Tortured math

By Aaron Wherry - Thursday, June 23, 2011 at 10:35 AM - 0 Comments

When Foreign Affairs Minister John Baird turned up at the podium yesterday afternoon, he announced as follows.

Just now, on behalf of the Government of Canada, I tabled documents relating to Canadian-transferred Taliban prisoners reviewed as part of the Ad Hoc Committee process in the last Parliament.  This concludes that process which has cost Canadian taxpayers over $12 million.

As it turns out, the cost for the parliamentary review—in which documents were reviewed by an ad hoc committee of MPs and a panel of former judges—was something closer to $4.5 million.

Baird said the process cost $12 million, but a government official later admitted that amount includes the cost of producing and redacting documents for two proceedings at the Military Police Complaints Commission. The commission spent months conducting hearings on a complaint by Amnesty International. The cost to find and redact documents was $10 million, of which $7.5 million is due to the commission hearings, Baird spokesman Chris Day wrote in an email. ”The remaining $2 [million] relate to remuneration and disbursements associated with the work of the panel,” he wrote.

What they should have known

By Aaron Wherry - Tuesday, April 5, 2011 at 9:47 AM - 15 Comments

The Harper government is once more seeking to limit the purview of the Military Police Complaints Commission.

The federal government already argued successfully in 2009 that the findings should be limited to what military cops knew or could be reasonably expected to know, but now Ottawa is challenging the definition of what the military police should have known. The federal government wants to narrow the definition so that it includes only information the military police would have physically possessed — such as being copied on an email — instead of what they may have been able to find out by asking questions.

'This is our final opportunity to have this issue taken seriously'

By Aaron Wherry - Thursday, February 3, 2011 at 10:35 AM - 11 Comments

Murray Brewster covers the last day of hearings at the Military Police Complaints Commission.

The issue of the treatment of Afghan prisoners has fallen off the political map, something Neve lamented.”We have tried so many different ways to have that issue taken seriously,” he said Wednesday just before the hearings concluded.

Gilles Duceppe said in December that the committee of MPs charged with reviewing documents related to the treatment of detainees would have something to release in January. After QP on Tuesday, he was reminded of that. Continue…

Burn the witch

By Aaron Wherry - Tuesday, December 7, 2010 at 10:56 AM - 44 Comments

A Conservative spokesman deftly reduces Peter Tinsley’s biography to 13 words.

“There’s no shock in seeing a Liberal appointee running for the Liberal Party,” said Fred DeLorey, spokesperson for the federal Conservative Party.

Mr. Tinsley was indeed appointed chair of the Military Police Complaints Commission by Paul Martin’s Liberal government in December 2005. Seven years earlier, after taking part in the prosecutions that followed the Somalia affair, Mr. Tinsley was appointed director of Ontario’s Special Investigations Unit by the socialist government of Mike Harris—a radically left-wing administration that included known communists Jim Flaherty, John Baird and Tony Clement.

The paper trail

By Aaron Wherry - Wednesday, October 6, 2010 at 4:04 PM - 0 Comments

While the Military Police Complaints Commission continues to go over what was known, what was believed and what could be proven about the treatment of detainees in Afghanistan, the NDP has released a memo drafted by Richard Colvin in June 2007—apparently obtained through an access to information request—that details three allegations of abuse.

The visit reported in the memo came six weeks after the Globe’s pivotal reporting of detainee abuse. Transfers were halted in November 2007 after an embassy official heard an allegation of mistreatment from a detainee and was directed to the electrical cable allegedly used.

What we now know

By Aaron Wherry - Tuesday, September 14, 2010 at 3:17 PM - 0 Comments

Detainee transfers were halted in May 2009 after an Afghan intelligence officer bragged of torture. Two allegations of mistreatment from later that year have now come to light.

Military Police Complaints Commission hearings have resumed and, while testifying, a Canadian general defended Afghanistan’s NDS (“these are not torture chambers per se”). After reviewing new documents, the CBC figures Canada has transferred in excess of 400 detainees to Afghan authorities. The Hill Times reports that the government was preparing in 2007 to deal with difficult questions.

Meanwhile, the Brits have completed their own review of detainee policy and practice.

'It was my No. 1 priority, but my bosses had other priorities, too'

By Aaron Wherry - Friday, June 18, 2010 at 4:28 PM - 4 Comments

As the Military Police Complaints Commission hearings continue, perhaps as many questions are raised as are answered.

