TABLED I DEPOSE MAR 252010

~

BLANCHETTE

RELEASED MARCH 22, 2010

MC3R1 DRAFT:

REFILE:N TYPE:FREEFORM ACTION:R

INFO:R

DTG:20071' •••• ZPVt/:

CLASSIFICATION:SECRET ORIG NO:JTFA HQ 061 INSTRUCTIONS:

CAVEAT:

MINMIZE:

SICS:

ADDRESSES:

AODR PROSIGN:FM

ADDR::PLA:CDN TFA NCE KANDAHAR ADDR_FD:

AODR ZEN:N

AODR -PROSIGN:TO ADDR::PLA:NDCC OTTAWA ADDR FD:

ADDR-ZEN:N

ADDR - PROSIGN:INFO ADDR-PLA:CEFCOM HQ OTTAWA ADDR-FD:J3ICOMMAND CENTRE ADDR:ZEN:N

END ADDRESSES;

FILE::NO:1630-2 (J3) DIST:

DRAFTER :A.R. SHIELDS, CAPT 00 RELEASER_:M.D. MAC CALDER, CAPT AJ3

EXOP:O

EXOP NAME:OP ATHENA JTF AFGHANISTAN ROTO 3 SUBJECT:.'''' 812 011 ( bUB - CIS 2 62' AllQEI!S

BODY TEXT: .

1. DATE, TIME AND LOCATION OF INCIDENT: 07

2. DESCRIPTION OF INCIDENT: WHILE ENGAGED IN A TIC CIS 2 ADVISED APPROXIMATELY 20 LOCAlS IN THE DANGER AREA TO GATHER INSIDE A GRAPE HUT

IN A SAFE AREA IT WAS DETERMINED THAI

INDIVIDUAlS WERE SUSPICIOUS AND WERE TAKEN ' •• FOR

iiTA.CiiT.IC.AL.QUEST10NING. THE TACTICAL QUESTIONING REVEALED THAT DETAINEES DID NOT WARRANT FURTHER DETENTION. THE WERE RELEASED FROM CUSTODY AND ARRANGEMENTS WERE MADE FOR THEIR TRANSPORT BACK TO WHERE

THEY WERE FOUND. DUE TO THE LATENESS IN THE DAY, ALL PARTIES AGREED IT WOULD BE BEST AND SAFER FOR THEM TO REMAIN AT_UNTIL THE NEXT DAY WHEN THEY COULD BE PICKED UP BY THEIR EMPLOYER. THEY REMAINED AS GUESTS A I MiERE THEY WERE GIVEN ACCOMMODATIONS, RATIONS AND WATER. THEIR

EMPLOYER PICKED THEM UP AT TAKEN TO KAF

AND M

KAFU

/

EDITOR_:

FOOD, AND WATER PRIOR TO Llo;;;r-,"", __ N A TAXI, TAXI REGISTRATION

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1 of 3

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201

"e

SECRET (when compiled)

ANNEX F toTSO 321A

TFA DETAINEE"

NG

20100317

1012

TFA DETAINEE TRANSFER RECORD

DETAINEE

RANK (if applicable)

(if applicable)

JTF-Afg MP Coy

ACCEPTING

At 7 rwcelved Info

.... 1 ordered

had medica at

and found tit for sufficient Afghlln funds for transpOrt to his residence.

ProvIdeds1lelt.r;"food IIIId .atIW Released at_

dItP1lrted KAF In a wi.

(original signed by) _

SECRET (when compiled)

CERTIFIED

416

•

SECRET (when compiled) ANNEX F to T80 321A

TFA DETAINEE #

SECRET (when compiled)

emorandum

To: The Commander

ce, sec, DCOM, COS, J5

From: l'OLAD

Date: 7112J07

Re: Updated SOPs for Post Tnmsfer Follow-Up Measures for Detainees Transferred by the

Canadian Forces in Afghanistan

SECRET CEO

Sit, :

~ are newly lWiscd Standatd Opcnlting Procedures fOJ POBt-Trao.sfel- Follow-Up MeasumI For·Detainees Transferred by the Canadian Forces in Mgbanistan, dated July 20, 2007. This memo higbliglits the changes between this version and its most recent predecessor version, dated May 14, 2007.

1. or the substantive changes, perhaps dJo IIIOCIt jmportIDt is the deletion in IV. 8 of tile

Id'tnmce to a DF AlT assessment "of the appropriatmcss of 1bc contUmed 1nmSfCI of dctaiDDes from the Canadiau Forces to Afghan authorities or to specific Afghan authoritiesJlOC&1ions." Similarly VIll. 19 no longer contains a reference to the provision to the Canadian Forces of a DF AIT "assessment of the appropriateness of continued transfers to the facility where the alleged abuse took place", However, ANNEX C, Mission Reporting Template on Periodic Follow-up Yisitt to Assess Condition of Canadian- Transferred Detainees. paragraph 3, DOW mqWrea the Iq)Olte:r to proWJc a brief dc8criptioD "of compliaDce with the terms of the Ca:aada-Atghanistan detainee traDafer Ammgements •• on Reports filed responding to ANNEX C will be provided to the Commander mAfg and the JFf -Afg Detainee Officer, as well as to other DF AIT addressees. .

2. Other substantive changes appear in ANNEX B, Diplomatic Contingency Plan in the Event of

Credible Allegations of MistreatmOlt of Detainees Following their Transfer from CF to Afghan authorities. 00Dc ate '!he requircme:Ids in the bmcr puagraph 2. buJlets 2 and 3, "to verify the accuracy of the accusation. through inspection of the facility ..... , and to "checl: with allies 011 tbtir expc:rie.uce widt the facility alleged to be torturiDg". In their place are requ.jremcntB to iDfonn the ICRe aDd AlHRC of the allegatious. and to instruct HOMIKabul to undertake an of&ia1 demuche., requireDx:nta which 'M:RI fODnedy in peragraph3. 1IDdcr .. Actions, Immediate Measures".

3. Jmnaining substantive changes are more minor, and appear to reflect situational reality not fully I!PPreciated in the earlier version. For example, V. Step 2, bullet 2 now requires the JFf-Mg Detainee Officer to ensure that the detainee is not only provided with a copy of the Canadian

1

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413

1014

July 22, 2007

Ammgement, but is also "infonncd of its content". Another addition, in Vl. 11. directs that the detainees to be interviewed on site visits be chosen on a random basis.

4 Other DOD-substantive changes are editorial (e.g., "JTF-Afg Detention Officer". instead of

"Canadian Forces Detention Liason Officer"), or in format (e.g., .An1Iex A, Questions for Detaining Authority and for Detainees, is DOW a form that the officer conducting the visit can tiD out directly instead of a mere list of directions and questions.)

5. The documents attached have the new or amended text highlighted in grey. and notes

indicating deletions in bold and grey highlight I have refrained from unnecessary arbricide by not including the former ten. Should you, or any of the other CC'd addresses which to compare the two versions. the earlier will be provided upon request.

6. I would be pleased to address this issue with a single slide summarizing the changes at your

next xxxx meeting. should believe that to be useful.

Ed Jager

SECRET CEO

2

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413

5. RECOMMENDATIONS AND PROPOSED FURTHER ACTION:NIL

6. ACTUAl AND PROBABLE MEDIA INTEREST: MEDIA INTEREST EXPECTED TO BE HIGH DUE TO THBCURRENT INTEREST IN CDN DETAINEE HANDLING PROCEDURES

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301

SECRET CEO Ap~12007

.1":-.

ANNEXB

Diplomatic Contingency Plan In the event of credible allegatJons of mistreatment of detainees following their transfer from CF to Afghan authorities

This document is intended to identify potential diplomatic actions that can be undertaken should credible allegations of detainee abuse by Afghan authorities following their transfer by the Canadian Forces be made. Note: this does not preclude continued reminders toAfghan authorities at all levels regarding our expectations as to their treatment of detainees. It articulates triggers for such diplomatic actions, upon verification, and Canada's legal obligations in the event the allegations ere SUbstantiated.

1. TrIgger:

• The AIHRC, or a third party (NGOs, relatives, media, or otherwise}, make credible allegations that detainees transferred by CF to Afghan authorities have been potentially abused following their transfer.

• Canadian offICials directly uncover the abuse of prisoners (and inadvertently detainees) while visiting Afghan prison facilities.

• Canadian officials, either in Ottawa or in the field (KAF, PRT, Kabul), are made aware by credible contacts (lOs, allies, etc.) of specific cases or pattem of abuse of transferred detainees by Afghan authorities.

• A pattern of abuse by Afghan authorities potentially involVIng CF transfers is uncovered by the Government of Afghanistan and made aware to its international

partners. .

2.

VerifICation:

Immediate measures:

• OFAlT, In consultation with relevant stakeholders, to Instruct KPRT or KABUL to encourage that the AIHRC investigate the incident, depending on where it occurs, if

they have not already done so. .

• DFAlT, In consultation with relevant stakeholders, instruct HOM/Kabul, or Goe officials in the field, to verify the accuracy of the accusation through inspectlon of facilities (or through Afghan authorities) and by seeking access to the individuals In question (if transferred by the CF), if possible.

• Check ~th other allies on their experience with the facility alleged to be torturing.

