Meanwhile, at the Federal Court

By Aaron Wherry - Friday, September 30, 2011 at 12:27 PM - 5 Comments

A government appeal to limit the scope of an investigation by the Military Police Complaints Commission has been rejected.

A Federal Court has dismissed an application that would, among other things, strike the testimony of diplomat-whistleblower Richard Colvin and block thousands of pages of documents from being used by the Military Police Complaints Commission…

Justice Department lawyers argued the commission had no authority to call witnesses who were not members of the military, such as Colvin, who said he repeatedly warned both Foreign Affairs and the Defence Department about possible prison abuse … The government also claimed that the watchdog, created in the aftermath of the Somalia scandal to monitor the conduct of military police, exceeded its mandate by issuing summonses for documents.

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…

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.

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…

'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.

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.

The Colvin encyclopedia

By Aaron Wherry - Sunday, December 6, 2009 at 1:31 PM - 25 Comments

A collection of documents, testimony and news reports related to Richard Colvin and Canada’s handling of Afghan detainees. The Colvin encyclopedia is updated as events warrant.

Continue…

The redacted Colvin memos (II)

By Aaron Wherry - Wednesday, December 2, 2009 at 3:46 PM - 5 Comments

The Star reports that it was Peter Tinsley, commissioner of the Military Police Complaints Commission, who allowed today’s release after selective leaks elsewhere. The NDP’s Paul Dewar says that what has been redacted in one report is a general reference to the possibility of “torture” and other abuses.

“By redacting just that one sentence, the government was able to cover up knowledge of extrajudicial killings and torture in Afghanistan,” Dewar said, citing this as an example of overzealous censorship. ”This is precisely why Canadians can’t trust any document with redactions from this government.”

The Commons: 'If it has been doing such a good job, what does it have to hide?'

By Aaron Wherry - Tuesday, December 1, 2009 at 6:10 PM - 11 Comments

The Scene. From his seat, John Baird adjusted his tie and buttoned his jacket before Michael Ignatieff had even begun to speak. Though in Toronto hours earlier for an announcement, the Transport Minister had apparently rushed back to the capital so that he might pronounce on the government’s behalf on a file for which he has no authority.

Mr. Ignatieff finished asking when the government would release all documents relevant to the handling of detainees in Afghanistan and it was then Mr. Baird’s place to stand, his jacket conveniently prebuttoned, to explain how this was really a question about Supporting The Troops.

“Mr. Speaker, the government has been entirely clear. We will continue to provide all legally available information,” he said, employing a phrase that continues to escape all definition. “There are longstanding practices not just of this government but of other governments and even mandatory legal requirements that we will continue to follow. It is a responsibility that those of us on this side of the House take seriously because the number one priority must be the safety and the security of men and women in uniform.”

Having apparently learned a thing or two from the government’s display yesterday, Mr. Ignatieff stood here and leaned forward to demonstrate that he too could refer favourably to a general. “Mr. Speaker, last week in his testimony General Gauthier said that he hoped Parliament would have access to the documents on this question. It still has not happened,” he reported. “After weeks of withholding evidence, how are Canadians supposed to believe now that the government will provide full and uncensored documents to the parliamentary committee so that it can get at the truth of this matter?”

Mr. Baird took the opportunity to pronounce shame on Ujjal Dosanjh, the Liberal defence critic. Mr. Dosanjh’s crime? Apparently repeating a newspaper columnist’s negative assessment of the testimony provided last week by various Canadian generals. It is unclear under which article of the Geneva Conventions this particular sin would fall. Continue…

Black out

By Aaron Wherry - Tuesday, December 1, 2009 at 1:17 AM - 39 Comments

The Globe’s Paul Koring reviews 80 documents provided to the Military Police Complaints Commission and finds them an unsatisfying read.

The heavily redacted documents, obtained by The Globe and Mail, underscore the sweeping nature of the government’s efforts to keep the documentary record from the Military Police Complaints Commission, which is attempting to conduct an inquiry into allegations that Canada knowingly transferred prisoners to likely torturers in Afghanistan…

In the material delivered to the MPCC, government blackouts render unreadable many of the documents, some drafted by Mr. Colvin. The sweeping redactions were imposed even though everyone who works with or serves on the MPCC must have at least “secret” clearance and all of the senior investigators, as well as the panelists who would conduct the inquiry, have the highest security clearances…

Some documents dating back to spring of 2006, a full year before ministers and senior officers said they first heard of abuse allegations, are entirely blacked out. Others have whole sections censored.

What do we know for now?

By Aaron Wherry - Friday, November 27, 2009 at 9:30 AM - 2 Comments

In lieu of Richard Colvin’s memos, there is, again, Richard Colvin’s affidavit and what he says there about those memos. In that affidavit, filed for the Military Police Complaints Commission, Colvin describes sending seven memos before the Globe’s report of April 23, 2007.

Here are the dates and tracking numbers for each of those, with whatever description Colvin has provided of the content. Continue…

'I’m not getting into the personality, the professionalism'

By Aaron Wherry - Wednesday, November 25, 2009 at 2:02 PM - 20 Comments

Peter MacKay maintains he never saw Richard Colvin’s reports, only that he received briefings to which there were attachments of which Mr. Colvin was a contributor. A month ago, for the record, Mr. MacKay said he did not heard the name “Richard Colvin” until the diplomat became involved in the Military Police Complaints Commission hearings.

'I have personal knowledge of the matters hereinafter'

By Aaron Wherry - Thursday, November 19, 2009 at 1:43 PM - 0 Comments

Still awaiting the full transcript of Richard Colvin’s opening statement at committee yesterday (it should, hopefully, be available at some point this afternoon). In the mean time, the Star has made available the affidavit he provided to the Military Police Complaints Commission.