Former diplomat Nicholas Gosselin visited Afghan detention facilities at least 38 times, but conducted only a handful of interviews with prisoners in the months after a bombshell allegation that a Canadian-captured detainee had been beaten with electrical cables. The revelation stunned both the inquiry chair and the human-rights group that prompted the continuing torture inquiry.

Gosselin told a Military Police Complaints Commission inquiry Tuesday that there often wasn’t time to get in to a question-and-answer session with inmates of either the Afghan intelligence jail, or the notorious Sarpoza prison.

“It wasn’t that there wasn’t a will,” said Gosselin, whose job at the Kandahar provincial reconstruction base included monitoring prisoners. “It was my No. 1 priority, but my bosses had other priorities, too.”

Day 15 of 14

By Aaron Wherry - Wednesday, May 12, 2010 at 1:07 PM - 19 Comments

All parties are scheduled to return to the table to resume negotiations on Afghan detainee documents at 3:30pm this afternoon.

The Military Police Complaints Commission hearings, meanwhile, continue—with reports this week of wrangling between Foreign Affairs and National Defence, the firing of an Afghan official after a report of torture and disagreement over the circumstances of one detainee.

The Board of Inquiry report (III)

By Aaron Wherry - Monday, May 10, 2010 at 12:51 PM - 7 Comments

Sebastien Jodoin, a law fellow at Amnesty International who is participating in the Military Police Complaints Commission proceedings, sent along some unsolicited thoughts on the BOI report late last week. When I asked if I might post those thoughts here, he sent along more thoughts.

Mr. Jodoin was previously cited in this space here. You can judge his credentials and music tastes here. He obviously has a particular perspective on this matter. Make of his thoughts what you will. Continue…

While we wait

By Aaron Wherry - Friday, April 30, 2010 at 2:23 PM - 1 Comment

A former diplomat told the Afghanistan committee this week that the first officials heard of specific allegations of torture was when the Globe and Mail reported as much in April 2007.

A military official told the Military Police Complaints Commission that documents related to the handling of detainees are being stored in a shipping container in Afghanistan and may take years to locate.

And, amid new testimony gathered by the Canadian Press, the Canadian Forces is investigating whether soldiers killed an unarmed teenager—an incident raised two weeks ago during testimony at the Afghanistan committee.

Throwing a perfect game in a Third World prison

By Aaron Wherry - Thursday, April 22, 2010 at 8:14 AM - 9 Comments

While most everyone was paying attention to other matters across the hall, our former ambassador in Kabul appeared in Centre Block’s other grand committee room yesterday afternoon and neatly summed up Canada’s position on torture in Afghanistan.

“Our reports for several years indicated that there was a high likelihood that torture was going on in Afghanistan detention facilities. However, we were confident that, based on information we had, that no Canadian transfer detainees had been abused or mistreated,” said David Sproule, Canada’s ambassador in Kabul from October, 2005, to April, 2007.

Meanwhile, the Military Police Complaints Commission has decided upon a novel response to the delayed delivery of detainee documents: it’s called the officials responsible for such documents to testify.

The Commons: ‘I’m sorry if there’s been any confusion’

By Aaron Wherry - Wednesday, April 21, 2010 at 7:38 PM - 51 Comments

The Scene. The Prime Minister seemed in a rather foul mood. Perhaps he was disappointed in himself. Perhaps he was merely upset with just about everyone around him.

With the first opportunity in Question Period, Michael Ignatieff stood and demanded the Prime Minister apologize, on behalf of the government, for a Conservative backbencher’s press release that likened the nation’s police chiefs to cult leaders and accused them of corruption.

“Will he condemn these disgraceful remarks?” the Liberal leader wondered.

Stephen Harper would not. He would instead note that the backbencher had apologized, that the assistant who had put those words in the backbencher’s mouth had resigned and that, anyway, the real problem here was the Liberal leader’s position on the gun registry.

Mr. Ignatieff came back with an accusatory finger, demanding the Prime Minister answer the question. And so here came the Prime Minister, yelling and pointing and carrying on. “Of course we all agree with that apology,” he offered of his backbencher’s retraction, “and we accept that apology.” And then he again turned on the Liberal leader, upon whom said backbencher had wished metaphorical violence. Continue…

'I find that to be close to offensive'

By Aaron Wherry - Tuesday, April 20, 2010 at 12:38 PM - 25 Comments

Less than a week after the government’s man pontificated on what was, or wasn’t, revealed in unredacted versions of detainee documents, the Military Police Complaints Commission is told it will be allowed to see whatever the government says it can see whenever the government decides the commission can see it. Glenn Stannard, the former Windsor police chief who now presides over the MPCC, isn’t impressed.