Additional measure:

• DFAIT convene the Afghan Ambassador to Canada to delineate Canadian expectations of the Afghan Government in responding to these allegations. DFAIT to request an Investigation by pursued by appropriate Afghan authorities and to offer assistance in the Investigation, If required.

3. Actions: Pending verification, and depending upon the nature of the allegations (long-term pattern of abuse or specific incident), there are a series of short-termfrnmediate diplomatfc measures Canada can take, each Incrementally more severe In accordance with the circumstance.

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3

•

OF AlT. in consulta1ion with relevant stakeholders, arrange a phone call between MINA and his Afghan counterpart.

DND to arrange a similar call for MND.

Issue a press release at the appropriate level (e.g. MINA, MND, PM) condemning the abuse and expressing Canada's concern over the incident, while emphasising that Afghan authorities have the primary responsibility for handling detainees captured on their sovereign territory and within their jurisdiction; such a release should also emphasise the contributions Canada is making towards capacity building In the corrections and justice sectors.

OFAIT to recommend to PCO that the PM consider a call to President Karzai.

Diplomatic Contingency n upon discovering detainee abuse by Afghan t .orities

Immediate Measures:

• Goe offICials in the field visit the facility in question which holds the detainees that have been transferred by the CF.

• DFAIT, in consultation with relevant stakeholders, instruct HOMlKabul to undertake an official demarcfle upon verification to express strong Canadian concerns, demand better treatment, and to insist that those who perpetrated the acts are brought to justice in accordance with Afghan law, in accordance with Afghanistan's Intematlonallegal obligations.

• HOM/Kabul to notify the leRe and the AIHRC of the allegationS In the spirit of enabling both organizations to fulfill their mandate, and to follow-up separately to address potential concerns with the conditions of detention.

Additional measures:

•

•

• MINA to consider temporarily recalling our Ambassador, pending a recommendation from DFAIT;n consultation with PCO and concerned departments.

4. Assistance: Consider longer·tenn options to further enhance Afghan monitoring and tracking of detainees and capacity-building efforts.

2

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SECRET

01, 08 ~/6rt&.DEC 07 PP RR SSSS

CEFCOM HQ OTTAWA

CDN JTF AFG HQ KANDAHAR//COMD//

INFO NDHQ CDS OTTAWA ZEN

3350-165/A29 CEFCOM s-ft:,O

CON NO -31.1"- Y

Is~ rtfft@.

DEC 2·82007

. 3~56-"sAJ.1

FILE NO. C .......... "'AoIUonod

@ ).g.J~.Dt

11nIt) , (Dale)

NDHQ DGIS. POL otTAWA ZEN

NDHQ vcns OTTAWA//EA VCOS/CFPM/ZEN// NDHQ SJS OTTAWA//DOS/DGO!DGP/ZEN// NDHQ JAG OTTAWA//JAG/ZEN//

NDHQ ADM PA OTTAWA//DPAOT/ZEN//

CEFCOM HQ OTTAWA//DCOMD/COS/J2/J3/JS/J9/PAFF/LEGAL//

CANOSCOM HQ OTTAWA//COMD/COS/ZEN//

NOHQ COl OTTAWA//J2 CAP/J2 PLANS// GEFCOM HQ OTTAWA/ /COMD ,CENTRE/ /

CON JTF AFG RC SOUTH HQ KANOAHAR//DCOMD// NATO 1MS BRUSSELS//MILRE~//

SHAPE CA//NMR//

CDAO AFGHANISTAN

sccc OTTAWA

SEC RET CEFCOM COMO

SUBJ: CEFCOM TASK 0 - SUPPORT TO Goe DETAINEE FOLLOW-UP

SECRET

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1 of 8

SECRET

3350-165/A29

02 08

SSSS

CEFCOM COMD

e REFS: A. ARRANGEMENT FOR THE TRANSFER OF DETAINEES BETWEEN THE CF AND THE MINISTRY OF DEFENCE OF THE ISLAMIC REPUBLIC OF AFGHANISTAN, 18 DECEMBER 2005

B. CANADA / ISLAMIC REPUBLIC OF AFGHANISTAN SUPP.LEMENTARY ARRANGEMENT ON DETAINEES 3 MAY 2007

C. CDS DIRECrrVE - SUPPORT GOC ENHANCEMENTS TO DETAINEE HANDLING AND CAPACITY-BUILDING DEC 07

D. C4 DAVID MULRONEY / MULTIPLE ADDRESSEES - DETAINEES: ENHANCED INTERIM VISITS RESIME 17 DEC 2007 (S)

1. SITUATION

1. A. SINCE THE SIGNING OF THE SUPPLEMENTARY ARRANGEMENTS AT REF A AND ~; PFAIT HAS BEEN MONITORING AND TRACKING DETAINEES TRANSFERRED e E'ROM THE CF TO GOA. THESE FOLLOW UP VISIT HAVE 'REVEALED ALLEGATIONS OF MISTREATMENT OF CANADIAN-TRANSFERRED DETAINEES AT THE NOS

FACILITY IN KANDAHAR. THESE ALLEGATIONS HAVE AFFECTED THE coc LEVEL OF CONFIDENCE IN THE ABILITY OF THE GOA TO· FULFILL ITS COMMITMENTS

OF THE ARRANGEMENT

1. B. DFAIT, IN GO~SULTATION . WITH DND, HAS DEVELOPED A NUMaER OF PROPOSED ACTIONS DESIGNED TO ASSESS WHETHER THERE IS A SUFFICIENT

SECRET

398

2 of 8

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03 08

SSSS

CEFCOM COMD

SECRET

3350-165/A29

~ LEVEL OF CONFIDENCE IN THE ABILITY OF THE NOS TO ENSURE AN ACCEPTABLE STANDARD OF TREATMENT FOR DETAINEES. THROUGH THE KPRT,

THE GOC WILL IMMEDIATELY IMPLEMENT AN INTENSIFIED VISIT REGIME FOCUSSED ON THE NDS FACILITY IN KANDAHAR. "IN ADDITION TO DFAIT PERS,

THE VISIT TEAM WILL INCLUDE" CSC AND RCMP PERS ALREADY IN KANDAHAR

WHO CAN ASSIST IN IDENTIFYING NOS CAPACITY GAPS AS WELL AS SET THE

CONDITIONS FOR A MORE FOCUSSED NEEDS ASSESSMENT MISSION IN EARLY JAN

08

1. C. REF C PROVIDES THE CDS DIRECTION TO SUPPORT THE GOC ACTIONS TO ADDRESS CONCERNS ABOUT THE AFGHAN DETENTION SYSTEM AND THE IMMEDIATE OPERATIONAL IMPACT

2. MISSION. JTF-AFG WILL SUPPORT THE GOC ACTIONS TO ASSESS THE

tt :URRENT NOS SYSTEM OF DETAINEE HANDLING WITH A VIEW TO RESTORING OUR CONFIDENCE IN THE ,ABILITY OF THE GOA TO ENSURE AN ACCEPTABLE STANDARD OF TREATMENT. FOR DETAINEES

3. CONCEPT OF OPERATIONS

3.A. COMD CEFCOM INTENT. MY INTENT IS TO PROVIDE THE NECESSARY CF

ENABLERS TO, PERMIT TH~ KPRT TO ACHIEVE THE GOC OBJECTIVES THROUGH THE IMMEDIATE IMPLEMENTATION OF AN INTENSIFIED VISIT REGIME FOCUSSED

SECRET

396

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3350-165/A29

04 08

SSSS

CEFCOM COMD

~ON THE NDS FACILITY IN KANDAHAR AS WELL AS THROUGH CAPACITY BUILDING

EFFORTS. I EXPECT JTF-AFG TO PROVIDE THE REQUIRED FORCE PROTECTION COMPONENT TO THE KPRT IN SUPPQRTOF THESE OBJECTIVES. THE END STATE

IS THE NORMALIZATION OF DETAINEE TRANSFER lAW REFS A AND B

3.B.TASKS. JTF-AFG WILL:

3. B. (1) PROVIDE THE REQUIRED CF FORCE PROTECTION ELEMENTS TO SUPPORT

THE IMMEDIATE INTENSIFIED VISIT REGIME AS WELL AS THE JANUARY NEEDS

ASSESSMENT VISIT

-3. B. (2) CONTRIBUTE TO THE WHOLE-OF-GOVERNMENT EFFORTS IN CREATING THE ENVIRONMENT FOR THE NDS LEADERSHIP TO ENGAGE WITH CANADA ON

CAPACITY-BUILDING

3. B. (3) UPON COMPLETION OF THE GOC ACTIVITIES CONTAINED AT REF D, e ROVIDE FEEDBACK AS TO .WHETHER THE EFFECTS OF THE IMPLEMENTATION OF THESE ACTIVITIES PERMIT THE RETURN TO A NORMALIZATION OF DETAINEE TRANSFER

3.C. COORDINATING INSTRUCTIONS. NO CHANGE

4. SUPPORT .. NO CHANGE

S. COMMAND. NO CHANGE

END OF ENGLISH TEXTILE TEXTE FRANCAIS SUIT

SECRET

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40 .

SECRET

3350-165/A29 CEFCOM COMO

05 08

SSSS

OBJET :0 ATTR TACHES COMFEC - SOUTIEN AU SUIVI EXIGE PAR LE GC

CONCERNANT LES DETENUS

BODY TEXT:

REF: A. ENTENTE SUR LE TRANSFERT DES DETENUS CONCLUE ENTRE LES

. .

