would ask that eludes me at the moment)

-----Original Message-----
From: Laporte, Brie -IDR
Sent: May 14, 2007 6:15 PM
TO:' Gibbins, Christopher -DFA -FTAG
Cc: Beck, Stefanie -IDR; Proudfoot, Douglas -DFA -FTAG
Subject: FW: Detainee Q&A Additions
Christopher,
PIs see mag from PCO on the proposed HR. capacity-building points. They would prefer we
provide something which is more broadly focused (perhaps CIDA could provide points on
other capacity-building projects which have been supported). I believe that FTAG would
be better placed to respond to this type of request.
In the meantime, I will make the necessary changes to the NOS facilities bit and
incorporate into the Q&A.
Cheers,
e

-----original Message-----
From: Alexander, Vera - pca
Sent: May 14, 2007 3:29 PM
To: Laporte, Eric -IDR
Cc: Beck, Stefanie -IDR
Subject: RE: Detainee Q&A Additions
Eric,
I will see this on the other end when it goes through the conrns channel for approval by
PCO, but let me share wi th you a couple of general observations ...

Re: Capacity-building, the question lends itself to a more comprehensive, bigger -picture
reply -- it is not limited only to Kandahar, only to the two workshops, and only to the
AIHRC. The workshops are but two recent examples of our overall effort, which includes
assistance to the AIHRC to improve its capacity to undertake its obligations, including
monitoring Canadian-transferred detainees and reporting back if there are concerns.
Re: Visit to NDS faci lity, line one makes it sound like they went there to hand over a
copy of the supplementary arrangement. Far more important (and reason for their going),
are points 2 and 3, so they should be rolled into a first bullet.
Cheers,
Vera

Nov 14, 2007 EV OFAIT OOO2.0190 1 01 3

 ._ - - - - - - -- - - - - - -- - - - - - - -- - ---,
j

- --- -Original Measag e - - - - -

From: Laporte, Br i e -tDR
Sent: May 14, 2 0 07 1 : 3 5 PM
To : Holke , Sabine -JLKA ; Alexander, Ve r a - PCO; 'BOS, MeforceB.gc.ca' ;
'CHOPICK. MJ.fo r c e B. gc. ca '; Nguyen, Mi - I RH - GHA
c cr Bu ck , Kerry - OFD - FTAG; Swor ds, Co l l e en - I FM ; Beck , St efanie · IDR, Gibbins,
Chri s tophe r - DFA - FTAG; Pro udfoot , Doug las - DFA -FTAG; Christo f f, J ames -DFC -PTAG ;
Maherali. Alnoor -DPB - PTAG, Godin , catherine -IRH -GIlA; Gi lmour . Mendy -IRP
Subj e ct : De t ainee QU Additio ns

Co lleague s,

We have been a sked by a / KI NA t o add two questi ons to the detainee QMA with respect t o
Canadian assistance on human r ights capaci ty bui l ding (de s i r e t o highligh t upcoming AIHRC
seminar s) and t o r e s pond t o whe t he r we have made v i s its to the HOB fac il ities since
s i gni ng the supplementary a r r angement .
In this cont ext, we (PTAG/Gi bbi ns and I l would propose the foll owing points. Grateful
f or c ommen t s/ s ugg e s t ion s ASAP f or inclusion into the detainee Q&A .
Drafted/Released: IDR/Laporte
Cons ul t e d : FTAG/Gibbins

....._-------------
0 1 What i s Canada d oing t o help build A£ghan human rights ca paci t y?

A1 As part o f Canada ' s broad support f or human r ights capacity-building efforts in

Afghanistan , Canada i a a . sisting t wo AIHRC- i nitiated. and led worksbops t his week and
next.
A2 The f irst will p resent the AIHRC mandat e , obj ectives and a c t i vit ies t o t he Afghan
National Army, t he Afghan National Police , the Na t ional Direc t o r a te o f Security and othe r
relevant o rgani za tions .
A3 At the s econd , the AIHRC will o f fer ~ pilot human rights semdnar fo r pol ice o f fi c e r • .
I t i s hoped t hat this c an fo rm the basis for a human rights component o f Afghan Nat i onal
Po l ice t r aining .
...
O? Has Canada visited NOS facilities following the signing o f t he supplementary
a r r angemen t ?

Al Following the signing of the .s uppl ement a ry arrangement on 3 May in Kabul, canadian
authorities visited the NOS facilities i n Kandahar where they handed over a copy of the
a r r angemen t .
A2 During their v i s i t, Canadian officials unde rs cored the full and unrestricted access
p rovi sions o f the s upplementary arrangement , and made it c l e a r that t hese provisions also
a ppl i e d to the AIHRC and the ICRC.
A3 The Head o f t he NOS facilities in Kandahar committe d t o cooperating fully wi th
Canadian o ff icial s a s well a s wi th t he AIHRC and the ICRC as per t he eeeee of t he
s upplementary arrangement.

At The v isit was mad e wi thout prior not i c e and Canadian o f fici al s were g iven immedia t e
acce s lll to t he corrpound .
--- - -Ori g i nal Message - - - - -
Prom: Gibbins, Chri stophe r -DFA -FTAG
Sent: May 14 , 2007 11 : 55 AM
To : Christoff , J ames -DPC -FTAG
Cc : Laporte , Brie -IDR; Mahe ral i, Alnocr -DFB - n AG
Subj ect : FW: A few questi ons

,
Nov, 14, 2007 EV.DFAIT0002.0190 2013
 James - please see Bric's request below. Q&A belo w is proposed for first question - re :
t raining sessions upcoming in Kandahar .
Have you seen language on Q2 - ie. visit t o NOS f a c il i tie s following signing of 8UPP
Agreemen t ?

o What i s Cana da doing t o he lp build Afghan human rights c apaci ty?

Al Canada is ,p r ovi ding l og istical suppo rt t o t wo AIHRC-initlated and l ed workshops this
week and next .
A2 The fi r st will pr esent the AIHRC mandate , objectives and a c tivi ties to t he Afghan
National Army , t he Afghan National Police, the National Directorat e of Securi ty and othe r
r elevant o rganizations_
A3 At t he s e c ond , the ~ HRC will offer a pi lot human rights seminar for police officer s.
I t is hoped t hat t his can form the basis for a human rights component of Afghan Nat i onal
Police tra i ning _

Nov 14. 2007 EV DFAlT.0002.0 190 aer a

 SecrelCEO

Canada transfers individuals detained during military operations to the Afghan government,
under the December 2005 bilateral arrangement. This is consistent with our overallobjectiveof
reinforcing and building up Afghanistan's indigenous institutions. Through an exchangeafletters in
February 2007, the Afghan Independent Human Rights Commission (AIIIRC) undertakes to notify
Canada of allegations of mistreatment of detainees transferredby Canada. The supplementary
arrangement concluded 3 May 2007 between Canada and the Government of Afghanistan provides
explicitly for Canadian follow-up visits, as well as the unrestricted access byAlliRC, JeRe and
Canadian officials. Visits by Canadian officials will complement, rather than supplant, the AlliRC role.
The Government of Afghanistan has undertaken to investigate the allegations of abuse of detainees
reported in the Globe & Mail. We areusing everyopportunity to remind senior Afghan officials.
includingPresident Karzai, of Afghanistan's responsibilities under the arrangement.

Current and existing Canadian programming in the corrections, policing and justice areas _
including
the appropriate processing and treatment of detainees. To on e 5 uman n ts
capacity, and particularly on its ability to monitordetainees transferred by Canada, we will also provide
specific assistance to the AIllRC. A needs-assessmentmission will identify the AIllRCs capacity gaps
and areas where training, funding and other assistance is necessary for it to fulfil this function. On 15
May the AIHRC conducted a seminar at the Canadian PRT in Kandahar to educate Afghan law
enforcement officials on their human rights obligations. Another such seminar will takeplace 24 May to
seek to incorporate human rights awareness as part of thepolice training curriculum.

Canada has developed Standard Operating Proceduresfor the complementary follow-up visits
which Canadian officials will undertake to facilities housing detainees transferred by Canada. The
guidingprinciple of these SOPs, as with the supplementary arrangement which they implement, is that
Afghan institutions retain primary responsibility for detainees. Although ad hoc visits by Canadian
officials had occurred previously, the first periodic visit under the prototype SOPs took place 15 May,
to the National Directorate of Security (NOS) facility in Kandahar. An Ottawa-based official
participated in this visit in order to field-test the SOPs; minor refinements may be madeto the SOPs
upon her return to headquarters to take account oflessons learnt during the visit. No detainees
transferred by Canada were present a the NOS facility 15 May, but the team did review the prison
records to ascertain the whereabouts of detainees transferred by Canada, and inspected general prison
conditions using a template based on international standards. Although they noted some deficiencies,
including overcrowding and the use ofleg irons, they didnot report any evidence or allegations of
mi streatment, NDS authorities advise that in their new facility, currently under construction, the use of
leg irons will not be necessary. In the interim, we will seek to offer training on the use of appropriate
restraints consistent with international standards.

Nov. 14, 2007 EV,Of A1T.0002.01 9 1 1 01 1

 •

MAHERAU A1noor -!'TAG-c4

.:rom: KANDHoC4R
Sent: May 12, 20071:25 PM
To: GIB8INS ct-oislcl>h« oFTAG -ce
ceo BUCK KenyoFTAG.oro -e4 ; PROUDFOOT Dot9as ScoI!oFTAG -DFA-e4; LAPORTE
Eric -lOR -cs: KABLtA,R oC4R .
Subject: RE: KANDt«:1031.~ -detairleel:_8CCM$1n Kandahar

~
_has
CONRDEImAl.
nIorTna1ion is

advise as we earn
that

.
not yotapproachod
~1trIgfor a document from

KANDHlBuchan
----()rIghaiI t' gI
From: GlB8JNS a.'*'c:t* -fTAG-e4
sent: ~ 8. 2007 3:43 AM
To: KABUL.QR-G4R
ce BUCK K.-ry -FTAG -ce FAJRQilLD OrAd -FTAG -IRP -e4: GOI.BSRG Ella -4RH-GHA -C4; EXTOTT -OMA -04; KANJH.f(N
~ .........w> Nda -FTAG -01; EXTOTT -Fl'AO -ce EXTOTT 4RP -e4; KAPEUAS...,... ~ -GR oC4; HOFf'MANr(
. Rcn -LON -oR -04: ..fiA.GUE -:C4R: AI..EXANOER V. . .()G[) of'CQI8CP -e4R; SINClAIR . . ~ -c4R; SINCLAIR
Robert -GI+C -cc:NOLKE SIIln...vt.c4; N:lHQ OTTADM (POl) -04; NOHQ OTTD NATO POL.c4: 1ClHQ.cEFCOM
HQ ~ EXTOTT ~RH -GHA -ceEXTOTT..fOR -ce
1Q.BUl4iOM -e4R:: EXTOTT ~DD -c4: EXTOTT 4FM-e4;
OIGA.NGl.Jal'rl-4~..c4: PtHNGTON P't'I-BNATO -GR <;4; BURGESS AIww E .sNATO -GR..(:.4 ; COOTER QwIs.

._ RE:KAIIlHOO31._--_0CC0II"..-
SNATO -GR-c4; LAPORTE Ertc-lOR-e4; KANOH -c4R; PROUDFOOT DougIa Sa>tl-FTAG-c4

CONFIDENTIAl
Ref KANDHOO31 and KBGR~275

1. KABUl·wouldlllto to takeup two is5ues: (a) the disaepancles In ~messaglng and (b) the UK

-='"
~~ K you could seek-an update from
KANDHOO31 P.... 3 below).
3. UK TracIdng PropooaI. We _ e the UK proposal and wcuId ask that that be communic:etad to UK
counterparts. W hie we ur-derstand that the UK is not p<esenl!y seeking a fInoncIaI commitment from Canada, we
recommend that KABUL 8nqui'e of thei' UK counterparts -Mlether a financial contribution wouk1 be wek::ome. HQ
open to the possIbilty and Is CUITllntly considering financing options, and woold hope to be able to COl olr1bute.

Drafted: FTAGIGIbbino
Approved: FTAGIProudfooI

~f' gl
From: I<AI«)H .e&R
hnt: MtyT.20074:11 PM
To: PROUDFOOT DougilI:I ScoII-FTAG-e4
Cc: BUCK K'"Y -FlAG -ce
FARCHn.D DftId .nAG.(Rp.(;.4; 00lBERG EIaa 4RH-GHA -ce EXTOTT -otM -ce tw«)H-Y.AF
1

Nov. 14,2007
EV.OFAlT.0002.0192

'of'
 ·. ,
oC4R; GIBBINS a i"*4A_ -FTAG~: ~ NaiI-FTAG.c4; EXTOTT -FT"G~ ; EXTOTT ..jRP~ :
KAPEU.AS Ivn -lDN.QR oC4; ~ Ron -lDN -oR« 4-lAQUE-c4R; ALEXANDER V. . .<:lGQ ~
-ce
...c4R: SINCtAlR . . -PCOo'ItCP .c.4R; SINClAIR Robert -GI+t -C4; NOl..KE SIibhe.JI.H tOiQ OTT AON (POl) -
on
C4; f<I)HQ D NATO POL.c4: IOiQ +CEFCON HQ ~ EXTOTT -tRH -GHA. oC4: EXTOlT -mR -c4; KABUI.-
HOM -c4R; EXTOTT -eo oC4: EXTOTT -FU-et: 0fG,\N0I Jom 4Sl-c4: PIJoNNGTON m -8NATO -OR-c4;
BURGESS Arne E -8NA.TO -oR -c4: COOlER Dn-8NATO-GR -04; KABtA.-GR-c4R: LAPORTE Eric..jOR,-c4
"'!bjM:l: KAJrIJHOO31 - N(Iwt dIlWi. . . .vRC ~ n ~

CONFIDEImAL

. !'J I ~ IDdoy wIIh

oNDIADM • IHRC. smce tho AprI26 dell <_
by tho PRT beb-.. tho A1HRC and tho NOS) A1HRC had twice vIsIed tho.NOS and was satisfied that access
problems in Kandahar had been resoIyed. One of 1tlose visits had beon about a _ before (presumably tho
AprI29 ";sn mentioned In nrfteI) and tho second had taken place 1hls past _end.
2. We passed a hanl copy of tho Canada-Afgllanistan supplomentay arrangement on _ _ to ~
_
advised him that a =
and highlighted for him the provisions guaranteeing AIHRC access to NOS fac:lIJtios and record• . We also
had beon prosentod to tho NOS _
NOS had said !hey VoOUld comply fully with . Ions.
it tho day, and that ~ tho Kandahar

4. On tho proposal to croato an NOS tracI<Jng system. VoOUld nolo that tho NOS is
of detention. a1bolt an impor1anl one. For example. an indMduai could be ......ted by tho ANP. transfomod to tho
NOS and then moved to a Ministry of Justice faeIIfty ltIce Sarpoza prlson In Kandahar. Enhancing tho tracl<hg of
detal.-. in !he NOS systemwould only capture one sogmont of this process, and might woIleave key questions
unanswered. Wou)dtre efOi 8 recommend against reforming the NOS trac:k!ng system In isolation- for maximum
effect. reform would neee to be synchronizedwith changes to tho prison and ANP registration and tracking
systems.
KANoHlBuchan

CONFIDENTIAL

Nov. 14.2007
EV OfAlT.0002. 01 92
, ~s
 •

Nov 14,2007 EV OFAIT OOO2.0192 3015

 •

20. Follow-up mootIn; with A1HRC. Yesterday aflemooI\, HOM/LalanI.

MGen Ward, met separately with A1HRC. A11ha1 meotInil. HOM assured Dr. Samar IhaI we woold test our
""" """"llOfTlont _ and AIHRC access to NOS IaclIIties In Kandahal' - as soon as possible.

21. Bocl1mmendalionS: .
I) ~ is In Cdn intorests to wort< lor improved AIHRC access·

•
Nov, 14. 2007 EV.DFAIT.OOO2.0192 4 015
 ..
' j In eooperation (and good company) with UK, tho< proposal in our vieW makes sense. However. we should
put soma money behind our political support.
ii) Wa should gIYo a posItIvo response to tho UK but also move _ to lost rnonItllring access In Kandahar
with the eurent a rangement as soon as possible.

Drafted: SIoodwOr1h. Colvin

ApproYecI: Lalani

Nov. 14, 2007 EV.DFAIT.0002.0192 5015

 .. --------~

PROUDFOOT Dou las Scott -FTAG -DFA · C4

From: KAPELLAS Anna -lON -GR -<:4
Sent: June 1, 2007 1:27 PM
To: EXTOTT -FTAG -<:4
Cc: BUCK Kerry -FTAG -DFO -<:4; PROUDFOOT Douglas SCott -FTAG -DFA -<:4; GIBBINS
Christoph... -FTAG -<:4; KABUL -GR -<:4R; GOLBERG Elissa -IRH-GHA -<:4; EXTOTT -DMA
-<:4; AHMAD Nadia -FTAG -<:4; HOFFMANN Ron-lON -GR -<:4: -HAGUE -<:4R; SINCLAIR
Jill -PCO/BCP -<:4R; SINCLAIR Robert -GHH -<:4; NOLKE Sabine -JLH -<:4; EXTOTT -IRH -
GHA -<:4; EXTOTT -lOR -C4; EXTOTT -100 -<:4; EXTOTT -IFM -<:4; DIGANGI John-151 -
C4; PINNINGTON Phil -BNATO -GR -<:4; COOTER Chris -BNATO -GR -<:4; LAPORTE Eric
-lOR -<:4; KANOH -<:4R; BORL~ Cyril -FTAG -<:4; EXTOTT -IRH -GHA -<:4; BONSER
Mlchael-IRH-GHA -<:4; MORRISON Gordon -lON -GR -<:4; LON -GR -<:4; LON -HOM -<:4;
SAINT-JACQUES Guy -LON -GR -<:4; KABUL -HOM -<:4R; BURGESS Anne E -BNATO-GR
-<:4; BNATO -<:4; -HAGUE -<:4R; EXTOTT -JLH -<:4
Subject: XNGR-3140: Afghanistan - Discussions with UK ondetainee transfers

CONFIDENTIAL - CEO

HAGUE: Please pass to Husain

Nov. 14 , 200 7 EV.DFAIT.0002 .0193 1012

 Drafted/released: LDNlKapelias

Nov. 14 , 2007 EV,OFAIT.OOO2.0193 2012

 PROUDFOOT Douglas Scott -FTAG -DFA-C4
From: KABUL -GR -C4R
Sent: April 28. 2007 4:25 AM
To: KABUL -GR -C4R; KANDH -C4R; KANDH -KAF -C4R
Cc: MULRONEY David -DMA -ce SWORDS Colleen -IFM -ce POUPART Isabelle -lOR -e4;
NDHQ OTT ADM (POL) -C4 ; ANDERSON Co<y -FTAG -C4 ; COOTER Chri s -BNATO -GR-
C4; BUCK Kerry ~FT AG -ce LAPORTE Eric -lOR -ce GOLBERG Elissa -IRH-GHA -cc
NOLKE Sabine -JLH -C4 ; ALEXANDER Vera -OGD -PCOIBCP -C4R; EXTOTT -FTAG -C4 ;
PROUDFOOT Douglas Scott -FTAG -C4
Subject: RE: KANDHOO26 - Visitto NOSdetention facility (corrected copy)

SECRET CEO

Nov, 14. 2007 EV.DFAIT.0002,0194 1 of 1

 JOINT TASK FORCE AFGHAN!STAN (JTP·APG)
THEATRE STANDfNG ORDER (T$O} 3Z1A
~T!qNJ);;AFGHAN NATIOt:/ALS At:lQ.QT!,ER ?EFH~ON§

References: A COS Djrecnve .~. Campalgil Plam:.ing in Support of CF Transltlon from

~h" <1:-:.- ~ • '"

L.._-"fi." fii4!lm'm g pe ancn f B l~ omm~ . " n

E. B-GC-OOs-n04-AF-005 Use of Force in CF Op~"'1I0"$
F. Ger:ev'd CorwentrOrl lfl Rda!!ve to 1he Treatment of Prisoners of War 19:49
G. Queen's. Regulations and Oreers for the Canadian Forces Volums 1> articles 4,02
and 5,01
H. B-GJ-005-11WFP·020 Prisoner of War Handfi"9, Detainees and interrogation &,
Tacucal QuestionIng in tntemat.!onat Operations
I. 1061.11/ J8CGWOOM)S ISAF D<ltentiofl Policy, 28 Jan 2005
J. Amngeflwnt fOI lIw Transrer of D<llainees between the Canadian Forces and the
Islamic Repub!lc or Afghanls",n 19 Dec 05
K. 0817002 DEC 06 CDS ROE AUTil 002006
L ~)(categic Targeting Directive - 01' ATHENA 28 February 2007
M, 3350·2-LEG-11 (LEGAL 0) Nov 05
N, Technical Arrangements. bet1tvBun th(1 Govemment ofCanaca and the Government
cftne rs!arn~c Republic of Afghanistan 1.9 DeeD5
O. B-GJ-005-104/FP-023 Code Qf Conduct for CF Personnol
P. BNGJ~OO5-104/FP ¥021 L..aw of Armed Conflict at the Operational and Tactical Levels
Q. Exchange of letters. JTF~Afg Agreement to Notify the AIHRC February 2007
R Strdfeglc Targeting Directive ~¥ or LEGION 28 r:-abruary 2007

Purpose
1. The purpose of this Theatre Standing Order (TSO) Is to promulgate Joint Task
Force Afghanistan (JTF-Afg) poHcy and procedures retating to the detention of Afghan
osnonels or other persons by Canadian FOf<.';GS (CF) personnel during Operation
ATHENA .

2. Canada does not currently possess the capad1y to maintain short or long-term
cst€ntkm facilitlea in t..fghanistan. Strategk dfrection proscribes that lndivlduals
apprehended In the course or the ongohg armed conWct wouid either be;

a, Released: Dr

1112
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Nov. 14, 2007 EV.ONo .oon .0032 1 of 33

 SECRET

,. Transferred to Afgl',an aUlhomles.

3. It is CF pol icy that all de tainees will be treated to the standard required for
prisoners of war {PW) as indicated in the Third Geneva Convention. as this is the
highest standard of treatment established under lntematlcaattaw. R.eference 0
expressly provides that persons ",110 are detained by CF personnel must at all times be
treated humanely . Any unlewnn act or omission causing death or injury is prohibited.
No detainee may be subjected to physical mutilation or to l't1OOicof or scientific
experiments of any kind. Detainees must at all times be protected; particularly against
ac ts of violence or intimidation znd against insults and curiosity. Act s of repris a! ag810&1
detait:e€$ are proh ibited .

Commander' s Intent

4. CF personnel may be confronted with circumstances that will make It necessary

to ternpcrartly detain Afghan nationals or other persons for reasons of sell-defence,
fo rce protection or for other legttlmate reasons related to the accomphsbment of their
mission, untHthey can be transferred to the Afghan aethonties. The primary purpose of
taking detainees is to reduce the threat to CF personnel and to facilitate the completion
of the mlss:On. It is not to detain persons who may be of irlteiligence value. although
this rrl8'i be a by-product of the process. This necessitates procedures for the safe and
humane handling of any person detained in the course of operations . This TSO is
intended to promulgate direction to ensure that any person temporarily detained and
transferred by JTF-Afg is processed swiftty, falr1y and justly lAW the above references
and ~ ntemationa llaw. Under tne Law of Armed CcnfHct. the treatment of detainees is a
nations! responsibility and for that reason it is of the utmost importance that JTF·Afg
personnel and units deal I,\'ith detainees In a manner that reflects credit on Canada at all
times,

Definitions

5. b this Order, Detalnee means any person, on-e- than a Canadian Natonal.
whose initial capture and detention, for \.".1'latever reason, occurred at the hands of
members of the CF,

6. Coalition Forces are defi ned as the forces of nations partlcipating in. or
prOViding support to, the NATO-led International Security Assistance Force (lSAF).

7. Afghan National Securi ty Forc es (ANSF) are defined as the appropnate

Afghan agency to which the cetainee is transferred and includes. but is not limited 10.
tne Afgl1an National Army (ANA), the Afghan National Police (ANP), the National
Directorate of Security (NOS) and local police torces.

8. JTF~A fg Detainee LO is defined as an office r, preferably at the rank of m ajor or

above. fftlo is designated by Come JTF-Afg as the liaison officer between JT F~Afg and
lhe ANSF, Coalition Forces . jne International Committee of the Red Cross (lC RC), the

2112

SECRET

Nov. 14, 2007 EV.OND.OClO2.0032 2 0133

 SECRET

Afgha n Independent Human Rights Comrniselon (A lHRC) the civitian population and/or
any other orqenlzatien BS mQul(B:cL

g. Tran sfw" t.ocs non is define d as that point Of location, where the c:flptufing force
coocucts tne handover of the lndivk:h.m1(i» that is/are in their custody to the ANSF.

L GENERA L PRINCIPLES

Legal Backg ro und - 01' ATHENA

1o. As ouWned at mfBreflce 1"\, due to 1he threat posed oy AI Oalda (AQ), the Ta ~jban
and Anl i~Co almon Armed Groups (ACAG) (now referred to as Other Armed Groups
(OAG) th rCtJghovt this TSO), Canada ls e.xercbing its IndIvidual and ccrecbve lignts of
selk~efunce as recognizee by UNSeR 1373 and subsequen t U.N. resolutions" Car,.ada
is co(;td!>uting to the lnlemational camp aign against terrorism wlthin the framework of
lSAP. Further, the i slamic Repubflc of Afghanistan and the Government of Canada
nave entered into a T~hiiica\ Arrangement \\'heret>¥ the Government of Afghanistan
nes requested Can adian assistance 1n the prosecution of the ongoing armed oonfHct
against Ai Oa toa. toe Telibao an d Of\Gs (reference N refers).

11. Op ATHENA is conducted in ccnrcrmeace ':t,;"itll the Law of Armed Con:mct

(LOAC ). In this context reference K IdenHHes Aj~Qa1da (AQ) and t~ Talin an ae parties
to an awed conflict. The Hezo-E~ 1~!ami GUJbuddit\ {HiG) and OASs directly
participating in ho:StHi1;BS are aiso parties to an armed conflict OAGs are belleved to
operate under the direction of, in support of. or in conj unction vvith, AO and the Taliban
hut may also operata independently (refereoce L refers}.

12. In accordance with reference, K, detained members of the AQ, the Taliban, the
HiG and OAG w!)o have taken an acuve pa.t in hostilities agai»st the; C F and/o r
Coalition rOfCfJ:S .am to be treated humanely in accordance with the standards set in the
Geneva Ccrwentlcn relative to the Treatment of Prisoners of War (GC lll) of 1949, until
such time as their status is detemunsc. Detainees will be transferred to ANSF in a
manner cons istent vAih Intematior13llaw lAW the negotiated assurances regarding their
treatment and transfer.

13. As outlined at refe rence L, there may also oe a requ irement for imperatjve
or
reasons force protectkm to detain persons VA10 themselves are not taking a direct
part in r:osWities, but who are reasonBbly believed to be prcvldina support in res pect of
acts har'!nfu f to the CF and/of C-oaHt!on forces. Consistent with the nature of the task,
such cperattons VIlHbe conducted in accorda nce wlth interna tional prirlciples p9rtaining
to the use of force as it. a p-p~ i es to law enforcement activllles and In accordance wi th
CDS apPfO'/€d rules of eng agemen t (ROE),

3/12

SECRET

Nov. 14, 2007 EV.DNO.00020032

 ~ E C RET

II. G lJmANCE IN OPERATIONS THAT MAY INVOLVE DETAiNEES

Planning fo r Deretnees

14, In any mission, lhe po$slbiHtyof detaining ind1vlduals ¥!ithlll the Afghanistal1 area
of operations {AOO) mdsts, Accor<Hngly, this <Nr'ltlngency must ahvays be factored into
mission planning with appropriate cc-ordiaatton and syochronlsation of JTF,Atg wit h
ANSF or Coamion Forces. Mission planning should tncfuce the JTF-Afg Prevost
Marshal (pt-t1 ) and JTF-Afg Legal Advisor {lEGAD} where there is a l1 k€liihood of large
numbers or detainees. or unusual circumstances that will make dBtalnee harn:mng
partlcdMty diffiCUlt.

ResponstbHity fo Detal nees

15, in a combined operation b2tv,.'een the CF and ANSF. tho AN-SF wll! normally be
expected to take respone;ibiHty few detainB 0s. When the natufB of lhe operation
jf)cHcates that the CF i..'S fact uany and logaly in charge of the det ention and eve ntual
transfer!.C ANSF. CF p$rsorw\el wHl use me Detainee Recore of Transter Form (Annex
F} in order to docurneat the transfer.

10. in a combi()od operation bet'i.-'C(m the CF and other C.oaHHon Forces, the
parHoipcting forces, pnor to the operation, will determine the overall rescc osjbuiry fo r
cetamees and any delegations of responsibility necessitated by the specific oceration.

!II. GUIDANCE FOLLOWING CAPTURE, TREATMENT AND PROCESSING OF

OETAINEES

General Pro cedures

17 . The gen.eral procedures thklt outline the acttons foaowing the capture of
detainees are found at Annex A Spe.-cific fesponslbW'tles of JTP~Afg staff 1n the
tem porary detention and transfer process are found at Annex G ,

Tre atm~nt and HaruHing of Detainees .,.., General Prin ciples

18 , A! detainees shan be trestec fairly a no humanely lAW applioabte international

taw and CF docirina. in particular the CF Code of Conouct. As a m lnimum, the
treetmeot of a detainee wm rnee! the follo\....lng standards:

a. Dnte.inees wtH be processed a nd held temporarily In a transfer Iacifity

SUitable for 1hat purpose, removed from pUb!k~ curiosity and view Of any
~hreat to their safoty or "v.elfaro;

D. De1ail\ees wiil receive Iced and water In sutIlclent quantity and quality to
sustai n them irl a good state of health , As far as is operational iy feasiblB ,

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Nov. 14. 2007 EV.DND.0002 .0032 ",n

 ddainees wm be provided \filth a diet th~t corsorms to th£:lr mHgiovs tenets
Or' customs;

t: Adequa t~ provision \'\~B be made for 8: detainee's hygiene and sanltdtbn~

and

d. No dd ah00 wW be sublected to crue l, inhuman o r degrading treatment-

It is the duty of both o fficers and ncn-comrrasaienef members to report any act ual or
susPGc100 abuse endror mistreatment of detainees lAW retarence G. The COde of
S er{b~ Discipline provides fot !,'~":l(ldflc offences reiating to the mistreatment of persons
in the custody of members of the CF . Tho Detainee Treatment Card (Armex B) sh aH be
distributed to any JTF-Afg member ¥.-no may detain an ~ndh.'1dua l l n the course of thek
duties,

DetN'l1ion On o.r After Contact

19 , On the site of a contact (ei ther of opport l,l n~ty or as a result of a deliberate
operation), individuals who are known or fe8sor'\~nly beHeved to to members of any of
t h(-) following categories shaH be tempor8dly detained by JTF~Mg for 'furtfHH' processing
and eveniual transfer 1.0 ANSF:

3. IndMdua!s who are an approved target;

b . AQ, Ta litJan, HiG 0; ether OAG teaoers:

c. AQ, Taliban, HiG or other GAG fighters; and

0, Ind ividuals who constitute a threat to Coamjon Forces Or ANSr ,

Note; Detainees wHl not be takeil solely tor perceivec inteHigeilCB value, however,
ir11eWgence may be a by-product of detabing an individual who was or is a threat to
CQalition Forces,

.20. In determining \vhether or not 'an individual belongs to one of the above
categories, the person making that decision must have a ' reasonable belief". A
"re asonable belief> is neither mere speculation nor ebsotute ce rtainty. It is a beHef that
is loglf.aHy based on all the fads knmvn at the time , indurling lntf:mgBnce .and
observaton of tnG itx.lividual's tehavlotJf,

2 1. If, in the course of a: rniwsion, 11 is impractical to extract delalnGd indlyiduals

meeting tr.e criteria o uWned above, the Individual's physical ccnditlcn shall be recorded
and they must be released with appropriate ratione and wa ter.

Wounded uetainees

22. lrtiJred and wounded detainees are to receive the same: medical treatment as
Ca:nad~n ~SUa!tiBs with priorlt es for treatment and evacuation being allocated solely
5/12

Nov. 14. 2007 EV DNO.OOO2.oo32 scraa

 t'.lC'£ofchng to med ica! ceteris. On capture, V<t(l undBrl de tainees are to be disa rmed and
moved up th~ casualty evacuatio n cha in to t.'1e neare st medIcsl ale station. At the
medical aid station, detainees al'B to be;

3. Searched in a manner thai wHl net aggravate tho detalnee s' medi cal
con.ditlon;

c. Questioned, but tactical question ing must have tho appro val of the
m0dica~ staff and must not interfere wth med icaf treatment Medical st aff
may e-f\~Y question irtluwd detalns.es floout the exte nt of their injuries,
Bines'S and other ctinlcal'y m!evant matters; and

d. Evacuated after hitt"il trea tmen t, either up H:e medical ch ain or through
the detainee precessing chain .

23. VJounded detainees bei ng treate0 at a medica ! facllity, v.'lli be guarded by JT F~

Afg pen,onne1 (pref€rBb!y MPs) until CDma JTF-Afg determines if thB)' shaH be released
Of tra nsferred to ANSF,

24 . Medica! disposition arrangements wl~! be at l he discrM io n of the. Senior Med ical

Advisor and iAW Hw GHn€Va Corwemcne and h::kHttcmal Protocols. and i ns pa tient's
best interests,

25, Once the on-scene cc mmander has determi ned, lAW applicable CA ROE, that a
person must be temporarily detained. the foHovAng steps shall be taken:

a. The lndhfidu a! wlH be S G CtlH.K1 'fil th Flex-Cuffs if any of the follow'ing

conditions apply;

{i} It is expected that en attempt to escape wUl be made;

{3} In other circumstances whe re. in the opinion of the on-scene

commander Or persons deetqnateo to escort tho detainee,
mechanical restraints are necessary for reasons of saf ety and or
secu rity.

Noto 1; Reference K authorizes the use of restraints such as F I€lx~Cu ffs

on d etain ed persoos If those cesemeo pe rsons pose a throat to
the safety or security to the mselves or to any e ther pe rson .
Howeve r, the application of mechanica l restrai nts shaH be lAW
instructions for the restraining devloo and must be d on e by

6!t2

SECRET

Nov. 14. ZQ07 EV.ONO.OOO2.0032 s er aa

 personnel trained In the use tnereof. Detainees .sreu never be
secured to <-my type of vehicle. structure or movable obJect:

Not.e 3:

Note 4; Individual JTF~Arg units shall ensure they review the applicable
ROE Implementation {ROE IMP} message and Us ampHflc~tions
to ensure Como JTF~Afg has authorized the above ROE.

b. T he etratn-ee-ccmmano shan be informed immediately upon

detention of an y personts). The cheln of command wBi then inform
Coma ,JTF-Afg lAW the procecures outHne-d in this TSO; and

c. When entering an ANSf installation or allY other facility of OPSEC

concern a blindfold. blacked out goggles or ear defenoem can be used.
Hoods wit! not be used.

Searching De tatnees

26 , AJ! detainees shaH be Immediately disarmed and searched for maso-ns or safety
and s€C1..lIity of CF or Coalition Forces, A searcher shall ensure all itBf(lSam rerroveo
from the detainee and examined to detennine their possible use ass weeocn, to assist
In Identl1y1ng the detainee and to determine if the items are of inle!llg(-;nce or Information
value,

27. Items (other than clothing. person;;;;! property and items necessary for the
detainee's protection) seized from the detainee shal as soon as pmcticable, be placed
in a secure bag or receptacle. The secure bag {o r receptacle; shall be marked with the
detainee's name, time and ptace of capture and "my other relevant information, Form
DNO 1361 , Tag· cepuve and EQuipITlenttDocument (Anrlex C } shaH 00 used. Each
item rrarst be documented in tnt) Seized Property Tag Sheet (Annex .1), Items found on
e d€~alnee wlB not norrn<:diy be returned to the indhrkival unless there are no 'Safety or
security concerns and the items are d€f~m('kj to have no inteltigence vakle,

28 . The cate, tltne, location and reason for detention shan be reoordc-d lAW the
guidance set out in this 1'80. A detalk.>. d statement on the p>~ysical condAion of the
detainee upon. detentron shaH be completed and ideally a prcrure and/or vcec imaqe
should hetaken. The Witness Statement Form {Annex E} shali oe completed by the
7/12

Nov. 14. ZQ07 EV.D ND.0002.0032 z ee sa

 SECRET

officer or non-comrmsstoned member who can provide the most accurate informaUon
with regardS to tho detsntion.

Temporary Numboring Sy st em

29, Any indl~dua~ ~hat is temperarily detained by JTF~Afg wm bo essiqned a number

as soon as possible. Detai nee: Numbers ~h:a!l only be asslgnt~d by JTf~Afg PM. This
(lumber shaifconsist of the number "Co"" followed by the date of capture (day, month.
year) and the seq uence in wh1ch the d~talnee ViaS capturec . for instancf), the second
person captured on 15 January 2006 '..mu!(j be asslgned 0615010£2,

Fe ma le De tal neee

3D, In all cases whew a female IS subject to detention, every effort wW be made to
dCff10 f)strate due,regard for her gender, as wen as her religious and mJ!tura1 practices,
to the extent that 1$ ope:mtionalty feaslb.1e, III particular, f~mafe detainees shaH be
afforded $leeplng and sanitary racOmes separate from male detainees, and protected
from rape and zE!xuatassault The follov,llnQspecial procedures shaH be adhered to
when detaining females:

a, \Vhem operationally feasible, a female guam wm be employed to escort and

ctoerwtse handle female detainees:

0. Where operationally feaslble, the female aetalr.ee shaH be he1d out of sight of
<'loy male detaines and public ,,-"Jew where praefcable;

c. \JVhere cpem!JonaHy maslble , no malo guard or any other male- may en ter the
tem po ra ry hakHng area 01 a female detainee unless accompanied by a female
guard ;

d Where (Jperatk,mall'y fea$ible, male and female detainees shall not be hdd
together unlBss Uhtk:r direCt supervlskm by guards of both genders; and

e. No oreterenaet treatmem Itil! be accorded to a temale detainee.