“The documents will be given to your counsel when they are good and ready,” Justice Department lawyer Alain Prefontaine told the complaint commission.

The tone of Mr. Prefontaine’s response prompted astonishment from Glenn Stannard, the acting chair of the commission. “I find that to be close to offensive, not only to this panel but also to the public,” Mr. Stannard said. “The government of Canada can’t tell us how long it’s going to take to get the documents?”

More from the Canadian Press, Star, Canwest and Sun.

'Just a real silly question then: any reason why we don’t have it?'

By Aaron Wherry - Wednesday, April 14, 2010 at 12:36 PM - 98 Comments

The Globe’s Steve Chase nicely captures an absurdist moment at the MPCC hearings yesterday.

The full transcript of Richard Colvin’s testimony yesterday can be downloaded here.

The Commons: In other news

By Aaron Wherry - Tuesday, April 13, 2010 at 6:52 PM - 46 Comments

The Scene. When all of this is past, and Helena Guergis has either been redeemed or forgotten or both, various members of this government might send her a polite note of thanks. Peter MacKay in particular.

If not for Ms. Guergis’s unfortunate spring, it might very well be much worse for the government side. If not for the opposition’s eagerness to chase the mystery of Ms. Guergis’s misdeeds—rightly or wrongly, justifiably or not—the questions would be far more profound and far less easily dismissed. As it is, every question asked about who may or may not have alleged what she may or may not have done and why we may or may not ever know about any of it, is a question that does not involve the phrases “torture” and “Asadullah Khalid” and “Afghanistan.”

Indeed, every question about the affairs of the former minister of state for the status of women is one less opportunity for Peter MacKay to stand up and say something silly. And for this we are all surely the poorer. Continue…

Colvin redux

By Aaron Wherry - Tuesday, April 13, 2010 at 12:32 PM - 16 Comments

Richard Colvin is in Ottawa today to testify at hearings of the Military Police Complaints Commission. The morning was mostly a repeat, with some added detail and commentary, of his testimony at the special committee last year. Early reviews are in from the Globe, Canadian Press, CBC, Canwest, Star and Sun.

The Colvin encyclopedia is fully up to date with the latest relevant links and background.

Meanwhile, Derek Lee and Jack Harris responded yesterday to the government’s response to the opposition’s question of privilege on the House order to produce documents. Tom Lukiwski and Jim Abbott then commented for the government. The Speaker thanked all for their submissions and said he would now be considering the matter with a judgment to be delivered in due course.

The text of the discussion if available here.

'Yeah, those allegations, they occurred, and we're doing the best we can to not have them happen in our custody'

By Aaron Wherry - Thursday, April 8, 2010 at 5:45 PM - 20 Comments

Reports from today’s Military Police Complaints Commission from the Globe, Canadian Press and Sun.

Richard Colvin is now scheduled to testify before the MPCC on Tuesday.

Skipping as if towards freedom

By Aaron Wherry - Thursday, April 8, 2010 at 1:20 PM - 15 Comments

As Canwest notes, Sgt. Carol Utton testified this week at a Military Police Complaints Commission that detainees were “delighted” to be handed off to the NDS.

Unnoted is the explanation, provided by Sgt. Utton a few questions later, as to why detainees might be so eager. The following is from a transcript of Sgt. Utton’s testimony provided to reporters last night. Continue…

CSIS in Afghanistan

By Aaron Wherry - Sunday, March 7, 2010 at 1:33 PM - 65 Comments

Canadian Press details the involvement of CSIS in the interrogation and transfer of detainees.

The spies began working side-by-side with a unit of military police intelligence officers as the Afghan war spiralled out of control in 2006, according to heavily censored witness transcripts filed with the Military Police Complaints Commission.

The spy agency’s previously unknown role in questioning detainees adds a new dimension to the controversy about the handling and possible torture of prisoners by Afghan security forces. It also raises more questions about the critical early years in Kandahar when the Canadian military found itself mired in a guerrilla war it had not expected to fight.

What has changed in Ottawa in two months?

By Andrew Coyne - Monday, March 1, 2010 at 11:28 AM - 121 Comments

Parliament returns, to a changed political landscape. As late as mid-December, the Conservatives were still leading the Liberals by eight to 10 points. Two months and one prorogation later, the parties are statistically tied.