FORCES CANADIENNE;S ET LE MINISTERE DE LA DEFENSE DE LA REPUBLIQUE ISLAMIQUE D'AFGHANISTAN, 18DECEM8RE 2005

B. ENTENTE SUR LE TRANSFERT DES DETENUS CONCLUE ENTRE LE

GOUVERNEMENT DU CANADA ET LE GOUVERNEMENT DE LA REPUBLIQUE ISLAMIQUE D AFGHANISTAN (SUPPLEMENT) 3 MAl 2007

C. CDS DIRECTIVE - SUPPORT Goe ENHANCEMENTS TO DETAINEE HANDLING AND

CAPACITY-BUILDING DEC 07

D. C4 DAVID MULRONEY / MULTIPLE ADDRESSEES - DETAINEES: ENHANCED _ INTERIM VISITS REGIME 17 DEC 2007 (S)

1. SITUATION

I.A. DEPUIS LA SIGNATURE DE L ENTENTE SUPPLEMENTAIRE MENTIONNEE AUX

REF A ET B,

LE MAECI EXERCE UNE SURVEILLANCE ET UN sorvr EN CE QUI A TRAIT AUX TRANSFERTS DE DETENUS ENTRE LES FC

ET LE GA. CES VISITES DE SulVI- ONT DONNE. LIEU. A DES ALLEGATIONS DE

e.

SECRET

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396

SofB

06 08

SSSS

CEFCOM COMO

SECRET

3350-165/A29

DES DETENUS TRANSFERES PAR LES CANADIENS A L INSTALLATION DE LA DNS

A KANDAHAR. CES

ALLEGATIONS ONT MINE LA CONFIANCE QUE LE GC AVAIT A L EGARD O~ LA

CAPACITE DU

GA DE RESPECTER 8ES ENGAGEMENTS OANS LE CADRE DE L ENTENTE

1. B. LE MAECI, EN CONSULTATION AVEC LE MON, A PROPOSE DIVERS MOYENS

. DE DETERMINER S1 ON PEUT FAIRE SUFFISAMMENT

CON FIANCE A LA CAPACITE DE LA DNS DE TRAITER CONVENABLEMENT LES

DETENUS. PAR L ENTREMISE DE L ERPK, LE GC METTRA EN PLACE

SUR-LE-.CHAMP UN PROGRAMME DE VISITE INTENSI FIE AXE SUR L

INSTALLATION DE LA DNS A

4It _{ANDAH~R. OUTRE DES REPR DU MAECI, L EQUIPE DE VISITE COMPRENDRA DES REPR DU SCC ET DE LA GRC

SE TROUVANT DEJA A KANDAHAR ET PEUVANT AIDER A RELEVER LES LACUNES

DE LA DNS EN PLUS D ETABLIR LES CONDITIONS PROPICES A UNE MISSION 0

EVALUATION DES BESOINS

MIEUX CIBLEE AD DEBUT DE JAN 08

1. C. LE DOCUMENT CITE A LA REF C CONTIENT LA DIRECTIVE DU CEMD

SECRET

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6 018

SECRET

3350-165/A29 CEFCOM COMD

07 08

SSSS

4ItCONCERNANT LE SOUTIEN APPORTE AUX MESURES. PRISES PAR LE GC EN VUE DE REPONDRE AUX PREOCCUPATIONS RELATIVES AU SYSTEME DE DETENTION AFGHAN ET A L IMPACT IMMEDIAT

SUR LES OPERATIONS

2. MISSION. LA FOI-AFG APPUIERA LES DEMARCHES ENTREPRISES PAR LE GC EN VUE D EVALUER LE SXSTEME DE TR~ITEMENT DES DETENUS ACTUELLEMENT EN VIGUEUR A LA DNS DANS LE BUT DE RETABLIR NOTRE CONFIANCE

EN LA CAPACITE DU GA DE TRAITER CONVENABLEMENT LES DETENUS

3. CONCEPT DES.6PERATIONS

3.A. INTENTION DU CMDT COMFEC. J AI L INTENTION DE FOURNIR LES ELEMENTS HABILtTANTS DES FC NECES.SAIRES

POUR PERMETTRE A L ERPK DE REALISER LES OBJECTIFS DU GC PAR LA

4itMISE EN PLACE IMMEDIATE D UN REGIME DE VISITEINTENSIFIE AXE SUR L INSTALLATION DE LA DNS A KANDAHAR AINSI QUE PAR DES EFFORTS DE RENFORCEMENT DES CAPACITES. JE M ATTENDS A CE QUE

LA FOI-AFG FOURNISSE· L ELEMENT DE PROTECTION DE LA FORCE NECESSAIRE A L ERPK A L APPUI DE CES OBJECTIFS. L ETAT FINAL EST LA NORMALISATION

DES METHODES DE TRANSFERT DES DETENUS CONF AUX REF A ET B

SECRET

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7 of B

08 08

88SS

CEFCOM COMO

SECRET

3350-165/A29

4It3.B.TACHES. LA FOI-AFG DOlT:

3.B. (1) FOURNIR LES ELEMENTS DE PROTECTION DE LA FORCE DES Fe

NECESSAIRES AU SOUTIEN

DU REGIME DE VISITE INrENSlfIE MIS EN PLACE SUR-LE-CHAMP ArNSI QUE. DE LA VISITE·D EVALUATION DES BESOINS QUI AURA LIEU ·EN JANViER

3.B. (2) CONTRIBUER AUX .EFFORTS PANGOUVERNEMENTAUX DEPLOYES DANS LE

BUT DE CREER LES.CONDITIONS

QUI PERMETTRONT AUX DIRIGEANTS DE LA DNS D ENTRE PRENDRE DES EFFORTS DE RENFORCEMENT DES CAPACITES DE CONCERT AVEC LE CANADA

3.B. (3) QUAND LES ACTIVITES DO GC ENONCEES A LA REF D SERONT

TERMINEES,. FOURNIR DE LA RETROACTION, C EST-A-DIRE INOIQUER 31 L

EXECUTION DE CES

e ACTIVITES ONT BEL ET BIEN DONNE LIEU A LA N_ORMALISATION DU TRANSFERT DES DETENUS 3.e. INSTRUCTIONS DE COORDINATION. AUCUN CHANGEMENT

·4. SOUTIEN. AUCUN CHANGEMENT

5. COMMANDEMENT. AUCUN CHANGEMENT

J3 REGIONAL OPS 2-~

LGEN, COMCEFCOM

SECRET

20100317

398

8018

SECRET (when compiled) ANNEX F to TSO 321A

I TFA DETAINEE II

TFA DETAINEE TRANSFER RECORD • INITIAL

DETAINEE FULL NAME

RANK (if

(M or F)

SPECIFIC MEDICAL INFORMATION'

Was checked by Med A _prior to release and was deemed to be in fine health with no outstanding

GOOD, NO BRUISES I INJURIES

SECRET (when compiled)

399

20100317

•

SECRET (when compiled) ANNEX F to TSO 321A

I TFA DEl AINEE #

20100317

TFA DETAINEE TRANSFER RECORD - INITIAL .(A)

MCPL SIGNA (original signed by)

CNS MP Pl

HCOY,2RCR

(original signed by)

GOOD, NO BRUISES I INJURIES

WAS CHECKED BY MED A_

SECRET (when compiled)

CERT'FIED TRUE copy

399

2

SECRET (when compiled) ANNEX F to TSO 321A

I TfA DETAINEE #

20100311

TFA DETAINEE TRANSFER RECORD • INITIAL

FULL NAME

applicable)

N/A

GRANDFATHER'S

(approx if unknown)

eNS MPPL

(original signed by)

WAS CHECKED BY MED A _

transfer} SPECIFIC MEDICAL INFORMATION

GOOD, NO BRUISES I INJURIES

SECRET (when compiled)

399

SECRET (when compiled)

ANNEX F to TSO 321A IlFA DETAINEE .·1

TFA DETAINEE TRANSFER RECORD - INTERUM

DETAINEE

N/A N/A

GRANDFATHER'S FULL NAME TOTAL HOURS IN HOLDING

GENDER (M or

AG~ (approx if unknown)

KANDAHAR

DTG OF TRANSFER

CNSMPPL

UNIT ACCEPTING

INDIVIDUAL ACCEPTING CUSTODY

(original signed by)

KAF MP Pl

MEDICAL INFORMATION

PHYSICAL CONDITION (on transfer) .

T~ ".~ ........ __ ,,,_ ... -_~,,-_."_.;.._.,,_.,_, •• _ .• ;. ....... ~,, __ , • __ • -'-_ • __ • ," •• _ •••• _~. "U' '- ••

NO BRUISES OR INJURIES

OBSERVED CHECKED BY MED A IN

,---_-L- - ..

CERTIFIED I TRUE COpy

SECRET (when compiled)

434

1 of 1

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SECRET (when compiied)

ANNEX F to TSO 321A

TFA DETAINEE.

TFA DETAINEE TRANSFER RECORD

At..-.07, a Detainee Re~ conducted. It was detellTlined by the Commander that there were no

ground to hold him as a detainee (original signed by)

and he was ordered rele.sed. He was provided with food and until released. At

SPECIFIC MEDICAL INFC1KlVlIA Nil

FIT - NO INJURIES OR BRUISES

CERTIFIED TRUE COpy.

