O 192144Z NOV 09 FM AMEMBASSY OTTAWA TO RUEHC/SECSTATE WASHDC IMMEDIATE 0084 UNCLAS SECTION 01 OF 02 OTTAWA 000890 SUBJECT: CANADA: AFGHAN

DETAINEE CONTROVERSY REERUPTS 1. (SBU) Summary: In testimony to a House of Commons committee on November 18, a Canadian diplomat claimed to have filed numerous written reports in 2006 and 2007 from Afghanistan alleging that "all" Afghans detained by Canadian Forces and transferred to Afghan authorities likely faced torture or abuse. He alleged that Canadian officials knew of -- and deliberately failed to act on -- his warnings. Defence Minister MacKay responded that the testimony was without a "scintilla" of evidence, and claimed that the three opposition parties were engaged in a "witch hunt." He claimed that the Conservatives had "inherited" a flawed transfer process, which the government then fixed, while also investing more than $130 million so far in penal and judicial reform in Afghanistan since taking office. While seizing much media attention, the government's claim that there is no hard evidence - and no direct links between Canadian Forces and torture - should win the day after another round of short-term political skirmishing. Ultimately, neither major party wants to campaign on Afghanistan in the next election, whenever that may be. The present furor is unlikely to have a long-term or significant impact either on Canadian policy on Afghanistan or on

domestic Canadian politics. End summary. -------------------------------------DIPLOMAT "RED FLAGS" ABUSE ALLEGATIONS -------------------------------------2. (U) Canadian diplomat Richard Colvin told the House of Commons Special Committee on the Canadian Mission in Afghanistan (AFGH) on November 18 that "according to our information, the likelihood is that all the Afghans we handed over [to Afghan authorities] were tortured." The AFGH had called Colvin as a witness after he filed an affidavit in a separate probe by the Military Police Complaints Commission (MPCC) into allegations that Canadian Forces knew that prisoners they transferred to Afghan authorities faced a risk of torture. The probe is the second that the MPCC has launched since 2007 into abuses of Afghan transferees, prompted by human rights groups that had filed -and lost -- previous legal challenges to halt the transfers. 3. (U) Colvin, now at the Canadian Embassy in Washington, had served a 17 month tour in Afghanistan in 2006 and 2007, beginning in Kandahar in spring 2006 and then as DCM in Kabul. Colvin testified that he first began to red flag "serious, imminent, and alarming" problems with the treatment of detainees in May 2006, based on "credible sources," as well as his own exchanges with detainees in Afghan custody. He claimed that he had sent his reports to the senior ranks of the Canadian military as well as through diplomatic

channels. Colvin asserted that a "wall of secrecy" quickly surrounded his allegations, noting that "there was certain information that was seen as too hot potato." He alleged that Canadian officials (including David Mulroney, then-Associate Deputy Minister of Foreign Affairs for Afghanistan policy and now Canadian Ambassador to Beijing) had told him to stop putting his concerns in writing to avoid creating a paper trail. Colvin claimed that Canada's "complicity in torture" thwarted its military objectives in Kandahar by alienating the local population, causing Kandaharis to fear foreigners, thereby strengthening the insurgency. 4. (U) The government of Prime Minister Stephen Harper had signed a new prisoner transfer agreement with the Afghan government in May 2007, which provided for follow-up prison visits by Canadian officials to ensure that detainees were not tortured. Previously, Conservative ministers had defended the practice of turning over detainees to Afghan authorities based on an agreement negotiated with the government of Afghanistan by the previous Liberal government. Conservative ministers had also argued that the Red Cross previously monitored the treatment of prisoners in Afghanistan. ---------------------POLITICAL "WITCH HUNT" ---------------------5. (U) During the House of Commons' Question Period on November 19, the Official Opposition Liberals, quickly backed by the other two

opposition parties, called for a public inquiry into the allegations. Defence Minister Peter MacKay vigorously discounted Colvin's testimony, saying there was not a "scintilla of evidence" "no evidence, none, zero" - linking torture to the Afghan prisoners transferred by the Canadian Forces. He said that Colvin's testimony was based on "hearsay," including "Taliban information." He accused the opposition parties of trying to turn this into a political issue, describing it as a "witch hunt." He insisted that this government had acted to strengthen a weak prisoner transfer agreement inherited from the previous Liberal government, adding that the Liberals had not even instituted this agreement until a month before leaving office. "We instituted a more robust system of visitation. We instituted investments to improve those [prison] conditions. We instituted a more rigorous process of assisting Afghans with respect to human rights. We continue to work both with local officials and members in all departments to improve things." He noted that this government had since 2006 invested about $132 million to improve judicial and penal capability in Afghanistan. MacKay dismissed as "outrageous" one MP's allegation that Canadian officials had been ordered to hold back reports of detainee abuse under threat of sanctions. 7. (U) In a telephone interview on November 19 from Kabul while attending President Karzai's inauguration, Foreign Minister Lawrence Cannon asserted that "Canada has been responsive to the allegations of abuse and has taken them seriously. When we've had specific allegations of abuse, we've acted. And we will not tolerate proven evidence of

abuse." He added that "nothing has been proven here and we've changed the system. We have indeed cleaned up what was left to us by putting in place a new regime." FM Cannon also told reporters that he had met privately with President Karzai, who has "an immense task ahead." FM Cannon also noted that Karzai in his inauguration speech had made some "important and positive commitments" to good governance, merit-based cabinet appointments, and accountability. 8. (U) Prime Minister Stephen Harper, DefMin MacKay and his predecessor as DefMin Gordon O'Connor have all previously denied any knowledge of Colvin's reports. Previous Chief of Defence Staff (CDS) General Rick Hillier has also stated that he did not recall seeing them. 9. (SBU) Comment: These allegations are only the latest flare-up in the long-running controversy about treatment -- by Afghan authorities in Afghan facilities -- of Afghan detainees. The issue of detainee transfers has long been a convenient political football, dogging successive governments and hindering positive messaging on Canada's engagement in Afghanistan. Since the latest "fix" in 2007, the issue has continued to simmer due to various legal challenges by human rights groups, as well as the ongoing probe by the MPCC. However, there are few new points to score, especially since detainee problems unfolded under the watches of both Liberal and Conservative governments. The bottom line is that the Canadian public by and large is not engaged on the issue, and neither of the two major parties want to

escalate Afghanistan as a future election issue, making it unlikely that the present furor will have a long-term or significant impact either on Canadian policy in Afghanistan or on domestic Canadian politics. JACOBSON (Edited and reformatted by Andres for ease of reading.)