Ju veniles and Chil dren

31. Temporatiiy detained persorus} ",vr.--o appear to be less than 18 years of age wiH
.be treatoo with particular cam, The release and transfer of juveniles and chlid ren shaH
be lAW this TSO and in most instances they shall be transferred exp~dltlously to ANSF.

Determinatio n of the Requirement f or Co ntin ued Detention ) Transfer or Release

32, Ccmd JTF~Afg Is me sok~. "8-uthod1;.y empowered to make the cetennination

whether a temporarily detaine-o person shall be retB!nerl in custody, transferred to AN$F
Of released. Comd JTF-Afg may delegate authoritY to Commandi ng Offfcere \~.ithln JTFw
Afg fur mlease or transfer to ANSf or de tainees tBmporarHy held for m iner security Dr
Sii2
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Nov. 14. 2007 EV.DNO.OOO2oon .."

 SECRET ..
criminal rrcrtors. In all CUS0~~\ a detem11naUon to eith er retain a person for eventual
transfer or release >;,viH be made in con sertatcn with the JTF~Afg J2, JT F·Afg' S3, JTF~
Ng PM and JTF·Afg lEGAD. .1"" dec/slon to t ransfer or rel ease a detainee shall
be made Nt,r 9$-tns after Initial detention . Como JT F~Afg shall rovi~w the
clrcumstances surrounding temporary det~fltlon (wery 24 ho:;rs to determine if
contit.:w::1d detentkm is warranted. If a detaineB is to be transferred to ANSF then. as a
qenerat role Should Comd JTFNAfg determIne that a
detain~e is- to be transferred to ANSF and , fo r whateve r mason, that transfer 1s del ayed
beyond 96 Drs, Ccrnd JTF-Af-g shaH contact como CEFCOl<A for further gUidance and
direction. The procedures set out In Annex A datal! the procedures fo r conHnued
temporary edenton. transfer or release .

33 , There may arise cjrcumatences during cperatsces when detalness should be

immediately transferred to ANSF. Ccmd J'fF¥Afg must decide whether or not there ;j<,Ml
be imrre diat8 transfer to ANSF and , if so, m ake the appllcsole. arrangements vAth those
forces during the, p~anl1lflg and creoaratlcn of the mission, Should the detainee be:
immediatGr;ttransferred to ANSF, JTF~Afg shaH follow the guidance DutHred 1n t his TSO
and shan tuJ~Y comply with all eV~denilafY , m ed ica! and cocumentarv requi n~ me nts of
this TSO, All lnformatlon, incJucHng a compte.te Annex F less dew.lnee number to be
as signed by the JTF·Ng PM. shail 00 forwaroed to J TF·Afg PM .

Re que st fo' Return of Detainees fro m ANSF

34. For fo Bow up qUGsrcning, Of IclenHficatlon purposes it may be necessary 'for JT F~

Afg to request the return o f a detainee:wno has previo usly been transferred to ANSF,
The Como JT F-Afg can di rHci that ;'] request be maoo to ANSf for tho rdum of a
detainee who had previously been transferred to ANSF Where the request for return
results in the detainee being returned into C.<>:nadian custody, th1s TSO \vW be appHeti in
the same manner as When a de tainee ls taken Into Canadian custody for the first time.
In a;! such cases, ·t~B detainee \~jiil ncr be sssignoo a new number hut \viH 00 kientiHed
by the -detainee- number or1ginaiiy assigned to that Itl dlvlo uaL

Interviews and Tacti(;(l~ Questioning

36, Quest lon \ng of detainees shaH be done lAW reference H, QUGstloning of
detalnees \V111 only be conducted by MP $11' or MPO 81 personnel or trained
inteJrogatcrs. as fo-flov.-'S:

a. CA MPfCFNlS elements- for persons detained further to a :Ctimm~l

incident and to determine basic ide-nHflcatiori of itlcHvi<Juals concerned: or

l), CA COllnl6r¥lnt€J igsnce ek;m ents - for persons- detained further to a

security, OPSEC Offeree pro tection rdated Incident.

3-6, Arl'f tactical questioning shaM be recorded in U"le form outlined at Annex D -
Taetl?al Questioning Report 0nd aUinkmnatkm provided to C...omd JTF-Afg as SOon es
possible,
9/12

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Nov, 14,2007 EV.DND.OOO2.0032 90133

 SEC RET

Procedures for Tran sfer of Detaht{t;ts to ANSF

37 , The proceoures for trar.sferHng dEtainees to ANSF am {)utHflsd in the Annexes A,
1and N. The foHewing information shall be roM"Srded to ANSF foHowing arrytransfer:

a DND Capture Tag ;

8, Tac tical OUEistioninG Report {if applicable);

t. Fingerprints (if app!1f'...a.bI8); and

g, DNA (hair) sample (if applicable).

Note: Copies of th(f above infcrmatfon wm be made and retained by JTF-Afg PM.

$ . The fd!owlng Information, at a minimum. shaHbe forwarded to CE FCOM in

Sign ificant jr.ciderd Report (SlR) fonnet fo!;owlng the tempora ry detention of any
Individual:

c. t.ocanon, date and time- of capture;

d. Description of the circumstances surrounding the capture;

0, Physical state of the detainee;

L Location of the detalr'lBB at the time of reporting ;

g. Preliminary intent ooncomlng the detain~o; and

h. Provlde a SITREP concerning the status of detainees every 24 hours

and/or upon tne release or transfe r of detab%$,

Notification <>f the Afg han Independent Human Rights Commission (AIHRC)

39. By .exchange of lettem da t8d 20 and 23 February 2007 st reference 0, the Comd
JTF~Afg entered into an arrangement wi~ h the A1HRC to notify the Kandahar office of
the A1HRC about tho transfer of det.ainees by the CF to ANSF. The J'fF-Afg PM. as th e
10112

Nov. 14.2007 EV.DND.OOO2.oo32 10 of 33

 SECRET

J TF~Afg Detainee LO, is the representative of Ccmd JTFwAfg in this matter and shag be-
responsrbje rc r ncUtylng AIHRC The AlHRC \t~~H be provided information
commen$urato to wha t is re! ~ase-d to the lCRC, The NotlficatJon to A1HRC form is
fo und at Annex P .

this T$O IS eff.eetlvQ as of date of signing.

" ,« £.~/- J
- .) ~_/
t··
::-7-:::--'-{L--
T.J. Grant
-l1. March 2007

Briga<:iier--Gene-m\
Commander
Joint Task Force Afghani$fan

Annexes: (Next page )

11M
SECRET

Nov. 14, 2007 EV.DNO.0002 0032 11 of 33

 Anne xes:

Annex C • PW Capture Tag

Annex G Aide Memoke - I'§lk~ a rxt&t?P911~hllii;etLqf)TF-Afg Staff in the D€'tentkm

Process

Annex K - Eersooat r:mn~

M .... :.'l.ex L~ JTf ~AfQ Detained Person Roolster

Annex.k.1.::-JIF..:t'\Bt.Erog§rtY Seizure RBGlster

12112

§,F,CRET

Nov. 14, 2007 EV.DNO.0002 .00 32 12 or 33

 SEC,RET

An n ex ,~ (0 TSO 321 A

AiDE ME MOiRE ON ACTIONS TO BE TAKEN ON THE CAPTURE or

DETAINEES

I
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SECnEr

Nov. 14,200 7 EV.DND.OOO2.0032 1301 33

 Annex A 10 TSO 321;\
lr~ S~t (jf&W(;"ahl',')"-~· .-- - - .- ..l ~··~· -··-,· -'=>-'~~~~ · -·~ ~·" - ··"·v ,·- ·"· ·l
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• C<lpt~ R.~pwt
fo', ct"ru
• f MStrpri r:ti (if IW-Mi!.lle)
• ira"'*,\!r!o.M!$f 1
• l'<ei~'u. iC>rupemy ~Q liefit>nu (If I
..
O$p?'~>'lb~) .
Ct:>tf>F>I"" f.'-ef&«i,"# f' roo;erly
rC!:'w0 W.apptk m,.,e}
I
.. Ph~ko'!l.IMwl;caj Cl:<nffltmn. to- ,
~ ~ l'1<x>r~d,j\t ilm~ of 1
L. d!~!!t<tl£"l ~Ati tlrrse d f\l.\(l~,J.~. .. I
__.-AW".i _._.

212

SECRET

No•. 14. 2007 EV.DND.OOl2.00 32 14 of 33

 ANNEX 8 to TSO 32M

OETMNEETREATMENTCARO OETAINEE TREATMEN"fcARD

~0? f1eM~:r...E8QM;Yp...x etJT ffi, JM>\Nf t.. .

: h!: ~;;*.~ 3'l: 'l~ !"'.;J; t'>t~ ~i;$t t>e ~:~ m~ eo. S~ !'!d.
anc ~~. ;,...?'~ ~:~ a:iOQ¢ lil>m* at ~~ :im~;. iSS.· e
csec.
n-u:r.:aa ~~~ Th il. ~<:'\ffl :"l::;..'tl: :"SCi be ~:..lted .
l'm•.'~~t~, 0: (S~a~f'd . ~~ 't h&'&"m ~$~'t~-:; t:s- talK
£;( '30~).>ng mus:t rcs ee i:'f:'~ br <:lC'.'t1~ ;;he!'¢~ S",:::
~~wr~!:~ca...~ <
2. 1A~ §' TH; CAP'!!yst QU:c.~ y "!'{tsecYQirrv.
As ~ $E$ ~!Ol~ 1N;~.¢;:$:tQ: ~01) eil p:t... !C a -c~ (){
u tmy ~ :~.,a:!>Ctl ~ CF" eieesse t:'t!5~! ~ 'p:''' )'C;;:"
e<l'It'i:r.a." l6e, !'.'!ilt,;uy dOCUffiM'.3 aMd ~.t tedal ~tl't !'"O(;~
IDe ::a;:t:\,'E!' 3 ft£' mo !'"o'lnt rc tt'>!'l' :",,,"~~ ,::vt;Nt
M.~ ~i~ ~:~ W~ ~~~-mt.
MfS~EA r . HUM1U/~'fE ORoe>:>AAOS o;;r.-£,I:1't"Ees. 3. "'~SIF;ATMENT Of A.~y \..AfYn~&..i&_-S.~!~':.t't~
TAKE: P£RSONAt. E~r:=·CTS. v.~ R€F ;JSa Ne:C~SA}lY Of~NSf. ~:ilirQ~~*-~Q.~~ru,g '":"9!~ j!.~E
MF.D1C~ 1" ~ S: ATMf:.}~'" . ~~~'!.YiN TNg ii':i; ~-'!/,NDS. .
!f ki: ,~ ~ ~:tt'~!(l'~t $f\C fQotiVt sc m~tru:,'Y. a
TASGJNG ¢.a:nw~. Tc S '$0 ~ a ~'S'.~ bi~ ceeese, .a~ ~ -b'.M
beaf.ltO ~,cm ;(:$: v..~:: sur.~::f t1~ ~ :'JOW 1~ t <::"m~::y.,'S
~ rr ~S ;th>~~l~n~'E ,.~~TYCU AACPE~t.r· TAG 4U. ~~ tciIt.r.'~ (X ~m ~f?!'(:;. ~"1 ....~ ~ :es;s ! and: rn~e ~f
i Ci:"AlNs:eS . THE TA(H.«)S·j com~~ A: A ·'N ' ~.1UY.. cap.:,i!'~ ~ ~ ;::'t. Fait t' ~tm.er:: of ~~ii'9'
I nm f OtL ih""''l:f'ro: :NF-o;:u..t.A'DON~ ~.Jr.3{,o~s ttl. ~ 1' l.O ~e-~ ar. ;
,.CA'7s:.rnM::: OF ~v RE 4 TR';:!.' L<J'!; . S,CK AN;) '{i9Uf:!OCO c.>\.=roo;:. ,.~ S~§1 ~
. Pi...l..cs OF" CAPTU R~ YQ\I..(;."tl. .
.. .. CAPT\fRh"'J<; U Nl7 T~ f,5~~ $8l1te ~<sy ~ ~ ;:n::'~lS"Ef:ea acesee. !~
~ y CtRC.tJMSTANCE.s (.W (::.k~ n,.'RE .a
a;'i.1 case. ~~!YJ i'S. :i'l\.ffl'< M ~:,~ a:1d ~~;_'S:~ ee ~~'t:~
$i..i(!3 eee Tessse .~-c "S~ ~ $i.r.-k a:t1d ~~ a~ra ¢~
t a:i AS CUTA;{..r::OA"NO '1''HOR.O'JG}o' AS ro$S$lf:..
I
~(vr.. ;~
i 5.. fi,.,L P;8$9NS jN '((?VB M~1~ Yy'1j;;,~
< 'n-!E. '!.:.<; t,;SE:O !i.V\Y BE' n-IS P~:'i'ro~1"i:C lYPE OR j SlL~.Ef..i;;I.~••Q:'!1~!§. Of! CQM!lIlI CA?n \iq '.·ust
CAN SE M.~ OF ANY MATERw.. AVA!!.AB!.~ . ~ t.>E p~QTgCn;? AG!".JNST ~'KXStg !N$U :' ; ~~
1 CU R.iOSlTY AN!> ~. PR: §At.~ Of N)'Y KiNg
~
;
i..f:<!~ ~""is.?'"t!'~ ~ ~ !lOOOS a~
s;.,~ r:t p.;;
. s. snaw)'OUt
eerese. &:M r.eu .~ t--~~ ~ ~
I
______ . .._ .__. _.....l a_?l"
_~ _"'_"IW'
_·_'~... _ .._.__._ J