SECRET (when compiled)

433

1 of 3

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•

SECRET (when compiled) ANNEX F to TSO 321A

TFA DETAINEE #

.. - _.,_r- __ ~~_~_. . __ ~ __ ~_~ . ~~_~' . __ c __ • r __ • _ _,.....' .,_ ~ '_r ~ __._ _

SECRET (when compiled)

CERTIFIED

TRUE' f·("'~:f·":l";] I

. ~ ...... e "-;__,_f.. ;;

'---__ I

20100317

433

2

SECRET (when compiled) ANNEX F to T80 321A

I TFA DETAINEE"

TFA DETAINEE TRANSFER RECORD - INTERUM

RANK (if applicable)

SECRET (when compiled)

CERTIFIED TRUE C0~~'p f.

20100317

433

. i

.... -:'

KANDH .. KAF -C4R

From:

Sent:

To:

Cc:

KANOH-C4R

April 25. 2007 5:37 PM BUCK Kerry -FTAG -C4

MULRONEY David -OMA -C4; SWORDS Colleen -IFM -C4; POUPART Isabelle -lOR -C4; PROUDFOOT Douglas Scott -FTAG -C4; NDHQ OTT ADM (POL) -C4; ANDERSON Cory -FTAG -C4; COOTER Chris -SNATOGR -C4; KANDH -KAF -C4R

KANDH0026 - Visit to NOS detention faciiity

Subject:

SECRET CEO

1. Attached please find a CSC/OFAIT report on todays visit to the National Directorate of Security (NOS) facUity In Kandahar City.

I@ll

07~25_CSC SII& VIlli! to 1108 ...

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 compiled with, although one practice of concem is the universal use of leg-Irons.

KANDHlBuchan

. -OfigInal Message--

From: KANDH ·KAF -C4R

~t: Aprtl 25, 2007 1:48 PM

To: KANDH -c4R; BUCK KelTy ..fTAG -c4

Ce: MULRONEY David ·DMA -C4; SWORDS Colleen -lFM .c4; POUPART Isabelle ·IOR -C4; LAPORTE Eric -lOR

-C4; PROUDFOOT Douglas Scott -FTAG -C4; KABUL -HOM -c4R; KABUl-GR -C4R; NDHQ +CEFCOM J9 -C4R; NOHQ on ADM (POL) -ot; ANDERSON CQ(y ·FTAG -c4; COOTER Chris -SNATO -GR-C4

Subject: RE: KANOHOO25 - Detainees: Access to NOS facllilies

Sent on behalf of PRTlBuchan

. On Wednesday April 25. DFAIT and esc conducted visit to NOS detention facility in Kandahar between 16:30-18:30. Team was given full access to all parts offacilityrequested 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 director committed to allowing full access to AlHRC.

Detailed report to follow later this evening. Drafted/Released: KAF/Lafiamme

1

20100311

NOS SITE VISIT 2007..Q4·25

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 esc 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 International Standards. This patrol had been planned for some time however became more urgent due to recent Canadian media commentary.

The_of NOS initially met us. DFAIT queried

whe~re of mistreatment at the NOS facility in

Kandahar, and underlined the seriousness with which Canada is taking this issue .• said he was aware of the issue because of conversations with Genera ran and that he was prepared to give us full and open access.

Director of NOS ABDUL QA YUM and Chief nvesncator

some minutes later and reference was made to our ng with the

. _and the~f NOS. CSC explained their mandate to the Director and the fact that they have been working 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. esc commented that when in the other facilities,

. ese 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. esc 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 unable to secure access to the NOS ~O""III~\I never requested to come to NOS. That would they deny NOORZAl?

nnIJ':,,,,,,,r NOORZAI that he has been th_at he has OIl,.".,.,.t"I access to NOS so why

The cell was not damp and there were two ceiling fans. All inmates were sitting on the floor but there were only blankets and no mattresses. All inmates

aPReared of n"",,,, .. ',,",.

one of were meagre were small

bags and boxes suspended from the walls by string and twine. The walls were

20100317

431

2.

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 alternate 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.

JeRC does visit

Family visits ta can messages

When asked as to how their families are notified of their incarceration we were told it was either through the ICRC, 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 visit but they never do.

Staff complement for the detention centre or $100-120 US a 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 22nd when esc 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 approximately 2 ~ 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 .... told us the last transfer from Canadian Forces was 15 days ago and th'8T'dUe'"to issues of overcrowding some end up

going to Sarpoza. .

.

- - - - - -

-. ;. .

Kuchi prisone on said he was captured by foreigners •

he believed fro tes. 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.

2010 OJ 17

431

He has been in NOS detention for more than two months. His investigation has been completed but he is awaiting court proceedings.

been there for 2 Ya months. His abuse he said his toes had been burned but it 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 however he could not identify them due to the

blindfold. NOS alleged that had killed two ANP in Myan Shin or .

Shah Waif Kot before being~

On the other side of the~as a corridor wit_on one side an~n the other. This area wamgliter largely due to t'hTraCnhat the walls an~side the cells were painted. There was one prisoner

deliver water and chai to inmates

There was

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 it was because they were still under investigation.

In one cell a prisoner was toiiililliltd he was oin to be released that

he was of the same tribe as e had no or papers

and was from Pakistan. His come In 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 (spelling to be verified). son

had been in detention for the one year. was at •

2 months at NOS and then to Sarpoza for 2 months until back to NOS for a back and forth he told us he

about cells

20100311

431

We inspected the rest of the building. . There was one prisoner being kept in isolation in an office as he had just been process assessed. There were also staff accommodations. Two offices were locked and

belonged to officers who had home which had chairs and a photocopier in

them. The intelView 3 desks and chairs._

--..we saw the contained 3

~s and files and to us and is

very similar to that of Sarpoza The filing cabinets divided

the room and on the other side of them was an area sleep and to have chai.

Also~as an nd an

~ed

____ we were

building.

We were then shown the new construction for the NOS cells. We were told that NDS 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 14111 visit when they stated

th A' b 'Id' th f Ii Th II' thO b 'Id' '11 I

.. . . ". . . .

was were none.

When asked about the number of celts he said it was a room. He went on to

state that he had been interrogated by foreigners He

alleged that beat him and gave him also

stated he wa~s feet and hands and was made to stand for 10 days.

He said the reason for was that

in Government of Taliban

has never been to cou in the file

that is inaccurate and that he was captured in as

recorded in the file, and that after his detention his car was appropriated by

• •

.:c

.

After this we conducted a de-brief with Director QA YUM. 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 CSC would like to pursue the matter further. NDS also clarified for us that leRC notified 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

20100317

431

50f6

evidence of abuse, matters would require further investigation 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.

- .

The Director indicated that Engineer NOORZAI was welcome to visit NOS and would be accorded full cooperation. He also indicated that the esc Director would always be welcome on the site based on her experience with Canadian prisons.

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Bof6

01 02

SECRET 1630~2 (13)

07 RR RR SSSS

JTFAHQ061

CDN TFA NCE KANDAHAR NDCCOTTAWA

INFO CEFCOM HQ OIT A W A//J3/COMMAND CENTRElI SEC RE T JTFAHQ 061

OPERATION OP ATHENA JTF AFGHANISTAN ROTO 3

SUBJ: JTFA 084 SIR 35 ~ CIS 1 DETAINEE

1. DATE, TIME AND t.ocx nON OF INCIDENT:

2. DESCRIPTION OF INCIDENT: WHILE MOVING

DURING A TROL, CIS 1 OBSER AN lED ON THE ROAD. CIS 1 ENGAGED RESULTING (PRJ A).

BEEN SUBSEQUENTLY MEDEVAC TO KAF ROLE 3 ANDIIII:URRENTL Y UNDERGOING

SURGERY. THE SITE WAS SECURED AND lED EXPLOITED BY EOD ASSETS

NIL -_5.RECOMMENDATIONS.ANDPROP_OSED EURTHERACTlON;NlL- ---- - -- ----------- 6. ACTtJALANb PRoaABLEMEDIAINTEREST: MEDIAI~rrEREST EXPECTED

TO BE

HIGH DUE TO TIIE CURRENT INTEREST IN CDN DETAINEE HANDLING PROCEDURES

'CERTIFIED

20100317

432

R.A. KRUEGER, CAPT, SOO KB. LAPOINTE, CAPT, 13 SECRET

201003 17

432

Brooker WO Rl@CEFCOM HQ@Ottawa-Hull

From:

a. Sent: -To:

Subject:

Attachments:

Laftamme Maj JDM@CEFCOMGOttawa-Hull Tuesday, 28. August. 2007 22:44

Smith Maj L T@2 MP Unit-JTFC-LFCA PM@TORONTO FW: CEFCOM Monthly report

MSR CEFCOM.doc; Annex Adoc; Annex B.doc; annex C.doc; Annex C.doc; TOE Ammendment.pdf; FW TOE Amendmentrtf

Classification: CAN SECRET

Major J.D.Martin Laflamme

CEFCOM prev6t du .GQMFEC

Fax I Telec::opieur: (613) 996-6676

To:

Cc SUbject:

Classification: CAN SECRET e Bonjour maj,

voici Ie CEFCOM Monthly report:

~. ~VCDS DPM PC@Ottawa-Hull

~ r:iI

m UC

MSR CEFCOM.doc Annex A.doc

AnnexB.doc

annex C.doc

Annex D.doc TOE FW TOE

Ammendment.pdI' Amendment.rtf

Maj Gribble. this might also help you in your planification, it elaborates on the different issues we had in the past month.