Yet the Conservative lead had begun to slip even before the disastrous decision to prorogue Parliament. At their mid-October peak, in the aftermath of the Liberals’ equally disastrous attempt to force an election, the Tories stood as much as 15 points in front. Prorogation, indeed, was supposed to arrest that decline.

And while the Conservatives may hope to put the prorogation debacle behind them, the fundamental reasons for their four-month tailspin have not changed. One of these is an improved showing by the Liberal leader, Michael Ignatieff, for whom prorogation has proved something of a gift: a chance to shuck off the persona of the scheming politician he had adopted, in favour of the high-minded wonk within.

Continue…

'A free society requires access to the facts'

By Aaron Wherry - Tuesday, February 9, 2010 at 1:33 PM - 17 Comments

In response to an attempt by a government official to save the Canadian Press a few dollars on reprinting costs, Jack Layton attempts to explain the riddle that is access to information.

Meanwhile, NDP Leader Jack Layton highlighted the problems within the federal Access to Information regime by releasing two copies a memo from diplomat Richard Colvin on the subject of Afghan detainees. Only a few words were redacted in the memo as it was publicly released by the Attorney-General to the Military Police Complaints Commission. But, when released by the Department of National Defence under Access to Information legislation, it was redacted almost in its entirety…

“A free society requires access to the facts. That’s fundamental. And the government can’t simply say we are going to protect ourselves by building walls around the truth. That’s not right. And [Prime Minister Stephen] Harper used to say that but then again he used to say a lot of things.”

That memo in its dueling forms can be viewed here and here.

The watchdogs

By Aaron Wherry - Tuesday, January 26, 2010 at 5:09 PM - 54 Comments

The Globe, Canadian Press, Star, and CBC report from the appearances of the former president of the Nuclear Safety Commission, the former chair of the Military Police Complaints Commission and the former chair of the RCMP public complaints commission at a Liberal forum this morning. From the Globe’s account.

More diplomatic was Peter Tinsley, whose term as chair of the Military Police Complaints Commission, was not renewed last year. The commission made news for probing the Afghan detainee controversy, the same hot-button issue that many observers say forced the Tories to prorogue Parliament this winter.

“The perception has become widespread that something is not quite right in the system,” Mr. Tinsley said. Too often, he said, political “horsetrading” and unelected staffers play key roles in hiring and firing watchdogs that serve at the whim of the government they are appointed to criticize. ”The potential for abuse itself does not bode well for good governance,” Mr. Tinsley said.

Three of a kind

By Aaron Wherry - Wednesday, January 20, 2010 at 12:01 PM - 72 Comments

As reported by the CBC’s Alison Crawford, the former chair of the RCMP Public Complaints Commission, the former Military Police Complaints Commissioner and the former head of the Nuclear Safety Commission will speak at a Liberal-organized forum on governance next week.

Kennedy had wanted to see through expected legislation on providing civilian oversight for the RCMP.  His reports included blunt criticism about how Mounties take notes, handle Tasers, investigate themselves, etc. And in the last days of his tenure, Kennedy lashed out at RCMP Commissioner William Elliott, accusing him of trying to delay the publication of several of his reports.

The government also refused to renew Tinsley’s appointment, even though he wanted to continue his work on the Afghan detainee issue. And Keen, who was fired while serving her second term as head of the CNSC, accused the natural resources minister of ignoring her advice to close the Chalk River nuclear facility.

Happy holidays

By Aaron Wherry - Monday, December 21, 2009 at 5:02 PM - 23 Comments

Laurie Hawn writes to inform the Afghanistan committee that Conservative members won’t be attending tomorrow’s meeting. It appears the committee will carry on without them. Meanwhile, Tim Naumetz of the Hill Times obtains classified transcripts from the Military Police Complaints Commission inquiry.

Maj. Kevin Rowcliffe, then a staff adviser to Lt.- Gen. Michel Gauthier, second in command of the Afghanistan mission under Mr. Hillier, was concerned even in early stages of the Afghanistan mission of the potential for torture abuse and expressed concern at the very top that Canadians were transferring detainees to Afghan police and intelligence forces “not knowing what happens to them after they’re handed over.”

Maj. Rowcliffe and two other Military Police officers who were interviewed for the Military Police Complaints Commission inquiry revealed a state of “mass confusion” over transfers, scarce resources for military police in Kandahar and concern from the police themselves over the way generals in Ottawa, under pressure from the government, were handling the detainee controversy as it later made front-page news in Canada and burst onto the House of Commons floor.