EV.DND.OOO2.oo32 15 of 33
Nov. 14, 2007
 ANNEXC to TSO 321A

Front

~~~ 'm fl" ~#

"'n'«t'l:~ }1'
L'AArlC>.f
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-"......,.,""""' -

_.....,
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Back

Nov, 14,2007 EV.DND.OOO2 .0032 16 0133

 SEeBET (when compiled)

A NNEX D to TSO 321A

TACT1CAL QUESTIONING REPORT

-----_._-_._._._-
j )\lJAS
, «~; ~:' ;

Nov, 14.2007 EV.DND.OOO2.0032 170133

 ~
ANNEX E to TSC 321A
'-WITNESSSTATEhisNT--· -····· ······--··---·------·
-------,~-~, ~ _ ._--- - - _ . ~ , , -- ._ _.. .._--_ ._-
"

- ~-_. __ ._._. ~-~~------

_.~TF~Afg ~~='m m ,~ _ _ ~.-= '~V~.h. ~ '~ ~."

.• •• h •

Ui~ :

1, hereby make the fcH,')\ving ststeroeot f"-1g8rding: the apprehension of one

individual during Cp9fatJo() _._ _... Orl ........ (date) in the vicbltj of

~ SVIB$X (or affirm} that t.he lilformaHor: in the statement above is true to the best of my
kno \'ledge or be lief.

SECRET

Nov. 14, 2007 EV.DND.OOO2.0032 18 of 33

 SECRET (wh en compijoo j

A NNEX F 10 rso 321A

,---------~~_ .. "

I
f~~= ~Y~~~-~~'~--"
;
JTF-Alg DET AINEE" \
L_~,_~ , ,,__, ---L . - , ...
~ .. ~ .~~._~ ..,;

OT G OF CAPTURE

I,OTG OFTR!~'N5FElf~~-l' '''=''''-=====- -'--------------;

;
PLACE OF TRANSFER

i
t uNIT TAANSFERRJNG

SIGNATURE

L ..,, ,_ -L _

SECRET (when compiled)

Nov. 14,2007 EV.DND.OOO2.0032 19 of 33

 SECRET

ANNEX G to TSO 321A

TASKS AND RESPONSIBILITIES OF JTF·Afg STAFF IN TEMPORARY

......- --.--.
~

DETENTION pRQQ.j;SS

1. Open e xtracticn of the detainees from the field and return to Afgha.n
instailatio n or JT F~ Afg transfer facility. the personnel below v.111 have the following
respcnstbilnies:

a. JTF-Afg PM

(1) JTF ~Afg MP Vrcill have overa ll responsibIlity for the care aoo custody
of an temparady held detainees from the tim€: they are received
from capturing troops. or transferring force until such time as the
detainee is transferred to ANSF or released. JTF.Afg: MP wm
process the detainee as follows:

a, Take tem porary custod y of the detainee, conduct a second

search and receive any PWP€l1y that was seized by the
capt uring personnel. A De1aiood Person Custody Register
{Annex L), Genet'cll Occurrence and Property Seizure
Register (Annex M). shall be completed for ~ach detainee;

b. The detainee shall be examined by a medical officer, or if

none is available. then the senior most clinical authority.
~talfjees injured or judged me<:Ecally unfit for detention 'Nil!
be . as soon as practicable. treated in a JT F~Afg/Coalioon
medical1aciHty and/or transferred to an Afghan or
international health care authority. JTF·Afg MP wil l pro-....iCe
security esco rt for detainees being medically ex amined or
admilted to CF/Coalltion medical facility. Furthe r, medical
sta ff \.\-'i Hphotogra ph ail wounds and lnjurie.s and maintain a:
medi ca/ me;

c. Compse fingerprints, take DNA samples. and photographs!

videos 01 aH persons detained;

d. Co;;eo1 and log ail photographs/videos related to the capture

of tne deta inees:

e. Ta'.<e photographs/video of the detainees for idenlifi ca tion

purposes and to document any inJury {it applicab~e );

f. Make audio-video recordings of questioning sessions:

g. Contact CO U fl tEir~intemg~ nc~ (Ct) elements to determ ine !f th e

detainee: has Cl value and make arrangements for Cl
113

S!i'CRET

No¥. 14. 200 7 EV.OND.ClOO2.0032

 ANNEX G \0 130 321A

p&tsOnnBl to detn1€f the dct&1: ifv~e, Any debriefing of tn€

clddne{$ is only to be conducted by qualified personnel; ami

h. Make arrangsments to transfer the detalf1~e and prop(1rty to

ANSF on oroet.

b JTF·Alg Detainee LO (As las"m: through J3 JTF·Aigj:

(1) Coliate, organize and arcrsvc all information felat~0 to the

processing of dBtaJr:aes:

(2) SUbrrdt s report to JTF~Afg HQ relating the ckcumstan ces

'SurtOl..md(rig the Gapt:vro of thc detainees ASAP and. in any event,
no later than ZA hours afterdetainees are brought back to a
Coalition facillty;

(3) Submit a daHy SlTREP on ctB~aine€s unctm JTf-Afg custody to

JTF·Afg HO :

(4) Prepare and -$uhmft Er.emyCombatant Determination R~port to

Co,,-llitlon Forces {copy JTF-Afg HOi when eppllcsble;

{oj Inform JTF-Afg HO of any transfer or release of detainees;

(G} Liaise "lAth ANSF 'forces \of,th respect to the detention and tram.'fer
..
of detaInees;

(7) Liaise with the-leRe (if applicabte} vdh respect to disclosure of

information and as JTF~Afg primary POC; and

(8) Ljarse with AfHRC {if anpscabte) wHh respect to disclos-W'B of

infcrmatien and as JTF·Afg primary POC.

c. JTF·Alg J2:

{i} PmPBre tactical qUfSttkming plan in ooDlunctlOi1 with me tactical

queetiones;

{3} Provido intclNgence products relevant to determinationof whether

the dstaJnee should be transterred or release(j:

2!3

I'kw. 14. 2007 EV.DND.OOO2.0032 2 1of33

 SECRET

ANNEX G to 'SO 321A

(4) Ccomlnate DOCEX and ~AATcX or seueo eculpmem, material,

dccuroarae, etc .; an c

(5) Ansf1gB Interpreter as recuired.

0, OC of JTF-Afg sub-unit who detained lndivkjual:

(1) Ensti-re that the information and materia1 related to the capture of
detainees and the sensitive site exploitatlon (SSE~t1 appltcabie} is
made aveuabte to JTF~Afg J2 as soon as possible.

e. JTF-Alg Surg:

(1) JTF-Afg },..10 {or if not ~.walfat>le, thon the senior most cHnlcal
authority) mechcally €X~lJ'n lne the detainees upon amvat; and

(2) conduct periodic visits of the detainees to monitor phynk;al

condition.

f. QuaBfed Tactical Questioner:

{1} Prepare znd execute a tacncal Quostionlng plan tor the purpose of
provkling information necessary to screen 1he temporarily held
detainees and ill determine whe ther 10tran sfer or release them:
and

(2) SUbmlt a tactical Questloning report to the J.2: ASAP upon

completion of the TQ 5GSS10tL

g. JTF-Afg LEGAD;

{ ~} Provide advice to C-oma -lTF-Afg and staff on aH legal issues

related to {jatalnees to ensure JTF-Afg's compliance \-Ath
intematlcnd law .and CF obHgstlons; and

(2) Aooress any legal issues with lBga1 advisers from other Cf Units,
Coalition Forces or ANSF,

3J3

SFCRET

I'kw. 14. 2007 EV.DND.OOO2.oo32 22 of 33

 SECRET {when lXlmp iied )
ANNEX H to TSO 321A
Coa lition e nemy Combatant Determination Req uest
fROM: j TO; j

Seized
Pers o n ~: oil - r -.- - - -- -- - - - --
Data : T!lb~~.~....~_.~-­
Lan up es:

Talit~ an L eader: ~iti«l'\ If kOQWfl}:

f(;r~i"'n Fl hter: Na:;Ona,liti (;f known) :
Threat to Coal ition Forces: ·Mernber of ~itter i!1:emation<i! terrorisl Of ntzalion !HIG. IMU. ~ :

~ JTF~Af9 UnWs inle.ot (Des;red outcome bytransterri~ me setaee person b the A.tItSF; e)lplo.'t
l.l1.tethoqar...oo vatue; detaioasenem co(ubatant e~?

.S- Sketches Of phclos of seizurelocatkin.1 compccno; to~& JocallonS or recovered '.t.'eapons:.riteria.ls.

or documents; ~nsert below or attatfl to oottom 01
far,l) ~ a.."'flitiie£filB s m. iJ,W
r"""l
tile '1rn:8ft~.xrtFib· .7Piaio:1 J'a1'.OOr It'..an. ... a

1/2
---' J
SECRET (whert compiled )

Nov. 1• • 200 7 EV.ONO.ClOD2.0032 230133

 ANNEX H \0 TSO 321 A
Coalition E n~m y Combatant Determination Request
,"'- _··..
·· -- · T - ~ ~ ' ~ · · · · ·· ...·..
,, ·~ --

1,

I!.._._,
ceeuco:

Props-red b
JTF-Afg ;Zv
mall:

212

SECRET (when compiled)

Nov, 14, z007 EV.DNO,OOOZ,0032 24 of 33

 SECRET

ANNE X I to '1S0 321A

AIDE M£~,) iR~ FOR P8£LCE,SSING 'DETAINEES FOLhS!_VYING HAN DQV~B

IQ.lTFcAF...QMI':
1. ImmctHatety upo n the: decision to lempomrHy detain an indivldual, the Uhit
that det$i!1S the Individual ShaH !mmediatEJy Jn~orm come JTf~Afg and
J Tfw;\fg PM, Comd In:~Afg, or h1s delegate, sha\! then k lform the JTF~
Afg COS, JTF-Afg J2, JTF-Afg J3 and JTI'-Afg LEG A D;

2, jTF~Afg MP takes custody of the- detainee, conducts a second search and

receives any propsrty that was seized by the capturirsg personnel. A
D etail")oo Person Custody Re91slef (Annex L), Geneml Occurrence and
Property Seizu re Regis ter {Annex M) shatl 00 completed for each
detainee;

3. The detainee sha}! be examinOd by a JTF..J\fg MO, or the seolcr most

clinical authority if 00 MQ !savaHable. Detaln.eos,that are judged
me>dlcally unO for detention wm be , as soon as praclieaNe, treated in a
JTFNAtg!Gcalitton medica! facility and/or transferred to an Afghan or
tnternatiorta! health cere avthOf\ty, JTF~AfG M? VIii! provide securlt)l escort
fo r detalnees being medically examined or admitted to JTF·A fglCo aHtion
facWUes;

4, Medical staff, should they find any wounds or i!l)lrlBS, shaH notfy the JTF-
At;; f'>AP's and ma1ntain a medical fJ!~ , As soon as practicable , JTF-Afg
MP's shaH photograph the ¥.<u unds or injuries;

5_ If no medlcat treeament ts required, JTF-Afg MPs vAll hold the IndivtQual in

a temporary holding facility and compile nngerplints and hood
photographs of L~ e ir,<:Hvidwd detatnoo:

6, The JTP·Afg MPs 'Shell contact counter-inreWgence (en to determine if the

detainee has C~ value and then make .arranwament fOf C! personnel to
.question t"e de.talr,ee, Tactical q usstionlng is to bB conducted by q Wiflfled
personnes as ldentme-d by Comd JTf~Afg. The- Of personnel shsll
complete,the Tactical Ouestorxnq Repoet in Annex D to this TSO ;

7. The CO of the JTf~Afg unit respons ible tor the deta inee 's cap ture snsn
('nsure the approprigte personnel complete ~ Witness Stateme nt Fo rm
in Annex E to this TSO, A nnex E shaH be $uhmitted to the G2 as soon as
practicable-:aoo
8. FOilo\\'ing inltla t processing and metical question-ing, a n re~e vant
information shaHbe provlde,d to Comet JTF-Afg who shaH decide to retain,
release or transfer the detaInee to ANSF .
112

SECRET

Nov. 14,2007 eV .DND.OOO2,0032 25 of 33

 SECRET

ANNEX! to TSO S21A

information to be- Prov id ed to C E FCOM~ Co-am/on Forces or AN:$ F upon

TransferOf Releas$

1. Come JTFyAfg will notify Come CEFGOM as soon as praoHcable with a

rtvJ,ssage ouWrilng t.'1B folk>YAng infom1atiol1:

kienHfkatlon number and name of the detainee (if ~V'aHabie);

Name and description of the operatIon;
c. Location, date and time of capture,
Brief des-cnpHon oftbe clrccmstaeces surrounding thecapturo;
PhysiC'dl :stateof the detainee;
Location of the detainee at time of reporting; and
g. Pretlminary intent concerning the dew lfl(~0.

Sho";d Oomd..LIE-Afg decide to ("'Cisler the !ndividtJaI to ANSF:

"L Comd ,rrp~ Afg win notify CEFCOM as SOOri as practicable with a message
oumnlng the followlng \nforO"'.8tlon:

a, Id~':H1tmcaticn number and name- of the detainee (if avaBahle);

0, Name and description of the operatiorr
c, Location, date and time of captlJre;
d, Brief" description or the circumstances surrounding ~ h e capUre~
€I, Physical sta te of the detarnee;
f. Location of the dotalnoo at time of reportlng: and
g. Preliminmy intent co;1CBrr1irg the detainee,

2, JTFyAfg MP shal! provide to ANSF and Coalition Forces the fullo\.""lng

information WhBrQ possible;

8. DND Caoiure Tag:

D, Pho tographs 01 the deta1nee;
c. Witness statements {If not <'Plalfab!e the n a detailed account of the
circumstance of the capbro);
ct. T ransfer Record;
e. Tactical Questioning Report;
i. CoahUon Enemy COmbatant Determination Requsst
g, Medical Exa m info rmation; and
h. Finge rprints.
Note; Copies of this ihforma11on wnJ be retained by JTF-Afg PM,

3. Comd JTF-Afg sha\! provide a SITREP 10 Comd CEFCOM on te,e transfer of

octaoeos.
212

SECRET

I'kw. 14. 2007 EV.DND.OOO2.oo32 26 of 33

 SECRET (when compiled)

ANNEX J to TSO 321A

, ----------'--'- -- 'r" - - - - - ---"'---- ,-,-",
I JTF.Afg DETAiNEE # i _",
-

. __mo,J

' ' TJf't.8DATE'--O WNER'SFutCfiAii E' ·--r--SE!Zill!(3 AUTfioR'w - i

li -- 1, RAII!KlZAP It
--~,,- - - i ~"~ - -""' ''' ''''' , .~ ~ ·h·.·... .. ~.~._
i
L~~~.~, ~ .l~.... ~ _ ~ . "._. ~.~.~"j

l !
i--'1'1'- +,-
1 .-- ------
; -·_'--" ""'--"" ",·- ,- l i- -

: '~1~ mj---------- '.m" 'm' - ··~lmmmmmm---m~~~~~~-_-_.-",m"J

Signature of ""!zing Authority:

• • ' 0" , • • " •• >, . " , .." "'" ••• ", ,.,. , . " , 0 , ., , . , • • • • ••' " •• , 0 • • • H ' , .

SECRE'T (when compiled)

Nov. 14. 2007 EV.DNO.OOO2,oo32 27 of 33

 SECRET (when compiled)

ANNEX K to TSO 321A

r i
L ~~F'Af9 DETAlNEE:_l . ..,

Propert y Seiz ed

Number of Items .... ... p ..... " " .. . .. ..

(as per attached copy of Annex "M" JTF·Afg Det ainee Property Seizure Regis ter)

RanklZap # of Issuing Authority

. . ... .. ..... . . . ... . h n .

Signature

....................................................... , -

Date . L ocation , , ., " ».

The items listed on the attached Seized Property Tag h ave beers seized from you and
mayor may not be returned to you , A decis ion as to the disposition of the se items will
be m ad e by the- appropriate authority and you may inquire about the status or, when
you are released they can be retrieved from:

..., ., ,., " , ,' ,' , ' " ', , .. ' , ..

•• • • • A " " " ,." >"" >. , . , . ..• ..•. , 0< ,

SECRET (when compiled)

No¥. 14.2007 EV.OND.0002.0032 23 af 33

 p ECRET (when r.omplle<l}

JTf-Ng
_ _ __ DETAINEE
_ _ II ,1..- I , _ _i _n _

.r r F·AFG TEMPOIU\RILY DETAI~EO PE~$OI\i m:G~$TER

r ! NAME --.. i
Ii mmm ' --r~ElliAsTAu rnORITY

I
DATE - - PU LL HOME A DDRESS UWTILOCATlON O F DETAINEE
I : i AU THORlTV TlMEIDA TE of RELEASE or
r---f------- ---·- ·_--·-·-·m
mm+ mm m mmm-..m·t . -.-.-.----,---- -- TRAN&FER

'I ! !

f---.-
I
I ._
!'JltrAIN€ E CONom ON REPOlIT;.
.____! __, . _., _._ _1_ .

_ _ _ _ _, M. _ ··.._._.·.._ ··M..··_···..·· . _ .. ...... ;

Sig nature u •• ~ ,, ·,., ' , - M.~ " , " '. ••. . n , ~ , .. , . • •. ' " . ~ < . ,. ".

Nov. 14, 2007 EV.DND.OOO2.0032 29 of 33

 Ar-; NEX, M to TSO .:s21 A
r·· · - - · - r ·· ·_··_ ···· · · ···]
I JTf.Afg DETAINEE II
l .. _ _ .~ ~ _ _•• ~~ •• ¥,.. _._ ••• ~
! _ ~.~~
!
•.••.•. .••• ••• •.•.••••. ••••• •••••••.••••.• ••••.•.••••.••.••.•. .. .••••:

Signature ., , . , >< . • " • • •• . ,. n............. Date ,. .

Nov. 14, 2007 EV.DND.lJ002.oo32 30 of 33

 g:C H~I

l\ NNEX N to TSO :s21A

JIT~,~FGHANnL tNG FLOW ClJ Aftf

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A. ldemifv of indivk!~l~ l{$) (inclcde anv <1ffithuicms or inchlsiQfl on Joi nt Target List
(iTt) Q.

8, Rational for seizure dhdi¥ll:\d(s} (to include why seized by Canadian

personnel '\:i<x~ A~'JSF) .

C, \l/hv. was itl(..1ivi~h1al{ s) not tr::lHsf.erredJrek:usd JIS soon as practicable?

. . (to include
lOwl time held by Canadian FI1f";;~),

SECRET

Nov. 14. 2007 EV,DND.OOO2 .0032 32 of 33

 ANNEX P \0 TSO 32M

TRANSFER TO {ORGANIZf\ TION) PERSON RECEWING TRANSFER

, fPC'\ci O F ·::::T"RA
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i OETAILEO DESCRIPTION OF I OTHER PERTINENT INFORMATiON

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 SEeRE'I' 1630-2 (]"3)

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CDN 1'fA NCE KAN DAHAR

NDCC OTTAHA
I NFO CEFCOM HQ OTTAW,~/!J3/COMHAND CENTRE/I

SE C R E '1' l ' FA HQ 1.1 9

OPERATI ON ARCHER ROTO 1

SUBS : ROTO'l SIR TFA. 040 20G6. DETAINEES

1, DAT ~t TIMS AN D LOCATI ON OF I NC I DENT :

2. DESCRI PT ION OF I N C 1 DENT ~ WHILE CIs 3 WAS CONDUCTI NG OPERAT I ONS

I:VO D 8~A ! NE O. TACT I CAL QUBS T IONING

OCCURRED fOLLOWED BY A R2Q TO MOVE PERS TO KP-f . CiS 3 WILL MDVE

DETAINEES INIT IALLY TO
OCCUR IAW I NTERIM T SQ 32lA

3. 8Q U!l?l!'lENT }U~D ;OR IN D1VIDtJAL :-; INVOLvED : _ DETA I NEES . NO fURTHE R

DETAILS AT THIS TJME.

4. POSSIBI,F; 2ROADF~R rMfLICATIO!~S: NOT KNOWN ."''1' THI S TI ME

:;, . RECOt·1.l-1r:NDJU' IONS AND PROP OSED F.'t.l R'H1ER ACTION; NOT KNOHN AT rBI'S

E'i . }\CTUA L JI.,ND PRO BABL E: MF; DH'. INTEREST : NOT KNOWN ."-\1' THIS l'H 1E

C. D. CAREfOOT CAP7 , J3 DO

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SECRET

Nov. 14,2007 EV,DN D,0002.oo53

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01 02 06 PF ssss 'l'.F'A

Noec O"i"I'A'\tiA.

S B. C ? E T TFA HQ 1.21

O?ERNr.tON '~RCHER ROTC> 1

SUth1 ~ ROTO t SXR TFA 0401." 2006. DETAINEES - SUFPLEMENTAL

1. DATE, T!ME AND LOCATION or INCIDENT ; TIME PERS DETAINED WAS

6

2. DESCRIFTION OF INC!D:£N! : REF STATEDI i NI T lALLY INVOLVED,

HOWEVER. RETAINED r.~R QUESTIONING . DETAINEES WERE FIRST

DECISION WAS HADE TO

CONTINUE PROCESSING PERS AT

DETAINEES WERk-~ DETERMINED 'l'RROUGH. TACTICAL Q!JES1'! ON! NG 'IO BE P8I<.S or

INTEREST. THZY WERE NOT HANDtD TO
PERS WRRE NO! HANDED TO AN

New. 14, 2007 EV.ONO.OOO2 .00S3 2 .7

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SECRET 1 6 3 0- 2 (J3)

02 02 ssss T EA HQ 121

CETA !NEES DELIVERED TO 06 . OF-ION

WATC HDOG ASSET S I\RE GUARDI NG DE7l\n~EES AND r...RE COMPL ETING ALL

REQU IR ED DOC U M E NT A Tro~

3. EQUIl?H£W.P ;\N C/ C R INDIVIDUALS INVOLVE;D : I• •DE T AINEES . HO FURTHER

DETAILS AT THIS TIME.

-4. POSSIBLE BROr-DRR IMPLICATIONS ~ NOT KNOWIJ AT TH IS TIMe

5 . RECOMMENDA TIONS Ann PRO POSED FURTH£R ACTION : FURTH ER SUPPLEMENTAL

SIR TO BE I S SUED ONCE SCRE£N1NG PROCESS COMPLETE AT KAP
6 . ACT UAL AND !?HOEl\flL E M£DIA rNTE~ ES T : NOT !<NOWN AT THIS 'rIME

C . D . CAREFOOT CAPT, J3 DO

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SECRET

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S UB J ~ ROTa 1 flR TFA 0403 2006. DETAINEES - SUPPLEMENTAL

1.. DATE , T1 ME tWD LOCATION OF INCIDENT: NO CHI·\ NGE F'ROH REF

2. DESCR1 ?TICN OF INCIDENT: ADDI TIONAL INfORMATION AS BRIEFED TO

COHD CEFCOM.

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SECRET

Nov. 14. 200 7 EV.ONO.OOO2 .0053 .,.,

 · " ' -'.,
SECRET 1630-2 (J3)

02 02 ssss T'fA HQ 12.5

2.J. DOCUME NT AT ION BEGINS

2.1< . 6 DOCUMENTATION ON
2.L. 6 DOCUMENTAT ION ON
2 .M. 6 TACTI CAL QUESTI ON InG
2 . N. 6 DOC UMENTATION ON
2 .0 . 6 COMD CEFCOM BRIEFED ON STAT US AND THE PLANMI NG
FOR THE NEXt DAY . CoMD SAT I S FIED WT,!'H THE) WAY 't HE. ?ROCESSI NG HAD

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2 . P. ORI GI NAL T I ME FO R H .~N ce fF T O NOS

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PARTICULARS lffiVr; BEEN SENT S E PARP-.'l'ELY ! AW INTE.RI M TSC 32i A

4. POSSIELE BROADER I MPLI CATIONS: NOT KNOWN AT THIS TIME

5. RECOMM E N Dr:r l0:~S AND PROPOSED FURTHER AC 'I' ION~ NONE r,,1' THIS TIM E

6. AC TUl~L AND PR0 3 J'~B L E MEDI A INTE.RES T : »or Kt'JOt--JN AT THIS TINE

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Nov. 14. 2007 EV.ONO.OOO2.0053 , ,,n

 StCRET 1630-2 (J"3}

01 02 06 Pi> PP SSSS 1TA »o 274

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S' B C R £ 't 'lFP, HQ 2. i 4

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DETAHi E~:.s HAD BEEN T R A.N S FF~ R R E D '1' 0 'Hi£ ANA AND THl,'}' THE ANA !i.AD LOST

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3 , EQUI PMENT ANC/OR INDIVIDUALS INVOLVED : C!S 69

4. POSSr.BLE BROADE!{ IMPLICA.Tr O~ S : ONKNONN P.T TH ! S 'T'iMl:'
... ~ ......

Nov. 14. 2007 EV,DND.OOO2.0053 ,,,"

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:'1 . RECOMMENDAT!ONS AND PROPOS ED f'D RT H ~~ R /iC'I'IOH : Ul-.lKNOWN )'\1' THI S 1' I !1E

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Nov. 14. 2007 EV.DND.OOO2.lXI56 ,, "

 Parker Civ OJ (0 NATO POLS)
1-..
,

From: Rebenchuk e ly KA (POL AD) rrebenchk.@slarto p.cr

Sent : Wednesday. 28, June, 2006 21:37
To : Parker Ci.., OJ {D NATO po! 8 } DG IS Pol
Subject: PI'J: Detainee Assoclaled Documents & Info

ISf'\
L.;;j
TfA "U SIR Rob 1 51" 07S 13 ~_summarr Pro<km (17.8 KB) Pr-»t.'l',s {11 .8 ( 8)
075.ooc ~ -L . .06./Y,l .. ~

las8ificatioc: SECRET

Don : COu l d yo u p leaae paso all o f t h i s to J c nat. ban f or me?

Thank 8 v e -ry muc h,

Kim

- - - - --Cr i g i na l Me s s 3 ge - - -- -
F r om : Good!n;;n Ma j AI. (,1 Rng:" Cps : L=:ailtc;good.'M.nl.st a.r top. c:mil.ca)
a e n t : WedJ:l6 sda y . 2a, cune , 20Ci£ 1 3 :2 8 ~
T o : Rwen c h uk c tv U {POLA.D/ CEFCOMHQ; Arche r edt' 8M (Lega l Ad v i .sc ri
CEF<'OI<!
C'e: Pleis<:t'.hack e r cap t: .LD {J3 Ops S i CE FC0M3Q; C\l.'ml ing ll Maj toro ( J 3 ope
);} <''RVC'OM; K ennea lly LC ol MM {J 3 Ops) CE1"C'OKH{,i
Subject l r'W , Detainee xee c c r aced uocoreent.e " In f o

r<1a ' am, Kim ,

Fu r ther t o t h i s mo xni nq 'a ey ncb tntg, Ma) c UJ'ltming 8 has a ske d t h,,;,t 'r for wa rd
t his ~ma, i l , The ~e~pon s e ~lo~ wa s p~eya ~ed by Capt F l e i 8 ~~acke ~ ruf a
r.e quc at f rom SJS for addi t iona l documentat i on o n deca f neee , 'l'he CCC h.tw ucr.
xece a ved a c e epcne e o r f urther questi oos f r om C'l~ l catv e rt; .
A. I... (Lea l G~l()dm ~ :l
Ma)
ccc swo

- - - - - oe igi[)<ll Me g s age _ n...... •••••••••••••

F rc:Jl: Fleischhacker Capt U) (J ) Op 5 ')} l:llailto ;
S e..'").t: Monday, ~6, June , 20062 1: 4 4 PM
To ; Ca l v e r t CPOl CB {IMRS} SJS
ee l Uc hi y ama .Leol J M ( Pe r l; Op n} SJS ; " SlJ.Ci r:ed {SWO) tl'DC'C ; KerJ'. eally Leol
HM {en Ops; CEPCOMHQ; C'urn::lJing 3 XllIj sc (J3 Op.6 31 CRFCOM; Paisley ,...aj TW
(.15 4 - 2) L'"E FCOM; GnttoG t-kj JDM {J3 Opn -4} CP:FCClM ; Hac~ Maj SD (Eng r
OPS ) CE P.C'C'M ; cocdean fc"oa j AL {J &1 9'1: Pl ans 3) CEP.'CCH : Was hb urn Capt RN
{J3 Intl 1,- 4 } COS J3, r rvrne Capt BJ (.11 ope 2 · 5) CEFCC»".HQ; l. UI::4 t.t {N'
K'R {J) OPS 6 } CRYC<M ; Su tb~ :rland L t (N j RG' {J1 Opo 5 1 CEFCOM; Wa l t Qn Ca " t
S D {JJ Cps ~ -4 ) L"EF"'~ j Par ent Lt(N) <!(T uM {J ,3 Cps ,1 - 2 ; (''f;!'COM:iQ , Paul
capt XC (..]3 OpU 2 -2) CEl-'<XlH.HQ
Subj e c t : Detainee ,1o.ssociated cccceent.e 50 rofc

Nov, ''',2'001 E'I/,ONOJXI02.QOS7

""
 CI <l.Bs.i fication : SEt:fGT

ue t : 're r e c c n CPOl cal'J"ortiC<~pt Flei schhacker re o Otltl) l:<>:nd~ ng e e cernee

i n f o r ma t i o n , 2 613001, .nsn .

CPOl. (~~l vert., as cnecoes ed. r -ve LncL uded ava i Lab l.e Lnflo e n t h-e Afghil.n
indi vaduaLs who' rs ~:t:at;\lS as c ecefneee i s in queut. ion or who have otrt a t andi nq
p a pe :r'll"':ll": x. 'rno se individuals a~e :

Fe!: Dat e Tra~ a f e rred

Irrmediat.el y
_

I
t O NDS
1:-0 Next o f Kin
Ne t (1(ltai:ned. by Cd n zcrce e
CurTm,tly tn KJ.? P.: G l (~ 3
_ t-o A.'n? ~ N:) t a c t: i eal va'rce

T tcs ve gmll!l th::r(lagh 0:':::::: z .ecor-ds , both d Ol:!lJ.me n t a t-i o n. rece.tved fn >m Tr 'A,
:Ln t l!lr n id J og xecor-d s "md i nt e r na l l y gener.ated e wsnar reu . 1\ b:t:,lEl r.
exp.lanat.Lon of e a ::: h:

• - . o f . Re,p c r t.e d .. _ . - rm,·Tll:~di.ate1y ..

Ca:ptured ~- i ng Op Jl'.G~n concert w i t .h A"lfSr" . 'Pr'anaf ex-r-ed t.o & de t ained by
ANSF il\~'!\ediat,<,ly . Not reeve d to KAf', no t eeoc ieal:Ly qu e Htiof'...ed by con
fo rces . As a r e s u l t , not give n a det at.nee number.' o r furt.n sc: tr acked a s a
det.ainee .

_ cf . RE~lX)tt.l~d ) .!I!!I!II!!I~
~}~ ;;n: €l(l, i~tt;j!lr t i.r~ f:i.g~u; ""it t. cdn t; rO"'~plil ho~dJ..ng 8 erece src det.cn acor c 5<
eeecee posit ive f er cr Lncez-vkewed pea-s r:tt EAr-'.
'i'ri.\nt lf~rre d t o NDG . net.e.mee Annex p xg (2 8 pg ) sear to NDee v f.a ~1EJCUXC:! f'a x
by Q~ :F(.'Ol>1 Command cene r e app ro); l ':>lSOOZ .:Jun (J:.ax avafLabj.e o n ntqUl~ ,"t. ) .

Of • .RI~p(>rt~"'d} ~ - _-
cueckpor nt. & t.e auud pce.i tLve tor !!!!!!IIi!!!!!!!I~ & t nd l ,u'g e
CI tn cecvtec ec P€:t:H at KAF and deetaed vecet ebj e s nc f e eea er .
l: E~c<~ni. za r, ce a!: K<'\F (t, i(,,=; ll\ i ly member ) . Detai llee Aru.• ex p kg
( IS pg ) gent. co ND<;C vi$. S'il CU1'E! fax by 7 f.> 4. ccaee 3qn o n r' equea t . 0;: CEFC'OM

_-.of.
Corr~d Ce n t ~ e

not deca.tn t.nesu.

approx 1515 nUZ Jun {fax avai labl e on

r eported ~ -- sec de'ca Ined by cdn zeroes

~ ON aa c",me aoross .1~ :~:1 .,, ~r!d ccndcct.ed s ome iui t.i al quosrtLon.inq but did
.RcG:,,' ~$tcd
cont.Lnued qu><~ ~,!: i Qn i. ng ,
ANI:' b e eent to their position .
t.1~ 3 t. :i.mJ
~e~~e5tJ

'#<1.S negat..i.ve .
.

ANI:' arrive d 5<

As a re ~ u l t of
.q ...w s tioning, ~'\f:P d ec I ded to dH t i~ :h. reeacn ...·h y W<15 unclear tJJ
OHH.:m cis. Jl<,t:H? 6< ~ r. E;t: ~J:!:neG- ,0
..<2l.l.r. .oaee when cps for the day
c c cc r eced . scrae !~U:Ti;r.~l. , ORI ON MP a~ k E!d M:H' ....n at; their p.tan wa ,s
tor t.he ~ !k"iP t.nen p:t:od u ::ed _ IX con 1'-11-' not.:!.cl!'!O • had
!;ust:_at inea some ~ nj n r-Le ss n ot eva.den t. when t i r-a t. dHt~; Lned hy ANI:-' . 1"11> asked
l',R'p E~t} allo w th<!:'i :c . t.o be a eaes.eee by Cd u med i c s- teseeeueo r.c ceve
minor in:! uriNl} . ORIO.l'~ 2 h e s itant t o hand i.!ldJ.v:i<lu<lJ. bad t.o ANi' o r to
cer .eeee _ They centa c t eo 'J.'!" riQ. I II c c nsu t t.at.Lcn wi t.h 1:F' ORrON M"P Sstt z,
AJ AG, ORION z reent o r e e t.re ua fer- of ANf' t:t:<;m one 1,N)"? croup to ub c
other i n t.ne nxea and. e nauxed ceces sery paperwoJ:'k: wa s c.:Oq;j. E!t: E~d denote.
l:ransf.er rae twe en ;..,t-:? \ud t.s . ORION"J t>U' aeee ee men co r ed l ...><? a bout. t ::t:El<H:'lwmt
to
o t: rtet.at.neea and cc j.Le ct.ed wf.t.ness st.aeercene e fm all cen pexnonne L. ?liEl
CE?CCf.1 Executive S\i,,'llll'.a J:'; ,~t:t: ;;;d ;(~d conr.at.ns an en try re o de t.a i.eees that
att<;;'l~?t.e.j ;:0 clarify the s ituati Dn fur. all . r,.e r s « # . i n pe r u toura r bRl Hgd
o n ca.lls t.O 'ritA/char. (n ot avail<tb l e) a .~ t.ne status i'-. ad b een iJ), flu x .f o r t.wa

.-
d<~Y ~ 1 ,

Nov. 14.200 7 EV.DN D.OOO2.005 7 2,,,

 ue ueane c at e t .ee of IlW at t ack af t e r being cbee evec a t a n 0 1" rwarby.
I nqivi dual s 'Jf:l:ered g unshot WDUnG t.o the leg i n eae process . MhDE'",fAC 'ci
H i ght to Kl"]' a rri ved Individ'\.lAl bei ng hel d a t Role"} until . is
d eemed ilWdi c a l 1y fi t co cc nt.mue de t enc.tcn prccees . An.'1 e-X :F;' ZiS$ OCJ.Zi t ed
uccueent.ec.t on wi l l fo llow when i s p u t; t h::-o'.lgh p r'ocenn a nd
Hl.t: .i:Ui<~ t (ll y t .n m Sl f e r -rc d ! released .

D~t;a:i.ned fo.l h ·w:Lng 'tBD att a ck _ i n a n a ce« sever e I f:i.9hti ng aned ~al~g
had n m sHi ~· l i ss.e . C'i'lptur i.ng al.tUl cr. i t.y esseee e o h 'i.sn a s! b(!ll .ig;~ rel'! t, eJ.
i nt:e r:V'i e we d i ndivi dual at t:AF p ocament.a t.t.on r ece i ved by CEFCOM Cr.'..l;m',and
A

cecc re v i a 'l'! ¥wvai l a t Ami(~"( r e~m<d l~d t.o t-mcc SWO .t;ha n~d
a c c oun t a t
i s a ttache d. b e l o w). I~di"idtt'il:i !;ur'l'!<!1d o ve x- t o Mr?
that ens indiVidual vee of no t ac t i c a l vatue and t here was no reason f or
=
U'\n~H!::K F h,;t.ll h0,,)n PtlI.:J.(td f r csc la.'Q~n: doceeenreu f ou ;,;,
. wi t:h Lr.a r.r -aot.Lonu

f!1t her det.en r I cn . Indivi dual was p:i::ovi ded wi t.h the meaan ($ 1.5 . 0 0 mn s.o
Qo t;:tin t:r.anll<j;.'Ct'l:.ati C>iJ f!:ore. Kac daha r Cit)' t o his ncee .

m e a ee acva ee i t add i.tj,OIl<il illfa .tu r-eq ua.r-a d , Repli lw t.c our c ommon
ecc c unr : ~l ~l<we so wbcever- i s cn- wae.ca car.
add :r.-ei~ ~! :r.-vp .,. y •

~'O:t: CEJ?COM Opss per-a, this Ls the rooe c inf o I couf c co l. l ~ c t : on t be .$\,lbj ec:t .
If ,~tid H. i ml.a l Jnec i s requ.i:t:OO- . I beLi eve T Fi\ \«,il.1 ne ve t o oe conr.ace.ecr .
nccwee nue wez-e eeeeccr ee fro·m vee rcc a t.ccac.rcne im(mr On l\T.(~bH· to.1 der-.
C'..cp :L(t ll o f <l. ll. hav e. now b e e n s aved a t

Lcn n a e. :rn ei ~c hh,i>. c),w!

C<~ p t',
Cr e w 4 SWO
Canadii1r! f~ xp€ ditiOl1a:t"y sc-r ee <:oPklWu d no

Nov. 14. 2007 EV.ONO.0002 .0057 acrs

 Diet List

AN!' PUC EXAMftiED BYJ)mp!:i..£

1. At _ 06 OIUON 2 reported the fol lowing incident:

a. During the conduct of 0 JA.GRA" ? RION 22 came ucros~ ~jgbl"ing age

males tn the area. [hey conducted some iiiiiial
questioning or t e ut id not detain them. ORION 22 requested that
ORION 2 send some ANP to their jmsitiou.

b. Upon arrival at'the SCCllC, the ANI> continued questioning of the .

individuals. \VUS conducteden each of tbern hutthe
result was negative. As a result of the questioning, the ANP decided to
detain one of them. It is unclear why the AN]> decided to detain .

c. After completing operations for the day, the ANP and the detains..'d
individual returned to their base of operations at
Soule time after arrival, an ORION }yiP asked the ANP what their plan
was i'brthc _

d. \Vhl.'.11 questioned about the the ANP produced _ mld the

Canadian MP noticed that . had sustained some injuries that were H0f
evident when . was first detained by the ANI' . The MP requ ested that
the ANP allow their to be assessed by Canadian medics. 11,e
medic assessed that ; r ; J Jappeared to have minor injuries.

c. ORION 2 was hesitant to hand the _ bac.k to the. A N}> or to

release _ because ofthe information operations effect en coalition
forces that could take place since the 'Was detained during a
coalition operation. It was at this time that they contacted TF BQ.

- -
l/2

Nov. 14. 2007 EV.DND.OOO2.00s 7 .,,.,

 3, Once ORION 2 submits its report, it will be forwarded on through appropriate
agencies fOT info rmation,

I/signf:.di!
T .A. laCroix
Capt
TF OR10N Nig.•ht Senior Duty Officer
5300 (;S1" STU-lIl)

Distribution List

Info

TEp, NCE no
T1' OR ION AJAG
TFORIONMPSGT

Nov. 14.2 007 EV.ONO.OOO2.0057 Sof S

 ,SECRET (LIM mST)
(Note: This document is not 10 be copied or circulated, Release of !.flis iuformatton would reasonably be expected to cause serious harm tll Canada ' s interests. II is subj ect to
mandatory exemption from release under Section .15 of the Access (0 Information Aet.)
DETAINEE TRANS FER I.OG

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'!'tc<Ofnl d'Uh ~ it ()ri gin..ci.i1.~n,.b:i.PIIJ) '# , P.hY5k.al(on-ditilm. !

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Dct:):~liees' mf('lJ

f. (""' OS
--.----_.._----------_..._---_.. ------------'---- - -
i The: Canadien Represenl atien to Geneva ad vises the "Service de prorectien" of the IC-RC.
l M}.<'1) u:m!~~r!(K)}: It> n01i.t:y the JCRe in a 10 Apr!1 2002 1ett~r t ICRC~s North American delegare.

Updated; 08/05/2()()7

SECRE T (UM mST)

(Note: This document is not to be copied or circulated. Release of this information would reasonably be expected to cause serious harm to Canada's Interests. It is sllbjec.t to
mandatory exemption from release under Seetien J 5 of the A ccess fa Informution Act.)

----....v.-i<il..oc,.-ti... of C. "to", . Date of T",n;:r;;-"'T~~~~"

---·-·---~OI:~:'~O'" --------T--·--..-----:~:<!~lhOi< origln~~i~~~:~~1~~-~:;:;~.:-;·~::: ;~:~------ ·...-i};iii-------- -1

201~~ H.2 ! Afgba.':tisW1 '--rw Jan02 . .~m·"··""'·"T··· ...

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 Updated; 08!O5/2007

SECRET (LIM DJST)

(Note : T bis document is not to be copied or circulated. Release of tbis Iuformatmn wou ld rellsunably be expected t€> cause serto us nann to Canada's Interests. It is subject to
mandatory exemprien from release nuder SectionIS oJ tile Access to l nfo rmation Act.)
 ,SECE ET (LIM ))1ST)
'(Note: Tlli: doeumenr is n ot to be copied (II' circulated. Release of this informarion would reasonably be expected to cause serious ha rm to Canada's interests, It is sll ~j~~.t to
mandatory exem ption from release under Section .15 of tlte Access to Informatio« Act.)

T f Mmt:h 06 1 Aflhll;li:sian--~l'15'M;u:'06"'1 ......··GENE\Tii·oiifie& 20 M;~ar:-;0"-"'-;:

6
[ , I JeR e M tifit:!d 22 ~tm::h ()(j

\"'7 ".lii Of.! Afgh'i·; i a;~· l'S'APriroc' ....mGENB\ffi;)iifi¢d. I o AptH C;6

lCRe ne niled 19 April (X)

r:Ar.rn~~·i·~r.i~"'i'lan ·.. .:.~.rllA;;riiOO·-1

: zz April {)<j i Are.~"li$tu n \ ].4 April ()(~ :
1 I .
i'29"AI>~'ifQKj AfghMisttm. 29 Ap!it O(}·_····t

Updated: 08/0512007

SECRET (UM DI~'T)

(Note : Tills document is 110t to be copied or circulated. Release of tllis Iuformation would reasona bly be expected to cause Sl'riOUS harm to C'UllItl,,'s interests. It is subjecl' to
mandatory exemption from release under Section 15 of tlte AccesJ to Information Act.)

.......G,ENEV·ri·oiifiUt 20 M'~ar:-;0"-"'";;,'
6
Je Re M tifit!d22 M,m::h ()(j

"GENBV'n;)iTiiro 10 AptH r16 1 zi .

lCR.e ne ntled 19 April {Xl ! ~3.
...• G-E:-·H!.V nOb.!lc:d i1 April f)6
.L~~:..
! 25.
" jeRe Ilo'lf;ed J>~E';1 06 _ 1... .
. GEhn rV "firmed 24 Anril 06 1 26~
'S ECR ET (LIM DIST)
·(Note: This document is not to be copied Of" elrculared. Release of tbis Informattou would reasonably be expected to cau se Sl,r!OUS harm to Cltnada ' s interests. It i sUbjed to
mandatory "x,~mQ!il~ fr~':.l!.r.elease..!!.Il.!!~r Section .gl..of t1H~ Aca,ss to In ormotio"..1 .':!;)'.

Updated: 08/05 f2007

SECRET (LIM DlST)

(Note: Tbis docum ent is not to be copied or circulated. Release of this lnfermanon would reasonably be expected to caus e serrous harm to Canada' s interests. It is sulli ed to
mandatory exemption from release under Section 15 of the A CCCS,f to Inform ation Act.)
·SECRET (LIM DIS'!')
(Note: T his document is not to be copled Of circulated. Release of tbis information would reasonably be expected to cause serious har m to Canada's interests. It is subjecr to
manda tor ' exem tlnn froln.l:t:I~a.se..l;l.~<1lert>t(;t!.nl .l~l)!.!ll e..A ~'c"s,~ to lntormsuion Act.)

Updated : 08/05/2007

SECRET (LIM DISI)

(Note: This document is not til he copied Of circulated. Release of thi s informatlon would reasonably be expected to cause serious harm to Canada's interests. Jt is subject to
mandatory exemption from release under Section 15 of Ole Access to Information Act.)
, SECIU~T (LIM DlST)
(Note : This document is not to be copied or circulated. Release of thts Inromrariou would rcason'\bly be expected to cause serious harm to Canada's interests. It is subject to
....'!I.~.I.(f.a.!'O"D'..~"\:~!!lp.!ion from release under S~~. .15 of the Access to In 'ormation..1..f:fcl .

Updated: 08f0512007

SECRET (l.IM UIST)

(Note : This document is nor to be eopied or circulated, Release (If this informatlon would reasenably be expected to cause serious harm to Canada's interests. His subject to
mandatory exemption from release under Section 15 of the Access to Information A ct.)
,S:t<:C RET (LIM DJST)
(N<Jt(" T his doc um ent is not to be copied or circulated. Release of this informarie n wou ld reasonably be expected to ca use serious har m to Canada's interests. It is subject to
n.!.!'.lll:l'l.t.ll.1)'..'J.:"SE.'.£!.il:!.Dfrom release lludcE.,Sectio!!.}5 of the.A(;Ce-,~:~o.. lnf!.m!!:.ati(m Act.)

Updated: 0810512007

SECRET (UM mST)

(Note: This document is not to be f.."f,pit,,1 or circnlaterl. Release of this information would reasenably be expected to cause serious harm ro ClU'llIda 's tnterests, It. is subject to
m andator y exemptlou from release under Section 15 of the Access to Informatto» A ct.)
·SECIlliT (LIM DlST)
(Note: T his document is oot to he copied or circulated. Release of this information would reaso nably be expected to cause serious harm to Canada's inter ests. It is subj (~et to
manda tor ' exelill.l.ti.~Il..!r.!l.I!~..I:~!~~~.~.!I.lJ..tf~.r. Section 15 of the Ae<::es~!!>.l!'12!!,!'.l!.!o.!!1..':'!.')

Updated: 08/05/2007

SECRET (UM D1ST)

(Note: This document is not to be copied or circulated. Release oft.his information would reasonably be expected to <'"U SC serious harm to Canada's interests. It is SUbjl'Cf to