Capt Laprade

1

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16.01

AnnexeD

To CEFCOM Monthly Report 28 Aug 07

on T A V for 3 months. Replacement will. on a months TAV

- TSE_on TAVunti115 Sept 07 (no replacement)

20100311

430

17 (

Joint TIIIk Fon:e Afghan_n MYb.ry Police CClrnPany ~nd.Mlr AlI1ieId

FCKtl8 ""1IcM ...... Interan1I6eI AfgIMInlltln PoNce MIllaire ele

TtITIln d'lVIatIon de Kanda1ltr

PO Box &)58 Stn Foroee Belleville. ON KeN SW8

BP 5058 Succ Forces Be11eviIIe ON J<8N 5W8

11 OO()'1 (CO) ~ May 2007 CEFCOMPM

PROPOSED AMENDMENT TO THE

TABLE OF ORGANIUTION & EQUIPMENT CTO&E)

Reference(s): A. Email CWO RoylW'lO Rideout 19 Apr 07 B, TO&e - expeditiOnary Ops, TF Afghanistan R3

C, C8 FTHB Synopsis Sheet, 3136-6 (DLR 5-5) dated 29 Nov 05

MP Coy TO&E to equip Thts request 18 baeed on

Snoll,rot"" ..... Operations and the_

As tasks, roles, TIPs and vehicle. speciaUiZed equipment, such 81 weapons. The

Military Police branch should consider the environment in which ops are In

should be amended to reflect

~ operating in the Afghanistan AOR have illustrated the __ __..._. MPs routinely operate outside the wire on police me~

protection, detainee operations, and in direct support of deliberate MP In both

JTFwhere that eany.lt hila

Afg Coy have a secured a

possible MPs utilize these weapons In nN:IifA ..... ,"~ proven to be an excellent weapon in completion

3. The following substantiation is submitted to assist in your decision on amending the

TO&E:

<a) _has proven to be~1y successful in Afghan ops and a BOlldentifted I requirement for additional_

430

20100317

18 of:

(b)

20100317

- ---- -

(d) the weapon maintains (e>

(f)

a pivot system attached

(g) with the composition of the crew, the ground security team can conduct mentoring and ground security tasks white at the same time having the freedom of movement and use of hands to direct ops on the ground. This also pennlts the effort-leas processing of detainees while at the same time maintaining weapon readineSs;

(h) (i)

(k) flexibility of the wpn allows it to be talored to the requirements of the op.

sucoealfulln Afghan

ItIaI'tifi ...... a requirement for addItIOna'.

5. Should you require further clarifICation, please contact CSM Rideout at CSN" or

myself at the numbers below.

Major

Task Force Provost Marshal

(613) 996-7811; trun~office) or • <cell)

212

430

19 of 23

From:

Sent:

To:

Subject:

More

Rideout MV'IO G~ Monday, 6, August, 2007 11:41 AM. ~p~deCAPTJGD~ FW: TO&E Amendment

I have spoken to both CEFCOM PM and ClS PM on this issue .:

Consider this emait approval from the CEFCOM PM and tech chain.

Now, according to J4 CEFCOM staff, you have to go back through your J3 and J4 for support. If they approve/concur to send it to their counterpart here, they will be looking to see if It can be sourced from theatre allocations (bonus if it can). You will have to take a serious look at which posns should have this weapon aSSigned to them. Reality andopstock may dictate your numbers.

Back to you for onward transmission. AS Hughes

Major

CEFCOM PM Ops 613-99~897

-~ginal Message--

From: Maaionald LCoI [email protected] PM@()I;tawa-Hull

Sent: Tuesday, 08 May, 2007 13:18

To: Boot Maj ON@CEfCOM HQ@Ottawa-HUI; Sanstene LCoI G@VCDS DPM RM@Ottawa-HulI

Cc: Taylor LCoi MDOCANOSCOM LOG SP lCoI JV@'JCDS

CfPM@()ttawlHiull; Hudson Maj lMT@5

UPM@MontreaI; Right Maj Laflamme Maj JDM@VCDS

CFNIS [email protected]; HugheS Maj A8@CEFC0M HQ@lOttawa-Hull; BIssonnette Maj JRA@CMS DMPOR@Ottawa-Hulli Legere LCoI JA@A3 AFP Rdns@Winnipeg; Roy CWO [email protected] PM@Ottawa-Hull

Subject; RE: TOlE Amendment

201003 17

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200(23

All,

Please excuse my delay in response - I was away from the office yesterday.

I had done some research on exactly this topic last summerlfall, Just prior to my annual conference in Edmonton and in fact, had a presentation to the assembled masses made on this topic.

Bac!sground:

When the SMG (for those of you who may not remember it, this was the collapsible machine gun that fird two rounds a minute) was replaced by our new weapons systems, the MP

Branch was asked if it wanted the Contrary to the popular myth that we were

supposed to get the_along with the Crmn trade (who had also carried the SMG as its pers

wpn), the MP Branch decided that it wanted the As a result, when the-..as

purchased, it wasn't scaled to indude issue to the MP trade. Realise of course, thartlils pertains to the Army only - the other ECS' had there own decisions to make - but it was apparently a Branch decision not to go the.route. DGLEM in Hull (in particular the armaments shop) has this COrrespondence on file if anyone wants to review it. As a result, there Is no ex~le of issue for MP to have the. and as a result the default on all TO&Ewillbe_

The presentation made by CWO Roy at the Army PM Conference

n~t'I,\lln, .. n to me from Armourers in DG fact

my un may a change to meet

the needs currently being encountered, they do not necessarily requIre a permanent adjustment overall.

There are two issues at hand; (1) a request for TF Afghanistan M P Coy, and (2) what the MP Branch needs or wants. The two need not necessarily be connected.

I have spoken to MP who have returned from TF Afghanistan and who are familiar with the ut

. ,

- -

_- -- - - - - - - -- --

Recommendations:

(1) Give these soldiers what they need I want. Have CEFCOM PM sign off as Branch tech authority, recommending in favour of the submission. Have the lOR then staffed appropriately through G4 in theatre to CEFCOM and CANOSCOM for approval and action.

(2) Have DPM RM review all existing documentation held by DGLEM, and make recommendations for permanent MP scale of issue adjustment as necessary.

(3) .Have applicable ECS reps review their individual needs and forward conclusions and recommendations to DPM RM to assist him with his deciSion.

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21 of 23

3. I have taken the liberty to give this e-mail a broader distribution as there a lot of people who are much smarter on, and/or more background in, this issue and feel we could benefit from their input. Further. their insight may help provide a framework for whatever action is nee to institute this doctrinally or help in understanding this issue.

--original Message-

From: Boot Maj DN@CEFCOM HQ@Ottawa-HulI

Sent: Monday, 7, Mav. 2007 09:43 AM

TD: SansterTe LCoI G@VCDS DPM RM@()ttawa-Hull

Cc Taylor LCoI MD@CANOS(X)M LOG SP COORD ~@Ottawa-Hulli MamonaId LCoI [email protected]

PM@Ottawa-H~I' ~ LCd JV@VCDS CFPM@OttawHiul; Hudson Maj ~ ....... ZybIIla Mal JM'T@5 UPM@Mor1treaI; Right Mai NOOCANOSCOM~ PMOOttaw .... Uj Laflamme Maj JOMOVCDS CFNIS CR@()tIaw&oHuU; Hughes Mal AB@CEFCOM ~Hull

Subject: FW: TO&.E Amendment

DPMRM,

1. Sir, att is a letter from the current CO JTF Afg MP. Coy with regard to a

TO&E change and supporting the reqr for the MP being issued _ I fully support this initiative but feel that it is too limited in application and it is time for us to deal with it at the strategic level. ' The problem is that this is a constant struggle and, even if we win this battle, we shall undoubtedly have to fight rearguard actions to keep them and, in any event, every time MP deploy, we have to fight the same battle justifying the requirement for _for our people. For example, we had to beg. borrow and exprop~when I went into theatre against a great deal of resistance and, even after we were able to borrow them (temporarily), there was a great deal of pressure brought to bear by a host of units to have them taken away from the MP and given to them.

I believe that action should be taken to permanently identify the I believe that, for the reasons identified by Bernie. this is not a "nice to have" but essential given the nature of MP ops in deployed TOOs. Of note, it is my understanding, in discussions with .

the MWO who was for a number of years that

lam not certain what action needs to be taken but feel this must be ingrained in doctrine and identified as a strategic initiative to avoid us having to continually reo-visit this issue for every successive op (i.e, on an ad hoc basis as is currently the case) or, at the v~!n doing so it can be used as justification in arguing for the requirement_'-or deployed MP.

4. Action Addressees. Please feel free to weigh in and provide whatever

input/insight you feel might help us in shaping the discussion, understanding the issue. or. better yet, taking any and all action nee to affect this initiative.

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5. I am, of course, prepared to discuss this further with you should you wish.

