On Torture and the Canadian Democracy

On Torture and the Canadian Democracy

Description image by Darren Thorne International lawyer, human rights expert, and development consultant.
  • First Posted: Mar 22 2010 07:23 AM
  • Updated: 10 months ago

It's fine to tout the benefits of exporting democracy, but ultimately it's at home that we must show that we believe in these principles.

Now that the dust from the Vancouver Olympics has settled, two things are clear: First, if any of us ever hears the hackneyed phrase “Own the Podium” again, it’ll be too soon. Second, the warm glow of Canadian Olympic pride has apparently not outshone the spotlight on the Aghanistan detainee scandal, as some had feared, and others had probably hoped.

Now that the House has once again been permitted to sit, the matter continues to unfold. The latest developments involve another government official – this time a former second in command of the Canadian Embassy in Kabul – coming forward to say that she had warned the government of the day about of the likelihood of detainee torture as far back as 2005. In addition, the Harper administration has recently appointed former Supreme Court Justice Frank Iacobucci to review all of the government’s documentation relating to the issue, in order to help determine what should be released to Parliament. Not surprisingly, Parliament believes that it should see everything.

As a refresher to those who have had better things to do than tracking the myriad twists and turns of this saga, here is the basic story. For the past two years, the Military Police Complaints Commission has been investigating peripheral Canadian complicity in the torture of detainees in Afghanistan. The issue is whether Canada transferred prisoners when we knew, or should have known, that they were likely to be tortured – a violation of international law, this is serious business, indeed. The Conservative Government has repeatedly claimed it had no such knowledge, and never received credible evidence to support such allegations. In October 2009, an experienced diplomat who had been posted in Afghanistan, Richard Colvin, testified to the contrary, alleging that he had repeatedly warned the government of such events, and had included specific allegations of such torture made by a transferred detainee. So the question is: what, if anything, did the government know of this, and did it continue a policy of transferring prisoners to Canada’s Afghan partners, despite knowing that they would be tortured thereafter?

When Colvin’s assertions came to light, the Harper Administration’s response was to immediately shoot the proverbial messenger, unleashing a backlash of recrimination against the civil servant. The insinuations were ugly and far from subtle: Colvin was a “dupe” of the Taliban; he was naïve; he was a fool who had been misled by the terrorists, and now he was unwittingly being used as their tool. The subtext was that Mr. Colvin had been “had,” and, for all intents and purposes, had been subverted. In the government’s view, the allegations were absurd. After all, who could possibly have imagined that an experienced career diplomat, who had worked on a daily basis on the ground in Afghanistan for years, could possibly be as informed about the realities of the situation as a politician thousands of kilometres away who periodically received a briefing note about matters there? The very notion was apparently preposterous.

So when the diplomat’s testimony came to light, Peter McKay angrily stood in the House of Commons to denounce Mr. Colvin, thundering that there was not one shred of evidence or even one reported case supporting the claims.

Except, of course, it turned out there was. Within a couple of weeks, Canada’s top general would acknowledge that the military had received exactly that sort of claim: evidence that a prisoner captured by our military in 2006, and handed over to Afghan authorities had then been abused. From this, it would seem that Mr. Colvin wasn’t such a dupe after all. Not surprisingly, the furor surrounding this matter would then grow exponentially, with the Opposition parties baying for more information, while the Conservatives insisted that the issue wasn’t worth discussing. Tempers flared, allegations of a cover-up flourished and ultimately (though coincidentally, according to the Harper Administration) parliament would end up prorogued.

TAGS: Politics

Comments

Re:Marks

rules of engagement

Interesting article which raises a rarely discussed point - why did the Harper government behave so stupidly on this? Why not simply admit what they must have known? Was it an example of the corruption of power? People in power who are angered at having their actions questioned? Harper does react badly to criticism. Is it possible, on the other hand, that they actually felt that a bit of torture here and there was a necessary part of this mission? Perhaps they did not personally like it, but you had to be tough with these guys. That being tough, torturing, would gain respect from the Afghan people? It certainly gained them respect from a segment of the Canadian people, those who regularly write in comment forums defending the transfers. It appears that the Canadian educational system is missing a few courses on the ethical treatment of combatants. Are our children too tender to be taught about war? Since the members of the Harper government are all adults, it appears that public schools have been failing to discuss this important subject for many years. The new citizenship guide spends quite a bit of ink on our military history - from the point of view of victory and what a strong military has achieved in the past. Perhaps it should add a paragraph or two about how earlier generations treated prisoners of war.

Brent Beach

Dear Mr. Thorne, I not only like what you write - but also the way you write and I'm happy to have found you. Of course I agree with everything you have to say in this article - especially your comments about starting with human rights violations right here in Canada. What surprises me to no end is: given all your 'expertise on human rights' how on earth - did you MISS the human rights abuses and Federal Political promotion of the Ethnic Cleansing of Anglos Rights and Freedoms that has been going on for over 30 years? Now, I believe I wrote you before - but for some strange reason - my comment was not posted. I'm sure it must have been a 'glitch' in your system ?? ... so here it is again -and - here is a link that details the undeniable TRUTH for your perusal. And I certainly look forward to your discussions on this CRUCIAL subject that has already resulted in the biggest mass migration of a people - since WWII ! BUT - that 2.5 MILLION Quebeckers are STILL subjected to - every single day. I know you are a man of HONOR - and therefore anxiously await - your reply. http://www.politicallyincorrectandproudofit.net/index/so-far-600-000-english-quebecers-forced-to-flee-canada-s-dirty-secret Didi Miesen

Didi Miesen

This is a great article. Reminds me of the James Madison quote: "A popular government without popular information or the means of acquiring it, is but a prologue to a farce, or a tragedy, or perhaps both." On one point, the Conservatives could not take the approach suggested in the article after Colvin gave his evidence because they had inisted, under questioning by the Opposition in the House, for many months that there was no problem with Afghan detainees, even while they were receiving reports from Colvin, and others, that there was a problem. Finally, under the pressure of news reports they took action, at least to strenghen the original agreement. Both Liberals and Conservatives have questions to answer but the Liberals are prepared to face a public Inquiry, and the Conservatives are not. Their only response is to attack their critics with ridiculous accusations of not supporting the troops. So far, the only people who have been investigated ARE troops, and this Conservative government pretends to defend them while hiding its own actions.

Diane Wickens

In wartime a nation like Canada may indeed find itself working with partners of a operating at a lower ethical standard as you suggest. However, my understanding is our western allies in Afghanistan seemed to have figured this out and found ways to deal with it a long time ago. Again, Canada's reputation for trying to do the right thing takes a hit.

Michael Hill

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