mlll~ d:ltory exemption from release 111Hler SectionLS of t.h e Access to Information Act.)
 It is subject to

Updated: 08/0 5/2007

SE<:llET (LlM DIST)

(Note: Tbi~ document is not to he copied or clrculated. Release of tllis information would reasonably be expected to cause serlous burro to Canada's interests, It is subject to
mandatory exemption from release under Seetlon 15 of the Access to Informtuion Act.)
 1t is subject to

Updated: 08105/2007

SECRET (LIM DIST)

(Note: This document is not to be copied or circnlated. Release of this information would reasonably be expected tlJ cause serious harm to Canada's jntc...ests. It is sUbject to
mandatory exemption from release under Section 1S of the Access to Information Aet.)
 It is suhj(~ct to

Updated; 08105/2007

SECRET (LlM OlST)

(N<>te: Tills document is not to be wpled or circulated, Release of tilis information would reasonably be expected to caa se serious harm to Canada's interests . It is subject to
mandntcry exemption from release und er Sectiou Je of the A cces s to Information A ct.)
 It is sUbject to

Updated : 08105/2007

SECRKI' (UM DIS'!')

(Note: This decumenr is not to be copied or circulated. Release of this infnrrnatinn would reasonnhly be expected to cause serious harm to Canada's Interests. Ii is subject. in
mandatory exemption from release under Section .15 of the Access to Informatton Act.)
 It is scbjer.t. to

Updated: 08/0512007

SEC1:u~r (U M DlST)
(Note: This document is not to be ecpied or circulated. Release of thls information would r easonably be expected to cause serious harm to Cana d a' s in terests, It is sobjed to
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SEcn":T (LlMOIST)
(Note: Tllis document is uot to be copied or circulated. Release of this informatiun wonld reasunably be expected to cause serinus harm to Canada's interests, It is subject to
nlan atorv exemnu . ." . f •

Updated: Og/OSJ2(}{}i

SECRET (LIM DIST)

(Note: This document is not tu be copied 01' circulated. Release of this information would reasonably be expected to cause ser ious harm to Canada's interests. It is subject 10
mandatnry cxemptlou from release under Section 15 of the Access IQ Inform ation Acl.)
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mandarorv exem ltioll from release under Section 15 of tbeAe<'ess ttl III 'ormation A,'t.)

Updated: 08IOSi2007

SEC R ET (UM DlS'I)

(Note: T his documenr is nut to be copied or eir culated, Retease of this illformatiull would reasonably be expected to cause ser tous harm to Canada's interests. H is SUbject eo
mandato ry exemption fro m r elease under Section 15 of tilt' Access to Information A ct.)
 Updated: 08f0512001

SECRlrr (LIM DlST)

(Note: This document is nut to be copied 01' drc"ul"aled. Release of thls inform~tion would reasonably he expected to cause serious ha rm to Canada 's iuteresrs. Jt is :uhject 10
mandatery exemption from release tinder Sediflll 15 of the Access to Information A ct.}
 •

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 SECRET

CDS Morning Brief

15 June 2006

[ _.
_. __..
[

Current Ops Highlights -

l
Current Ope Highlights are derived from several sources including;

• Discrete Operations
• JCS Continental and lntematicnefIssues
.. COl Morning Summary
• Weekly and Da ily SITREPs
• 0 PK Pol Highlights
• Open source media

Ops Supp ort Highlights-

Ops Support Highl:ghls are ccneseo throl lgh the support and speciatiat desk
officers and aucmeoted hy other sources. It covers the follo'Ning areas.'

• Log/Mev
• CANOSCOM Equipment Updates
• Pers Ops
• C40ps&!O
• Eng Ops
• MP
• HSS

L- .''.''''_ __. _

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Nov. 14, 2007 EV.ONO.OOO3.0061 1 of 18

 QQerations ExecuJive Summary
uomesuc
NSTR

International

Afghanistan

On _ ORION 22 came across.fighting age males in the They

conducted some jnitial questioning but d id not detain them. A NP continued questioning
and decided to detain one. When quesnoned about the detainee, the A NP produced him
and Canadian MP noticed that he had sustained some injuries that we re (jot evident
when he was first detained by the A N? nlC M P requested that the A NP allo w their
detainee to be assessed by Canadran medics. ORIO N:? was hesitant to hand the
individual back to the ANP or to release him because of the information operations effect
on coalition forces and after consultation w ith TF HQ, it was determined that the TF
ORION MP would mentor ANP In transfer or detainee to the ZHARE ANP post.

Disc rete Ogerations:

DPK Pol has update.

Joint Comm and Syste m :

Conti nent al Is s ues

Internatio nal Iss ues

AF'GHAN1STAN
Med ia sources reported that a min i-bus exploded in the southern Afghanistan city of
Kandahar during mcminq rush hour. The m inib us was carrying Local National (LN)
w orkers to KAF w hen it exploded.

Jun ORION 22 came acrOSS!ighting age males in the They

conducted some Initial questiortmg ut did not detain them. f\NP continued questioning

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 SECRET

arid decided to detat!') 000 , When questioned abo ut the detainee, t he ANP produced him
and Can adian MP noticed that he had sus taine d some injuries that were not evident
when he was first detai ned by the ANP . The MP requested that the ANP allow their
detainee to 00 assessed by Canadian medics . ORION 2 was hesitant to hand HIe
indlvidua! back to t.'16 ANP or to release him becau se of the information operations effect
on coalition forces and attcr consuttaton with TF HQ, it was determined that the TF
ORI ON MP would mentor ANP in transfe r of detainee to the ZHARE ANP post

AFGHANISTAN

Source:

SQL'rce:
CONTINENTAL

• NSTR

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 SECRET

INTERNAnONAL

OTHER COl PRODUCTS

• fA - Colo d'lvoirc: Elections Unlikely in 2008
• fA - Israel·- Palestine - Russia: Rti ssitJl} tnvolvemem in Israe! and ?a /aMine
• fA ... fajikist/jf}; Vienna Document Eva luation 2~5 May 06
• fA - rerrorr~;.(!r The PKK Spring Offensive Intensifies

SELECTED FOREIGN I OPEN SOURCE REPORTING

. rr---------------~

• Afghanistan,: Two Coalition SOldiers Killed (U) Two Coalition soldiers were
k ified in se para te dashes "',lith suspected hi/than rniiium ts in Afghanistan. Onff
\>1'8S killed on 13 Jun in southem HeJmand province, while the otner died on 14
JU/l in the eastem province of Kunar: (OS -BBC)

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 SECRET

TFA WEEKLY SlTREP

COMMANDER S WEEKLY ASSESSMENT,
'THE BEGl NNlNG OF THIS WEEK S REPORTING PERIOD WAS REU~T IVE1Y CALM, WITH IF
ORION CONDU CTINGIPt.A NNING SEVERAL NON·KINETIC OPS; ACTMTIES (SEE PARA
48;. USE IN THE WEEK TF ORlON BEGAN PLANNING or
JAGRA, BASED UPON
INTELLIGENCE ACQUIRED ON AN iNCREASE iN lNSURG ENT MOVEME NT WITH IN THE
MAYV'JANOfP';NNIAYl!l HAR l DISTRICTS. or JAGRA. WI·nCH WAS BASED UPON TF
ORION CONor FOR PHASE 2 OF TF AEG~S OP MOUNTAIN THRUST, IS A THREE PHASE
or WITH T HE iNTENT OF CL.EARiNG TALlBAN f'ROM "TARGET AREAS OF iNTEREST IN
ORD ER TO R.E·ES TABUSH AUT HORHY OF GOA . AS RESURGENCe OF TALl BAN WITH IN
THE MAY'HA..!\l[)iPANJVv..W liZHAHI OlSTRICTWOULO DECRADE EARUER EFFORTS TO
ESTA8USH GOA AUTHORiTY W iTHI N THIS AREA , TF ORION WAS DIR6.CTED BY COMD
RC(S) TO RETURN TO THIS DISPUTED AREA TO CLEAR IT OF INSURGENTS. WITH jN
H()VRSOF THE COMMSNca1ENT OF THE OP, CIS 3 ENCOU NTERED OISMOUNTED
TALISAN IN A COMPOUND WiTHIN THE VIC INiTY OF THE V1LlJ.\GE or
1II!~i.li!!i!~~AfTER A BRIEF EXCHANGE OF SMALL f-RMS FiRc , CIS 3 WlTHDREW
AND THE COMPOUND WAS ENGt'\GEO BY ARTY AND CAS, T\"IO X ROUNDS 155MM HE
W ERE FIRED BYG 1AAND AGR? DROPPtD A BOMB O NTO
THE COMPOUND RESULTED FROM THE rtc . SiR 073 2(){)6
REFERS. BDA POST ATTACK REPORTED UP TO _ TALlBAN KIA~AUBANWlA, AND
ROOF AND ONE VVAtL. OF COMPOUND D['STROYED. NO COLU~T ~DA!'AA.GE TO
SURROUNDING AR EA.

TFA SITREP

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Nov. 14. 200 7 EV.DND.OOO3.0061 60f 18

 SECRET

COMMANDERS COMMENTS:

Current Ops : .{1i eTF AEGiS HQ: OP JAGRAONGO ING WITH EMPHASIS ON NON¥
Ki NETiC OPS IN PAliJWAYI DISTRICT, SUPPORTED BY ROBUST PATROWNG AND
LEAD ER.S ENGAGEMENTS. IN V ,eU L. TF WARR IOR IS SU PPORTING ANA IN
CONDUCTING COMBAT PATROLS IN WESTERN DEH CHOPAN, PROVID iNG lOCAl
SECURITY. CO NDUCTING ViLlAGE ASSE SSMENTS AN D O!STRIBUT ING HA THE FOC US
OF HTF ~ N HELMAND wiu. SHIFT TO'NARDS A CO NSOliDATION PERIOD. INvOLVI NG KEY
LEADERS ENGAGEMENTS, ATTENDANCE A r LOCAL SHU RAS A ND ENGR RECCES

PRT OPS : : NCOMD PRT UPDA1ED THE PRT BRIEFING AND MOVED TO KAFTO BRiEF
THE SACEUR V ISIT PAR TY AND l.lAI SEWrTH KEV I F ORION STAFr NCOMO PRT
PHESENTED AN UNCI..AS PRT BRIEFING TO A MIXED AUDIENCE OF CIVILIAN
DIPLOMATS, ACADEMICS, AND iNTERNATIONAL MEDIA. THE BRIEFING CONCLUDED
WITH A QUESTION PEHIOO ON AI;VIDE RANGE OF ISSUES RELATED TO SECURITY,
GOVERNANC E AND DEVELOPMENT, PRT STAFF COMPLETED A RECCE TO PREPARE
FORA MEDICAL CliNIC FOR MBRS OF THE LOC,A.L COMMUNiTY. PRT STAFF CONTINUED
WITH THE DETAILED PLANNING AND COORD ro SP THE COS C E F ~
e GG V ISITS ON 15 JUN 06 AND THE MEO!CAL CLINIC ON 17 JUN 00 _ _ _ _
CAMP NATHA.",. SMITH ,A.ND Kf1.ND/~.HAR CITYWA$ EXTREMELY SUCCESSFUL THE
DELEGATION WAS VEHY HAPPY W ITH TH E INFORMATION A\lD SP RECEIVED DU RING
THE VISIT. THE ATION lNO! ATEO THEY WERE VERY INTERESTED IN TWO
-T ANDT H ~

A COY: : CIS 11 MPJNTAlNED SECURITY OF CIS 12 CONTINUED WITH

THEIR PTL IN MIENISH1N DISTRICT AND THEN RETURNED TO CiS 13
CONTINUES TO SECURE THE GUM BAD PL HOUSE A.\iO CONTINUED PREPARATIONS TO
RECEIVEAAA

';B~C~O~Y~'~C~O~NTINUED OP JAGRA PH2 CiS 29. G12. AND E2 OCCUPIED A PTL BASE AT _
iii!! ON 13 JUN 06 Vi lTH CiS 22 AND 32. THEY CONCLuDED 2 X LEADERS
ENGAGEMENTS IN WHICHWAS SUSPECTED TO HAVE HAD
RECENT TB PRESENCE. OS 23 CO NDUCTED .ONG t;v..'Y 1 Iva
ON 13 JUN 06. ZHARI DiSTRICT ANP SET UP A t ONG t-N'IY 1 Iva
ON '4JUNOO
HEY Sf J7ED THE. VEH AFTER CONFiRMIN ' THE . s · 1"'\. D
DETAINED THE ORIVER. B COY GP WATCHDOG ADMINI$TEHED A~
THE ANP IN CONDUCTING THEIR IN'JES·f lGA TiON. THE DRNER 1S _
AT NO TIME WAS THIS OETAtNEE

C COY: CON DUCTEO ~OP S IN ACCORDANCE WITH GiS 9 S INTENT THROUGH

THE PASHMOLAREA ~YI

TUAV: CONDUCTEDA MISSION IN PANJWA!Y!I.~LA

.UiiNiiCiiHiiEiiD.OiiN.14iiJUiiNiii06ii-iiMiiiliSiSiiIO.NiV\ii'iAS
••
T.O.O .ERVE SPECiFIC ViLlAGES AT ioc
iiBS
• NOTHING OF SIGNiFICANCEOBSERVED

Next 72 nrs:

PRT OPS: NCOMD PRT WILL HOST A VISIT BY COS CEFCOM, PRT STAFF Will ALSO SP
VISiTS FROM COMO 1 ASGAND THE 41 CBG COMO GP

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 SECRET

A COY: WILL CONrlNUE FORCE PROTECTiON OF FOB MARTELLOAND CONTINUE WITH

PLANN1NG OF FUTURE OPS IN THE ',REA AS PART OF OP T,..\8AR. C'JS 1~
wiu. CONTINUE THE DEFENCE AND SE.CU~ CIS 12 WilL
CONTlNUE FORCE ['.)RCTECTION TASKS iN ~ CiS 13WlLL CONTINUE TO
SECURE GUM8AD PL HOUSE

or
8 COY: : Wi[.t. CONTlNUE PH 2 OF JAGM lAW CIS 9 DIRECT!ON. CIS 21 V,~V.'l..L.1
CONTINUE FORCE PROTECTlON TASKS AT ANi) THE .

C COY : . RETURN TO KP.F FOR REST AND REfIT FR10R TO DEPL ON OP TJ\.8AR IN A COY
.AQ

TUAV: HAS A BE PREPAF~ED TASK TO FLY OVER THE PANJWAYi ARE!-'\ IN Sf? OF GIS 2
FORA

ANTC: TRG COORDINATiON.

LOGISTiCS:

OP SEXTANT l NSMG-1j
EVENTS l.AST 24 HRSJIN COMPANY W!TH OTHER UN(TS OF SNMG1 TG IN VlCiNITY OF
GAPEVERDE.. CONDUCTED PHOTO EX WiTH OTHER UNITS QF STr::PDFM:iT JAGUAR r~
LiNKEX. BOAT 'TRANSFER TO SPS CASnLLA FO PRE~EXERC 1S( BRIEFING, CASEX v~

HHStCONT1NUE FLEET lNTEGRP'.TION TfWN ING

JAGUAR INCl.UDING HAS'v\lITH
nil
AND VARIOUS iNTERNAL SRLS BiSiG EVENTS NEXT 24
PHASE OF EXERCISE STEADFAST

P. PK Po! Notes :

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Media Interest:
Canadians join 'hot, di rty ' offensive: CoaJition beg ins Operatio n Mountain Thru st
(National Pos t) Matthew Fisher
PANJWAL Afghanistan , Can adian troops will go on the a ttack tod ay in the mountains
north of Kandahar as part of Operation Mountain Thrust - the largest coaHtioo offe nsive
ag ains t the 'rsuean since Afghanistan feU to U . S . ~ 1ed forces in late 2001. Addressing
some of his 2,300 troops about the upcoming offensive. Lieutenant-Colcnet Ian Hope,
commander of th e Canadian battle gr oup, said his troo ps had done "extremely wel l so
far," but that they had to "taKe the tight to [the Tanba n] con stantly . '" know th at it is hot. I
know that it is dirty. but we 've got to con. I'll keep pusninq you ou t there because that Is
the only way we will win." About 4,000 combat troops from coauuon forces and about
3, 500 Afghan sold iers, as well as Afghan pollee, are to 00 deployed in the offeneive . The
operation is expected to last several weexs in n.19ged, remote country w here th e Taiiban
rem ains popu lar with ma ny of the dee pry con servative ieee! population and which the
Islam ic radica ls use to make safe passage from sanct uari es in neighbouring Paki stan.
It wilt focu s on southern Uruzgan and northeastern Helma nd. where the military says
ma st of the insurgent forc es have gathered . Operations will also be conducted in the
fanner Tallban stronghoki of Kandahar and Zabut "The purpose of th e operation, very
broadly. is to extend the reach of the government of Afghanistan mtc ar eas that up to
now have been under Tahban influence and control," sa id Colonel Ch ris Vernon. a
British oWcer war1<ing WIth Brigadie r-Genera l David Fra ser, the Can adian who oversees
ccea'co operations in the south of the country. 'The key WI!! be to leave a permanent
presence there," Col. Vemon said. 'What we want to try to do is leave police stations
and Afghan national army in the areas so they never aga in are under Taliban influence."
A!. jeast 500 Tajban have died , according to coalition estimates, since the beginning of
last month when the insurgents iaunched a long---aoticlpated spring offensive. t.Aountain
Thrust takes adva ntag e of a surge in allied troop numbers prior to the de partu re of
severa l thousand U.S sckners from the 10th Mounta in Division, who are being replaced
by Br itish, Dutch and Canadians troops. The Afghan mis sion wm move to NATO. rather
than U.S., control at the end o f Jury,

At least 10 dead i n Ka ndahar bus explosion (CTV,ca N0WS )

A powerfu l explosion on board a bus killed at least 10 people and wou nded 15 in
Kandahar city in southern Afghani stan on Thursday. Police say the bomb wa s hidden on
boa rd a bus tarrying Afghan labo urers \'.'Ol1dI1O ror U.S.¥led mmtary forces at Kan dahar
A irfie!d ..- the coalition headquarters where over 2,2 00 Canadian troop s are based.
Acco rding to the Associ ated Press, the rush- hour blast destroyed the bus and scattered
body parts on a road rn downtown Kandahar city . No soldiers were injured In the blast.
C TV's Steve Chao, reporting from coa lition headquarters on Thursda y, said there ha ve
been numerous roadsida bomb attacks against soldiers tra vell!ng in convoys along the
road to and from Kandahar city in rece nt months . "B ut many of them have , in fae".. been
ineffectual against the armour Ca nadian convoys have on their veh icles ," he told
Newsnet. "So we 've seen a trend towa rd soft targe ts, if yo u win. and perh aps today is a
case of (Insurgents) gOing after those who are easy to attack." OffICials have said t he
'taliban's rece nt cerroaqn of violence is aimed at testing coalition forces movin g mtc the
area . and unnerving Afghan villa ge rs into believing the government cannot provide
security.

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Jean's bid to visit troops rebuffed

(WINNI PEG FREE PRESS)
CP Wire Alexanoer Panetta OTTAWA - GO'l. Gen. Michaeile Jean has asked and bee n
twice denied a greenlight to visit troops in Afghanistan white wa tching 1he prime minister
and foreign affairs min iste r make the same visit. The Canadian Press has learned.
Source s say security concerns were cited as a reason for adming the Governor General
no t to make the same trlp made by Prime Min [ster Step hen Harper and Foreign Affairs
Min iste r Peter ~.AacKay. Jean, who is c ommander-at-chief of Canada's armed fo rces ,
told miEtary officials sad} this yea r she wanted to visit the Kandahar military base, where
2,200 canadian troops are statione d. The Governor General also asked to visit
Canadian aid workers at a nea rby provincial reconstruction camp .

, .
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New. 14, 2007 EV.OND.OOO3.0061 12 of 18

 secnsr

Support Issues :

LOG/MOV:

Timmy's: CANOSCOM is cursuing the cpacn of An-124 to move VIe refrigerated

containers.

Eq uitable Treatment of Inj ured Co ntracted Host Nation CivHian.s: BN being staffed
for SUbmiss ion to DOS on 16 Jun .

CANOSCOM TFA EQU IPMENT UPDATE (Efiectivo13 Jun Oe)

SECREl
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New. 14, 200 7 EV.OND.OOO3.0061 13 01 18

 SECRET

PERS OPS,

VVJP Visits (Flag Officers & Equivalent I Political ApPofnteos)

International {no change}

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Nov. 14,2 007 EV.ONO.oon.0061 14 of 18

 SEC RET

; Week of: 12 18 Jun 06

Location Visit Dotes
!FA 1 ASG/41 CBG . Col GIUdO. Coi W nrl' . 11-17 Jun 00
TFA cos Cps CEFCOM, BGenOescham 1().17Jun 05

Week of: 19~25 Jun 06

t .ccetton i Dotes
!
--"._- - - -'
Nationa l (no change)
f"Week of 12 - 18 Jun 06 .. _.- ~

rLocatlon
L_~_... ..
_-_····m_.
···".=::~:::::: ·····:..J.l~~·l t - '~::=:=:_ ~__: ._-.J~~~ :=~=1
~~

CAMPAIGN AGAI NST TERRORISM DETAINEE TRANSFER LOG:

!CRC~Qn
"'.
20 Jan 02 I Afghanistan 20 jail 02
,
1

,
3

s.
e.
7
a
. ····:·GENE':rnotif~ Hvu FAe 9.
o .... 3.?.}~L9,,'=:;::;""'==_+~~L. .
1i .Ju! 02 ·GENE-Vnotified lr.n..FA<; 11, -
I _ . 16 ,l\lf 02 ;2 J
··1·(n~n. 05'Tf~(;~ti-,"~,.~b~\a=n--1-;o ",:::-;",
Sea
I " "!.m 05 -GENEV M tH'ied 14 J:.m 05
·le Re nclJ4ied 15 Jen 05
13.
,i
! . ..f
----_
..GENE\' no1i~e-d 12 Sep 05
·JCRe ~ot<f1!'Kl1 3 $ep O~
14 I
"
16 .
-GE:'iEV notifi;nniep 05 17
-JeRe !"~tffied~' ~"f;lSe"*-~O''';;;ri,,.-- -i
24 see os: I AtDh"i.;;"iS/an i '27 Sep 05 -GE NEV nOtified 28 Sep 05
·;CRC e, nollt 29 05
6~ 05 ! .Mgha'1i5tarl / 6 Dec 05 -GENEV no!:fled 8 Dec 05 19
.1CRC-:- noI~9DeeO!>
i 0 3 Maol Q6 ! A..fgha,-,:sIan .. Mar 06 -GENEV eceree 6 Mar 06 20.
; -lCRC &dvised 7 Mar 07
i 15 March 06 J Afghan-IStan ..(3ENEV !"otifiod 20 Mar 06
·ICRC noljfio&d 2Z March 06
~7 . 00 i ,a..fur>iineslan ·G EN2I Mtllied ' 0 A . 06 22 .

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Nov. 14 . 2007 EV.DND .lIOOJ .006 1 1501 18

 SECRET

r..;.~~~~~·~·;·~~~~~~~~:~··~· ·~~···=·:r-=A;i~;;~i];0;':====
r7'Apiii"&fTAfghanitlt<m l s Apr;! 00- -
h "O'ip7i1 00 { Mghal~>j;l!iln 11 t-,pryiOO--- --
~2.rAiir·oo..i·Afgha·~jsS;:.;··· ·--·--...·1··24··APi·OO....·..~·~~

Note :

T F Onon al apprcx ~k _ _ under custcdv (PUC).

Contrary to yes terdays report. _n~ as detainees "

SECRET
16/ 18

Nov. 14, 2007 EV.ONO.oon .0061 16 01 18

 SECRET

C4 OPS & 10,

SECRET
17!!S

Nov. 14. 2007 eV.ONO.OOO3.0061 17 of 18

 SECRET

Engineering: NSTR

MP: NSTR

HSSICasuallies:

• Op JAGRA Casualties
Situation as of: DLFH CONSOLiDATED SlTREP 006 - TFA CAS 12 JUN - 14
13552 JUN 06

t. GE NERAL rr ORION WAS INYO, VED IN A FIREFIGHT WITH TB

ElE MENTS. RESULTING IN

2.

SECRET
1SitS

Nov. 14,2007 EV.DND.OOO3.0061 18 01 18

 ·.CEFCOM EXECUTIVE SUMMARY
15 June 06
TFA Daily SITREP iSM DSR l~f ''19'''' d"J1l1l~J

Commander's Comments: NSTR

Lsst24 hrs: CTF AEGISHQ - 01' JA(;RA ongoing with emphasis on non-kinetic OP$ in Panjwayl district,
/' sUJ>ported by robust patroUing and·LE. A Coy maintained secljrity of.FOB MARTELLO, conducted patrols in . .... .
~.
1,,·,: ,' " ,
district, and conllnued
" .-,' . . .. ,.-.., « .'. .,
to $ecure
. . " .-.-
the Gumbad PL 09Pse.S Coy.
---'.- '- .. ..
~ :,:" -,,
:'.. C011tiriueg
;- .. ',' " ' '
OPJAGRA
. , . . ...:.: " ,'-
ph
::.:
2.. ',-T~ey . if .
-.- ':- :":' . _/

~';~SCUP!ed a 'Ptf0b<:t~~,~nducted 2)( ~,Sin . ~~hidh \lifas,~u~~ct§d t? ~~ve 9,%-dre9~pl TS.~~~e)17e. ~\

~I~~~ qg Vil~,tC'~dog~dtr1in!~!~redi~}~.~R~it 10r~~j>j~t the ADiPje qpn?~~t~"~ ~heir ir:lVesti9atlqfl;~fo!j8.~b~~J! '"
~il%'~~fce.they,~'e'~7(j a V~h·$uspec~~d:.~f ... . .....,. . .. . ,C G.~Y:: .Con~i1cte~ . > '.lrt~;:qp~fmp~.1';I! : :
', • , , '

¥!;0~th:CjS.;9JfI~en~'In£(),£:9 b tQK; f?lit~.~~loJ atea'!1'l ~~J~aw" Hq 9~~; ~9\1ed .~9{:<3Pf1f()rtQ7 ;RI90g~~K49~g~j f19llJg /*:~ ')
11I;the;r%pl//~f¥j;f!jf the\rem~iiA§,or ~h~BI~ '" QfpCite".the turret;,~p:~H??,~~t af1d: ~~YJ.h,\~~:t!"t~tw~s ''2~~i~~;~piFiYi , ,
EJiiWlilll s.ecured to tt:levehlcte Jla ~bEfenstrJ!,{pecl .py theJocaJs. , '" . , i . , " ( " . " " ",; ' ,:"k:ib'!X0, 'Z';"";'"
i]i \¥::; · _. :::~::,:{ .~::<\.:::: _.-:" -.': ., . :, " - " ." :,.. : ,:r.,::' -Z~ " ~h - >~ _~.:? :;: :'i:: ~ : : ;,~:~;_ ~: _ :-: .)+:\;'>L \'\;:, :';'::>_': ;~
fJ . ' <c" ':' , YO

4" Next 72 bours: P~J: Will host CEFCOM COSvjsit J5 JurL . A Coy: Witl continue liP taSKS of.FOS ,. , "
'; MARTELLO and GPH, while continuing" ~p for Mureaps ill the s part ofOpTABAR. S Cay:
, Will continue ph 2 of 01' JAGRA lAW 0/39 direCtion, C Coy: wm return to KAF for rest and refit prior to depl on
0 1' TABAR in a Coy AO. HQ Coy: Is expected to conclude recovery of SIP . in next 24 hours.

1/5

Nov. 14,2007 EV.DND,OCMJ3.0062 1015

 '. CEFCOM EXECUTIVE SUMMARY
15 June 06
SITREPS

KC: ANP Report explosion inside a bus in KANDAHAR city, Bus was carrying Local Nationa.! (LN) workers en
route to KAF. Reports indicate 7 x LN KIA and 14 x LN W IA. No Canadian casualties and AN? Is handling the
incident ANP assess that explosion was intended to occur inside KAF. Canadian elements are not involved .
Sea Incident for mom detali!

TFA detainees: There are currently no detainees under Cdn control. See InCident for more details. There has
been some confusion on this issue since the 12 Jun TIC so this is a recap:

- Dataine. : Taken and transferred immediately to NDS,

. • Detaine. : Taken nd transported to KAF for processing and handed over to NDS
14 Jun.

• Detainee. : Taken nd transported to KAF for tactical questioning.

Subsequently assessed has having no tactical value and released to a family member _

. • Detainee . Was never in Cdn custody. Was detained by ANA o~ Orion 22 checked up on
detainee and was concerned that he looked ' roughed up", Concern was brought up chain of command
and decision was taken to mentor ANA in detainee handling and have this detainee transferred to different
ANA group. Once again this detainee was never in Cdn custody.

The detainee is expected to be transferred to GoA auth ~n Kabul.

2/5

Nov. 14. 2007 EV.DND.OOO3.0062 2 of 5

 ,CEFCOM EXECUTIVE SUMMARY
15 June 06

INTRE PS - &ee CEFCQM CV1Qc.fuii In.tJ~",,p2

AFGHANISTAN: Update on ANSF activity in RC South .

3/5

Nov. 14. 2007 EV .DND.OOO3 .0062 301 5

 i"'1 )-"- ' . A C ~Y Fp m m m_m_"m._ ._ m m
.
12) Op JAGRA Phase 2

Nov. 14. 2007 EV .DND.OOO3 .0062 4of 5

 I~ D~y 3 '=" Op" JAG-RAp'h 2 0p'
i I
140430z - 150430Z

Nov. 14 , 2007 EV .DND.OOO3.006 2 S of 5

 SFnU,T 1630-1 (H)
01 20 06 PI' PI' SSSS ll'A 231

CDN 11'1\ NCE KANDAHAR

NDCC OITAWA
CEFCOM HQ OITAWAf/COSiJ3/COMMAND CENTRE!!
S EC RETll'A 231
OPERATION ARCHER ROTO I
~A SK l'Oll C E ,\FGHA N ISTA N (TFA) ROTO I TFA DAILY SITRfY07712Q06
~ EFFECT IVE AS Of'_ JUN 06
I, COMD COMMENTS: N/.A
2.A. OVERVIEW:
3 A ALERT STATUS:
3.1\.(1) KABUL 100 ALERT STATE A PLUS ( 13,14,16.18,19,20,22.26,28,29,
32.33 ,40)
3A(2) KANDAHAR ALERT STAm A PLUS. INSIDE CAMP , DRESS CODE 0
PLUS
(WITH WEAPON), WPN CODE W lJ. OUTSIDE CAMP, DRESS CODE 3. WPN
CODE
WR, VfJ'1CODE 3 PLUS
3AG) TSE AU,llT STATE. SAL 4 PLUS
3.A'(4) xnc. AL ERT LEVEL IS NIL NBC DRESS CODE IS N/A
4, SIGNIFICANT EVENTS: TFA SIR ()74 -
S. 'I f .A OPS
S.A, CURRENT OPERAT IONS:
SA (I ) rr AEGIS I IQ: NSTR
5.A.(2) PRT OI'S: AiCOMD I'RT HOS'rED TH '
VISIT TO KANDAHAR CITY. THE 11, AM WA
KANDAtiA R
c rrv THAT INCLUDED VISITS ~rrA I.
AND KANDAHAR UNI VERSIT~THE TOUR CONCLUDED
WITH
A VISlT TO THE GOVERNOR S PALACE Wli ERE THE
DELEGATION MET WITH GOVEllNOR ASSADULI.AH KHALID AND A WIDE
RANGE 0 1'
COMMUNITY LEADERS INCLUDING REPRESEl-trATIW$l'OR n IB WOI.ESl
JIRG A~
THE PROVINCIAL COUNCIL. AND SEVERAL PROVINCIAL GOVERNMENT
DEPARTMEN'IS. llGEN FRASEll AND COL PUTI' MET WITH THE RECCE TEAM
AnUt
THE TOUR TO DISCUSS Pl.ANS r OR ESTAllLlSHING .• PRESENCE AT
CAMP
NA11iAN SMJlH. PRT STAfF ARE PREPARING FOR UPCOM1NG VISITS
(SACEUR,
CO,. CEFCOM, AND I ASGi4 1 CllG), AND COLI.EC.TING INFORMATION TO
ADDRESS

NaY. 1.,2 007 EV.ONO.OOO3.0066 1 of 11

 INFORMATION REQUESTS RAISED BY THE. JEEEG A'110N, ClM IC DET
HOSTFJ)
'IHE US C IVIL AFFAIRS TEAM DtD1CATED TO 'H'"ORION, MEMBERS OF I'RI'
CIYI'OL DET PARTICJPATED IN AN OVERNIGHT I'll. WIT H MP PL TO H\VY 1
CHECK PO INTS 1, 2 AND} IN PANJWAYI DISTRICT, A ND TO PANJWAYI
OlSTRICT CEN'l RE FOR ANP LE S
5A(3) '1'1' i-os-
5A(3)(A) A COY:_MMNTAINED SECURITY Of FOB MART EI,l"O, OS 12
CONDUCTE D A PTL IN MIENISHIN D1 STR1Cr, CIS 13 CONI1NUES TO SECUR E
HIE G lJMBAD PL HOUSE AND CONTINUED PREPARATIONS TO RECEIVE
ANA ON 14
)UN ()6, TllE CONVOY TO RECOVER THE CIS 12 LAV WILL BE DELAYED DUE
TO
MECHANICAL PROBLEMS WnH THE
5A(3)(I» B COY: CONT INUED 0 1' JAGRA PH 2 !3 JUN 06, CiS 29, G 12, E2
AND Li lA SE'1 UP,' VCP IVO , Ell A ANI L\NP _
CiS 29. E2 AND
<ii2
THEN DEPLOVED WEST TO
FROM
1 SED ON lNll\EP S FROM ORION 9, CIS 22 CONDUCFED
IVO llWY I AI' ON 12)UN 06,!J!i.2]
DEPLOYED lAW CIS 29 ORDERS TO A POSmON 13 JUN 06_

~ CENTERED ON CiS 23 D EPLOYED TO _

iiiiiiiiiilllllllllllllllllllllliiiiiiiiiiilillA
)UN
WCIS 29 DIRECTiON ON 13
06, CiS 22 FIRED I X 5,56 MM WARNING SHO'1 12 JUN 06 IVO
• ATA SUSPIC IOUS GROU P OF6 X HGHTING AGE MALES WHO WERE
CONDUCHNG O VERT Rl',CCE ON CiS 22 S ELEMENTS AS THEY WERE
PRFPAR1NG
TO LXFlLTRATL BACK TO l HARI DISTIUCT CENTRE, IHS[J) ON _
TIlECOMD
ON THE
GROUND DETERMINED A WARNING SHOT AS THE BEST COURSE OF
ACnON,THE
SHOT HAD THE DES m ED EFFECT OF DISPERSING 1111: GROUP O F F'fGHTING
AGIO
MALES , THE SHOT WAS FIR ED IN A SAFE DIRECTION AND CAllS!]) NO
INJURIES
O R DAMN;E, CiS 22 CARJUED ON WIm lTS L\SK WITH NO FURTHeR
lNcmENT,
CiS 29 DETAINED I X FIGHTING AGE MALE IVO

-
06 , THIS IX BY THE NAME O F

Nov. 14,2007 EV.DND.OOO3.0066 2 of 1 1

 HAD A LARGE AMOUNT OF PAKISTANI A ND AFGHANI
CASH,
AND HAD 1'0SSlBLE HLOOD STAINS ON ars CLOTHING. HIS RL\CTION TO
QUESTION ING BY H COY INTREPRETERS WAS DEEMED TO BE S USI' ICIOUS
AND
CO ULD NOT ADEQUATELY EXPLAIN HIS PRESENCE IN THE VICINITY. THE
DETAINE[' WILL Ill'. TRANSPORTED IlACK TO KAF VIA FOH
FURTI'IER
PROCESSING
5.A.(3)(C) C COY, CONDUCTED CLEARING OPS IN ACCORDANC E WITH CiS 9
S
INTENT. CiS .1 CLEARED FROM THE sours MOVING FROM NORTH TO
SOUTH NEAR
THE VILLAGE OF _ 3 X TICS OCCURHED ON ~6 DURING
THE
EXECUT ION OF OP JAGHA. ALL TICS OCCURRED ALONG THE
/\ ,ND
WITHIN _ OF EACH OTHER. lCCURR ED
THHOI.JGHOlrl'
THE OPERATION.

TODAY.
THRO UGHOUT T HE OI'LHATlON,. DETMNt:ES WERE DEALT WITH .• •

RELEASED TO THE NDS_ 0 6,

HErNG TRA NSFERRLD ON ~6 HACK TO KAF

~ I TIlE EN EMY
S IJFFERE!~
X CONFIRMED DLAD AND AN UNKNOWN AMOUNT O F WOUNDED. DDA
FROM .12 IUN
06, . :ONFIR MED EN KIA, ESTIMATED _ KIA,. WIA, DlRECT H IT ON
GRAPE DRYING HUT (COMPOUND). PAld"l'il"ROOF AND I X WALL
DCSTRO YED mrr
NO o THCR COLLATERAL DAMAGE AS THE RESUl.T OF CAS DELIV ERED A

~ BOMB STRIKE
5.A.(.1 )(I)) HQ COY, CIS 63 IS CONDUCT rNG HIP LAV RECOVERY. AS or 13
JUN 06. CiS 63 REPORTED THAT UNK UP WlTH RCI' WAS COMPLETE.
I IOWEVER

Nov. 14,2 007 EV.ONO.oon .OO66 301 11

 PROGRESS TOTllEBIP LAV SITE WAS SLOW AND THAT THEY [HI) Nor
EXPECT
TO I, E AT SITE UNTIL NEAR LAST LIGHT. CiS 63 LATfJ, REpORTEDTHAT
RCP
WAS HAVING MECI1ANlCAL PROBLEMS AND THE CONVOY COMPLETE
WOUlD MOVE TO
POIl MARTELLO AND AHEMl"f Ilip LA V RECOVER Y AGAIN ON _ 116.
CIS 64
CONDUCTED Ill' FOR 01' ROCKETMAN MISSION FOR N IGHT OF _ o6
5.;\.(3)(10) TF ORKiN HQ' NS11l.
5.A.(3 )(FJ A BTY : G 1A MOVED FROM AMA _ , M A _
_ TO MORE EFFEC ITVELY SP 01' lAGRA SUB UN IT M~
REMAINED
DEPLOYl'D IN FOil MARTELLO
5.An)(G) II FD SQN: n lE COM POS ITE TP IS IN FOB MARTELLO
CON STRUCTlNG TH E FOB. TIlE STATE OF T HE RENTED HY EQPT IS STILL
UNSATfSFACTOR Y AND CAU SING SLOW PROGRESS
5.A .(} )(1'1) !ISS: CONTINUED H i SP TF OR ION WI1Tl2 X ME]) TECH IN SP OF
A COY (CIS II, 12 AT FOB MARTELLO), I MED TECH IN SP O F A COY (CiS
13 AT GUMHAD 1'1. HOUSE ), I XAMB DET IN SP OF A COY (FOB MARTELLO),
2
X MED rrcns IN Sf' O F B COY AT CA MP NATHAN SMI TH, 1 X M ED TECH IN
Sf'
OF B COY AT _ 3 X MEl) T ECH IN SP OF C COY, 2 X AMB IN SP 01' C COY
(RI P ED A M Il, RRRj, I X MFDTECH IN SPOF A IlT Y, I X ~IED TECH TO
KAB UL FOR HLTA COVERAGE (19 MAY, J7 JUN), I x ME]) TBCH IN SI'OF
CAMPN,HHAN SM1TH RES UP (1.1 JUN), I x AMB IN SP OF IRF (BVA C PL
STA NDING TASK), AND I X AMIl IJET FN SP OF CAMP NATHAN SMITH .
(EVAC
PL STAN mNG TA SK)
5 "-\,(3)(1) TUA V, CON DUCT ED A MISSION IN PANJWAY1. LAUNCH BIJ ON 12
JUN
06, MISS ION WAS '10

IN PREP FOR THIS M ORNJNG MISSION

5A(J)(.I) MP PI,; 1 MP PL CONDUC1TIJ MTT ANB P PERSONNEL QUA 1,fFIED
12
ANBI' '! O LEVE L 2 OF MTI' SCHEDULE. PROV IDED EORC E PROTECTIO N FOR
EMERGENCY RES UP CO NVOY TO PANl WA YL CONDUC!1iIJ ST ATION
SURVEYS AT AN'!)

3,-_
ANll l' HQS
5A.(4) CTF AEGIS SIGS SQN S IGNAL SP TM (SST ): SSTS DEPLOY ED TO

AND
CONl1NUEIJ TO f'ROVIDE SP A]' lOCI'

Nov. 14. 2007 EV.DND.OOO3.0066 4 of 11

 .~IIIII!II. DETS DEPL.OYED WITI·11111
· • • • • • PTLS. I X DEI' ON
S'IANDBY
J'OR Q RF. cr TASKI'OR 13 JUN 06 CANCELLED
5.A.(5) ESU: AREA R· CONTRACTOR ASSEMBLING LSO CONTA INERS fOR
ROLE
I HSSfACILITY.AREA 12· INSTALLED 120 OLD AND 165 NEW JUlSEY
BARRIERS EXPECTED COMPLETION 30 JUN ()6. AREA 26· WOR KING ON
COMPLETION or FIRST A ND SECOND BLDGS. AREA 29 · WAT ER FILTER
INSTALLATION AT ROLE .1 ONGOI NG. BOARD WALK · FIRST TIM HOIU ON S
'lRAllJiR PL~CED AND LE\T:LED, SE;COND TRA IL.ER EXPECTED 14 1UN 06.
ESU
WORK SHOUW HE COMPLETED BY 22 I LiN 06. CAMP NATHAN SMI1l-l · RE-
PIPING
THE WATER PRESSURE PUMP, 75 PERCENT COMPLE'l1i . INSTALUNG NEW
WATER
TANK FO R H RE HG HTERS. WORKING ON ASIC BLDG. FOB MARTEU.,O -
CONfiRM ED 19 TR UCKLOADS. VICE 25. OJ' GRA VEL ARRIVED ON SITE.
wu .r,
DRILLING TEAM ON SITE, REQUlR E WATEI< TO COOL EQl'T. ESTIMATE
COMPLETION 30 J UN 06
5.A.(6) ASIC: CO!'I INIJING TO CO NDUCT A NALYSIS AND TARGETING IN SP
Of
TI' ORION AND SA AND 'I AND W fOR TI'A .fSG COLLECTION TASKS
CONTINUE.
....l1li.. 10 KAf FP CONnNlJES. DEPLOYED TO f OB

-
MARTELLO
IN SP Of ONGOING OPS . C A."D I TAV HAS STARTED TO OPERATE 'J1iE NEW

CAPA BlU f Y AT CAM P NATHAN SMITH

5.A.(7) PAO: COV£JlA GE OF F1REfIOHTTHAT WO\JND EDTWO SOLD IERS IN
I'ANiWA YI. COVbRAGE OF TIM I·IORTON S 'IRAILER ARR IVA L
5,A,(S) TSE OPS:
5A(S){A} 13 J UN CC 130 e FC 95 CM·KB· KN·CM
5A(9) ANTC: 'ow COORD AT KMTC
5.A'( 10) NIS : COMP LETION OF INVESTIGATIONS
5AIl ! ) Ml': ONGOlNG Ml' INVESTIOAT IONS. l'ERlMET ER PTL COND UCTED
BY
I'RIMAR Y MP PTL. ONE MP TASK ED ,\ T ECP 3 REMOVED FO R CLASSIFl lJJ
OPS
5A(12 ) OP ARGUS: NSTR
5.A.([3 ) l-L~S ' NSTR
5A(I3J{A) HSS Ml'JJREP: (READ AS . ICK PDE. ADMI1TED TO ROLE 213/4 ,
MED REPATISTRATEVA C):
5.A.• I» . TfATOTALS:!III!1I!!1!!

-5.A.• (I3;. ROLE ) MULT1NAT!ONAL MEDICAL u-nr . CANA DIANS ONLY

No¥. 14. 2007 EV.ONO.(l(ll)3.C066 5 01 11

 5.A.
5.A_
B
.
5.A.• :B. TSE UMS;!!!!!.
KM lJMS: _
B_CAMl' NAT HAN SMITH UMS;• •
5.B. IFA OPS NEXT 72 I·IOURS:
5.B.(1) e ll' AEGIS HQ; NSTR
5.B.(2) PRT OPS : A/CO MO PRT WJLL MOVE TO KAP TO BIUEF SA CEliR AND
U AISE WIm 1'1' ORI ON STA FF. Pill' STA FF W ILL COND UCT A RECCE TO
PR EPARE FOil A MEDICAL C LINIC FOR MBIlS OF THE UX:AL COMMUN ITY
5.B.(3) 1'1' 1·06;
5.B.(3)(A) A COV: WILL CONTl NUE FORCE pROlF£nON OF FOB MARTEU.O
AND
CONllNlJE WIT H PLANNING O F fl.r r URE OPS IN TH~ AREA AS

-
PART
OF 01' TABAR. CIS II WILL CONTINUE lllE DEFENCE AN D Sfx:URJTY OF

AREA, ONCE T I·IEY RECOVER AN RO· 31 WIT H ,\ COO LANT I'RO HLEM. CiS 13
WILL
CONTINUE TO SECURE GUM BAD P L HOUSE
5.1l.( 3)( B) B COY: WIl.L CO NTINUE PH 2 OF 0 1' JAGRA lA W CIS 9
DJRI';CT ION. CiS 2 WILL C LEAR HIE VILLAGE OF BEFORE MOV ING
TO
THli~IIIIII".AREA TO CLEAR IT. CIS 2 1 WILL CONTINUE FORCE
PROTECTION
TASKS AT AND 11-[E_
5.B.(3XC) C COY; WILL PERFORM FROM THE• • •
AS
B COY CLEARS FROM T ru' IN H1E AREA
S.B.(WD) HQ COY; CiS 63 AND iE WILl. CONTINUE WITH THE B ip LAV
RECOVERY T ASK. CiS 64 A WILL CON DUCT 01' ROCK ETMAN [VO KAF ON J.]
JIIN
06. CiS 79 ANO 71' W[L1.. CON DUCT 0 1' ) A(; RA WITH CiS 9 TAC
S.B.O)(E) 1'1' ORK) N HQ; NSTR
5.11.(3)(F) A BTY; G IA W[LL REMA IN DEPLO YED IN AMA. 'ND nrr SI' 0 1'
MORA O I'S W[TH lNDIRECT FIRE AS REQUIRE D. G III wi u . CONTlNUl; TO SI'
11'
OPSl'ROM
5.BD )(G) [ I FD SQN : CONSTRUCTION OF FOB MA RTE LLO TO CONTINUE. CIS
El lA, EIID I'ROV[Dl1'G SI' TO B COY FOR 01' J!l.GRA. 101 511., ElK AND EI5F
PROV[DlNG SP TO C COY FOR Of' J!l.GRA
S.B.(3 ~H) HSS; W[LL CONT INUE TO SP 'IF OPS, CAM P NATHAN SMrm, FOB
MARTELLO, GUM HAD 1'1. HOUSE. ll-lE_~ND KA I'
5.11.(3)([j T!.JAV: HAS A BE pllL I'A RED TASK TO FLY OVER THE pAN)WA YI
A REA IN SP OF C;$ 2 AND 3 IN THAT LOC
5.11(3)0 ) MP P I.: CONT [NUE PLANNING AND CONDUCT OF ANI' rno WITH

New. 1., 2001

601 11
 ReMp. PI I AND E5 TO CONT INUE M'IT AT AN Bl' HQ DUE TO TH I'.
AVA ILABILITY
OF THIS GROUP OF [J FOR 'm E WEEK. TH US P ERMITTING 11·IEM TO
QUALIf Y
ll·IEM U P TO LEVEL 6

-
5.8.(4) CTF AEGIS SIGS SQN, WILL PRO VIDE I ~ VE H DURING THE DAY
A!''D 2 ~ VEl·IS DURING NIGJ-IT IN SP OF 11' PTLS. ONE X

VEH ON STANDBY FOR QRF. W1LL CONTINUE TO PROVI.DE SIGNA L SP TO

err
AEG IS HQ JOC AND JOC SECliR.lTY. CONrINUE AL L OTH ER S IG AND
GENERAL SP
TO SST LOCATIONS. TF ORION , MNIl HQ AND ECp 3
5.1l .(5) ESU; CONTINUE ON FIR ST T WO BUILDINGS AT sms 26. COMp LE'l1i
ARTY ISOS TI'IIS WEEK. COMpI EI1'; PREPARA'I ION FOR FOB K.IT
INS1 A LLAT10NS
(ABLUTIONS, U GHT KITS, LIGHT BUUl S,WATER BL,\DDfJ( j. SECOND OF
TWO
T IM HORTON S lRAILI'JLS TO BE I' L" Cc D IN PINAL POsmON
5.l!.(6) ASIC ; DEI'LOY liJJ TO FOB MARTELLO IN SP OF
ONGOING O PS
5.B.(6XA) CO ASSESSMENT; IT AND PERS ISSUFS CONTINUE TO APPEel'
CApAllIUTll~S or- 11'IE ASIC DISCRETE MSG OPERA110NS HAVE IlEEN
CEASED
IfI\'TIL N fV S ARRIVE
5.B.I7) PAO; ONGOING 01' IN PANJWAYI
5.8.(8) TSE OJ'S,
5.8.(8XA) UNKNOWN X PALLETS FOR TFA AND UNKNOWN X PALLETS FOR
CAN
5,1l.(8)1H) 14 HJN CC 130 ere 94 CM, KH-KN-CM
5.B.(8)1C) 14 J UN CC 130 eT C 98 CM-KN-CM
5.1l.(8)1D) 15 JUN CC !30 CFC 95 CM-KB-KN-CM
ere
5.11.(8)(E) 15 JIfN CC 150 4432 ARR
5.B.(9) ANTC ; DAILY ROUTlNE AT TAGl KMTC
5.Jl.(10) NIS; CONTINUED .INVE STIGATION OF ONGOING MP FIU '$
5.B .(11) MP; P ERIMETER, CAMP AND FORCE PROTECTION PTLS
5.B.(12) OP ARGUS ; NSTR
S.B.\ 13) HSS, NSTR
6. LOGISTIC'S;
6.A. LAST 24 I·IRS; RECOVERY OF THE BIP LAV WAS NOT COMPlJi'IU ) DU E
TO
VEH HREAKDO\VNS WITHIN ll-IE CONVOY. CONVOY WILL STA Y IN
MARTI;U.O
OVERN IGHT AND EXEC UTE RECOVERY IN nu: MORNING. RESUP OF CAMP