For your consideration, sir. Doug

D.N.Boot Major PMCEFCOM

t. (613) 995-6896

) (613) 995-6675 [email protected] (e-mail)

-.()riglnal Message

From: Hudson Maj BC@X'OCOSSOop Athena

Sant: May 5, 2007 01:10

To: Boot Maj ON@CEF(X)M HQGlOttawa-HulI; Counsell ClIpt

Cc: Hughes Maj Rideout

~' discussed this with Anita during her visit, supports argu~ent for « File: TO&E Ammendment.PDF »

Adjt, copy to file.

BCH ,

B.C. Hudson Major

CO JTFpAfg MP CoyffF PM CSN:357 -4506

From Canada: (613)996-7811

20100317

430

23

Beazley LCdr CR@CEFCOM@Ottawa-HuU

Frtlm:

Pilon L (Contraclor)@CFSU(O) Startop@Ottawa-Hull on behalf of +OPS Translation Svcs Startop@Startop@Ottawa-Huli

Monday, 24, December, 2007 15:10

Ziprick Maj OJ@CEFCOM HQ@Ottawa-Hull

RE: URGENT TRANSLATION REQUEST: CEFCOM Task 0 - Support to GOC Detainee Follow-up msg

.A tnt: • <>:

Subject:

Classification: SECRET

Bonjour encore, Maj Ziprlck,

Here is the requested translation;

fill

III

CEFCOM Task 0 Support to GoC D .•.

Merry Christmas!

LYl;le

Lyne Pilon (B.Trad) (Translation BureaulBureau de la traduction) Ops Trans Svc/ Svc trad op - Star Top

613-944-8778

---Orig1na1 Me55age--

from: Ziprick. Mal D)@CEFCOM HQ@IOltawa-Hul1

Sent: Monday, 24, December, 2007 13:40 PM

To: +OPS Translation Svcs Startop@Slartop@Ottawa-Hull

Subject: URGENT TRANSlATION REQUEST: c:EFCOM Task 0 - Support to GOC Detainee Follow-up msg

Importance: High

Classification: SECRET

Lyne,

As discussed, please translate attached msg ASAP. After the msg header, the text is a little over a page. «File: CEFCOM Task 0 Support to GoC Detainee Follow-up.mc3»

Thanks for the prompt response1

Merry Christmas, Darwin

D. Ziprick

Maj

CEFCOM Regional Ops 2·5

613.995.51

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CEFCOM COMO

CEFCOM HQ OTTAWA

CDN JTF AFG HQ KANDAHAR//COMD//

INFO NDHQ CDS OTTAWA ZEN

NDHQ DGRMC OTTAWA ZEN

NDHQ ADM MAT OTTAWA//COS/ZEN// NDHQ ADM FIN CS OTTAWA ZEN NDHQ DG POL COORD OTTAWA ZEN NDHQ DGIS POL OTTAWA ZEN

NDHQ DG POL PLAN OTTAWA ZEN

NDHQ VCDS OTTAWA//EA VCDS/CFPM/ZEN// NDHQ SJS OTTAWA//DOS/DGO/DGP/ZEN// NDHQ ADM PA OTTAWA//DPAOT/ZEN//

NDHQ J4 MAT DG LOG OTTAWA//J4 LOG/J4 MOV/ZEN// NDHQ DGME CHIEF ME OTTAWA//D MILE/ZEN//

CEFeOM HQ OTTAWA//COS/Jl/J2/J3/J4/J5!J6/J7/J8/J9/J ENG/

PAFF/:LEGAL/HSS//

CANOSCOM HQ OTTAWA//COS/ZEN//

NDHQ cor OTTAWA//J2 CAP/J2 PLANS// CFJSR KINGSTON//COMD!COS/J3// CFJSG HQ KINGSTON//COMD/COS//

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LFCAHQ TORONTO//COMO/COS// LFWAHQ EDMONTON//COMD!COS// LFAAHQ HALIFAXlfCOMD/COS/! QG SQFT MONTREAL/ICHDT/CEM// LFTS HQ KINGSTONIICOMD/COS//

1 CON AIR DIV HQ WINNIPEG//CFACC/COS/AOC// CA CENTCOM LN TM TAMPA FLI/COMD/COS// CEFCOM HQ OTTAWAI/COMD CENTRE//

CDN JTF AFG RC SOUTH HQ KANDAHAR//COMD/DCOMD// CDN JTf AFG TSE CAMP MIRAGE//CO!I

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NATO 1MS BRUSSELS//MILREPII SHAPE CA/IMILREP//

CDLS WASHINGTON DCI/cOMDII CDLS LONDON UKIICOMDII CDAO AFGHANISTAN

COAO TURKEY

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SECRET

CDAO PAKISTAN NDCC OTTAWA SEC RET CEFCOM COMO

SUBJ: CEFCOM TASK 0 - SUPPORT TO GOC DETAINEE FOLLOW-UP

REFS: A. ARRANGEMENT FOR THE TRANSFER OF DETAINEES BETWEEN THE CF AND. THE MINISTRY OF DEFENCE OF THE ISLAMIC REPUBLIC OF A~GHANISTAN, 18 DECEMBER 2005

B. CANADA / ISLAMIC REPUBLIC OF AFGHANISTAN SUPPLEMENTARY ARRANGEMENT ON DETAINEES 3 MAY 2001

C. CDS DIRECTIVE - SUPPORT Goe ENHANCEMENTS TO DETAINEE HANDLING AND CAPACITY-BUILDING DEC 07

. C4 DAVID MULRONEY / MULTIPLE ADDRESSEES - DETAINEES: ENHANCEO

e INTERIM VISITS REGIME 17 OEC 2007 (S) 1. SITUATION

1. A. SINCE THE SIGNING OF THE SUPPLEMENTARY ARRANGEMENTS A'l' REF A AND S, DFAIT HAS BEEN MONITORING AND TRACKING DETAINEES TRANSfERRED FROM THE CF TO GOA. THESE FOLLOW UP VISIT HAVE RBVEALED ALLEGATIONS OF MISTREATMENT OF CANADIAN-TRANSFERRED DETAINEES AT THE NOS

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OF THE ARRANGEMENT

1.B. OFA!T, IN CONSULTATION WITH DND, HAS DEVELOPED A NUMBER OF PROPOSED ACTIONS DESIGNED TO ASSESS WHETHER THERE IS A SUFFICIENT

LEVEL OF CONFIDENCE IN THE ABILITY OF THE NOS TO ENSURE AN

ACCEPTABLE STANDARD OF TREATMENT FOR DETAINEES. THROUGH THE KPRT,

THE GOC WILL IMMEDIATELY IMPLEMENT AN INTENSIFIED VISIT REGIME

FOCUSSED ON THE NOS FACILITY IN KANDAHAR. IN ADDITION TO DFAIT PERS,

THE VISIT TEAM WILL INCLUDE CSC AND RCMP PERS ALREADY IN KANDAHAR

WHO CAN ASSIST IN IDENTIFYING NOS CAPACITY GAPS AS WELL AS SET THE

iNDITIONS FOR A MORE FOCUSSED NEEDS ASSESSMENT MISSION IN EARLY JAN

e8

I.C. REF C PROVIDES THE CDS DIRECTION TO SUPPORT THE GOC ACTIONS TO

ADDRESS CONCERNS ABOUT THE AFGHAN DETENTION SYSTEM AND THE IMMEDIATE

OPERATIONAL IMPACT

2. MISSION. JTF-AFG WILL SUPPORT THE GOC ACTIONS TO ASSESS THE

CURRENT NDS SYSTEM OF DETAINEE HANDLING WITH A VIEW TO RESTORING OUR

CONFIDENCE IN THE ABILITY OF THE GOA TO ENSURE AN ACCEPTABLE

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STANDARD OF TREATMENT FOR DETAINEES 3. CONCEPT OF OPERATIONS

3.A. COMD CEFCOM INTENT. MY INTENT IS TO PROVIDE THE NECESSARY Cf ENABLERS TO PERMIT THE KPRT TO ACHIEVE THE GOC OBJECTIVES THROUGH THE IMMEDIATE IMPLEMENTATION OF AN INTENSIFIED VISIT REGIME FOCUSSED ON THE NOS FACILITY IN KANDAHAR AS WELL AS THROUGH CAPACITY BUILDING EFFORTS. I EXPECT JTF-AFG TO PROVIDE THE REQUIRED FORCE PROTECTION COMPONENT TO THE KPRT IN SUPPORT OF THESE OBJECTIVES. THE END STATE IS THE NORMALIZATION OF DETAINEE TRANSFER lAW REFS A AND B 3.B.TASKS. JTF-AFG WILL:

3.B. (1) PROVIDE THE REQUIRED CF FORCE PROTECTION ELEMENTS TO SUPPORT IE IMMEDIATE INTENSIFIED VISIT REGIME AS WELL AS THE JANUARY NEEDS _ ASSESSMENT VISIT

3. B. (2) CONTRIBUTE TO THE WHOLE-OF-GOVERNMENT EFFORTS IN CREATING THE ENVIRONMENT FOR THE NOS LEADERSHIP TO ENGAGE WITH CANADA ON CAPACITY-BUILDING

·3.B. (3)UPON COMPLETION OF THE GOC ACTIVITIES CONTAINED AT REF D, PROVIDE FEEDBACK AS TO WHETHER THE EFFECTS OF THE IMPLEMENTATION OF THESE ACTIVITIES PERMIT THE RETURN TO A NORMALIZATION OF DETAINEE