NATHAN
SM ITH :HA RE DISTRICT CENTRE COMPl.ETED

Nov. 14. 2007 EV.DND.lIOOJ.OOll6 701 11

 6.1l. NEXT 72 nns. RESUP TO PANJWAYI DISTRICT CENTRE WILL BE
COMPLETED ON 14 JUNE. RESt!? CONVOYS TO LOB MARTELl.O, ZHARI
DISTRICT
CENTRE WILL BE COMPLETED ON 15.1UNO(,
s.c. CO NSE ASSESSMENT, ROTATION OF POL ASSETS SUPPORTING
FORWAHD
TODAY WILL ENABLE THE REFUI'J..UNG TAV TO COMPLETE ITS WORK ON
OUR POL
EQUIPMENT AT KAF. PROGRESS TO DATB HAS BEEN MOST SATISFACTORY.
MOVBMENT INTO nm nmm; CANADIAN SPONSOlUJJliiiiiiiiiiiiii. . .
!IAS BEGUN
ANn HAS GREATEY IMPROVED OIJR SITUATION IN 'mB . THE LEVEE OF
RISK
REMAINING IN TIlE_ HAS BEEN APPRECIABLY REDUCED. THERE WIU .
REMA!N
A HEQUJ REMENT TO STORE IN API'ROX 25 SE,\CANS UNTIL

• • • • • • • • • • •,ARE COMPLETED. THE NCE.n HAS

PlACED
~E D I A TE ORDLR FOR THF
_ FOR
THE RD. THE DOES NOT MEET 'IllE
REQUlREMENT Tim IS URGENTLY REQU IRED BY ,~
IlTY FOR
BONAFlDE OPERATIONAL REASONS AND THF EARLIEST POSSIllLE
DEUVERYOF
TilE JT EM IS REQUESTED
7. EQPT STATUS AS FOLLOWS (TOTAL SVC, J,1', WiL, WiP)
7.A. ~ TOTAL.
7.A.( I) KAF BASED UNJTS,
• •••••••••
?B. • TOTAL.
?B.(I ) KAF BASED UNITS,

7.C. •
7.D._ · TOlA L
TOTf~\I~'.~:5~::::::~
7.C.(l) KAf BASED UNITS,

7.D.(!) KAF BASED UNITS,

7.E._·TOTAl . • ••••••••
7.E.( I ) KAF HASED U NI TS:
-,.F ~ TOTAl.•
I.F.(I) KAF BASED UNITS,
7 ,G~
I .G.O) KAF B,\SED UNITS,
I.H ; ; • JU rAL . (NOTE
7JL( 1l KAF BASED UNITS,
7.1. • TOTAL.
7.1.(1) • TOTAL.

Nov. 14.2007 EV.DND.OOO3.0066 8 0111

 7JO )(A) KAF BASED UNITS:
7.I.(I)(B) KABUL IIASED UNITS:
7.J -TOTA l_
7.J.n: ~ TOTAL. . .• • • • • • • •
7J.(1 )(AI KAF BASED UNITS:.
7.1.(2: - TOTAl.
7JDX,A) KAF BASED UNITS:
7.K AND - RnAL.
7X-li ) KM BASED UN1TS::~"i!!~• • • • •
7.1.. AND R MP - ·1.
-o~r~AiiLii.
iI• • • • •1
7J. (I) KAF !lASED UNITS:.,,!
7.M BASK - TOTAL.
~!NI~rS~.:========~
7X(2)
7.M.(I)
7.M.(2) KAF BASED
KABUL BASED:
7.N. - TQTAI_
7.N.(l)

7X(3):::::::::::::::::~:
7S(4)
,.' .,N is)
"
••••
S.l'ElG TFA S'IllENGllIIN IHFXlRE: RI~'D IN SIX COLUMNS ITOTAL.
EFFECT JVE MIL. TA V OFr. U JAVI\ UNFIT fOR DUTY). Nom: TA V INCLUDES
MIL ,' ND civ PE ~R.
S• • • •
SA TFA TOTAL:.
SAO ) KABUL HASED TOTAL:
SAC) KAF BASED TOTAL.
S.ADITSL
SAl4, CA CIV EMPLOYEES:
9. tSM ISSUES: NSTR
10. OEF ISSUES: NSTR
11 . AIRCRAfT STATUS:
11 .1\,(,1 '
:1.AJ2I_ E T S 13 JUN06
, 1A (J)_ FMC
12. QP ARGUS iSSUES: NSTR
11. TFA ISSUES; NSTR
14. visrr FORt.CAS r (NEXT 30 DAYS). (HEA D IN TWO COLUMNS
VlS !TJDATE):
j 4A ARMY CI IAPLAIN RESEARCH 18 )UN - 30 JUN

Nov. 14, 2007 EV.ON O.oon .OO66 9 01 1 1

 14.B. CfCWO 20 f UN - 22 fUN
14.C_ CO AND RS M 2 1 JUN - 28 J UN
14 .0. CSE 26 JUN - 30 fUN
14.E. !,;loW CI.~ 26 JUN - 4 lUI.
14.f . COMO CEPCOM 2 J UL - 9 JU I.
15. CU RRENTlN-TflEATRE VISITS (READ IN TWO COLUMNS V LSlT/DKIE j:
15.A. DR IRWTNRLSf.\ RC H Ol IUN - 15 AUG
15.B. I) R M-\ I.ONEYOi lUN -03 JUI.
15.C. COS C EPCOM 10 JljN - 17 JUN
15.0. 1 ASG/41 C L~G u JUN - 17 f UN
16. ONGOLNG TA YS (REA D iN TWO COLUMNS TAV SUB l/DATEy
16.A. CONSTRUCf ION A ND INSTALL TAV 27 A PR - rue
16.B . C ERT H' AND INSP JA Y 24 MAY - 2J J UN
16,(;, ron MARl ELLO roc CIS 26 MAY - TB C
16,D, FS 'lA Y 29 MA Y - 16 JUN
16.E. TSEH SATO ! JUN .. 14JUN
16.f . CFPSA EQUIP MA INT OS JUN - 2J f UN
16.G. REF UELLER TAV 09 f UN - 28 J UN
16.H. CANCAP REC(J; 12 JUN - 18 JUN
Ii. lJJ'C OMING 'IAVS,
17.A. !ED FD TF.AM l'AV 14 J UN - 9 SEPT
II. B. CBT CAMERA TAV 26 JUN - 26 JUI.
17.C. DLR 27 JUN - 02 JUI.

18. DETA JN1£S; ON

. . £XX: TO n
_ 06,
17.0. OP FUNC'nON TAV 1 AUG - I ssrr
17.E. RSA T TA V NLT JO DAY PR IOR TO TOA

ils EFfECT. DUE TO 1·IlS MED CONDoHE REMAJNS AT

ROLE
3 MMU HE WILL BE ESCORll' D TO ON _ o6 VIA FOR A
AT H IIS TIME HE WILL BE
HANDED
OVER TO GOA OPFlCl ALS AND TF ,~ R ESI'ON SIBlr.rIY FOR HIM WILL BE
CONCLU DED. A FINAL SIR WILL BE SU BMITTE D ONCE
COM PLETED
18.A,_ OETAI NEES WE RE TRA NSPORT ED TO KAF ON N iGHT
oe.
_ vru, BE RELEASED A~)f NO TACI ICAL VALUE.
nus
m'_
PROCESS IS

\\JIlL
BE HA NDED OY ER I O N OS, SlR 075 REFE RS

Nov. 14. 2007 EV.DND.lIOOJ.OOll6 10 of 11

 RY. CRUJCKSHANK,
., . •. . . . A
. -. A , ,. ', MM. .n
... ,TI' .1\

SECRET

Nov. 14, 2007 e V.ONO.OOO3.0066 11 0111

 SECRET 1630-2 (13)
01 02 06 PP PP SSSS TFA HQ 121

CDN TFA NCE KANDA HAR

NDCC OTTAWA
INFO CEFCOM HQ OTTAWA/IJ3/CO MMAND CENTREI/
SEC RE TTFA HQ 121
OPERATION ARCHER ROTO I
SUBJ: ROTO I SIR TFA 040A 2006. DETAINE ES - SUPPLEMENTAL
REF: ROTO I SIR TFA 040
1. DATE, TIM E AND LOCATION OF INCIDENT : TIME PERS DETAINED WAS
06 VICE 06
2. D ESCRJP~: REF STATED_ INITIALLY INVOL VED,
HO WE V E ~RETAJNED FOR QUESTIONING. DETAJNEES WERE
FIRST
TAREN 06. ~O KAF WAS REQ AT

DETAJNEES WERE DETERM INED THROUGH TACT ICAL QUESTIONING TO BE PERS

OF
to: ~ • WERE NOT HAND ED TO LOCAL ANP

PERS WERE NOT HANDED TO AN ,.._ _......

I . :'l I VERE D TO ~T . iRJO'"
WATCHDOG ASSETS ARE GUARDING DETAJNEES AND ARE COMPLETING ALL
REQUIRED DOCUMENTATION
3. EQUIPME NT AND/O R INDIVID UALS INVOL VED:.DETAJNEES. NO FURTHER
DETAJLS AT THJS TIME.
4. POSSIBLE BROAD ER IMPLICATIONS: NOT KNOWN AT THIS TIME
5. RECOM MENDATIONS AND PROPOSED FURTHER ACTION: FURTHER
SUPPLEMENTAL
SIR TO BE ISSUED ONCE SCREENING PROCESS COMPLETE AT KAF
6. ACTUAL AND PROBABLE MEDIA INTEREST: NOT KNOWN AT THIS TIME

C.D. CARE FOOT CAPT, 13 DO

R.F. CRUICKSHANK MAJ, 13 TFA
SECRET

Nov. \ 4,2007 EV.DND.OOO4.0068 '" ,

 SECRE T 1630-2 (13)
01 0 1 6 PP PP SSSS TFA HQ 119

CDN TFA NC E KANDAHAR

NDCC OTTAWA
INFO CEFCOM HQ OTT AWN/J3/COMMAND CENTRE//
S ECRETTFAHQ 119
OPERA TION ARCHER ROTO I
SUBJ: ROTO I SIR TFA 040 2006 . DETAINEES
I. DATE, TIME AND LOCATION OF INCID ENT 6,

2. DESCRJPTlON OF INC IDENT: WHILE CIS 3 WAS CONDUCTING OPERAT IONS

IVO PERS WERE DETAl NED . TACT ICAL QUESTIONING
OCCURRED FOLLOWED BY A REQ TO MOVE PERS TO KAF. CIS 3 WILL MOVE
DETAJNEES IN ITIAL LY TO 0
KAF. DOCUMENTATION WILL OCCUR lAW INTERJM TSO 32 1A
3. EQUIPME NT AND/O R INDIVID UALS IN VOLVED:. DETAINEES. NO FURTHER
DETAJLS AT THIS TIME .
4. POSSIBLE BROAD ER 1MPLICATlONS: NOT KNO WN AT THIS TIME
5. RECOMMENDAT IONS AND PROPO SED FURTHER ACTION: NOT KNOWN AT THIS
TIM E
6. ACTUAL AND PROBABLE MEDIA INTEREST: NOT KNOWN AT THIS TIME

C.D. CAREFOOT CA PT, 13 DO

R.F. CRUICKSHA NK MAJ, 13 TFA
SECRET

Nov. 14,2007 EV.DND.0004.0069

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 . De1aill «~ 06
W A LTON ,SD 00 {$ - CANNSAl -

At : cs, I p(i=(:; were detained bv TF Or~M MPt> dwir,

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• 0 PK Pol Highlights

Media Interest:
Flag-lowering no t Forces protocol (One of several discussing the issue)
The Kingston Whig-Standard
Gene Garland
The news med ia have reported tha t the Conservative government is no longe r lowering
the flag to half- mast when our soldiers are killed overseas. What they fail to tell the
public is that there is a poli cy for the lowering of flags accordi ng to the location of the
soldier s' regiment and base and all other bases across Canada .

Repatriation a private affai r: Government closes Trenton airfield for return of four
soldiers' remains
The Kingston Whig-Standard
Alexander Pinetta and John Cot
The Conservative government will no longer permit public access to images of
flag-draped coffins when fa llen soldiers are returned home from Afgha nistan .
For the first time since the Afgha n miss ion bega n, the gove rnmen t wi ll shut down an
Ontari o airfield when the remains of four soldiers killed over the weekend are returned
today. Government officials said the policy is permanent.

Military to get cash infusion in budget: May 2 is B-day, Flaherty confirms. Liberals
and NOP expected to reveal today their conditions for supporting Tory plan
Montreal Gazette
Mike Blanchfield an d Allan Woo
The Canadia n Forces will receive a "substa ntial" infus ion of new cash in the first Harper
government budget, which will be presented next week , Finance Minister Jim Flaherty
said yesterday. "We have a substa ntial commitment with respect to the military ," he said,
addi ng only: "walt for the budget." Earlier in the day, Flaherty confirmed the
government's key economic document will be released May 2.

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How we know we're at war: We may be slow to recognize this new kind of conflict,
but our enemi es certa inly think th ey're at war with us
Th e Ottawa Citize n
Paul M anson (Forme r CDS)
Th e sad news about the latest Ca nadian casua lties in Afg hanistan , close ly follow ing the
recent House of Commons debate on our military invo lve ment in that co untry , starkly
draw s atte ntion to the larger ques tion of Ca nada's status in the so-ca lled Wa r on Terror.

o PK Pol Notes:

Kabul Embassy.

CEFCO M reported that Kab ul Embassy asked TFA for support in flying SUVs out of
Kabul into ~ Asked FAC if they could do it via CAL or provide funding. Awaiting
reply.

Detainees.

GEN EVA confi rms that the le RG was notifie d on 19 A pril 06 of the • •betetnee
transfers on _ 06 and the " , ransfer on _ 06.

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Joint Command System:

Continental Issues

International Issues

Afghanistan

The flight ca rrying the remains of the four soldiers kille d in the 22 Ap r 06 lED attac k is
travelling on sc hedu le and is expected to arrive as planned in Trent on at 1830 (loca l) 25
Apr 06. (C FACC)

Operation Sextan t: NSTR

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AFGHANISTAN

CONTINENTAL
• NSTR

INTERNATIONAL

Source:

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TFA Sitrep

Commanders Comments:
CO MO COMMENTS : TFA WAS FOCUSED ON ENSURING THAT REPORT ING OF THE
INC IDENTS OF 22 APRIL WERE FOLL OWED THROUGH AND ON REPATR IATION
ACTIVIT IES. MRS AND LESSONS LEARNED ACT IVIT IES BEGAN . OTHERWISE A
NORMAL , ROUTINE LEVEL OF ACTIVITY

Current Ops:
PRTOps :
PRT OPS : VISTS BY CO MO (DESIGNATE) CG RC (S) AND COM O
CEFCOM . COMO PRT AND THE ALL-OF-GOV ERNMENT (AOG) TEAM BRIEFED CG RC
(8 ) ON PRT MAND ATE AND OPERATIONS A ND PARTICIPAT ED IN A DISCUSSION
WITH HIM AND HIS TEAM ON THE MAJO R ISSUE S AFFECTING THE PRT AND THE
3D APPROAC H TO OPERATIONS. CO MO PRT AND THE AO G TEAM ATIENDED A
WORKING SUPPER WITH GOV ERNOR ASSA DULLAH KHALID AT CAMP NATHAN SMITH

A COY :
A COY : CONDUCTED A LEADER ENGAGEMENT AND SEARC H IN
S WELL AS CLEARANCE AND SECURITY PATROLS
CIS 19E CONDUCT ED A CONVOY

STATED THAT THREE MEN RAN INTO THE VILLAG E OF

~ FT ER THE 22 APR RCIED WAS INIT IATED. THE NA ME OF THE
SUSPECTED BOMB ER IS

SAW TH REE
INDIVIDUALS FLEEING THE TOWN TODAY ON A MOTORCYCLE. TWO OF THE

.. .... .. .
DESTRO YED BY ENGINEER ASSETS IN LOCAT ION. CIS 12 SECURED _
ONDUCTING SECURITY AND DISMOUN TED
~" .
CIS 12B CONDUCTED A DISMOUNTED
TH EY

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EQUIP MENT. THE 2 X DOZE RS ARE NOW OPERATIONAL, HOWEVE R THE RENTED
EXCAVATOR IS ST ILL NS

BCQY:

B CO Y: CO NDUCTED ESCORT AND SEC URllY TASKS W ITHIN

KANDAHAR, THE JCC AND CAM P NATHAN SM ITH. COY HQ AND CIS 2 1 CONDUC TED
BP FOR A LRP TO PANJWAYI. CIS 23 CO NDUCTED 2 X CBT PTLS. FIRST WAS
TO THE _ AND THE SECO ND
WAS A CSS ESCORT TO

CCOY:

C COY : CONT INUED WITH OP KETARA, NAMELY A LEADER

ENGAGEMENTIRO UTE RECCE IN AND A COMBAT PATROL
CIS 39, 3 1. G13, AND 95E CONDUCTED A LEADER ENGAGEMENT IN THE
V ILLAGE OF FOLLOWED BY A ROUTE REeCE ON THE
CIS 31 W ITH CIS 95 E
ASSETS CO NTINUED SOUTH TO THE HIGH FEATURE TO CO NDUCT A
PRESENCE - RECCE PATROL ALONG THE EAST SIDE. NO DETAILS OF LEADE RS
ENGAGEMENT AVA IL AT T IME O F DSR. CIS 33 CONDUCTED A CBT PTL WITH THE
FOLL OWING BEING NOTED: NUMERO US WOR K CREWS IN POPPY FIEL DS ALONG
ENTIRE ROU TE.
SO ME LOCALS IN CO MPOUNDS CAME OUT TO
WATC H PTL PASS, INCLUDING WO MEN AND CHILDREN. A MAN WAS SEEN
CARRYING A RIFLE AT PTL ALSO SEARCHED 7 MALES
WIT HOUT FINDING ANYTHING O F SIGNIFICANCE. PTL INFORMED LOCALS, NOT
TO OPENLY CAR RY W EAPO NS AND GAVE THEM INFORM ATION REGAR DING THE
REWARD PROGRAM LEADING TO AMMO I WPNS CAC HES

TUAV: NSTR

Next 72 hrs:
PRTOps:
PRT OPS: COM O PRT AND THE ALL-O F-GOVERNMENT (ADG) TEAM W ILL
HOST A DINNER AT CAM P NATH AN SM ITH. THE AFG HAN MINISTRY OF FOREI GN
AFFAIRS (MFA) REP A ND CG RC (S) AR E EXPECTE D TO ATT END WITH MEMBERS
OF THEI R STAFFS AND REPRESENTATIVES FROM THE UN AND OTHER
ORGANIZATIONS

A COY:

A COY: CO MD CEFCO M W ILL V ISIT TH E GUMBAD PL HOU S;;E~'j,

C~/S!!
" ~I!!!!II!!!!!!!I• •
W ILL CO NDUC T CLEARANCE PATROLS OF lED VALLEY 10.1)
W ILL CO NDUCT SECURITY OF FOB
MARTELLO AND CLEARA NCE PATROLS IV CIS E 5 1
WILL CONTINUE WITH DEMOLIT IONS IN THE AR EA OF THE FOB. IF EXCAVATOR
FIXED , THE PLACEMENT OF HESCO WILL START ON T HE WEST WALL

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BCOY:

B COY: WILL CONTINUE WITH ESCORT TASKS AND PTLS IN

KANDAHAR. LIAISON TASKS AT THE CAMP NATHAN SMITH SECURITY.
COY HQ AND CIS 2 1 W ILL CONDUCT BP FOR A LRP TO PANJWAYI. CIS 23 WILL
CO NDUCT 2 X CST PTL$ . FIRST W ILL BEioA
!i!iL~
EAi!!iiD~
EiRijE~N~G~A~G~E~M~E~N~T~I~N
SECOND PATROL TO !
CIS 23 W ILL ALSO CO NDUCT 1 X PRT ESCORT TO THE JGG IN
SP OF THE GAK CONFERENCE

CCOY:

C COY: CONTINUE WITH OP KETARA III. CIS 33 WILL CONDUCT

DISMOUNTE;;;D..
!!
P~R~E~S~E~N~CiiE~P~A~T.R~O~L~S~A~S~W
i!iE~L~LAS THE REeCE OF POSSIBLE • • • •
DIRECTLY WEST OF _
TH E PATR OL W ILL INCLUD E A CLEARANCE PATR OL OF TERRAIN
SURROUNDING NCOMING W ILL ACCOMPANY THE
PATROL. SPECIFICALLY. THEY WILL FOCUS ON POTENTIAL
AND ACTIVITY IN VICINITY OF THE W ITH A VIEW TO
CIS 31 WITH
CO MO W ILL CO NDUCT LEADER ENGAGE MENTS IN NAMELESS
V ILLAGE AND COM O
CEFCOM TO VISIT 25 APR 06

TUAV:
TUAV: GROUND CONTROL STATION (GCS) MAI NTENA. N !CI!I
E !!AiI!
N!II
D!!!I!~~._
RM TECHS IN LOCATION TO R E PAIR ~
POTENTIAL FOR NIGHT
FLY,;;IN
i iG
ii,.Pii
Oii
TiEiN.TIAL FOR LAUNCH lOT CONFIRM LOCALIZED
TO .
Logisti cs :

LAST 24 HRS: CO NDUCTED CO NVO Y TO FOB MARTELLO. PLANNING FOR

FUTURE SUSTAINMENT OPS
NEXT 72 HRS: SUPPLY CONVOY TO FOB MARTELLO (26 APR). CONVOYS TO
CAMP NATHAN SMITH (25 AND 26 APR). PROVIDE SP FOR RESUPPLY CONVOY TO
FOB ROBINSON (27 APR)

CO NSE Ass essment:

NO CRITICAL ISSUES AT THIS TIME. NSE PACE OF ACTIVITY REMAINS EXTREMELY HIGH
IN SP OF TF ORION OPS. AND FOB MARTELLO CONSTRUCTION

Support Issues:

LOG/MOV:

ANA Eqp t and Service Don ation : (No Ch ange)

No-cost donation of 1000 sets of old (olive drab) comba ts and old trag vests. Also a
donation of POL , rations and mise CSS woth $1 50K per rota. OM can approve donation.

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BN to CDS for info . File is with 0 Law Ops for revie w. CEFCOM has staff checked
avai labi lity of combat boots and IPE bags . Contrary to first indications, sufficient tan
desert boots do exist and CEFCOM intent is to include them in the donation. Staffing to
obtain CLS and ADM (Mat) sign-off is ongoing. Also, CLS does not support the donatio n
of IPE bags and for the moment, CEFCOM concurs. This may change based on Comd
CEFCOM vis it to TFA but if it does , IPE bag s will be staffed separately.

Timmy's (No change) :

PERS OPS :

CAMPAIGN AGAINST TERRORISM DETAINEE TRANSFER LOG :

J R ~ 'N' i

20 Jan 02 / Afghanistan 2Q Jan 02 -GENEV notified thru FAC 6 I.

May 02 2.
3.
4.
23-24 May 02 1 Afghanistan 24 M ay 02 -GENEV notified thm FAC 19 5.
J UlI 02 6.
7.
8.
13 Jut 02 1 Persian Gulf [4 Jul 02 -GENEV notified thm FAC 16 9.
JuI02 10.
17 Jut 02 / 1'crsian Gulf 11Jul 02 -GENEV notified tlU11FAC 18 II.
Jul02 12.
10 Jun 05 I No rth Arabian SCa II JUIl 05 -GENEV notified 14 Jun 05 13.
-[CRC notified 15 JWl 05

4 Scp 05 1 Afghanistan 10111 Sep 05 (sec -GENEV notified 12 Scp 05 14.

Detainees' info) -ICRC notified 13 Scp 05 15.
16.
9 Sep 05 1 Afghanistan 9 Sop 05 -GENEV notified 9 Sep 05 17.
-JCRC notified 12 Sc 05
24 Scp 05 1A fghan istan 27 Sep 05 -GENEV notified 28 Sep 05 18.
-ICRC di note 29 05
6 Dec 05 1 Afghanistan 6 Dec 05 -GENEV notified 8 Dec 05 19.
-[CRC di note 9 Dec 05
03 Mar 06 1 Afghanistan 4 Mar 06 -GENEV notified 6 Mar 06 20.
-JCRC advised 7 Mar 07
15 March 06 1 Afghanistan 15 Mar 06 -GENEV notified 20 Mar 06 21.
-JCRC notified 22 March 06
7 Apri! 06 1 Afghanistan 8 April 06 -GENEV notified 10 April 06 22.
-JCRC notified 19 A ril 06
7 Apri l 06 1 Afghan istan 8 April 06 -GENEV notified 10 April 06 23.
-JCRC notified 19 A Til 06
7 April 06 1 Afghan istan 8 April 06 -GENEV notified 10 April 06 24.
-JCRC notified 19 A Til 06
10 April 06 1 Afghanistan II April 06 -GENEV notified I I April 06 25.
-JCRC notified 19 A Til 06
22 Apr 06 24 Apr 06 26.
27.

C40PS & 10:

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ENGR OPS: NSTR

MP: NSTR

HSS:

Casualties

H-R of four soldiers wilt be repatriated on CC-150 CF Svc flight 3549, arriving at CFB
Trenton on 25 Apr at 1830 hrs local time , Apr 06. Mortuary Affairs are preparing H-R
for repatriation to Canada. 1 CAD through CEFCOM has confirmed that the H-R flight
details are unchanged. CC-150 CF Svc flight 3549 is therefore expected to arrive in
CFB Trenton at 1830 hours local time Tues 25 April with the remains of all four soldiers:
Lt Turner, Bdr Mansell, Cpl Payne and Cpl Dinning.

On arrival of H-R in Trenton on Tuesday, a ramp reception ceremony will be executed.

Mortuary Affairs/Coroner, McKinnon and Bowes, will take custody of the H-R and
move all under police escort to Toronto . H-R will typically be released for travel to final
destination and interment within 24-48 hrs. NOK will attend ramp ceremony as follows:

rll Capt fY1 II<eGrilis fromLFCAllaSlJeen in contact will,lfieAO for CPfDinning and will
forward info when it is available

AO's have determined tentative details on three of four funerals as follows:

(1) Funeral CDI Payne 01 May 1100 hrs , loc at ion Gananoque ON
(2) Funeral of It Turner 01 May 1400 hrs (It Turner's NOK has requested a civilian
funeral ). His funeral will be held in Erin ON.
(3) Funeral of Bdr Mansell Date/time TBC - Victoria BC (TBC).
(4) Funeral of CDI Dinning Date/time/location TBC . LFCA must coordinate with AO
Capt Jenner to determine this information and establish whether the NOK request
military support for a funeral. Cpl Dinning's home unit is listed as RCD.

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Additional Information on Dece ased

Age, Birthplace, Hometown, Children

Accident casu alties

Vehicle Acc ident

Cliff Fall

CANOSCOM TFA Equipment Update (Effective 21 Apr 06 )

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DOS MORNING BRIEF 24 APRIL 2006

Note : The DOS Mornin g brief is a compendium of information

derived from several sources including :
• Open source media
• NDCC Continental and International Issues
• The Afghan Daily and COl Morning Highlights
• TFA Week ly and Daily SITREPs
• 0 PK Pol Highlights

Media Interest:

PUBLICATION : Montreal Gazette

BYLINE : JIM FARRELL; JAM ES GORDON
Bere aved soldier s stand firm : Mourn loss of 4 Canadi ans . 'In appropri ate
tre atment' ma y have s purred bo m bin g, report suggests (One of many artic les
reporting on post in cident activities in TFA)

As rockets slammed into their base yesterday, Can adian s oldiers bowed their heads
durin g prayer serv ices remembering their four comrades killed in a roadside bombing a
day earlier. It was also a day of renewed determin ation on the part of about 2,300
Canadians troops in southern Afghanistan. Within hours of the deaths of the four
Cana dians Saturday, more than a dozen armoured vehicles left a nearby forward
operating base for the scene of the explosion to show the Afg hans that Canadians won 't
be deterred. "Their job is info-gathering and leader engage ment with local villagers," said
Major Kirk Gallinger of A Company, 1st Battalion Princess Patr icia's Canadian Light
Infantry. "We will put in a strong prese nce ."

One report suggested the bombing might have been organ ized by villagers angry ove r
"inappropriate treatment" during searches.

PUBLICATION : The Toronto Star

BYLINE: Bruce Cheadle
Media reports 'over th e top,' vets say ; Offici al mourning to be toned down Tories
signal a return to past protocol (One of a few art icles di scussing th e Half-masting
deb ate)

The Maple Leaf is not flying at half mast over Parliament Hill and Prime Minister Stephen
Harper is unlikely to travel to CFB Trenton, Ont., to meet the latest war dea d, as the
Conservative gove rnment return s to past protoco l in response to mountin g casualties in
Afg hanistan.

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Neither development is disrespectful, military analysts said yeste rday , and may in fact
help coo l what some seasoned soldiers are calling an ' ove r the top" media and public
reac tion to the inevitabl e wages of war.

PUBLICATION: The Provin ce

BYLINE : Jack Keating
Demonstrators want our troops out of Afgh anistan
Anti-wa r demonstrators ca lled for the immedi ate withdrawa l of Canadian troops from
Afg hanistan at a rally at the Vancouve r Art Gallery yesterday. Mobilization Aga inst War
and Occ upat ion also demanded an independent public inqui ry into Canada's expanding
military operations in Afghanistan. "We believe that most people do not support the
occ upation of Afghanistan," said MAWO co-chairman Sha nnon Bund ock . "And through a
publi c inqui ry we raise awareness and we put press ure on the Canadian governm ent . It
is up to us to start asking the hard questions about why is Canada in Afghanistan.

Continental Issues:

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International Issues :

O PERAT ION S EXTANT

SUBJ: CEFCO M HQ SITR EP/HMCS AT HA BASKAN/240700Z APR 06
AlS IG EVENTS LAST 24 HRS/SMALL BOAT RAC ES, W EIGHED ANCHO R, SA IL
PAST OF POLISH SHIP ORP GEN ERAL K. PULASKI, DEPARTED PLYMOUTH
OPAREAS, CO NDUCT ED INT ERNAL DR ILLS INCLUDING MAN OVERBOA RD
EXE RCISE, WATC H ON DECK EXE RCIS ES
BISI G EVENTS NEXT 24 HRS/SELF BOARDIN G, INTERNAL DRILLS
C/SI G EVE NTS BEYOND 24 HRSIINTERN AL DRILLS, PROCEED TO LI SBON ,
PORTUGAL ARRIVING 28 APR

AFGHA NISTA N

While en route from the

trave ling as part of a convoy was struck by an lED app roximately
he fo ur occupa nts of the veh icle died as a result of the attack. Th e
flight with the remains of the four indiv idua ls is due to arrive in Trenton 2522302 Apr 06.

There were two ROE applicatio ns that occ urred in the

andahar City over the weekend. There were no casualties in either event.

COl Morning Summary:

Key Points
• lED strike against CA c onvoy kUls four CA
soldiers . On 22 Apr 06, a TFA convoy of was travelling north of
when a LUVW struck an lED. (TFA.) • • •II)II!II
• Ro ck et attacks ~ by a
pr 06. There were to report. (TFA)

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CONTINENTAL

• NSTR

INTERNATIO NAL

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AFGHA NISTA N: TALI BAN CLA IMS RESPO NSIBILITY FOR ATIACKS (U)

(U) News sources report that a Taliban spokesman telep honed news agen cies to claim
responsibility for the roadside bom bing that killed four Canadian soldiers on 22 Apr . (08-
BBC)

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TFA Sitrep
TFA Weekly Not Available

Commanders Comments:
1. COMO COMMENTS: W IP VISIT GOING WELL. BFGS ON TFA SIGNIFICANT
INCIDENTS A ND HOW THE Y WERE HAN DLED I PROCESSED WERE WELL RECEIVED.
C OF C ACTIVELY MON ITOR ING SO LDIER MORA LE FOLLOWIN G THE SE INCIDE NTS
AND INITIAL INDICATI ONS AR E THAT T HEY ARE HA NDLIN G IT WELL
2.A. OVERVIEW:

Current Ops:
PRT Ops: NSTR

A COY:

5.A.(3)(A) A COY:_ SECURED THE GUMBAD PL HOUSE AND WITH CIS 13

CONDUCTED A SECURITY PTL FOR CIS Z99. CIS 6, 13 AN D 19 CONDUCT ED
LEADER ENGAGE MENT IVO 22 APR 06 RCIED - ONGOING AT TIME OF DSR.
CONSTRUCTION OF FOB MARTELLO CONTINUED

BCOY:

5.A.(3)(B) B COY: B COY CON DUCiiT"E~

D~E~S~C~O..R~T~Af!J
N D SECURITY TASKS _
~ COY HQ CONDUCTED A PATROL
CIS 23 CONDUCTED PATROLS TO THE_
NSTR

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CCOY:
5.A.(3)(C) C COY: _ C ONTINUED WITH OP KETARA III, CONDUCTING
TWO X DISMOUNTED CLEARANCE PATROLS AND A LEADER
ENGAGEMENT INSIDE THE FOB. ERE RETURNED TO KAF. SIRS
040 AND Q40A REFER. A LEADE R 0 BE CO NDUCTED AT _
WAS CANCELLED AND CO NDUCTED AT

THE
ELDER S D I S~HE RECENT APPREHENSION OF PERSONNE L FROM THEIR
VILLAGE ON _ _, SIRS TFA 040 , AND 04 0A REFER. THE ELDER S
REQUESTED THE RELEASE OF CIS 31 EXPLAINED THAT THIS
OPTION WAS NOT FEASIBLE AS THE PERS HAD FOR HAVING
HANDLED. ELDERS REQUES.TjE~ D~T~H!A~T~IF~F~U!T~U~R~E!SijE[iiJ!R
A !C.HjEiS~A~R~E~T~O~B~E~.I
CONDUCTED IN THEIR V I LLAG E , ,~
THIS WAS A POSITIVE MEETIN G WITH THE ELDERS EXPRESSING
APPRECIATION THAT THERE WAS AN ESTABLISHED PROCED URE THAT NEEDED TO
BE FOLLOWED . CQMD$ NOTE : NO CO NCERN WAS EXPRE SSED BY VILLAG E ELDER S
QNOUCTED A CLEARANCE PAT ROL

FROM
AT CIS G13 NOTED A MAN CARRYING A WEAPON. THIS
IND ERS GOT INTO A WHITE ~E TRUCK WAS
STOPPED, AND SEARCHED, BUT NO WPN FOUND,_ ASSETS INDICATE
THAT W ITHIN THE NEXT FEW DAYS 100 TO 150 PLUS ANA SOLDIERS WILL
DEPART lOT CONDUCT POPPY
ERADICATION . COM DS NOTE :

A PERSONAL WEAPON (C7) WAS DISCHARGED WHEN

PERS WAS MOUNTING THE BACK DOOR OF AN RG-3 1. THE ROUND RICOCHET ED
INSIDE OF VEHICLE CAUSING THREE MINOR SHRAPNEL WOUNDS TO THE
INDIVIDUAL. NO OTHER PERS WERE IN THE VEH. THE CASUALTY WAS TREATED
AT THE SCENE AND RETURNED TO DUTY, THE VEHICLE WAS IMMEDIATELY
GROUNDED FOR A SERV ICEABILITY ASS ESSMENT BY MECHANICS. ALTHO UGH THE
VEHICLE HAS BEEN DEEMED OPERATIONAL, SOM E SHRAPNEL HIT
WHICH NO LONGER FUNCTIONS. INVESTIGAT ION IS ONGO ING

ABTY:

5,A,(3)(F) A BTY: G1A OCCUPIED

G1A FIRED A

11 FD SQN:

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PAO :

5.A.(7) PAO: SIGNIFICANT PA EFFORT WRT GUMBAD RCIED OF 22 APR 06

STR IKE. MEDIA AVA IlABILITIES W ITH BGEN FRASER AND COL PUTI, FOLLOWED
BY NUMEROUS SUPPLEMENTAL INTERVIEWS WITH TFA PA STAFF. CBC, GLOBAL,
CANWEST , AND GLOBE AND MAIL RETURNED TO KAF lOT COVER THESE EVENTS.
RICHAR D FITOUSSI WAS EMBEDDED WITH THE UNIT THAT WAS STRUCK BY THE
RCIED .

TUAV :

~(l ) TUAV: INVESTIGAT ION OF

_ COALITION FORCE FLIGHT SAFETY AND MANUFACTURER. GRO UND A ND AIR
VEHICLE MAINT

Next 72 hrs :
PRTOps:

5.B.(2) PRT O PS: PRT W ILL SUPPORT THE SO UTHERN REGION GOVE RNORS
CONFERENCE TO BE HELD AT THE GOVERNORS PAlACE
COMD , CSM PRT, AND PRT PAO WILL ATIEND

A COY :

5.B.(3)(A) A COY: WILL CONDUCT SECURITY OF FOB MARTELLO AND

CLEARANCE PATROLS Iv a

BCOY :

5.8 .(3)(8) B COY: WILL CONT INUE WIT H ESCORT TASKS A ND PTLS IN
KANDAHAR , LIAISON TASKS AT THE ~ND CAM P NATHAN SM ITH SECURITY.
COY HQ AND CIS 2 1 W ILL CONDUCT BP FOR A LRP TO PANJWAYI A ND MAYWA ND.
CIS 23 WILL CONDUCT 2 X CST PT L$ . FIRST WILL BE A LEADER ENGAGEMEN T
IN DESIRED EFFE CT IS TO ACHIEVE
INCREASED AWAR ENESS OF AS WELL AS AN
INCREASE IN COALITION FORCE INFLUENCE IN THE VILlAGE. SECO ND PATROL
TO DESIRED EFFECT IS
TO ACHIEVE INCREASE AWARENESS OF INSURGENT ACT IVITY A ND CONT INUED
SECURITY _ WILL
ALSO CONDUCT 1 X CSS ESCORT TO

CCOY :

5.B.(3)(C) C COY : WILL CONDUCT POST OP MAlNT AND BP FOR FUTURE

-
OPERATIONS IN VICINITY OF FOB ROBINSON, POTENTIALLY WITH N EW ~

TUAV :

~ROUND CONTRO L STATION (GCS) MAINTEN AN CE A ND

_ _ _ _ RM TECHS IN LOCATION TO REPAI R WITHOUT

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PREP IN ANTICIPATION OF CIS 1 MISSION

STARTING 1500Z.

Logistics :

NSTR

o PK Pol Notes:

Support Issues:
•
LOG/MOV:

ANA Eqpt and Service Don ation: (No Ch ange)

No-cost donation of 1000 sets of old (olive drab) combats and old trag vests. Also a
donation of PO L, rations and mise CSS wo th $1 50K per rota . OM can approve donation .
BN to C DS for info. File is w ith 0 Law Op s for review . CEFCO M has staff checke d
availability of co mbat boo ts and IP E bags. Con trary to first ind ication s, sufficient tan
desert boo ts do exis t and CEFCOM inte nt is to include them in the don ation . Sta ffi ng to
obtain CLS and AD M(Ma t) sign-off is ongoi ng. Also, CLS doe s not support the don ation
of IPE bags and for the mom ent, CEFCO M concurs. Th is may change bas ed on Co md
CEFCO M vis it to TFA but if it does, IPE bags will be staffe d se para te ly.

Timmy's (No ch ang e):

PERS OPS :

CAMPAIGN AGAINST TERRORISM DETAINEE TRANSFER LOG :

Oat&/locri bf
urEi
20 Jan 02 1 Afg hanistan 20 Jan 02 -GENEV no tified thru FAC 6 I.
May 02 2.
3.
4.
2 3-24 May 021 Afghanistan 24 May 0 2 -G ENEV not ified thru FAC 19 5.
l W102 6.
7.
8.
13 J ut 02 1 Persian Gu lf 14 Jul 02 -GENEV not ified thru FAC 16 9.
l ui 0 2 10.
17 J ul 02 1 Persian Gu lf 11 J nl 02 -GENEV notified thm FAC 18 II.
lui 02 12.
10 J Wl 05 1 No rth Arabian Sea IIlun05 -GE NEV notified 14 l un 0 5 13.
-ICRC notified 15 J un 05

4 Scp 05 1 Afghanistan 10111 Scp 0 5 (see -G ENEV no tified 12 Scp 0 5 14.

Detainees' info -JCRC notified 13 Sc 05 15.

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16.
9 Scp 05 1Afghanistan 9 Scp 05 -GENEV notified 9 Sep 05 17.
-rcac notified 12 Sc 05
24 Scp 05 1 Afghani stan 27 Scp 05 -GENEV notified 28 Scp 05 IS
.icac di note 29 . 05
6 Dec 05 I Afghani stan 6 IJcc 05 -GENEV notified 8 nee 05 19.
-[CRedi note 9 Dec 05
03 Mar 06 1 Afghanistan 4 Mar 06 -GENEV notified 6 Mar 06 20.
-[eRe advised 7 Mar 07
15 March 06 1 Afghani stan 15 Mar 06 -GENEV notified 20 M ar 06 21.
-JeRe notified 22 March 06
7 Apri l 06 1 Afghani stan 8 Apri l 06 -GENEV notified 10 April 06 22.
-tcsc notified (TOe
7 Apri l 06 1 Afghani stan 8 Apri l 06 -G ENEV notified 10 April 06 23.
-rcsc notified (TOe
7 April 06 1 Afghanistan 8 April 06 -GENEV notified 10 April 06 24.
-rcac notified BC
10 April 06 1 Afghanistan II April 06 -GENEV notified II April 6 25.
-rcac notified (TBe
22 Apr 06 24 Apr 06 26.
27.

ENGR OPS: NSTR

MP: NSTR

HSS:

Repatri ation of H-R- Arrival time for H-R is forecasted for 25 1830L Apr 06, but subject
to change;

a. Lt Turner . Lt Turner will be repatriated to Trenton, CA , via CF

assets, SF3549 . Arrival is estimated for 251830 (local t ime).
LFCA will be the lead for the arrival ceremo nies. LFWA will take
over respon sibilities for supporting family's wishes for rece ption and
interment at final destina tion .

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b. Cpl Payne. Cpl Payne will be repatriated to Trenton, CA, via CF

assets, SF3549. Arrival is estimated for 251830 (local tim e),
LFCA will be lead for arrival ceremonies. LFWA will take over
responsibilities for supporting fam il y's wishes for reception and
interment at final destination .

c. Col Dinning. Cpl Dinning will be repatriated to Trenton, CA, via CF

assets, SF3549. Arrival is estimated for 251830 (local time).
LFCA will be lead for arrival ceremonies. LFCA will take over
responsibilities for supporting famil y's wishes for reception and
interment at final destination

d. Bdr Mansell. Bdr Mansell will be repatriated to Trenton, CA, via CF

assets, SF3549. Arrival is estimated for 25 1830 (local time).
LFCA will be lead for arrival ceremonies. LFWA will take over
responsibilities for supporting famil y's wishes for reception and
interm ent at final destination

e. Timelines

(1) Arrival time for H-R is forecasted for 25 1830L Apr 06, but
subject to change;

(2) Final timing to be confirmed with J4 Mov through 1 CAD Air

Tasking Order;

(3) Repatriation flight SF3549 details, as provided by 1 Cdn Air

Div HQ are as follows :

(a) Depart Trenton 222300 Z;

(b) A rrive Zagreb 23 0800 Z;

(c) Depart Zagreb 24 0530 Z;

(d) Arrive Camp Mirage 24 11 45 Z;

(e) Depart Camp Mirage 25 0545 Z;

(I) Arrive Zagreb 25 1100Z;

(g) Depart Zagreb 25 1230 Z; and

(b) Arrive Trenton 252230 Z.

Accid ent casu alty

Cpl Buchanan to arrive at LRMC Sunday, 23 Apr (1205Z)

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CANOSCOM TFA Equipment Update {Effect ive 21 Apr 06)

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DOS MORNING BRIEF 26 APRIL 2006

Note : Th e DOS Mornin g brief is a co mpe ndium of inform ation

de rive d from seve ral sources includ ing :
• Open source media
• JCS Conti nental and Intern ational Issues
• COl Morning Summary
• TF A Weekly and Daily SITREPs
• 0 PK Pol Highlights

Media Interest:

Harper defends ba n on im ages of coffi ns

National Post, Mike Blanchfield (One of many articles on thi s subject)
OnAWA - The Con serva tive govern men t vigo rously defend ed its decision to block
public images of Canadian wa r casualties arriving at Canadian Forces Base Trenton in
O ntario, insistin g yes terday the privacy of relatives gree ting the returning coffins trum ped
the right of medi a to record th eir arrival. "It is not abou t pho to ops and me dia coverage. It
is about what is in the best interest of the families,"

MPs , sold iers ' f amilies lash ou t; Ch anges 'i ns ul t' to war dead
Th e Hamilton Spectat or, Jenn ifer Ditchburn (One of many art icles on this subjec t)
Relatives of so ldiers killed in Afghanis tan are reacting w ith di sm ay to cha nges by the
new Co nservative governme nt in the way Ca nada's wa r dead are comme morated - -
changes made w ithou t the input of milita ry fam ilies.
Famili es, military officials, op pos ition parties and eve n some Tory M Ps criticized a
decision to ban journ alists from covering a repatriation cere mony for fallen so ldiers
return ing to Canad ian so il. Many are also unh appy th at flags on Parliam ent Hill w ill no
longer be lowered to half-mast w hen a soldie r is killed in the line of duty.

NATO chief w arns of higher casualt ies

Th e Hamilton Spectator, Paul A mes
Governments in NATO countries mu st prepar e publi c op inion for the risk of more
cas ualties in Afgha nista n as their troops move into the vola tile sou thern region in an
expa nding sec urity mission , the alliance's sec retary ge neral wa rned yes terday.
"It is a dangerou s mission , but NATO cannot afford to fail," Jaap de Hoop Scheffer told a
news conference. "Rea lism de mands that th ere w ill be more incidents, ther e wi ll be more
cas ualties , but NATO w ill stand firm ."

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o PK Pol Notes:

Afghanistan

DPK Pol is coo rdinating an interdepartmental meeting on 3 May 2006 to discu ss the
SAT-A TOR s. A DND/CF meeting is being planne d for 28 Apr il to unify the DND/CF
position on this issue.

Detainees

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_ detainees were apprehended on 2006 in Afghanistan and transferred to the

Afghan NOS on 2006. Geneva was notified on 2006 and will notify the
le RG as required.

Joint Command System:

Continental Issues

International Issues

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Operation Sextant:
HMCS Athabaskan co nducted routine training en route to Lisbon Po, ETA 28 April. She
will conduct a RAS tomorrow .

Afghanistan

ROE Application

At 26 0504Z Apr 06 at Gr a ROE application occured when a civilian