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SECRET

TRANSFER

3.C. COORDINATING INSTRUCTIONS. NO CHANGE

4. SUPPORT. NO CHANGE

5. COMMAND. NO CHANGE

END OF ENGLISH TEXTILE TEXTE FRANCAIS SUIT

OBJET :0 ATTR TACHES COMFEC - SOUTIEN AU SUIVI EXIGE PAR LE GC CONCERNANT LES DETENUS

BODY TEXT:

REF: A. ENTENTE SUR LE TRANSFERT DES DETENUS CONCLUE ENTRE LES FORCES CANADIENNES ET LE MINISTERE DE LA DEFENSE DE LA REPUBLIQUE ISLAMIQUE D AFGHANISTAN, 18 DECEMBRE 2005

. ENTENTE SUR LE TRANSFERT DES DETENUS CONCLUE ENTRE LE

~ GOUVERNEMENT DU CANADA ET LE GOUVERNEMENT DE LA REPUBLIQUE ISLAMIQUE D AFGHANISTAN (SUPPLEMENT) 3 MAl 2007

C. CDS DIRECTIVE - SUPPORT GOC ENHANCEMENTS TO DETAINEE HANDLING AND CAPACITY-BUILDING DEC 07

D. C4 DAVID MULRONEY I MULTIPLE ADDRESSEES - DETAINEES: ENHANCED INTERIM VISITS REGIME 17 DEC 2007 (5)

1. SITUATION

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l.A. DEPUIS LA SIGNATURE DE L ENTENTE SUPPLEMENTAIRE MENTIONNEE AUX

REF A ET B,

LE MAECI EXERCE UNE SURVEILLANCE ET UN SUIVI EN CE QUI A TRAIT AUX

TRANSFERTS DE DETENUS ENTRE LES FC

ET LE GA. CES VISITES DE surVI ONT DONNE LIEU A DES ALLEGATIONS DE

MAUVAIS TRAITEMENTS

DES DETENUS TRANSFERES PAR LES CANADIENS A L INSTALLATION DE LA DNS A KANDAHAR. CES

ALLEGATIONS ONT MINE LA CONFIANCE QUE LE GC AVAIT A L EGARD DE LA

CAPACITE DU

GA DE RESPECTER SES ENGAGEMENTS DANS LE CADRE DE L ENTENTE

.B. LE M~ECI, EN CONSULTATION AVEC LE MDN. A PROPOSE DIVERS MOYENS ._. DE DETERMINER S1 ON PEUT FAIRE SUFFISAMMENT

CON FIANCE A LA CAPACITE DE LA DNS DE TRAITER CONVENABLEMENT LES

DETENUS. PAR L ENTREMISE DE L ERPK, LE GC METTRA EN PLACE SUR-LE-CHAMP UN PROGRAMME DE VISITE INTENSIFIE AXE SUR L

INSTALLATION DE LA DNS A

KANDAHAR. OUTRE DES REPR DU MAEel, L EQUIPE DE VISITE COMPRENDRA DES REPR DU SCC ET DE LA GRC

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SE TROUVANT DEJA A KANDAHAR ET PEUVANT AIDER A RELEVER LES LACUNE5 DE LA DNS EN PLUS D ETABLIR LES CONDITIONS PROPICES A UNE MISSION D EVALUATION DES BESOINS

MIEUX CIBLEE AU DEBUT DE JAN 08

1.C. LEDOCUMENT CITE A LA REF C CONTIENT LA DIRECTIVE· DU CEMD

CONCERNANT LE SOUTIEN APPORTE AUX MESURES PRISES PAR LE GC EN VUE

DE REPONDRE AUX PREOCCUPATIONS RELATIVES AU SYSTEME DE DETENTION

AFGHAN ET A L IMPACT IMMEDIAT

SUR LE5 OPERATIONS

2. MISSION. LA FOI-AFG APPUIERA LES DEMARCHES ENTREPRISES PAR LE GC

EN VUE D EVALUER LE SYSTEME DE TRAITEMENT DES DETENUS ACTUELLEMENT ." VIGUEUR A LA DNS DANS LE BUT DE RETABLIR NOTRE CONFIANCE

~ EN LA CAPACITE DU GA DE TRAITER CONVENABLEMENT LES DETENUS

3. CONCEPT DES OPERATIONS

3.A. INTENTION DU CMDT COMFEC. J AI L INTENTION DE FOURNIR LES

ELEMENTS HABILITANTS DES FC NECE5SAIRES

POUR PERMETTRE A L ERPK DE REALISER LES OBJECTIFS DU GC PAR LA

MISE EN PLACE IMMEDIATE D UN REGIME DE VISITE INTENSIFIE AXE SUR

L INSTALLATION DE LA DNS A KANDAHAR AINSI QUE PAR DES EFFORTS DE

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RENFORCEMENT DES CAPACITES. JE M ATTENDS A CE QUE

LA FOI-AFG FOURNISSE L ELEMENT DE PROTECTION DE LA FORCE NECESSAIRE A L ERPK A L APPUI DE CES OBJECTIFS. L ETAT FINAL EST LA NORMALISATION

DES METHODES DE TRANSFERT DES DETENUS CONF AUX REF A ET B 3.B.TACHES. LA FOI-AFG DOlT:

3.B. (1) FOURNIR LES ELEMENTS DE PROTECTION DE LA FORCE DES FC NECESSAIRES AU SOUTIEN

DU REGIME DE VI SITE INTENSIFIE MIS EN PLACE SUR-LE-CHAMP AINSI QUE DE LA VI SITE D EVALUATION DES BESOINS QUI AURA LIEU EN JANVIER 3.B. (2) CONTRIBUER AUX EFFORTS PANGOUVERNEMENTAUX DEPLOYES DANS LE

'JT DE CREER LES CONDITIONS

e -,lUI PERMETTRONT AUX DIRIGEANTS DE LA DNS D ENTREPRENORE DES EFFORTS

DE RENFORCEMENT DES CAPACITES DE CONCERT AVEC LE CANADA

3.B. (3)QUAND LES ACTIVITES DU GC ENONCEES A LA REF D SERONT TERMINEES, FOURNIR DE LA RETROACTION, C EST-A-DIRE INDIQUER 31 L EXECUTION DE CES

ACTIVITES ONT BEL ET BIEN DONNE LIEU A LA NORMALISATION DU TRANSFERT DES DETENUS 3.C. INSTRUCTIONS DE COORDINATION. AUCUN CHANGEMENT

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4. SOUTIEN. AUCUN CHANGEMENT

5. COMMANDEMENT. AUCUN CHANGEMENT

D.J. ZIPRICK, MAJ, J3 REGIONAL OPS 2-5 ~ .C.M. GAUTHIER, LGEN, COMCEFCOM

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110f

,rooker WO Rl@CEFCOM HQ@Ottawa~Hull

From:

Alent: ~o:

Subject

Attachments:

Murphy Capt TAII ••••• Monday, 31, March, 20084:01

Laflamme Maj JDM@CEFCOM@Ottawa-Huli MarMSR

(5) Annex B to MSR Mar 08_CP.doc; (S) CEFCOM PM MSR_Mar 08_ V1.doc; (UC) ANNEX. A to MSR Mar 08_Pers Rep.doc

Classification: CAN SECRET REL US

Sir

Report attached. I've combined the two CP annexes into a single doc and added portion for a overan. assessment

(S) Annex B to MSR (S) CEFCOM PM (UC) ANNEX A to

Mar 08_CP.d... 1SR_Mar 08_Vl.do •• MSR Mar 08..Yer ...

SECURITAS

1

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AnnexeA

To CEFCOM Monthly Report (March 08)

e-

Light Duties Details:

• Nil

TAV Details:

• 2 forrSE

• 1 extension for CP due to depart this week.

LOANED Details:

• Nil

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SECRET AnnexeB

To CEFCOM Monthly Report (March) 25 March 2008

a. PerslMlUlIling.

h. Admin.

c.

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To CEFCOM Monthly Report (March) 25 March 2008

e.Training.

f. Visits.

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SECRET AnnexeB

To CEFCOM Monthly Report (March) 25 March 2008

g.

h.

1.

j. Debriefs. Nil

C~3/5 SECRET

A. PerslManning:

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To CEFCOM Monthly Report (Matcb) 25 March 2008

B. Admin:

D. Sig Acts:

E. StatslOps: Between 26 Feb 08 and 25 Mar 08, 12 missions were conducted:

F. Training:

G. Comms:

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To CEFCOM Monthly Report (March) 25 March 2008

H. Lessons Learned:

I. Debriefs: Nil

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- 2 -

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2

- J -

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1

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4017

2

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son

3

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DETENTION REPORT (DETREP) 00112007 as

07

"_IC/S1

1. DETAINING UNIT/CALLSIGN:

2. DTGOF 3. LOCATION OF DETENTION: 4.

a. MALE, N/A, Stable condition in

5. CAPTURED DOCUMENTS: Nil

6. CAPTURED EQUIPMENT: Nil

7. CIRCUMSTANCES OF DETENTION: At approximately ANP

from ANP 1 at a IN whom they suspected to

be T6 to for blast related injuries. At •

•• ANP at that CP reported a large explosion 100 from their CP, which they did not investigate until the morning. Upon exploitation of the site, ANP reported finding

three pairs of numerous and one injured.m.an.,.W.h.o.idlllentified

fll'!9.JJtiina with

-- .. -.----1 __

wounds to his back regs as well as this individual

suffered his wounds as a resutt of accidental detonation of the lED he was

attempting to emplace. was transferred to the KAF ROLE 3_

~re he is being treated for his injuries.