veh approached a road block set up during the recovery of the abandoned MSG veh.
Th e civilian ve h failed t
I he veh then stopped. No damage or
injuri es resulted from this ROE App lica tion. (T FA SIR 044 2006~ RO E Applica tion)

iii!~~~D u rin g recovery of the vehicle, a civilian vehicle approached a road block at
260504Z Apr 06 and failed to respond
T he ve hicle then
stopped, and there was no damage or inju ries as a result. (T FA)

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AFGHANISTAN
• President Kanai's new Cabinet continues to change. The n

CONTINENTAL

• NSTR

INTERNATIONAL

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OTHER COl PRODUCTS

•
SELECTED FOREIGN I OPEN SOURCE REPORTING

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TFA Sitrep

Commanders Comments:
W IP DEPARTED KAF TODAY A ND VISIT WENT WELL. TFA WILL BE FOCUSED FOR THE
UPCO MING 72 HRS ON PREPAR ING COM D$ PLANN ING GUID ANCE FOR TF-306 AND ON
THE OMLT CONOPS. ROUTINE OPERATIONS OTHERWISE - NSTR

Current Ops:
PRTOps:
VISIT OF COMD CEFCOM TO PRT. COMD CEFCOM WAS MET BY
COMD PRT, THE ALL GOVERNMENT TEAM (AOG), AND DCO TF ORION. ALL
DISCUSSED PRT OPERAT IONS AND THE WAY FORWA RD ON SECURITY SECTOR
REFORM . COMO PRT , MAJ SAJJAN , AND PRT PAO ATTENDED A DINNER AT THE
HOUSE OF 0
AFGHAN PRESIDENT KARZAI. COMD RC (S) AND GOVERNOR ASSADULLAH KHALID
ALSO ATTENDED THIS DINNER. COMD PRT, MAJ SAJJAN, AND THE PRT PAO
ATTENDED THE GOVERNORS CONFERENCE AT THE GOVERNORS PALACE

A COY:
CONDUCTED 2 X LEADE.R!i!EIIN~
G~A:GEMENTS, THE FI RST:!~'N!!!~i!!Ii""!I!!!"'!!!!!I
~ AND THE SECOND IN
i~
0 ND
~UiC
~T~E~D~.A LEADER ENGAGEMENT IN THE VILLAGE
CIS 6 SPOKE WITH TWO LOCAL

THEY ALSO
CLAIMED THAT THE T8 TOOK FROM THE VILLAGE OF! !! !!!!
BECAUSE HE COLLABORATED WITH COALITION FORCES. VILLAG E ELDE RS WERE
ABLE TO RETRIE VE FROM THE TB . CIS 6 STATED THAT All THE
VILLAGERS THE Y SPOKE TO WERE SUPP ORTIVE OF THE COA LITION EFFORT. CIS
69 INFORMED THE VILLAGERS, THAT IF THEY WERE TO MAKE A DIFFERENCE
THEY WOULD HAVE TO START TAKING ACTION AGAINST THOSE THAT WORK
AGAINST THE GOVERNMENT BY REPORTING TH ITIES.
CIS 13 CONDUCTED A LEADER ENGAGEMENT IN NO
DETAILS AVAILABLE AT TIME OF DSR. CIS E4 CONDUC TED IMPROVEMENTS TO
THE MAIN PA D OF FOB MARTELLO. ALL HEAVY EQUIPMEN T PIECES AR E WOR KING
LESS THE EXCAVATO R. CONSTR UCT ION OF THE HESCO ON THE WEST WA LL BEGAN

BCOY :
CONDUCTED ESCORT AND SECURITY TASKS WITHIN
KANDAHAR, TH E~ AM P NATHAN SMITH. COY HQ AND CIS 21 CONDUCTED
,;~B~P~F~O~R~A~LR~P~TcJ"Ilmmy~~! I. CIS 23 CONDUCTED 1 X CBT PTL TO THE
(APPROX , AND 2 X PRT ESCORT
TASKS TO THE JCC IN SP OF THE GAK CO NFERENCE

CCOY :

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CONTINUED WITH OP KETARA , CONDUCTED 1 X

PRESENCE PATROL IVO FOB ROBINSON (_ 2 X LEADER
ENGAGEMENTS AND HOSTED A VISIT BY ~. AND
MEMBERS FROM COMPLiiiE!Ti
EiD ~A,P~R!E!SjE~NC
iE PATROL IVO FOB
ROBINSON AND A RECCE OF A POSSIBLE,'l!
ACROSS THE DIRECTLY WEST OF NSTR.
CIS 31 AND 9SE CO NDUCTED 2 X LEADER ENGAGE ME NTS IN THE AREA O F GR
~ UNKN OWN VILLAG E) AND THE VILLAG E OF
_ _ <ONGOING AT TIME OF DSR). COMO CEFCOM WAS BRIEFED BY CIS 29
ON PAST, CURRENT, AND FUTURE OPERATIONS OF C COY WHILE AT FOB
ROBINSON. FOLLOWING THE BRIEF COMO CEFCOM ADD

TUAV:
TUAV: 1 X MISSION IN SP OF
NST R

Next 72 hrs:
PRTOps:
COMO PRT A ND THE ALL-DF-GOVER NM ENT (ADG) TEA M W ILL
HOST A DINNER AT CAMP NATHAN SMITH. THE AFGHAN MINISTRY OF FOREIGN
AFFAIRS (MFA) REP AND COMO RC (S) ARE EXPECTED TO ATTEND WITH
MEMBERS OF THEIR STAFFS AND REPRESENTATIVES FROM THE UN AND OTHER
ORGAN IZA TIONS

A COY:
~P WILL RIP WITH_ GP AND ASSUME
FO RCE PROTE CTION A ND DEFEN CE OF FOB MARTELLO '!I!I!!!!!I~!!I!~!!!!~
CIS 13 WILL CONDUCT DISMOUNTED PATROLS IN THE MO~U~N~T~A~
I N~S~S
~U!R
~R~O
~UND I NG
THE FOB THAT COULD BE U SED AS AN~
S ITE FOR TK ROA D. CIS E4 W ILL CO NTINU E W ITH DEVELO PMENT OF THE MA IN
PA D AND CO NTINUE WITH THE PLACE MENT OF THE HESGO ON THE WEST WA LL OF
FO B MAR TELLO

BCOY:
W ILL CO NTI NUE W ITH ESCORT TASKS AND PTLS IN
KANDAHAR, LIAISON TASKS AT THE_ AND CAMP NATHAN SMITH SECURITY.
COY HQ AND CIS 21 WILL CONDUCT BP FOR A LRP TO PANJWAYI. CIS 23 WILL
CONDUCT 1 X CBT PTL TO ANP AND
CO NDUC T 1 X PRT ESCORT TO THE _ SE CU RITY MEETING . PTL COM DS AND
PTL 21CS W ILL CO NDUCT TRG ON DEV ELO PING LOCAL NATI ONAL INFORMAT ION
SO URC ES AND ESTABLI SH ING CON TACTS AT CAM P NATH AN SM ITH

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CCOY:
CO NTINUE WIT H OP KETARA III. CIS 3 TO BRIEF MGEN
FREAKLEY O N CANADIAN ACTIVITIES IN THIS AREA. PRESENTAT ION WI;LL!!!!Ii!!•
I~
N~C~LU~D~E~LAV III FIREPOWER DEMONSTRATION AT RUINS LOCAT ED AT ~
• REMA INDER WILL CONDUC T V EHICLE A ND WEAPONS MAINT ENANC E
IN ANT ICIPATION OF FUTURE OPERAT IONS. BOTH THE O UIi T.G.OIiiIN
IiiG
.
_ REO _ ESCORT FOR T HEIR DEPARTURES FROM

TUAV:
GROU ND CONTROL STATION (GCS) MAINT ENANCE ANiiD~~!!Ii!!!!i!!II• •
RM TECHS IN LOCATION TO R EPAIR~
POTENTIAL FOR NIGHT
FLYING. MISSION AT 0130Z lOT PROVIDE

Logistics :

CO NSE ASS ESSM ENT : NO CR IT ICAL ISSUES AT THIS TIM E. NSE PACE OF
ACTIVITY REMA INS EXT REMELY HIGH IN SP OF TF OR ION OPS, AND FOB
MARTELLO CONSTRUCTION

Support Issues:

LOG/MOV:

ANA Eqpt and Service Donation:

No-cost donation of 1000 sets of old (olive drab) combats and old trag vests. Also a
donation of POL, rations and mise CBS woth $150K per rota. Combat boots have been
added to the list. D Law Ops has reviewed the file and provided comments. File to be
amended and forwarded for approva l at DM and MND level.

Timmy's (No ch an ge):

PERS OPS :

CAMPAIGN AGAINST TERRORISM DETAINEE TRANSFER LOG :

08 tLooO' Delain ,<

lOre
20 Jan 02 / Afghan istan 20 Jan 02 I.
2.
3.
4.
23 -24 May 02 / A fghanistan 24 May 0 2 -GEN EV notified thru FAC 19 5.
Jun 02 6.
7.
8.
13 J ul 0 2 / Persian Gulf 14 Jul 02 -GENEV notified thm FAC 16 9.
Jul02 10.
17 Jul 0 2 / Persian Gulf 17 Jul 02 -GENEV not ified thru FAC 18 II.
Jul 02 12.
10 J Wl 05 t North Arabian SCa II Jun05 -GENEVnOlificd 14 Jun05 13.
-[CRe notified 15 Ju n05

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4 Scp 05 1 Afghanistan 10111 Sep 05 (see -GENEV notified 12 Scp 05 14.

Detainees' info) -JeR e not ified 13 Scp 05 15.
16.
9 Sep 05 1 Afghanistan 9 Scp 05 ..(JENEV notified 9 Sep 05 17.
-rcac noti fied 12 Sc 05
24 Scp 05 1 A fghanistan 27 Scp OS ·GENEV notified 28 Scp 05 18.
-ICRC di note 29 Sc 05
6 Dec 05 I Afghanistan 6 Dec 05 -GENEV notified 8 Dec 05 19.
-ICRCd i note 9 Dec 05
03 Mar 06 / Afghanistan 4 Mar 06 -GENEV notified 6 Mar 06 20.
-JeRe advised 7 Mar 07
15 March 06 1Afghanistan 15 Mar 06 -GENE V notified 20 M ar 06 2t.
-rcac not ified 22 March 06
7 April 06 1 Afghan istan 8 April 06 ·GEN EV notified 10 Apr il 06 22.
-[e Re notified 19 A ti l 06
7 Apri l 06 f A fghanistan 8 April 06 -GEN EV notified 10 April 06 23.
-rcnc notified 19 A ril 06
7 April 06 1 Afghanista n 8 April 06 -GENEV notified to April 06 24.
-rcnc notified 19 A ril 06
10 April 06 / Afgha nistan II April 06 -GENEV notified I I April 06 25.
-JCRC notified 19 A Ti l 06
22 Apr 06 24 Apr06 -GENEV notified 24 April 06 26.
27.

C40PS & 10:

ENGR OPS:

MP: NSTR

HSS:

Casualties

AD's have determined tentati ve detail s on three of four funer als as follows:

(I ) Funeral Cpl Pavne 01 May 1100 hrs , location Ga nanoq ue ON

(2) Funeral of Lt T ur ner 01 May 1400 hrs (Lt Turner's NOK has requested a civilian
funeral). His funeral will be held in Erin ON.

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(3) Funeral of Bdr Ma nse ll Date/time THe - Victoria BC (T He).

(4) Funeral orepl Dinning Date/time/location THC . LFCA must coordinate with AO
Capt Jenner to determin e this informa tion and establish whether the NOK request
military support for a funeral. Cpl Dinn ing's home unit is listed as ReO .

Add itio na l Information on Deceased

Age, Birthp lace, Hometown, Children

Accide nt cas ualties

NSTR

CANOSCOM TFA Equipment Update (Effective 21 Apr 06)

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DOS MORNING BRIEF 27 APRIL 2006

Note: The DOS Mornin g brief is a compendium of information

derived from several sources including:
• Open source media
• JCS Conti nental and International Issues
• COl Morning Summary
• TFA Week ly and Daily SITREPs
• 0 PK Pol Highlights

Media Interest:

Harper takes a pounding over w ar-dead ce remo ny (One of many articles on this
subject)
Winnipeg Free Press, Bruce Cheadle
Even conserva tive stalwarts agree Stephen Harper's government
has blund ered into a minefield largely of its own making. The public pounding the
Conserva tives are taking over their treatment of returning war dead shows the perils of
taking message management too far, a couple of long-time Tories said yesterday. The
decision to bar public access -- via the news media -- to the repatriation ceremony for
four soldiers killed in Afghan istan followed hard on the heels of a new gove rnment
protocol that kept the Maple Leaf at full mast on Parliament Hill this week .
The changes had a three-fold purpose : to honour all Canada's milita ry fatalities equally;
to protect the privacy of grieving military famili es; and to generally lower the public
temperatur e on the Afghanistan mission's human cost.

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D PK Pol Notes:

•
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DPK Pol is coordinating an interdepartm ental meeting on 3 May 2006 to discuss the
SAT-A TOR s. A DND/CF meeting is being plann ed for 28 April to unify the DND/CF
position on this issue. The SAT-A issue is now on the agenda of the 2 May 2006 working
level meeting on Afg hanistan being hosted by DFAIT.

Joint Command System :

Continen tal Issues

Nov. \ 4,2007 EV.DND.0004.0076 3 of 17

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International Issues

TFA - ROE Applic ations 25 - 26 Ap ril

On 26 1151ZApr06, at approximately _ of .
els 3 1A fired to persuade a vehicle to
id e was approaching a roadblock and had failed _ _ _ _
the ve hicle compl ied. ~
report ed

we re fired.

At 26 0504Z Apr 06 at a ROE application occurred when a

civilian ve h approac hed a roadblock set up during the recovery of the aban do ned MSG
ve h. The civilian ve h failed to respond to

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AFGHANISTAN

Source:

Source.

Source:

Source.

CONTINENTAL

• NSTR

INTERNATIONAL

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OTHER COl PRODUCTS

• NSTR

SELECTED FOREIGN I OPEN SOURCE REPORTING

• Terrorism : AI-Zarqaw;'s New Video (U) On 25 Apr 06 that a known Islamic

website has posted a video message from Abu Musab al-Zarqa wi. This videotape is
a firs t for al-Zarqawi who appeared in the video unmasked. (OS-BBC)

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TFA Sitrep

Commanders Comments: BOi lS PROGRESSING WELL. TFA WILL

INVESTIGATE ROE APPLICATION WRT SIR 045

Current Ops:
PRT Ops: COMD PRT, AN D MAJ SAJJAN, ATTENDED THE SOUTHERN REGION
GOVERNORS CONFERENCE HELD AT THE GOVERNORS PALACE
_ 25 AP R 06. THE GOVERNORS OF ZABUL, HELMAND, URUZGAN, DAY
KUND I, AND KANDAHAR PROVINCES ATTENDED, TOGETHE R WITH THE IR PRT
COMMANDERS AND CLOSE ADVISORS. COMD PRT BRIEFED THE GOVERNORS
OF HELMAND, AN D ORUZGAN ON THE PROVINCIAL DEVELOP MENT COMM ITTEE
(PDC), THE _ WHICH WILL BE TRIALED IN KANDAHAR PROV INCE, AND
THE CONFIDENCE IN GOVERNMENT (CIG) PROGRAM. AN EXPANDE D DISTRICT
SHURA HAS BEEN ORGANIZED IN THE REGION 6-8 MAY 06 TO
DISCUSS THE CIG PROGRAM. THIS EXPAN DED SHURA WAS ORGANIZED AS A
RESULT OF A HIGHLY SUCC ESSFUL CIG CO NTACT GROUP MEETING HELD 25
APR 06 AT WHICH THE CIG PROGRAM WAS INTRODU CED TO DISTRICT
COUNCILS FROM THE HIS SHURA WILL SEE
BETWEEN 150 AND 200 SHURA MEMBERS FOR THE DISTRICT IN ATTENDANCE,
IN ADDITION TO THE PROVINCIAL GOV ERNOR AN D A CONTACT GROUP THAT
INCLUDES PROVINCIAL COUNCIL MEMBERS A ND PROVINCIAL DIRECTO RS.
COALITION PARTI CIPATION IS NOT ANTICIPATED. THIS SHURA WILL DECIDE
HOW TO DIVIDE SOM E 900 K (USD) IN CIDA FUNDIN G, CONTINGENT UPON
SECURITY GUA RANTEES FOR THE PROJE CTS UNDERTAK EN. PART OF THE CIG
INITIAT IVE IS ENSUR ING PARTI CIPATION OF THE TAR GET AU DIENCE - THE

• • ;y, •
FACILITATED BY THE PRT PAO ATTENDED THE AN P GRADUATIO N CEREMONY
AN D INTERVIEWED THE ANP MEMBERS. MEMBERS OF THE PRT CIVPOL DET
PARTICIPATED IN A B COY PAT ROL TO SUBSTATIONS A NEWS
CONFERENCE TOOK PLACE AT THE GOVERN ORS PALACE
GOVERNORS IN ATTENDANC E WERE MR ASADULLAH KHALID (KANDAHAR), MR
DAUD (HELMA ND), MR DILBAR JAN ARMAN (ZABU L), M R ABDUL HAKIM MUNIB
(URUZGAN), AND MR. JA N MUHAMAD AK BARI (DAIKUNDI). THE MAIN SUBJECTS
WERE SECURITY, RECONSTRUCTION, AND UNITY OF EFFORTS. MOST
QUESTIONS WERE ABOUT POPPY ERADICATION. GOVERNOR ASSA DULLAH
KHALID EXPLAINED THAT THE ERADICATION WORK WAS CO NDUCTED BY
AN P/A NA AN D THAT COA LITION FORCES WERE NOT INVOLVED . COMD CJTF 76,
ALSO ADDRESSED THE MEDIA. MEDIA IN ATTENDANC E INCLUDED : VOICE OF
AMERICA, ARMAN RADIO/CTV, KANDAHAR TV/RADIO, AFGHAN INDEPEN DENT
RAD IO (PERSIAN AN D DARI ), REUTERS, ASSOCIATED PRESS, PAJWAK AGENCY,
TOLO TV, ARIANA TV, BAKHTA R AGENCY, CBC , CANWEST, AND NEW YO RK

SECRET
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TIMES. NEWS RELEASE PRODUCED BY TF AEGIS ABOUT EVENTS IN MIANAS HIN

DISTRICT WAS DISTRIB UTED TO LOCAL MEDIA

A COY , CONDUCTED PATROLS IVO THE GUMBAD PL HOUSE

&
O B MARTELLO
CIS 11 CONDUCTED DISMOUNTED PATRO LS AROUND THE
IVO THE GUMBAD PL HOUSE AND
12B OBSERVED THREE INDIVIDUALS MOVING OF
APPROXIMATELY. METRES FROM THEIR POSITION. THE
THREE INDIVIDUALS WERE MOVING IN WHAT APPEARED TO BE
NCE THE LEAD PERS CONFIRMED THAT THE AREA WAS
CLEAR HE GESTURED FOR THE OTHER TWO X PERS TO APPROACH. THE LAST
TWO INDIVIDUA LS WERE CARRYING CIS 12B FIRED
ILLUMINATION - QTY NOT KNOWN AT TIME
O F DSR). A DISMOUNTED PATROL SWEPT THE AREA, BUT INDIVIDUALS NOT
FOUND .

OF THE FOB THAT PROVIDES

_ CIS 1 WILL
TO FURTHER STRESS THE IMPORTANCE OF THE VILLAGERS TO
REMAIN OF F THE MOUNTAIN FEATURE S AND AWAY FROM THE FOB AT NIGHT.
CIS 13 CONDUCTED A PTL TO lOT V ERIFY
REPORT S FROM THE _THAT THE ANP STATION HAD BEEN
ATIACK ED BY 400 TALIBAN. CIS 13 CONFIRMED THAT THERE HAD BEEN A
FIREFIGHT AT THE LOCATION HAVING FOUND CASINGS AND BLOOD TRAILS.
CIS 13 ESTIMATES STRENGTH WAS MORE LIKELY

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B COY: CONDUCTED ESCORT AND SECURITY TASKS WITHIN KANDAHAR, THE

_ CAMP NATHAN SMITH. COY HQ AND CIS 21 COMPLETED BP FOR A LRP
TO PANJWAYI. PTL COMDS AND PTL 21CS
AND ESTABLISHING CONTACTS AT
CAMP NATHAN SMITH. CIS 23 CONDUCTED 1 X CBT PTL TO ANP _
AND CONDUCTED 1 X PRT ESCORT TO THE _
MEETING. AT CIS 23 DISCOVERED A CACHE OF UNUSED AND
NON-SERVICEABLE RPG ROUNDS (QTY UNKNOWN AT TIME OF DSR). ANP
COMD REPORTED THAT HE INTENDED TO DISPOSE OF THE RDS, BUT HAD YET
TO DO SO. ALL ROUNDS WERE BROUGHT BACK TO CAMP NATHAN SMITH lOT
BE DISPOSED OF BY EOD ASSETS

C COY: _CONTINUED WITH OP KETARA, CONDUCTING 2 X LEADER

ENGAGEMENTS. THE FIRST IN THE AREA OF (UNKNOWN
VILLAGE). SECOND IN BRIEFED MGEN FREAKLY AND
COL KNEGGS ON C COY OPERATIONS. CONDUCTED 1 X SECURITY ESCORT.
CONDUCTED THE 2 X LEADER ENGAGEMENTS IN THE AREA OF
(UNKNOWN VILLAGE) AND AREA
OF IS NOT A VILLAGE BUT A CULTIVATED AREA WITH SEVERAL
FARMHOUSES. CIS 31 AND 95E SPOKE WITH THE FOREMAN AT ONE FARM,
RECEPTION WAS VERY CORDIAL - NSTR. THE SECOND LEADER ENGAGEMENT
CONDUCTED AT_ RECEPTION AGAIN CORDIAL AND VILLAGERS VERY
COOPERATIVE. PATROL REINFORCED COALITION FORCES FREEDOM OF
MOVEMENT WHILE ALSO DELIVERING KEY MESSAGES. THE EFFECT ACHIEVED
WAS TO INCREASING
SECURITY THROUGH PRESENCE. ADDITIONALLY VALUABLE INROADS WERE
MADE WITH THE LOCAL POPULATION IN TERMS OF ESTABLISHING TRUST AND
MUTUAL COOPERATION. IT IS IMPORTANT TO NOTE THAT SUBSEQUENT VISITS
TO VILLAGES HAVE ROUTINELY BEEN MET WITH FRIENDLIER RECEPTION AND
MORE OPEN DIALOGUE . PREPARATIONS FOR THE RIP BETWEEN CIS 31 AND 32
ARE ONGOING

TUAV: 1 X MISSION IN SP OF - NSTR

Next 72 hrs:
PRT Ope: COMD PRT AND THE ALL-OF-GOVERNMENT (AOG) T
DINNER AT CAMP NATHAN SMITH. GUESTS EXPECTED TO BE,

R GAVIN BUCHAN (FOREIGN AFFAIRS CANADA POLITICAL

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DIRE CTOR ), MR MICHAEL CALLAN (CIDA REGIONAL DIRE CTOR), MS PAM

ISFELD (RC (S) POLITICAL ADVISOR), AND RC (S) AND PRT STA FF. COMD PRT ,
AN D MAJ SAJJAN PLAN TO VISIT THE LASHKAR GAH PRT

CIS E4 WI LL
CONTINUE WITH DEVEL OPMENT O F THE MA IN PAD AND CONTINUE WITH THE
PLACEMENT OF THE HESCO ON THE WEST WA LL OF FOB MARTELLO

B COY : WILL CONTINUE WITH ESCORT TASKS AND PTLS IN KANDAHAR,

LIAISON TASKS AT THE _ AND CAMP NATH AN SMITH SECURITY.

C COY : CONTINUE WITH OP KETA RA III. CIS 3 WILL CONTINUE VEHICLE AND
WEAPONS MAINTENANCE IN ANTICIPATION OF FUTURE OP ERATIONS, RE-
SU PPLY, AND TROOP ROTATIONS CIS 33, G 13 AND 9SE WILL CONDUCT A
PATROL TO INCLUD E TWO-VILLAG E VISITS/LEA DER ENGAGEMENT S IN
AND OUTGO ING _
ILL TRAVEL WITH CIS 31 AS PART OF A RESUPPLY CONVOY

TUAV: MISSIO N IN SUPPORT OF THE ESCORT TASK

Logi stics : SUPPLY CO NVOY TO FOB ROBINSON (27 APR). PROVIDE SP FOR A
RESUPPLY TO THE GUMBAD PL HOUSE (28 APR). PROVIDE SP FOR RESUPPLY
CONVOY TO FOB ROBINSON (27 APR) SUPPLY CO NVOY TO FOB MARTELLO (29
APR) AND A CONVOY TO CAM P NATHAN SMITH (29 APR)

CO NSE ASS ESSM ENT: NO CRITICAL ISSUES AT THIS TI ME. NSE PACE OF
ACTIVITY REMAINS EXTREMELY HIGH IN SP OF TF ORION OPS, AND FOB
MARTELLO CONSTRUCTION. CAN CAP RECCE TEAM LEADER DEBRIEFED CO
NSE ON RESULTS OF RECCE AN D OF DEPLOYED CONTRACTING SIV. THE RE
ARE STILL SOM E ISSUES TO RESO LVE ON THE CANCAP SIDE BEFORE MOVIN G
AH EAD ON DEP LOYMENT . TEAM LEADER WILL WO RK THE SE ISSUES ON HIS
RTN TO CANADA

Support Issues:

LOG /MOV:

ANA Eqpt and Servi ce Don ati on : (no change)

No-cost donation of 1000 sets of old (olive drab) combats and old trag vests. Also a
donation of POL, rations and mise CSS woth $150K per rota. Combat boots have been
added to the list. D Law Ops has reviewed the file and provided comments. File to be
ame nded and forwa rded for approva l at DM and MND level.

Timmy's :

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Trailers are certified. Shipping of stock and tra ilers now being coordinated for a 31 May
startup.

PERS OPS : (no change)

CAMPAIGN AGAINST TERRORISM DETAINEE TRANSFER LOG :

20 Jan 02 / Afghani stan 2Q Jan 02 I.

2.
3.
4.
23-24 May 02 1 Afghanistan 24 May 02 -GE NEV no tified thru FAC 19 5.
Jun 02 6.
7.
8.
13 Jul 02 1 Persian Gulf 14 Jul 02 -GENEV notified uuu FAC 16 9.
Jul 02 10.
17 Jut 02 / 1'er sian Gulf 17 Jul 02 -GENEV notified thru FAC 18 II.
Jul02 12.
10 Jun 05 I North Ara bian Sea Il Jun 05 -GENEV nOlified 14 Jun 05 13.
-[CRC notified 15 Ju n 05

4 Scp 05 1 Afghanistan lOll J Scp 05 (sec -GENEV notified 12 Scp 05 14.

Detainees' info) -ICRC notified 13 Scp 05 15.
16.
9 Sep 05 1 Afgha nistan 9 Scp 05 -GENEV notified 9 Sc p 05 17.
-JCRC notified 12 Sc 05
24 Scp 05 / A fghan istan 27 Scp 05 -G ENEV nOli tied 28 Scp 05 18.
-[CRC di note 29 05
6 Dec 05 f Afghanistan 6 Dec 05 -GENEV no tified 8 Dec 05 19.
-[CRC d i note 9 Dec 05
03 Mar 06 1 Afgha nistan 4 Mar06 -GENEV notified 6 Mar 06 20.
-ICRC advised 7 Mar 07
15 March 06 1 Afghani stan 15 Mar 06 -GENEV notified 20 Mar 06 2 1.
-ICRC notified 22 March 06
7 Apri l 06 1 Afghan istan 8 April 06 -G ENEV no tified 10 April 06 22.
-JCRC notified 19 A ti l 06
7 April 06 1 Afghan istan 8 April 06 ·G ENEV notified 10 April 06 23.
-JCRC notified 19 A ti l 06
7 April 06 1 Afghanistan S April 06 -G ENEV nouficd 10 April 06 24.
-JCRC notified 19 A ti l 06
10 April 06 1 Afghanistan II Apri l 06 -GENEV notified 11 Apr il 06 25.
-JCRC notified 19 A ti l 06
22 Apr 06 24 A pr06 -GENEV notified 24 April 06 26.
27.

C40PS & 10:

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 SECRE T

TUAV

• more units will be leaving Germany next week for KAF .

ENGR OPS :

MP: NSTR

HSS :

Fataliti es

Mortuary Affairs (MacK inno n and Bowes) expects to have the rem ains of all four soldiers
prepare d for future burial and movement to fin al destinations by Friday mo rning, 28 Apr.

Funeral Arrangements

(1) Lt Turner

(a) Military Memorial Service

- date, time and location is TBC .Lt Turn er was a member of LFWAHQ PR L.
- there is a close d-casket view ing in Erin ON on 30 Ap r.
(b) Funeral
-location: Butcher Famil y Funeral Home, Erin ON
- date/ti me: 1 May, 1400 hrs
- Mil pers may attend, but space is very limited, so no large groups .
- crema tion after ceremo ny at Erin Union Cemetery
- no medi a
(c) Recept ion/Mem ori al Serv ice
- location : Erin Legion
- date/t ime: 1 May, 1500 hrs
- Another reception /service is being pl anned for Edmonton once NOK have
returned. Military personnel may attend. Details TB C.

(2) CDI Dinning

SECRET
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Nov. 14.2007 EV.DN D.0004.oo76 14 of 17

 SECRET

(a) Military Memorial Service

- location : CFB Petawawa
- date/time: 26 Apr, 1400 hrs
- closed to public/media
(b) Funeral
-location: North Huron Commun ity Arena, Wingham ON
- date: 29 Apr, Timing TBD
- burial
(c) Rec eption/Memorial Servic e
- location: North Huron Commun ity Arena, Wingham ON
- date : 29 Apr, Timing TBD
- The family would like media to cover.
- The home box of the arena is designated for the media .

(3) Bdr Mansell

(a) Military Memorial Service

- Details pe ndi ng
(b) Funeral
- location Vi ctoria BC , possibly Christchurch Cathedral details TBG
- dat e/time: 30 April or 03 May TBe
(c) Reception/Me morial Service
- details pendin g

(4) CDI Payne

(a) Military Memorial Service

- location: Wainwright AS
- date:3 May; timing TBD, but estimated to start between 1100 and 1300 hrs.
(b) Funeral
- location: Grace United Church , Gananoque ON
- date/time:1 May, 1000 hrs
- Media will be all owed entrance into church .
- Cremation before the ceremony
(c) Reception/Memo ri al Service
- none planned other than military s ervice

Vehi cle Accid ent

Cpl Buchanan will arrive in Edmonton on Thursday 27 April. The Commanding

Officer of the Loyal Edmonton Regiment will meet Cpl Bu ch anan and welcome him
home.

CANOSCOM TFA Equipment Update (Effective 21 Apr 06)

SECRET
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Nov. \4.2007 EV.DND.0004.0076 15 of 17

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SECRET
16/ 17

Nov. 14,2007 EV.DND.0004.0076 16 of 17

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SECRET
17/ 17

Nov. 14,2007 EV.DND.0004.0076 17 0117

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SECRET

No• . 14. 2007 EV,DND.OOO4.0079 ,.,

 ',SECRET
I
I
INTERIM

TASK FORCE t:lFGHANISTAN {TFA}

THl;'1T~'iS14Nl?ING ORP,ER (TSO) 321A
PETEN110N,OJ'. AFGHAN NATIONALS AND OTHER PERSONS
.' ' )~f '--~ '" o\~> ".~. 1 , - - ; : - - - - - - ' , ,- , _ •

, '0Rel~r~~~~s: A,ICDS Directive - Campaign Planning In Support of CF TraryslUon lrom

. Kabul to'Kaml<ihar, Afghanistan {Draft) September 2D05

U. , J AUg VO I t"A - r , .... I j VH.H... ; VV r - vl,.a ,u"<;;; :-In;;;:. 'J. uc

E, B-G$,P05:-Q04,f\F-005 Use of ForceIn CF Operations
F, ~~ne\;g,Cp,\vei)tion 1II R~Halj~e(otre Tre;atment of Prisoners of War 1949
,.,,(3 :,: Qf.teen~s RegUlation's an<fOroers'for.the Canadian Forces Volume 1, articles 4.02
and5,o f ' ;
H. s -GJ-005-1 j 01FP-020 Prisoner of War Handling, Detainees and Interrogation &
Tactical Questk:ming In !ntemational.operatlons
1. 10.91 ,1 1;!,JatGlAI008!0~ ISAFQ?l~ntion Policy, 28 Jan 2005 ,
J~ ' Atrengement tor the Tran,sletlof Detamees between the Caneb'sn Forces and the
ISlamic' R~p'ubllc of Afghanistan 19 Dec 05
K, ' 111553Z obI 05 CDS ROEAUTH OP ARCHER 003-2005
L. OR.-ARCHSR Strategic Targeting Directive (Draft) 11 Oct 05
J,!, ··;l;l,?,!l; ;iIl-EG-l 1;(!,!:GALO!'NovO.s .
,1!l: ?r$cIin,cal Arrangements between the Governrnent 01 Canada and the Govemm€nl
.' o{fh€,tslarljlc'Republic of Afghanistan 19 Dec 05

Purpose I
1, The, puri'0!'e of,thlsTheatre Standing Order(TSO) is to promUlgate Task Force
Afghanistan (rfA}policy and procedures relating to the detention of Afghan nauonals or
other persons FY Canadian Forcespersconel during Operation ARCHER.
'.' > ~~ , . . I .
Strategic Inlel'lt · '
I

2, Canada; does not ""rrently possess the capacity to maintain short or long-term
detention facili~es In Afghanistan, Strategic direction prescribes that mdrviduals
., ,
iIn '
apprehended the course of the. of1goj ng~armect contnct wodd either be:
,
. \
3. Released; or
.
b. Transferred to Afghan aulnor'flles.

3,
i
It is Canadian Forces (GF) poHry that all detainees will be treated to the standard
required for prisoners of war (PW's); as this is the highesl standard. required under
"lnk:"fn<ltlonal l~w, 'Persons detained by CF personnel must at all times be t-eated
humanely. Anyunlav;ful ad: or omission causing death or seriously endangering their
11i 1

SECRET INTERIM

EV.DNO.OOO5.006S 1 <A 32
 SECRET INTERIM
,
i
health ISprohibt\ed. No detainee may be subjected to physical mutilatlo:1 or to meo.cal
or scientific experiments of any kind. Detainees must at all times be protected;
particularly agai ~$f acts of violence or intimidation and againsl insults and curiosity.
Measures of reprisal against detainees are prohibited.

Commander's Intent

4. CF personnel may be confronted with the necessity to temporanly detain Atghan

nationals or other persons tor reasons of legilimate selt-detence, force protection or for
reasons related to the accornonshment of the mission until they can be transferred to
the Afghan authorities. This necessitates procedures for the safe and humane han:dUng
of any person detained in lhe course of operations. This TSO is intended to promulgate
guidelines to ensure that any person temporarily detained and transferred by TFA are
handled and processed SWiftly, fairly and justly lAW above references and intemational
law. !

Defin itions
!
5, In this Order, Detainees are persons who are in the temporary custooy of the CF
pending transfertto Afghan NaUonal Security Forces (ANSF). To elaborate, a Detainee
ts.a person not ceosensuany
, in the custody. care or control of friendly forces.
1
6. Coalition f orces are defined as the forces of nations participating in or providing
support to the US-led Campaign Against Terrorism under Operation ENDURING
FREEDOM. '

7. Afghan N~tionai SeCLirity Pcrces (ANSF) are defined as the appropnate Afghan
agen~y 10 whlch!the detainee is transferred and includes, but not limited to, the Afghan
J'I@ji9'n'a,JArmy (4 NA), the Afghan National Police (ANP), the Nalional Directorate of
.·Securlty''(tIiDS) and local police forces.

8: TFA Det~nee LO Is defined as an officer, preferably at the rank of major or

above, who is d ~s lgnated by Comd TFA as the liaison omcer between TFA and Lhe
ANSF , CoalilionForces, the Intemational Committee of the Red Crass (lCRC), the
civilian population and/or any otner organization as required.

9. Transfer PointlFacility is defined as that point or lccauon, which is defined In

orders, where the Capturing Force conducts the handover of the individua!(s) that islare
In their cUstqdy 10 the appropriate Afghan agency. For the purpose of this TSO, the
Transfer POinVFaciHty is considered to be the Kandahar City Detention facility (KCDF).
i

211 1

SECRET INTERIM
 ,
" '" '
'>t _ <'-
.-

, ';SECRET INTERIM

L GE NERAL PRINCIPLES
I
L. eg al Ba ckgro tiI nd- 0 1" ARCHER

!'s outlin~ at reference A, due to the tnreat posed by Ai Qaid" (AO), the niiban
to.
and Anti-OoaUion Armed Groups (ACAG) (now referred to as Other Armed Groups
(GAG) through";'t this TSO), Canada retains its indiViduai and collectlve right of SOif-
.deterice as recc~n!Zed by UNSCR;1313 and subsequent resciutions, Canada is
.. ", , '. ~fq!1~tg~W~~i~f!J~galn~tIerrs>rlsm ~Athln the.fraJ71€wmk?f
-, . 'n ,.' .. ' , .

,pera, EE,DCJM'tCJEF), F urther,the lstarmc RepublJc or Afghanistan

arid the Govemmentbf Cariada'have entered into a Technical Arrangement whereby
~h<? Gqv~mment. of Afghanistan bas requested Canadf~Hl asststance in the participation
. ;1f"t~~l)·C>l1g"in 9 <¥m~ conflictagainst Ai Qaide, the Taliban and OAGs (reference N
" "re,ers . 1

.; .J." .' ?e"AR9hE.RIs conducted under the Law of Armed Conmct (LOAC), In this
. . t:";Kid,,ntifJ"s AI·Qalda (AO) andthe Talitan as parties to an armed
Isl!!mU;?u.lj>~dqin (HIG) and OAGs directly participa ting In
, to:;ap ' ?rme~tcon mCL OAGs are beileved to operate under the
of, Or In tori ..
. Nnctlon with, AQ and the Talman but may also
(reference Lrefers).

DG!' ...;Ith re(erenc"K" detained members of the AQ, the Taliban, the
, . ve tek2D?n,acll\!? part in hostilities against CF end/or .'1"
;!Nlii!t " y in accordance with the standards set ill the
,'Of4! . ;;l1 time Iheir status Is determined,
,Starred.to A Fin a mannerconsistent wilh InternalionaJisw rAW
sprances r~ai~lrig ~hefr treatment and transfer.
, ,.. I _
' : . .-'" . "" " " , ',,' . "' .-.> ' I .
. .p ,. 'As b,utlini'd'a\ J;e1E;rencE; L,AlJere fllay also be a requirement for Imperative
" "r~ii!<;C ' PQtection' tqidelal!) Persons who themselves are not taking a direct
~ tp:?rtJn /bVrwh6''3rejeas9na~ly beHeved to be providing support in respect of
re OFf Coolltlon Forces, Consistent I"vHh the nature of the task, such
. 'cqnaud edJn accordance v1ifh inremationsl prjncj~es pertaini ng to the
" iPIqr<;emeotaclivlties and in accordance with COS
, J' : ~, : l. <
.(RO'Ef "· ..
,,,,.:,,, .

3f11

SECRET tNTERIM

N<w. 14. 2007 EV,DND,0005,OO88

 " . :~:::~;~_~:;~~~. ;:i ' ",h ';(,"

I
SECRET INTERIM
., -/" ,
.' _",c" r- .._. .;
I •
Responsibility for Detain ees

15,
. .. : ".~

,
In a com~ined operation between the CF and ANSF, the overall detention will
genemlly be,con);)derl'd to be the responsibilily of !he ANSF, Wllen the nature of the
, ,--9P~~£qtHr:~'?"l'&s,tnat the CF., is factually ~nd legally in charge of the detention and
eventuilf$irsfe~to.;.I.J:lSF; C!?personnel will use the Detainee Record ofTransfer Form
(Annex 'Fr in order to substanliate !he transfer.
·,t. ,. ~ [ '.

16, In a combined ooeranon bel>lfeen the CF and other Coalition Forces . the
pa'r~9ipating forGes prior to the operation will determine the overall responslbmtyfor
d etainees. '
','; ";,. vii"}t
.. ,; ,,,,.. , . ,l-. ~_
'. ~
> ~;"iI '"
j -.~ •
....,...•• ' "" ".- ."
., .
!FO,I: L.OW!Np !C~Pl'U RE, TREATMENT AND PROCESSi NG OF
~ . ~ ' .'

. ".'''.-
,. .~

' ow t an¢ Vi'!!!" ,in sufficient quantily and quailty 10

, f\h~?W;h Asrar as is opera tionally feasible,
{lhespect religious tenets or customs:

c.

., .~. ;
', d:,- . NJ: deta inee will
~ •
be subjected to cruel, inhuman or degra ding treatment.
. .... . ~,~,>-,

>;~': ..<-::::..';;'~t . 1 . 1: '.. " . ' •

, ',., It ls the quty of Iioth officers and non-commissioned members to report any actual or
sus ee abuse and/or mistreatment of detainees lAW reference G, The Detainee
" ~fdl(~1¥i?)sj)~I[~~djs1ributed to any TFA member who may detain an
" f@!;iQW;.e;co.ll~ tti~cdulles.
. >,' "'['"

I1
',/"';';>--: ,....
.:". ,,;SECRET INTERIM
Nov 1~ . 2007
 "

.'>q.--.."
''IjJ;.,<t-,
. . "',' ii~
,..,..
.' -' .
,...."ttyJl""~~.O!' qS<>'.8 reS¥lt Of a deliberate
~'51)0i")) ~.r!*,sonabl~ believed to fall under
.Iy detained by TFA for further processing and

!r<!.cldelained.individuals
,..,.._ . \. "A -.:-' . ·
~ .
.
.
d·wjth ·approprtale rations and
~, :'::'''' I':.." " -;:' -v

. '.

5. "
 , .. .t~'wm be at the discretion ~f the SMA and lAW
~' d patten~sbeSt
. ..', ,'.f .' .
i'
n te'
..
rest
."" .ii ··

,
'" '' . .
attempt
.
toesca
, pe will be made;
f;:or
''' ~ ..''f.. ,.,'. '.. r '
':" ',H( } ; " _' · .~'"':' _
~ )¥Ipi'Ig;'dn the opinion of the en-scene
s" :de~ignaled to escort the detainee,
.are .necessary
,,";: ,'-:.,.:".,:"
for reasons of safety and- or
..
\ " ,t ~0X, : ·. ,
.'·§.iU~' of restraints such as Flex-Cuffs
~~l~~-:Otl? jf those detained persons pose
, . ) .o...themselves or to any other
Irnechantce! restraints shaH
Oingd evice and must be done
,ereof Detainees shall never be
f~el)icl~ts\ruciura o r movable object:
•. . •. , j

'!mswe they review the applicable ROE

'k{ ensure,
.
,~:: . ;
Cornd TFA has adhorized

Nw. 14, 2007 EV,DND.OOO5.0088 6 of32

 lNTERlM

b. The chaln·of..command shanbe informed immedlately upon detention of

an~ personts). The chain of command '¥viH lhen inform Carmi TFA lAV'/
Ihti procedures outlined In t'lis TSO; and
c. When entering an ANSF inslaifation or any olherfaciilly of OPSEG
concern, he detainee maybe blindfolded or blacked cut goggles can be
used. Hoods wm not be used.

Searching DeJlnees
26. Ali detal~ees
shat! be immediatelydisarmed and searched fer reasons of safety
an;l,?ec~pty 01 fF or Coalition Forces. A searcher shaHensure ail Hems are removed
tromli1e'detamee
, -_ ."..
and examined
' " . "_ _;,:
"''-_V ~A' ' _ '_ ' •'
to determine thewposslbie use as a weapon, 10 o,SSISI
.< . " _,_

in idenB!)i ng the dela]nee or if the items are of intelligence or lnformation value.

27. tterns (other than clothing and items necessary for the detainee's protection)
s.eJz~d Jrom theidetalnee shall, as soon as practicable, be placed 1n a securebag or
<:r"e,. __ ., . ,.The secure bag (or receptacle) snail be marked ;vith the detainee's name,
·. tlme cebf~ciipl).lre andany Qlherreievantinformatlon. Form DND 1351. Tag·
Cliff., ,.·ct EqulP;lP.ehtlDooyrnerk(Annex C) shall be used. Each item must be
documented Inithe'Selzed Property Tag Sheet (Annex J). Items found on a detamee
v/lH riot norma1ly be returned to the looMdual unless there are no safety orsecurity
~9ncems and ire
i1ems are deeme-d tohave no InteWgence value.

28,c " The da~, It9Je, location and! !,.asOfl for delention shall be recorded lAW the
guidahce·s'et'oul·ipc.lhis TSO. N detailed,slatement on the physical condllion of the
. detllinee'upon;detention shafl 'bec6mpleled and picture endior video image capability of
. the ,d~tehtlon slhailbe impiemented into mission planning requirements. The Wltnes s
Slaiement FOrm (Annex E) shail be- completed by lhe officer or non-commlssioned
memberwho i n provide the mostrelevant information with regards 10 the deteniion.

Temporary Nimbering System

b 2 ~,'j., Af!X lndivjdual that Is tern otani detained b TFA will be assicned a number as
. < , liQ~'l;.§~;!l,9~lii, eH#

.Female
' ..' ' .'.
Dlllai/lees
'. " . , ?

" 30: .• In all C<l$8S where a fern?la ls SU~ject to detention, ellery effort wifibe made to
ensure her pnV8cy 10 accordance With apPlicable religiOUS and cultural pracuces to the
extent thal ls Operationally feasibie.· The following spedai procedures shall be adhered
,Ib\Vhsn detaining femaies; I

seCRET INTERIM

tm. 14. 2007 EV DND OOO5 0068 7 0132

 e female:delainee shaU be held out of sighl of
,~~~~piiicticable:
k','nQ m;>le,guard or any other mare m;>y enter the
it female oelainee unless accompanied by a female
:~~

~~~ "

hl!"'I,~,af'~ 1~le,detainees sr.all not be held

)lg,wperYIslohby guards of both genders; and
. -.!~ ~'- <

entiaI lreafirien[ will be accorded 10 a female detainee.

~~~ : ~5t ,'~y,," ' .- ,.
-;- ...., -y,

, . '."
lNTERlM
r~,iJ-

NIH 14.2007
.."
 , SllQPldtIJe,~i!lJqliollad~e JlJaL 'C, '
' ~$f, f'!riherg¥jqW\c~§p~\t!l,"
,1 ;:ircumslances ,' ih,tdetaili 'l$ '
$0; CF dod rine ana international

erice ,H..Questioning of
t personnef or' tratned

'etained furl!'er toa criminal

n:!jf
, ..
individual concerned;
~ ;
or.
'

", :,~ ,

. ''''' ,,- '

'Or a temporarily held

"plied: ' '

.
.-'

Nov. 14. 2007 EV.DNO,OC05.0088 9 of32

Nov '4. 2007 EV DNO000!5 ooea 10 al32
SECRET INTERIM

Annexes,

Annex A - Aide Memoire on Actions to be Taken on the Caorum of Detainees

6nnex B - Detainee Treatment Ql!!:I!

Annex C • PV££np.!y..Le,T®

6n.'l!l6.P . TacticaJ Q\1elltiQ!llQlLR9.LlO'1

Annex F - TFA Transfer Form

Annex G - Aide Memoire - Tasks and Responsibiiilies of TFA Staff in the Detention
P fQ"
v<lS S

Annex H Coalition Enemy Combatant Determination Request

Annex f - Aimt_Memolre - InformatIon .9DJ;Lpocumentation Requtr6-ffi§!!'is oJ2..Iransfor

Annex J - Seizeq..eI9perlyT<)lLSheet

Annex K - Persona l Prooertv Receipt

Annex L TFA Deta ined Person Register

Annax M - TFA Pro perty Seizure Reg,s;ar

Annax N - Flowchart

1 1111

SECRET INTERIM
11 ,,0:2
 ,1<
i
." Annex A to TSO 32 1A
, I
,'~ ..~,
Ii .
AIDE MEMOlRE ON AC TIONS TO BE TAKEN ON THE CAPTURE OF
DETAINEES [:

1.l'IOE ~;MruRE - 'tcnoNS TO Bf. TMEN ON THE CAP'fUR"E"OF DETAiNEES:

,: :
;

"
2: Tranmr to Afgh... AWll)l'jdM: ~lt'lm~ .~)

r--iomd IFAhhi"ifXmmtadimttl.ahl.~
! trAfl..t.r 10 _144., t'n lh~..-ANSF
! Au.igJ'l tpt lJ. \lQl;(I rt if f«I
. I nform eoalltl<m HQlANSF POC
Confirmdrop Clfflpkk up pol~j t.cI
Co.all1I,QIvANSF
.. AuJ irt p"" to CQc&olilonfANSF
NIA e"U~t1('" point (If &,pplietll.>le}
.. Inform CEFCOM
.. Complet. o.tAl~ PGf$ons
ft_;I,'.'
.. Complet. p ~ St in: t. itt1llslllr
{if '9PUcuk }

1/2

EV.OND OOO5.00M 12 of 32
 " ,

SECRET
>l~iX'~f';: <_'>jFF~:~~, ., <.i " ~" ':; '< ' ,,
"';~;'c;ir;i ;',\Ij;je~J&,Jq T$PJ;a~j A
':.>/;-"4:! ,,<' ~: ~';:' ~~ti:Y:~:":: ' :',': f~t;n::,(':~' :0
,:
1
v _

: (~~pk~'t$n;i:c.... ±~,""""::"~""'::::";'-'I------~----~,-----------
----'
' . Trtlfldu to P<JG!lUM o r ANSF' i
! '
, , _~~_" , _ ~~_,~~~~~,~ '''~ _
'
. ...'_'m.''._...... --------<
......_ ._.

i. O"umlS'.'~" _._---_ ~ __ _ .~_ .~~~ - "~ ,,.

•
_.,, ,,"" ...•,,

d:.....i{JI'!Dl..}
~

A pp~" nl"'Me ( C01"d Tf A <,>r

.M&!stl tpl &. ti co rt 11 taq

!l'lrb-rm Ce..,jl~C'1'I HQ! ANSF poe
.•
i
,

• lnfu.rm CEFCOM
• C<:Impl,.W P<lt,gr.«<,l p~! G= "
RegJ.i11H
Nf.A.
• C<:lm~!ltt9 f>rop*tty 5 'l:ttl.lul Ra:(llster
fif npp!!caOI"')

, . -. "
4. Tf~;~{A~~an Nationw $.wrlty r~ {N"ol'l-oAGl
"""""--,._,---_._._-
l .
,- ,- ,----,.
.App4"o~ 'tTM.$NT tCwrld ITA or
I d<l$!gn4r.j
I. AU !Gts tpt & esecreIf til.;
l .Inform AJiSF roc
, >~- l ConIUm dr op off.1plek ~p painl to
, A.'VS~
At.ll~1l P4'!"~ \Q ANSF 1;~I$l:'tlQtl
" fA poillt (If l$pplX:?itJa)
!n1otm CEFCOM
Ce.."flp.l Slt$ O#l ll lrntd: P 'iNi'0 l111
R~ !:> M
Co!rtpf~ ~ Pt P-P" rfY $Il'~~'" Rll'g~ll ~
{if &ppll¢$lkl)

SECRET

_.1 ~ . 2007 EV.DND.OOO5.0068 13 of 32

 DETAI NEE TREATMENT CARD
TliE ENS<lY 'N YOU ~ HANOS

1. HANOt E FIRMLY. PRC:'.lPTt,.'f BUT H'",'M.4J~E.. Y.

YOU: CA.~NO~ ~D MUSTNOT
! .
MISJEeAr. HUo'JUATE ~ OEGR.\DE OET!'J~S,
~- I 'l:AKE ~m¥:~T" eC"rs· O~R~SEt:,E...~r«
1 MEOICAl..TR~W,.;Nf• .;. ",,· v .~.:.:.-j " t<:.-'.
• ¥ . ' . ,'. ;.. - ~..~ . i -" ' " . . '
, ': ' . ~ . TAGGING
1M ~m 1fI)Ol$ tw\c!ai mutt oe ~~ed..$&C;,If ed.
Jnd ~. IM,. 1l'K.~ : tIlsc be ~ .ei ~ as. a
b./m.lrrI !lcmg. "T'j,..~J. mr.:s tfiGt be tor!WOO. kiHd,
:'t':IAa'~, «~~, fl',;er': ~ he," ~ __ l¢ :a1k.
Bte.a'ltW~~~be~ by ~~~u:d'
~'M'lan~l;~~e$.
2. TAKE THECAPTI1/E.Ol..'lCIO_Y >osmiY.
, :c... ~ . poC'Sbla. .... ac:JQ ~ ~~\.!:> . ~ d
* F W14 ~fi:;:('; by CflCoalIllonbrl:.e. ~.e;:!
'b'fY'M~ . WUlr( ~ ~ m9r'.ai
tlten ftCf'l" t. ~. _ lie Ml'lI;O ~ ~
tM~ t<eptlW ~blpWs:~ ~.aI ~_
3. rr OF A..'-t."'t CAPTIVE is A CR:'M' ~
JI: fS RESPONS1 E>:_E FC-R TI"e
NOS,
. ' - IHs ~ 1tUJ~ b::E':;.-;.,~t:Hr~:r.al<1i
. •
~ . l o ck; 1Q . 4I: ~~ :;~.¥do:ee:"Ql"l

;" ,i1~~~~RAiivt~~;~~~ER:.YTAG·ALJ..
DeiAlNEES,:T;-f$ TAG MUST CONTAIN A.T A MiN::MllM,
bes~ ..¥liocI wI' ~~ If :hey kmw e-. ~.Q<.'$
..... tllt"'..JI:. « kII!he1r,
~... t!'ICfaced'{
Thei li'&! resest ~ rr:» !t""*
Fu :n.~()re~~~
...." ; iliE J::CUON! NQ.lNf.QfWATlON, ~#le:~flo~
! . Q/}r'cIl'#.l: Cf..,c.:.?J'l,.-'RE; ...'rR!AT THE S:CK At..ID W~:il.;:,..;r.;<:l CA.=-n'.'E AS: BEST
·:t !, : I'\ACE.$f·"CAP.'ruf;C_ :'; :;" .,,00 CAN.
.. 1 · C::\:-=nJRiNa l,..'$rT ;; ~ ' . 'th$ I?~D u¥.cI rr~ bI &"i ~,c. ~~. in;
; , ~ , . ~GOMsTANCES: OFCMr:1JRE ,_ a:l)'aI~. tw(Jhe:'- It human ~ M>d ~ O!I ~~
_. ." r·' 1
.tI. : ~ 'Iff\o 9'«- ~ aiek lI'\d~,;d ~
I! ee r.s,oer;';L~OANO'TriOROOOH
. " AS,FOSS~
., v ~~ - ,; ,
s: AU: FERSnNS tN yOtE
, THE T~G USj3) MAy s e Th E ?REPR1~~'TEO T'(F = OR
,I~~ aE~'}\OE';f Ar<.~ MATE.R;W, A'IA.!Lo\E<..E.,
slJS . ~CTS ClVll.lA.~
BEJ! recrso

, ,II, .""".
COOlOSfT'( AND
, t.~
~. ~ ~
, .,
. CoO\:r.s ill'ld i'~
r$mess , flm.~ erd f;w'--.3t'\lti
see.... yoI.lr
lo ;i"~

, IL -_ _+-:-- -'- ~ftm 'fCl$" ~.

,___

:,,(. "",,'
, "'. '

I
!
I

EV.Dt«UUlS.OOIlI 1. ... 32
 I,
A$ A ~ OF.TIiE c..4.f.tAOlAN F.OR-:,::cs YOU,\"'lllJ. l 1. HANOfJ:::l"lRMI..Y, ?RONi"?Tl_Y6l..lT Hl.JMANay ,
cooPt r ~¥ITH 1ite GENEVAcom!!.~--n91",j$ W" 54 S ~ t ihJ'~.e. ~ yoi$' t,.M<!~1tw (!j~,~$C~'t~,
-c roWH1CH CA~~pA ..!$]P9U~P:;;" ~',l..\.. :>C ,., .!'- ' j t ~\Ii.ili~t:'&fl:M;t'iR.<Jl t&s: oo. YO~ ~ ~lkraW ill'S<)
t ~ bii~, T"'*' a;:!t",,'=t!';Q(!;Ill t<:l'lIored. M~,
!YOU.CANAND WILL ~ m;M~~d&;tr~.W':MjfhW~fd"=\{;~Jl::.
t a..,~ ern,.'$.l oot~ ;a;~ b'-j aw~~ ~ MWt Md
l mo::>lh ~ !:llh;I~~ !:'~~\'ot-
l a TAKE ~rHECAP11VCOU!CKt.Y'To.sc:cUR-nY.
l ,'· ',7~~$1~~~ac\J.i;'~ ~"t\\ie;~~ ef
l1:!!fe.tr~p;~alloo bY CfrCoaof&>r> f= ~~
l by PJr c<m'.m3t1dt!r, M~l«y ~~ ~ fM~<lI1
l takB\l!rom ee cepsve Bre' .IIiso 00fl1to lI'~ lnlsw'~tlXs<
l ~ . .
I: .
I·,:·.
l ~ .
.,. jc
- .~
IN'~'~ ,
!fu.<;
(,>" . i-$<$,
004
ll('>, ,$(:il'l
!
, .~ t m~ ·~~ .wm ~e:l if 9Y.sy krwv. :/-.eir ClSptOl.'S
i W\§ 1;'X!Mt~ {:f kill~'n> Thit-; ",~n r~l ~ ;'l1@o# *"o<'
i e*~.~ c;o:;;Iy. F;ir U~;It.>ne--.'l !!f c:~(j"",¢&
~ ~tNt ·m*,"'t>Y~Wl~.
1 " , . ' 6: SWK ANO WCUtJQgO CAPTi\"EA5: SfS"'t
'"".~!'fiJf'iDe >'Sn~~~=e, ll~
. }•.a ~~m b¢~;md mll~ tI6 ~~
, 19'~'l:I ttl, ~ ~d "',<M'Id!ld clS\lw.ee

...
~--_ .. -- --- ~ - _ . __ ..
_.-- ~-,_._-,- ,, ~ .. _.~ ..
~ .'

, "

Nov. 14.:1007 EV,OND,OOO5,OO68 150132

 PW CAPTURE TAG

Front
CA .A e• •
\ ,. , . ' "
....rrACt'I 1"0 ~M
, "'- • ' ~ !' .- ' \..-.-
,l.nv.£~'$U!t
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, ,-
Back
, :~ -

Nov, 1. , 2007 EV.DNO,OOO5,oosa 160132

 ! TACTICAL ,QUESTIONING REPORT
! '",.'.' , :'-<" " " :

rSFt'~~Q~ER'S ZA~----rruCAnO~ OF'~~"J''''''----'TC''NL'''''S''SC:-O''';N ?E"""""'~A' r f5\"'G'"~c,- - ----1

,
I
, I
'
IDENTIfiCATION
--"'---,---_.~

! DATE OF BIRTH

,
SS~'tOWhlOM MfdL FOR.
~ . i
, .,. I!
CONOlTlON WHEN C.;PTURED I PHOTOGRAPH lPRONT
';» .. ."' : i' . . , '" , r VIE'{Jr '

"

l '-
!' ; , ; A§~~¥~~E~TtL~C9.¥~EN1lATIONS
..
,
', '; ' - '

'

j sidNAruro;; ,
L'
OTG~
j

SECRET
Nov, 14. 2007 EV.DND,0005.0088 17 0132
 .~ !
t
I, . herebymake t.~e fcHO'''Ifng statement regarding the apprehension of one
individual dunng O~eration on (date) In the vicinity of ~
,
; .

I swear (or affirm) that the information inthe statement above is true to tt1e bestof my
knowledge Of belief j ,
, ." ;

(U..etrber'S ~ig.,~.jt'
.-....:\~ ~! -;',': ;
Sworn to before me(this date. ,
(Date;
 SECRET

" AN NEX F to TSO 321A

Dl'TA1I'lEE TRANSf ER RECORD lDe..··m F;cA 110l'~ r~",.,... a~

'.,-:,,; i.'. _"r_. , I
LASt ~_~
,," - - •
.
,! ' ,
-'RST~
_;". ~- . ,.
_. ) .,e.. , . AANi( SERViCE NUMf! ~~
I CA.TE OF CAP;URE !
GR,OOP/ORGA."fiZATlON n.;.CE Oi=" CAPTVRE

A.ACE Of EIRTrl :
I
I CATE Of B!RTH
I
I CTG Of TRA
--
NSF:R
I . I ?lACE OF. TRAJ~ FER
"
,!
!
csu i RAN - , NO INONIO'J ALTAANS>:'Ei<.'NG
i
I
!

,j . "'~":"ZU"" •
i
. ) ;.,.iNli ACCSFTINGjCUSTOOY
I
I
, .' ,
!,
,
>-

<'"
: 3frt£4~~f-C~~!:~~J:::;STODY
, ~ !q"'.'wRE ,'
I
i
., , ', :, ,,;;"
,'.'", . j n"
,
~ l
G~:~!HYSJ qAl CONDITiON uPON
TRANSFER :
, ' >'_ "" < '

J SPECiFlC M=:D1CA,t !NFOR!AA..ti~

l

, SECRET

Ncti 14. 2007 EV,ONO,CIOCi6,0081 1901 32

 SECRET
,,' I I
': ~i, ~ ":-'.9'- :, ~~< ~,!
ANt'lExG lbTSO 321A
TASKS ANbRES~QNSjB!L1TIES OF TFA STAFF IN TEMPORARY
DE'i'ENfiOTfpROCESS , --
' :.c''::-{ " I :~d'\S~_: ;:/'; ,. ,. :'.' . . . < •

1, " upory-extrad ion Of the detainees from the" field and return to Afghan
installation ?r CA transfer facility, the personnel below wW have the foHo\;ving
respohSJbm~le$: .

, 8, Tfl'M
(1 ) I CA MP 'Nill h~ve ovef?iVeSponsibility for the care and custody of all
: te\1'PIf(~rj}~'f1f',1,9t?rr~j!h~~;!!;9'~~e;!Lme they at~ received from
1 - - :time <;1s .~He: detalnee IS transferred to
\;:',
~ .'
"<i'&released.'
..
CA MP will process
I t
J' .' > ~.,.<,
.' -.
3. Jt~,8tt,~ ~.~etain~el cO~dU d a second
Q¥,PI\,P,§,(,lY thai was seized by the
\ Pe.f.jined Person Custody Regisler
(
, ,OccwrrenceSnd Property Seizure
Register (AnneX: M), Shall be cornpteteo for each detainee:
. . ;;':-':_ ~~" '-~ ' "

b. , T!l:Ei 9,eJffiL '," " ' b~;'~~~l1}\ned by a medical officer, or if

nOn~)SA~ : 'en,the senior most clinical authority.
Det5'li;,~~,S;iQJ,,~fi~jlj9rJU99td medically unfit for detention will
be, as .s QO!).;a·:rpr:a etlc.aQI~j, treated in a CAfCoalition medica !
facility aodloi,·fujl)$ferrEld jo an Afghan or international health
care:pluJ ' , . ," \M " oovicte security escort for
,de)a.J' xamin.ed or admitted to
':G . j ';Furt!Jer, medical staff will
.'.,': p:ho\ ;lnJunes and matmam a medica~
me; "
e. Compile fingerprints and pnotographsNldeos of a!l persons
detained;

i d. Collect and [eg all photographs/videos related to the captere

of th e,dei:a io~eS;
1
1 e>
..
~ ,' ~ ,. ,.~,A.E#9;;,"'Qt>m~,d,etainees for identification
• : · L ',
,9i:Viti<lilt a.OYinjury (if applicab ie);
...
', :'
'
. 1
:,
, ,~:,,: :
,
1 I. Make aud1o~vjdeo recordings of questioning sess ions;
i
: g, Co\\\::l,c1l;Ouj1ter.iotelligen~
(Of) elements to determine if the
detainee.has;:CIvsfueand make arrangements for CI
113

EV.DNO,OOO!S.OO86 200132
-. SECRET
.:
~,,/~- !
ANNEX G tq TSO 321A" .
, personnel 10 debrief the detainee. Any debriefing of !he
i detainee is'only 10 be conducted by qualified personnel; and

Ih Make.a~f)~rnenls 10 transfer the detainee and property 10

I' ANSF ohorner,

b. TFA Detainee La {As tasked through G3 TFA):

: " :<: ,
' .' .
(1) Collate, organlie ancerchive all Information related to the
, processing of detainees;
;
(2) Submit a report to TEA ,HQ r~latlng Ihe circumstances surrounding
! the .~p'lure,;fl~'\hi! <!'r\8.ineesASA!, and , In any event, no later than
1 2Jl. ho u"rs 'aft~(j~~esa",, :br)lught back to a Coalition facility;
: • . 'C:' . -. " . n -.. •

(3) S~bmll a dan;; SrrREP on detainees under TFA custody 10 TFA

, HQ: and .
. . .>. ,-', '
,(4) f'£~f'..I~~ ngi,syQOJ;~Jin~mYi,y.om~J1le~t ?,et,ermlnatlon Report 10
' ::;,' V ,'" t,CQ?lIlJon, 'F'o@~fIgill$-Tfl\'f.!~Fwlfen applfcable;
;" /: : " '< ~ -.<>. >."" ':' ?< ~~: ' :, : ,: ..
, ,,, ~,, .,,, ,~

(5? Inform TFA,H(::l.pf~ny transfer or release of detainees;

I . '
(6) Liaise wilh At-!?F;forces with,regards to the detennon and transfer
Iof detainees; and '
,
" I (7) Liaise with the ICRC (If applicable) with regards 10 disclosure of
I,nformation ~~da? TFA p~lmaryPOC ,
o"" 'T',_FA- co._·
~
G2"• . " " ' "_'''-''''.",
k ' ,, "
\." ", .

, , (11pr~pare tactical qu~stioning plan In conjunction with the tactical

i questioner;
I ,,
, (2) Provide an assessmeruotfne detainee's intelligence value;
. ;" ' ~-~ ~;,' - ' ~~ ~:" ", . .
(3) Provide Inlelllgen9! .P.foduc\f relevant to determination of whether
, the detainee s'hQ4id lfe transferred or released;
1"- " ~ . «.<-: .~ ':::.:fr.."'.i,");"" '...,,1,· ::::-.'A:>~>;~~'
(4), Coordinate
_ '......... ...,..
QOCE>(
" . .....
and /"
MATEX of seized equipment, material,
I documents, :r ~."
etc.: and
,
(5) Arrange interpreter as required,

.' 213

SECRET

_'_ _ 1
EY DHD.oaos.CIOIIa 2' ... 32
 , ANNEX ,0 10:TSO:321A '
. ~. d. 'OC o~TFA:"sub~0fl£\%O detained Individual:
I
(1" Ens ure t hatihe i~!orrnatio n and matena' r.iai ed to the capture of
'I de.t?jnees , ~ttP:Jh~ s<e!1~~t!ve site explol1atlon {SSE~ if appncable) is
made availao!¢ toTFA 02 as soon as possible,
I "
e, TFA ';urg (or TFA MO/TFA Ph/siclan Assistant if necessary):

(1},Medicall/ examine the deiainees upoo a rrival; and

(21~~!< ~PRrl<~~~_
. ',:. iJ11.I1,NSi¥lQAllfuodties to coocuct periodic visits
of tn9 d9ta;f\~~o;tti1ihitor'ptifsicaltondi!ion:
, . .;.,". '\-;-' ' ~< ':'«' :
f ' Qualified Tacilrol QU'lstiCher:
i
(1}lpre",ar~ a;ut~£S~!£i.:1!Jil?JIC~1 queslioning plan for Ihe purpose of
iprovldlng- ·m fcrmatloh necessary to screen the temporanly held
'detainees and to determine whetherto transfer or release them;
la!1 ~
! "."."' . ~' ':v':;':&\.+:<,: ;,;,:~<vM'_ '." ,. ,-' .
(2tSUi;>ft}I(:'WtariliililJ,<t(ill.1itio)jlng:report,to the G2 ASAP upon
,:cbmpl~liOri 'Stln'e'Tdo~essrori; ".
~
g, TFA Lf9al 0 ;

(1) lPr9Yl~~,~<:ly!£.~ (il¥~Qt!J!bTFA",QQ S)aff on ali legal Issues related to

kle;,.lne<;s 'tQ ~bstli.e\'l"FA·s eompliance with International law and
pF obligations; "and .
I -
'< I ' . ,_ .«~« ':~;~ i 4;\V ' -- .' - .
'l:" (2} f'\d,qf~~S, QryX,AI',Ii1~~~lLelti~ittj!egaladvisers from other CF units,
" ,
• poa" ,i.on.Force%,or;ll.N$F.

313

SECRET

Ev.OtlO.lIOO5.0088 :n"' 32
 AN~~ B To 'tS O 32lA

Prepared by; NAME: : . UNIT:

TFAe-mali: Phone:

SECRET I REL GCTF

NoY ' 4, 2007 230/ 32

 , '
' , ,~'\"''l'.K ll ,ri ,1'50 321A II
ICoalition E,!J~m~{~~~'::~rti:ie~nation Request
THRU: l' """W I TO: I DATE:
Seized
-'Rerson
bata: Trjba : 1 Ago:
"L aQQuage,s:

Nov. 14, 2007 EV,DNO.OOO5, 0088 240/ 32

~.~~.
L~ ,.

SECRET

ANNEX I Tc'TSO 321A

"'dD§M EMdIRE FOR PROCESSING DETAINEES FOLLOWING HANDOVER

TOMP

Imm~diately upon the ,<!~isjon,to temporarily detain an individual, the unit

that detains the indiVidIT;Jl'sh"KrmmeiJrately jntorm Comd TFA and TF PM,
Comd, TFA, or his delegate; shall' Ihen inform the TFA COS, G2, G3 and
, '

TF l~ga l 0 ;

CA MP takes custody of the detainee, conducts a second search and

,receives ",ny,pr o p l ; ?ed,Qlq h" capturing personnel. A
, Petaih ed,g,,~p~' , " &lQ~L), Gen"ral Occurrence and
'PrcpertY'SeizUre' Regis nex f snalfbe completed for each
detainee; " ,
. ~
,
3, The OetaiDee, ffi\:ecor the senior most
Clinic$l ilut{\oill , that are iUdged
mediCally unflt:fOY" " , ' , practicable, treated in a
CNCbalition medi dlor.trahs erred to an Afghal1 or
, intem\'tionalheaitli"ca 'Jy;'(¢~~\~*iflprdvide security escort for
detainees being med!'" , [examined'or adnilUed to CNCoalition facilltl" s;
" 'I .. .
' ",
~
"
,:;:..<~c'it';.' ., ·, · ,·
. .
4, Medk;al staff, should,!" ,d any woundsor injuries, shall notify {he MP's
and npaint;lin 8 1J)e ,,, ' soon as practicable, MP's snan
pholographlhe""our , ias;(.,. '., '
I '. '- .~. , ,./,'>X . ~: " .
5, .If no rpe;!tC{l1tr~tnte~U~ « eiigJfr~,MP's ;~iilhqhj the individual in a
.temporary hqldJt\gJW;!Uty,?!Jl'!;'C<lmpi.le fiDgerpnnts and head photographs
of the;individual
!
detained; . '. .' .<. .' .

6, .The MP's shallcontact cQlJotftlrAnteillgence (CI) to determine ff the

: ' -, . " '" ,,. < I ," ~ .
detaiJ1ee has Cl , ' " Sem"nt for cr personnel to
qp¢stion lheqe,~( .. .,
<)s !~ be conducted by qualified
. persohn~Vas ,i<lel,) :''"' ,1',.. " ,.« ,,;. ei!%I P,erSonnel shall compete
the T~ctlcal Qu"s!J9Qi. '. nM!1e~!tAqthis TSO;
i : . ,.' . ' ',
7, The qc of the TFA unitresponsible for the delaine,,'s capture shall ensure
the appropriate personnelcompjete the Witness Statement Form in Annex
E,to t*iS TSO. Annex E shal'be submitted to the G2 as soon 8S
pracncable: and
! -,. .
FoIlo'i 'ing i"!itlalpr~c.~~Lq)l'§1l",!!?qisaVq4estlonins. all relevant
inforfl)atlon'shall bepmv,l<jedjto !?01J1d'l'FA who shall decide to retain.
release or transfer the oetaineeto ANSF,

1/4

SECRET
HoY. 14. 2007 25 of 32
 ,

SECRET

ANNEX I To;, SO 321A

Inf orm. t ionlto be Prov ided to CEFCOM, Coalition Forces or ANSI" upon
Transfer or Release
Should Comh- TFA
, decide 10 retain Ihe
.... indiVidual:'
~ -'- - _ _--_._ ~

1. ComdTPA wili notlfy CEFCOM;as soon as practicable with a message

outlining the following Inforrnallon;

Should Coml!j TFA decide to tranSter the IndiVidual

- - to ANSI"
._ , ;

1. Comd TPA will notify CEFCOM as soon as pracucabte with a message

ouWnlng the following information;
~ . y '

1 . . " ••..•,
B, TJmporarylden tiliClitlQ!i:number andnarne of the detainee (if
available);, ' . , ' :. , ',
b. N~m? ai}d,d~CliPllpr rCL1b~ oper;a,tlori;
c. L~at!on{ date a.~d~"tft}\~,?r ~~t4re:'
d. Brlefdescripllon ofJh e:Cl rc~mslances surrounding the caotere:
e. Physical state of the'"elalnee;
f. Lqcatlon of the delaln",e'at time of reporting; and
g. Pr~lIminary intent concerning ,the detainee
,;
2. CA MP sMail proVide to ANSF and Coalition Forces thefoilowing information
where pds'sible: ' " ,"
o ; '

8 . DND Capture Tag;

b. P~otogrpphs Of1h~ delil!n"'e;
c. \~ltness:s\atern!1"o.ts;{Ik.~;~yajlablelhen a detailed account of the
Clrpumslanceof.. ttje,caplqte);
d. Trsnsrer Recoro; . /».,"
e. Tactical
I.
Questio.ning Report;
'" ., - , '",' ' '::; ,." .
,
J . Cqailllon]':n ef11KCOmPill@p\Qeierrnination Request;
' g. Medical Exam inrormafion;'arid
h , 1"<! ~gerpnn
1 , i
,5,

2/4 !

SECRET
_ , 14. :lOO7 EV,ONIl.OOO5.00u
.".
 SECRET
;
ANNEX I rerrso 32 1A
,
3. Comd TFA shall provide a SITREP to CEFCOM on the transfer of detainees.

Should Comd TFA decide to lranSferthe indi:;':l<:iua.US'..f.I.f:J...8.£ J ln!i!'iidi 9 1not tal<J!!g

Ear! Ill-hostilities a9§.~2 st the'Coalltlon): .
,
, Comd TRA shali notify CEFC.oM as soon as practicable with a message
outlining · ~ he foHowing information;

a. Temporary Identification number and name of the detainee (if

available); .
b. N"me and descrip\io~, of.tl1e operation;
c. Location, date and·tim?of.Captllre;
d. Brief description 0(1 .... 'itcumstal1ces surrounding the capture;
e. Physical
. ' ,
state' , -<.."
oO" "e$
.-
; and '.
"." ' ..,{ ' .
~ .

. f. t ccanon of the ca .. ' imeof'repcr(;rlg.

-- ,; ~. ',-. - _. ',-

2. CA MP shall
, provide tile
. ANSf the following information where applicable:
i
a. D$D Capture Tag;
b. PHotographs. of the detainee;
c. Witness statements (if not avaiiable then a detailed account of tne
cin:umstanceof.thE\ capture);
d. Transfer Record; . . ".", ~ - .
', e. MedJ01IExam lfnQrmaY9n: and
f. Fingerprints ' ',

3i4

SECRET
Nai, 14, 200 7 E V.DND OOO5.0088 27 of 32
 ..;, ' ..
SECRET

ANNEX J To TSO 321A

. ,. '. "..... .... '.... ,
<- '. :>.- ~ "'-.
' ;''/
,-" '. -.- ·.:..-:J....l·.. x ., " .
SElZEDl'Rlfl\,ERIT1'AGSHEET

I Control j • Da~tYTi me or Seizing Anth arity

I Number
1- --: ,j _----''''"'''''
- .'''ur~-
__~ 4. +__-=::::==0:. : :..:.:""""''''-_ _ --+
R.Qnk Name Sve Number
~ i

i2
!
!"- ?,
"
.'

-"" , ,~ . ,~Jt:-~1··fpp:· ,"; '. ,",~. !.~ " .-

i .
,1
., I' 6
5 .
.
J
,.

I " • c' .
! '4 ;" . ,'
9
! . .
, 10
i

". . .... , ...

~

Signature of ~~i#ng Authority , t· .. ·:;-; ·~·f~: .~i': .

. . ,. , ..
,- ,", , "

§ ECRET
NcH 14, 2007 280132
 . ,
,', .
SECRET

ANNEX K To TSO 321 A

.'" • ~<r . •

PER8l5~jiRoPEa:TYiREeEliF
,.

I
Control ·Datel rim e er Owner 's Name
Number ; s:eiture

.,.-, ! . ,. ' ", : ......

,
Name-RankIssuing
.. , AuthoritY;. "

................ , , .
.:~;""' ~ ~ -
., •.

.
............ , "'
~
, .., ' , "<~:. '
~

'
.

I
!Date ·· ·,·· " ' .. ·1··· .. ·· .. · , Location .. ..... ...... , , .
, >
,.~ i . '.

.ed It;qp\ you and -play or m ay

, ....iIi be mad e by the
;wh~n i'deased'rclIieve Olent

....................................................................................................................
• • • ~ , > .

. . . . . . . . . . . . •• •••• • • • • • • ••• • • • • n ..

.. . . .. • • • •• ••• • • •• • • • • • • •• • ! , ..

SECRET" " . : "' ;'. .

New, ' 4. 2007 EV.DNO.OOO5,OCIe8

 ;.

Annex LT o"'TSO 321A '; <. ~

..
<' ~ :..0;"

>.

II
. ~ t'St"':'~ ::.: .. ~'1 "1<r' , I' i '~ '- ~' ...!$?.... ainment 1 n-j'~(~ri ...:atq:). ]J
. ("o.. <.1r <! f ds ~ ·n nme
"T ·-. ·=
...:: . : - - -.--.--- --- -- l'L::-...:.:::::.:...:..:..::.:.:::.:.:.:.::r-::..:.:::.·.. ·,·:·..:~:..·..·t··::···:·:···:·:·'::..-~'_::;:;:·:'t·:· : :: :. .:..._._.._L_'·'.... "'c".c............

\'.' ..
1
.
~ >
----~+----_ ....-._._-_. - - -lL __. .. I
_ _ --,---,--.. __.. . . . ._.d'--_ _.
: .)

'('.-'" ' ,.
( ;; ";, '
 S·ECHET
• • • • • • • • • • , ¥

ANNEX Nt To TSO 32tA

··J AS:!
rfiCnl~-p)'otte··· "T l)e't:1.IPce"-- """"'·-·· "·["GlveiJ:~IlJil;;;;·""lRCis~lil·lbr"saziii'ci " _-",."",,,,,,,.,,,,,,..,, ,,,,-,_. ······· ··"·····r·i'lfiiPosi!tali··;:;t"It't0ii...····· · IDate Rdu;:;:;ei.l··
~ ~~,~~tl1: ..; _." .l.!~~I~~flle ..1 , __ ,, ,.. L" w• • " . , " .. . • • ,," ' ' ', ,,----t--- - ..

Received into C l'tSt(Kiy By . . . . . . . . . .' ~ ~~ " & ~ ~ . Returned to , .

. ... . . . . . . . . . .""""" _ -+--_ _., .

!
 SECReT

A NNEX N to ':.'3 0 321A

New 1• . 2007 EV.ONO.IXlCl5.006e

 CFNIS Centr al R egion
Daily Activity R eport
C
\l.
ECRf:T ~
Date:
• 29 Mar 07 .... .... .n.. ............... ...................................
• •• • • n . .. . . . ... . .. .. .... .. . ..
~~~ ----~~~ -~-"'- - - --

! Case Manager/Primary Investigator:

,Assigned Personnel:
'Ins
....... P. GFELLNER
_................................ ... ..... ......................... ........................................................... ................. ......... ............................................... - -_._--

ISgt CHAMHERI,AND
Me.I'1 JEFFERS
. . ...........-.•. --. .. • . . .. . . .. . . . . . . . . . . .. . . . . . . .. . . .. . . .. . .. . . . . _ . _ •• n _ _ . .._ ___ . _. . . . _ _ • __ ~ _ _ _•

__._----- ----
• •• n _ • •• _ • •• _ • • • • • •

_. - ------- -- ---- _ M _ M ____

........................................ .......... .......... ....... .............. .............. .......... .............................. ....................................., .......• ......... . ..... ~ , >O .... .... " . ~ _ ~_ . _ _ ._

.
__._------- _._ -----
_ . _ ._--- ,,--_ . _._---_ ._-- ,,---_ ._ . ~_ . ~-_ ._---~-,,~--- ----------_. _ ._.

._-_._. ,._-y_.. .... ...... .. ... ....I

i
.. ... .......... ..... ...............1

llS
~ ummary 0 fA cuviues:
. ..
I Morning of 29 Mar 07, Sgt CHAMBEm~AND worked on the interview plan for
members which took most ofthe morning,

Still no interpreteravailable for this file.

•A t 090{) 29 Mar 07 , MWO \VAT ( N contacted Insp

I identified 1:1, f
Counter Terrorism on '~
I
!A brief summarv of the interview of as provided as follows:
I Y

were afraid to come (0 Khandahar (0

nd were alive and

en mistreated by the military during !

•
SECRET
Nev. 14. 2007 EV,DND.OOO7.0090 1of3
 • MWO WATSON advised that the NIS was probing the detention and
alleged mistreatment of the detainees to determine the facts, and if warranted
take steps to protect Afghan citizens from any mistreatment was happy
the NIS was interested in this issue, and advised that he would do what he could
to rsuade the detainees to meet with the NlS;
.. cautioned that securing the cooperaticn and trust of the detainees would
til re time, and if the NlS attended the village. unannounced, the three would flee
to the- mountains and hide;
• MWO WATSON will continue to liaise with 0 secure a meeting and
interview with the three detainees;
• MWO WATSON indicated he was pleased with the interview. and his
entourage showed up nne day' earlv, and remained overnight to meet with \-1WO .
WATSON. As a result, only .ould speak to MWO WATSON, and the
remainder wished to depart> as t ley were hitchhiking and walking the trip to
Khandahar, and they did not want to travel at night, The group was
apprehensive about bandits.
.. MWO WATSON will review this interview, and transmit it back to Ottawa via
titan.

A brief summary of the interview of was provided as follows:

• The procedure for processing detainees at the ANP facility at KA"F is to

hold them for a maximum period of72 hours, During this period,
detainees arc investigated to determine if they have committed any
criminal offences. If they have committed any criminal offences) they are ,
turned over to the NDS and brought before a magistrate. If this
deterntinerion has not been made. the detainees are released:
~was taken to the Kha;'dahar hospital by the AN? and treated
for tV.1} days for the lnjuries he sustained prior to coming, into AN?
custodv:
• and were held lor eight days, but no
determination was made that the' had committed an criminal offences;

as the district and religious leader attended Khandehar I

in the company ono villagers to plead for the release of the detainee" i
All three ofthe detainees \ e ~ into ttL') t..'Ustodv as '

Nov. 14. 2007 EV.DND.OOO7.0090 2.3

 ." .. . " -
• MWO WATSON will revie rvidea more detailed
summary and transmit the interview vial titan for transcription,

At 0900 29 Mar 07, MWO WATSON contacted Insp Gfellner to advise that he
completed a interview of AN? Khandahar.
MWO WATSON advised tha stated to him that he did not take
custody 0 )f on 08 Apr 07 at KA!', MWO
WATSON a Vise e was provx e . WJ h te name ofanother ANP invesngetor who
receivedthe detainees into custody on that date. M'WO will update this task with the
.new name after referring to his notes,

;At 1424 hrs, Sgt CHAMBI'RLANn learned from Roseanne MacMILLAN, cr Health
i Service Group 1IQ Medical Record Section, that they have not received any medical
record involving Afghan National from KAY Mrs MaCMJLLAN related that if they
come across such documents they would contact Sgt CHAMBERLAND,

,Me pl JEFFERS is still getting acquainted with the details of this investigation,
/'

Summary Completed by :
! I r
1'~>~ nf

SECRET
I'kw. 14. 2007 EV.DND.OOO7.0090 aera
 ,Dale;
,I206pr97 m •_ _ .m • • • •m •• • • •

, Case Manager/Primery 'investigator:

~ In..l.l'...(...rF,r;l,I"N1:'~.m_._ m_m. ._ mmm_ _mmmmm.mmmm. mm.
Assigned Personnel:
Sgt CHAMBERLAND
l. .pI J,Cm l ,,,,,,,,
),,1(' ' l' l :,_RS
"-

MCpI PROVOST
MCpl 3 L01\DEA1.3
MC IRITCO

Summary of Activities:
At 0900 hr 12 Apr 07 lnsp GFELLNER contacted MWO WAT50N at KAF, Due to
the 0.1' tempo ill theatre, MWO WATSON has been unable to act ion any follo w-up o n
this investigation this TSON has received no word regarding ,
Or vishing to attend to speak with. him, lnsp
GFELLNER requested t 13t . IN) A 'SON tale the Initiative to provide a "goodwill ;
. ~ .,
gesture'; to the three to encourage their mooting with h im. The purpose of this gesture ~
is to build trust with the detainees who MWO WATSON has described (via the
guarantor) as "terrified" of the CF . MWO WATSON will action the request ,

Insp OFELLNER bad further conversations with LCol GARRIC K to secure the
translator and transcribing support for the investigation now that interviews have
commenced.

lnsp GFELLNER requested in writing for Maj MACEACHERN to hold off the
interview of potential subject MVs from Rote J as part ofthe investigation o fS up t
BLlZARD!!n.p RIDEOUT dealing with the allegations against the CFPM, M~i
MACEACHERN informed they would proceed with the interviews nevertheless.
Concerns of Insp GFELLNER documented to file. Leo! GARRICK was made aware
of these concerns. but advisedhe would not interfere in the Re M J' investigation.

Intcrprete~wH1 be reporting in for commencement. of trans Intion

services on 13 Apr 07.

Ground Force Commander tor

sniper team commander were both interviewed.

This date Sgt CHAMBERLAND made arrangement with _ to obtain training

;nrom]"!;,,n regardln ' ROE and Usc of Force th.t _ would have rc'Cciv~-d
~ {\ . . . . ~
1 0\ d ~? .

Nov. 14, 2007 EV.ONO.OOO7 .0l)9t

""
 . - - • ~y -

before deploying to Rotc I.

MCpl JEfFERS prepared 111e interview questions for scheduled fur

13 Ap r 07.

Mepl SHANNON and MCpl McNAUGHT to join the

, Ilrce on 13 Apr 07.
/

mary Completed by: I

SECRET
Nov. 14. 2007 EV.DND.OOO7.0091 2of2
 eFNIS Central !legion SECRET
Daily Activity Report

Date:
~~i\p!Q7 . . m m m m m m m mmmmmmmm m . m · m . _ •• m

Case Manager/Primary Jnvestlgator:

...l~~~l? errl!
L.: ?...:::..:.NFl<
~ :::.:.., ,,, , , ".. ' m"m'm ._ . _ . ~_ _ _ _

Ass igned Personne l:

Sgt CHAMBERLAND
MCr! JEFFERS
Mer! PROVOST
M CpIR!TCO
MCpl BLONDEAL
MCpl SHA NNON
Me I McNAUGHT . .... m m ' mom _ _. _ , _ ~ _.... . .. . _ ~ __, ~ , _ .._ ...

.
.i Summarv of Activities:
I
1. At 0800 24 Apr 07 MWO Watson contacted IIlSP Gfellner 1:0 ad vise of the
followi ng:
• .M\ VO Watson has contacted 'ho advised the
"goodwill gesture" will be very wen received in the community,
• None ofthe three detainees can attend to meet with M.WO Watson
for at least three weeks us they are planting crops at this time, and
receiving. approx thirty dollat'S a day. This is the period that they
earn the majority of theirearnings fix theyear.
'" MWO Watson requests interview plans torthe two terps in theatre.
. MWO Watson bas completed his interview with the NCm CO in
KAF. The interview will be forwarded to Ottawa on titan .
• MWO W atson advises he has conducted the searches fo r the medical
rec ords to r the detainees as requested at the TOe and the doctor's
trailer with negative results. \-nvo Watson will obtain the SOPI' at
the hospital. MWO Watson reaffirms that no records prior to June
06 can be located at KAF for the hospital operations. The KAF
SOPS state thar ali detainee medical files shoukl accompany the
detainee to his subsequent physician. M WO Watson adv ised tha t
subsequent Rotc medical files, including detainee files arc present in
KAF. No one at KAF has. an explanation fix the missing Row 1
files, otherthan to speculate that it was poor organization during the
startup of Roto I.
• MWO Watson advised the HOI was arriving in KAF next wee k,
Ins Qfellneradvised that the Il_QLw!'~2.r"",,<:<linga5 a se ara te

SECRET
Nov. 14, 2007 EV.DNO.OOO7.C1092
""
 SECRET
adrninistrative inquiry and any req uests for information or inquir ies
from the BOI should he directed to Insp Gfellner.
• The issue of questioning the wife or family members 0 vas
discussed was discussed ...ith the terp hy MWO Watson, who
advised this avenue of inquiry would be very sensitive within the
Afghan culture. The terp and MWO Watson recommend this
procedure be left. until the end of the interview, as it may terminate
further discussions with the detainees. For fu rther discussions.

2. MCrl. McNaught met with the ROC at 764 Comm Sqn w ho is in the process of
determining the amount of user mail information that may be available from the
servers of titan. Awaiting word.

3. The transcription of the interview of could not be located on the

tempest computer this date.

4. The invest team conducting the interviews in WR were off duty this date recovering
_._--_._- -_._---,-_
from the extended .._.. over
hours worked "
~._
the.previous weekend. _ ~ "

Summary Completed by:

SECRET
Nov. 14, 200 7 EV.DNO.OOO7.0092
' ''''
 SECRET
CFNIS Cen tral Region
Daily Activity Report

Case Manager/Primary Investigator:

DELLLNEll
Assigned Personnel:
Sgt CHAMBERLAND
MCpl JEFFERS
MCpl PROVOST
MCp! RITCO
Mepl BLONDE AU
M.Cpl SHANNON
MC I McNAUmrr

Summary of Activities:

L '1'1,;s date, MCp! McNAUGHT, MCplElLONDEAU and MCpl JEFFERS departed

10 return to home units for a couple of weeks,

2. Sgt CHAMBERLAND worked on administration of th is tiles (daily logs).

3. OKlO hIS. 9 May 07, Insp GFELLNER meet with CFNlS CO '1.'1d confirmed that
VeDS is asking for two full transcriptor for TF 764 ComnrSqn will be told to
j

expedite Titan searches and translator will be assigned and available for a possible
TAV at KAF.

4. 093(J hrs, this date, telephone conference with MWO WATSON at KAF and the
followi ng is learned:.... ..
• No word form to interview then three detainees;
.. Discussed issue on qua sty 0 interpreter;
'" Discussed to Jx)sfo}ibHltv to have a fully briefed interpreter from Canada to
initiated contact witl better control witnesses interview of
c:===
(J

and
,.. Interpreters. interv iew plan to be seur on Titan.

5. UOO hrs, 9 May 07, Insp GFELLNER, Sgt CHAMBERLAND and Capt
W!LLlA~\4S meet and discussed the management of the otherdetainee related files.
Capt WILLfAMS is currently working on business rules. for major case management
for SAMPIS. It was decided \0 use this principal on SAMPlS for the other detainee
related 1\10$ that are not designated secret. Ins GFELLNER and S

SECRET
Nov. 1-4 .2007 EV.ONO.OOO7.0093
""
 SECREt
CHA1\l1lERLAND to review, assess and priorities these files on 10 May 07. lnsp
GfBLLNER will be ti,e case manager and Sgt CHAMBERLANDthe lead investigator
to over view these files.Jnsp GFELLNER intention is to keep the same investigators)
which are assigned to this file. Each investigator would be assigned with a detainee
related investigation in their AOR, which will he overviewed by Sgt
CHAMBERLAND and case managed hy Insp GFELLNER.

leted by:
//
,
,
1.....

SECRET
Nov. 14, 2007 EV.OND.OOO7 .0093 ,.,
 SECREt
CFNIS Central Region
naily Activity Report

ate:
Ma '-Q7_ _ ._.................... . _ _ .._ _ 11
'e Manager/Primary Investigator:
HmlP._Gl~li! J,l'.gR ........................................ .................. ...... .................................................. . ...·..·· - - ....11
Assigned Personnel;
Sgr CHAMBERLAND
Mept JEFFERS
M Cp! PROVOST
MCri RITCO
Merl BLONDEA U
MCr! SHANNON
· iMcNAUGHT

Summary of Activities;

1. ]O()2 11,,;, 17 May 07, Sgt CHA,\-lBERLAND communicated with MWO WATSON
at KA F via secure telephone and the foHowing was.discussed and learned:
• Sgt CHAJ"iBERLAND providedMWO WAT~iC)N with a contact person tor the
interpreter to he use, this contact is to prov ided. CFNlS \\>itn support for the best
in terpreter;
• MWO WATSON was advised to initiate contact with in order
to interview the three detainees, MWO \VATSON sei t iat tl.11S wi! not
happened until J% June 07 t due to the fact tha t t he three dominoes were currently
away from their village harvesting. Further MWO WATSON said that he did
not want to scare them. Sgr CHAMBERLAND informed him that the last 4
interview were pending these three detainees interview.
• Interview plans for three detainees will be reviewed and sent to ,MWO
WATSON via Titan :
• MWO WATSON has located Mr _ (hospital interpreter) and Mr _
(CFNCIU Interpreter) and will be in interviewing them as soon as they bo th
return al KAF hom tasking; and
• MWO WATSON has made contact with
however seem to be a discrepancy 'in name between
CHAMBERLAND to verify with

2.1257 hrs, 17 May 07, Sgt CHAMBERLA},'D spoke with Maj U1ElNER., 764
Comm Sqn and learned that the Titan back up tapes were still currently at KAF.

}, This dntc,CHllS CO th",," ,h the Chain ,,[Command ro ne.Sled thatVCI)S hriefect

SECRET
Nov. 14 . 2007 EV.OND.OOO7.0094 '. 2
 SECRET
Gen GRANT to expedite the return of these tapes as it was holding up the CFN[S
Investigation.

4. This date, Sgt CHAMBERLAND continued making copies of VES to he sent to

Sgt tvH~1l.PHY in order to extract audio files for rranscript purposes.

-.-._-------_ .._.....••.. . .. . .... . . . . . .. . ... . . ... .. .. . . ... . . . .. . . .. . .. . .. . .. . .. . .. . .. . . . . ..

./ //

SECRET
Nov. 14, 2007 EV.DND_OOO7.0094 2 .2
 CFNIS Central Region
SECRET
Da ily Activity Report

une O? .......... ........ .... ...... .. ~ , • ••• • " '•• m " _ _ . _ _ " m. mm.m

CMCMan ager/Primary Investigator:

''!sEQ[J'!J··!'!I'R . . . __. . ._ _ _ .
Assigned Personnel:
Sgt CHAMBERLAND
Mel'] JEFFERS
SgtPROVOST
MCp! KiTCO
Mepl HLONDEAU
MCp] SHANNON
MC'D! McNAUGHT

Summary of Activities:

l , 0720 hrs, Insp GFELLNER spoke to MWO WATSON at KAF via secure telephone
and the following was lea!:'
.. ANP reported that
" ""'==
bv the Tali beu and assassinated

•
• MWO WATSON was informed of this infcrmation by ANI' this morning;
.. Speculation exist HUll rceived cooperation with coalition forces made
him a target for anti coalition foxes;
• MWO WATSON believed that it would be highly unlikely that investigators
will be able to l.mervlew the three detainees. Also th.at the good will gesture
good be perceived as col laboration with coalition forces;
• M\VO WATSON has requested 10 see any documentation with respect to
oath;
• . 1$ also uncertain if ANP investigate these type ofkillings;
and
• MWO WArSON related that he is dealing with 764 Com Squ at KAF.
however DZ)t optimistic that they will loc-ate the "Di.T" tapes in theater.
1
12. 0905 hrs. 4 June Or, was interviewed by MCpl JEFFERS
I! under chart;r and cautioned. The follow in information was learned;

SECRET
Nov. 14. 2007 EV.DNO.OOO7 .0095 ,.3
 SECREt

- - - -

3, ] O'!O hrs, this date, Im p GFFLLNER, Sg! CHAMBERLAND, Sg! PROVOST,

MCp] JEFFERS and MCrl McNAUGHT meet and disc ussed the interview of
:md d.erennine-d that the remainder of members interviews were

~ rs , this date, was interviewed by Meri JEFFERS,

_ was informed that based on infurraation learned earlier he was no longer a
subiect Df this i1J!:e~~i ~~it?~ but a ,w itness, _ related that he was not , od:;.'....I
;;.;,;;:

Nov. 14. 2007 EV.DNO.OOO7 .0095 2 of 3

 SECRET,
for that sudden change in his status and wanted to take some time to consult with his
unit. ~kcted not to be interview at this time and departed.

5. 1413 hrs, this date, Sgt CHAMBERLAND informed the ~ fthe

changes in the status of and requested to have all remaining members
contact Sgt CHAMBERLAND directly.

6. This dale, both . nd 'poke to Sgt

CHAMBERLAND and were informed of their status changes.

7. ]643 hrs, this date, Sgt CHA.MBERLAND 5POke to . and he

was explained that he was no longer a subject, however he refused to attend the CFNIS
CR 'for a 2r::d intervi ew,

iary Completed by: ,

I

SECRET

Nov. 14, 2007 EV.OND.OOO7.0095 ,.,

 SECRET
CFNIS Centra! Region
Daily Activity Report

Date;
14
m····June 07_.m.·..m m;m-~- m~m ~ · .
Case Manager/Primary Investigator:
I,,5p()1;1 ,IJ ,I'ICJ~ .m .m m m m m _ m m m . m mm m m mm . m _ m _ _ . _ m m m_ _
Assigned Personnel:
Sgt CHAMBERLAND (Lend Investigatorj
MCpl JEFFERS
Sgt PROVOST
MCplRlTCO
MCrl BLONDEAU
Mepl McNAUGHT
SGT MARONESE "ile Coordinator

.Summary of Activities:

1. 0800 hrs, 14 Jun 07, Jnsp GFELLNER spoke MWO WATSON at KAF and was
advised the following information:
• 7vtWO WATSON had imerviewed the interpreter who was present with _
_ during According to MWO WAT 'ON t interpreter
stated that during the course of the cp.• he came upo who was cuffed,
ncar his compound_sked the interpreter to ask vhat happened to
him. The lute rcte~ the uestion and stated that s~·a",;d!..'t;;;h",-at~"",,-r!...J
rhi"
LL"U"'l"e"rv","'
cl"'V"'W"'' ' 's'''r"C"'C"'lro a,'''·u=_n",e::r==11"'s~~1 1S
( = =c""e"'c'".r"o"'n"'«". = y"'s""e"n rr.'='''''o'''tu''a' 'v.'"''''
interpreter advised there was another interpreter present duriruz this OP, and may
have been in dose proximity to the apprehension of MWO WATSON
advised this other interpreter has been identified, and IS )(': wved to be in
Kandahar. },.lWO \VATSON is making arrangements to meet with this
interpreter and interview him;
N advised that he has requested a report 0/1 the assassination of
from ANP~as reported there is a report on this
mel e rs currently preparing it for release to MWO WATSON:
• MWO WAThON advised the likelihood cflocating ::;'_ _-1.....
n the near future is considered remote.

•
Noov. 14. 2007 EV.DND.OOO7 .0096 ,, "
 SECREl
material to Canada with him, and bum it to a CD and forward to Sgr
CHAMBERLAND. He advised that he could have the Information to Sgt
CIIAMBERLA}If) before July 0] ; and
• MWO WATSON was requested to lake photos of the interiors 01'1 l
,I

.2. At j 030 hrs, ]4 Jun 07, Insp GFELLNER spoke with Capt MOULE. CFN1S ITO)
i on assisting invest team to search thetitan backup material that is currently held by
i764 Comm Sqn. Capt MOULE advised they could image the dam at 764 Cornm Sqn,
Iand then set up a portable for invest team at CR, to allow the invest team to search the
idata base at that point This could not be accomplished prior to 19 Jun 07. Capt
MOULE was requested to liaise direct with Sgt CHAMBERLAND early In the
following week to make arrangements to follow-up on this.

3. At 1045 hrs, this date Sgt CHA"ABERLAND contacted the' eFB Bagotville .MP in
order to make arrangement to in1.ervic\'~1 [ Rotc 1 \1'P). It was the
learned thai . as been on stress leaveever since he has return from
Roto 1 (Aug VI}). :,gl CHA! BERLAND later spoke tol

4. At 1]30 hrs, this illite lnsp GFELLNFR reviewed the interview plan for Maj BOOT
i and returned it to Sgt CHAMBERLA>JD,
5. 1435 hrs, this date, Sgt CHAMBERLAND spoke to Maj MANCINI,
~ncl explained to him that during the interview of
ie had mentioned that he had notes regarding the incident and had. agreed
to provide these notes to Investigators. Maj "fANCJNl was requested to have - '
. contact Sgt CHA\-1HERLAND in order to make arrangement tor him to provide
copies of his notes.

6. 1440 ill'S this date Sgt CHAMBERLA IDcootac!edF", . 0 A "" I'D .. J II

II Ilmd land
~ Ul'l j'- "pt , A W LtK WHllOOK mto n .
!
7. 1450 hrs this date, Sgt CHA'vfBERLAND contacted I II
,
He agreed to be 1m , ' ~.IDeff~1~~~~~~. ~?~} Section located at
, .,
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Nov. 14, 200 7 EV.DNO.OOO7.0096 ,,,,,
 f'flf'T'
_ . ~~ 1
the Denison Armory at nOG hrs, J9 Jun 07,

8, 1520 hI'S, this date Sgt CHAMBERLAND spoke to' - and said that he had
looked for his notes however has not been able to find, he believes that he may have
d ' 1 said that his notes would consist of the meeting he had with
o organized the transfer ofdetainees before the or,

9, 1617 hrs, this date, Sgt CHAMBERLANDspoke to Cpl i·

MP 1'1 member via telephone in French, Sgt CHAMBERLAND explained to him that
he was the lead investigator on t ," <> -~ and Investigator m.-. edcd to conduct a
willies.') interview with him. C j greed to be interview at CFN1S CR at
0900 hrs, 20 Jun 07, Cpl 'aid that he wanted to he interview in French

10, This date, MepJ RlTCO and MCpJ BLONDEAU continued to eview the material
from 764 Cornm Sqn,

Summary Completed by:

/
!

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I'kw. 14. 2007 EV.DND.OOO7.0096 aera