8. OTHER POINTS OF INTELLIGENCE INTEREST' • Sgt

MP PI met

!!!!!!

~~---~-- ---

07

c. ARR TRANSFER FACILITY: N/A An

d. TRANSFERIRELEASE FROM KAF: N/A ATT

e. AIHRC/ICRC .NFORMEO:· N/AA rr.

10. TRANSFER RELEASE DETAilS

a. NlAATT '

11. INTENTION! REMARKS: Due to the medical condition of this detainee I we will likely exceed the 96hr detention policy.

Action:

CEFCOM HQlIJ3I/CCCI/ Info:

NDCC H-111

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JOINT TASK FORCE AFGHANISTAN (JTF·AFG) THEATRE STANDING ORDER (T50) 321

DETENTION OF AFGHAN NATIONALS AND OTHER PERSONS

References: A. CDS Directive - Campaign Planning in Support of CF Transition from Kabul to Kandahar A hanistan Se tember 2005

~~~~~J

D. Geneva Convention III Relative to the Treatment of Prisoners of War 1949

E. Queen's Regulations and Orders for the Canadian Forces Volume 1, articles 4.02 . and 5.01

F. B-GJ-005-11 OIFP-020 Prisoner of War Handling, Detainees and Interrogation &

Tactical Questioning in International Operations .

G.JSAF SOP 362 - Detention of Non-ISAF Personnel

H. Arrangement for the Transfer of Detainees between the Canadian Forces and the Islamic Republic of Afghanistan 19 Dec 05

I. Arrangement for the Transfer of Detainees Between the Government of Canada and the Government of the Islamic Republic of Afghanistan, signed 3 May 07

J. 081700Z DEC 06 COS ROE AUTH 002006

K. B-GJ-005-104fFP~021 Law of Armed Conflict at the Operational and Tactical Levels

L. Letter to AIHRC/Kandahar dated 20 Feb 2007 on Notifying the AIHRC of Detainee Transfers

M. Letter from AIHRC (Noorzai) to BGen Grant on Notifying the AtHRC of Detainee Transfers

N. CDS OP 0 800 (01012005) JOINT TASK FORCE AFGHANISTAN (JTF.AFG)CAPTURED ENEMY DOCUMENTS (CEE/CED)

Authority

1. This Theatre Standing Order (TSO) replaces all previous iterations of TSO 321.

Purpose

2. The purpose of this TSO is to promulgate Joint Task Force Afghanistan (JTF-

Afg) policy and procedures relating to the detention of Afghan nationals or ather persons by Canadian Forces (CF) personnel during operations in Afghanistan.

StrategiC Intent

3. Canada will support the Government of the Islamic Republic of Afghanistan

across three lines of operation: security, governance and development. During the conduct of these operations, it may be necessary to take and temporarily hold detainees

for eventual transfer to Afghan authorities. V

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authorities or their release.

5. All detainees will be treated to the standard required for prisoners of war (PW) as

defined by the Third Geneva Convention, the highest standard of treatment established under international law. Persons detained by CF personnel will, at all times, be treated humanely. Any unlawful act or omission causing death or injury is prohibited. No detainee may be subjected to physical mutilation or to medical or scientific experiments of any kind. Detainees must at all times be protected against acts of violence or intimidation and against insults and public curiosity. Acts of reprisal against detainees are prohibited.

Commanders Intent

6. In the normal course of operations, JTF-Afg personnel may be required to

temporarily detain Afghan nationals or other individuals for reasons of self-d~fence, force protection or for other legitimate reasons related to the accomplishment of their mission. This necessitates procedures for the safe and humane handling of any individual detained in the course of operations. This TSO promulgates my direction to ensure that any person temporarily detained by JTF-Afg is treated properly; that the detention process is swift and thorough; and that a comprehensive record is maintained of this process that will inform future operations and facilitate follow-on actions by the Government of Canada in relation to those individuals detained. Under the Third Geneva Convention, the treatment of detainees is a national responsibility and it is of the utmost importance that CF personnel deal with detainees in a manner that reflects credit on Canada at all times.

Definitions

7. In this Order:

a. Screening. Screening is the process of preliminary assessment conducted by those Canadian personnel in immediate contact with individuals in the tactical area of operations (AO). This process is designed to rapidly determine if any individuals on the site of a contact (either of opportunity or as a result of a deliberate operation), are known or reasonably believed to be members of any of the following categories:

(1) individuals who are approved targets;

(2) Aa, Taliban, HiG or other lAG leaders;

(3) AQ, Taliban, HiG or other lAG fighters; or

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(4) individuals who constitute a threat to: (a) Coalition Forces;

(b) Afghan National Security Forces (ANSF); (c) other persons of interest; or .

(d) the successful completion of their mission.

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b. Detainee is a person who is not consensually in the custody care or control of the CF. The terms ~custodYI care or control" must be read together in an overall sense using the mission context and bearing in mind the need to report when detainees are taken.

c. Ccutlition Forces are defined· as non-Afghan, international military forces participating in, or providing support to, the NATO-led International Security Assistance Force (ISAF) or Operation Enduring Freedom (OEF). In addition, for the purposes of this TSO, the term Coalition F orees also includes nonAfghan, international government personnel, serving in roles directly supporting ISAF and/or OEF operations;

d. Afgh.n National Security Forces (ANSF) are national Afghan military, paramilitary and police forces mandated by the government of the Islamic Republic of Afghanistan to provide for national security. The ANSF includes, but is not limited to, the Afghan National Anny (ANA), the Afghan National Police (ANP), the Afghan Border Police (ASP), the National Directorate of Security (NOS) and local pollee forces;

e. JTF-Afg Detainee Officerthe officer directly responsible to the Comd JTFAfg for the implementation and oversight of all aspects of the CF detainee process within Afghanistan;

f. Intern"tional Committee of the Red ClOSS (lCRC), The JCRC is an impartial, neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance.

NOTE: The Canadian government has granted the JCRC the right to conduct inspections of the Canadian Detainee Transfer Facility located at Kandahar

Airfield, Afghanistan; and· .

g. Afghan Independent Human Rights Commission (AIHRC). The AIHRC is a constitutionally mandated, national and independent human rights body in Afghanistan for the purpose of monitoring the observation of human rights i

Afghanistan and to promote their advancement and protection; r;o_

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Constraints

8. Comd JTF-Afg has directed the following constraints to the JTF-Afg detainee

process:

a. only the Comd JTF-Afg, or his designate, may authorize the interrogation, release, or transfer of JTF-Afg detainees to Afghan authorities;

b. detainees transferred by JTF-Afg into ANSF custody will only be transferred to the NOS. Juveniles (defined as those who appear to be less than 18 years of age) will be transferred to the proper Afghan authority through the NOS;

c. as a .general rule, all detainees taken by JTF-Afg elements will be processed

through the Canadian Detainee Transfer at Kandahar Airfield. The

ComdJTF

authorize of detainees directly to the NOS. In those cases,

all admi"n'ic:tr2til'\". and processes outlined in this T50 will be followed;

d. at any time cas may re-assess the status of l'I",tain.I'IoA'II;

the Comd that the individual be released

e. all detainees must be medically examined when admitted to the Canadian Detainee Transfer Facility and when subsequently transferred or released,

GUIDANCE IN OPERATIONS THAT MAY INVOLVE DETAINEES

Planning for Detainees

9. This T50 applies to all persons detained in Kandahar, Kabul, or any other area

of Afghanistan where CF elements are operating.

10. Mission planning should consider and, where necessary, plan for the "'V;;I~'U"'\y

that CF elements will take detainees d the normal conduct of ... n.:,~·rlnr'ct

Additionally, create and

a specific SOP for individuals detained in Kabul. This SOP shall contain, at a minimum, an appropriate and secure detainee holding location and shall also include the Battle Drill to facilitate the application of this TSO. This TSO, including trans~fer of

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detainees to NOS at Kandahar, shall apply regardless of location of detention and any decision regarding transfer or release of a detainee rests with Comd JTF ~Afg.

Overview of the Detainee Process

11. In simple terms, the detainee process (summarized in Annex A) consists of the

following steps:

a. Screen. Determine that the individual should be temporarily held for reasons of self--defence, force protection or for other legitimate reasons related to the ::ar,.'nlT1,nliCl,hml&ant of their mission.

d8fi~mE.d to pose a threat will then be detained at which time the following steps will be applied;

b.

c. Alert. The capturing unit informs the chain of command, who will . subsequently notify the CEFCOM Ops Center, that a detainee has been taken;

d. Tactical Processing. Complete Detainee Tag, Seized J..'rn,nArru

prepare Record and Witness as necessarv

ref N. Concurrently, processing will be in

accordance with paras 11. g. (4) to 11. g. (6) of this TSO. Formats are at Annexes C. 0 and H;

e. Tactical Questioning. Conduct tactical questioning (if TO qualified pers are available) to gain any information of immediate tactical value and, as well, further confirm that the individual undergoing questioning should continue to be held as a detainee. Complete Tactical Questioning Report (Anx C, Appx

4). .

f. Tactical MovementlRelease. On direction from JTF-Afg, execute one of:

(1) Movement. Update Custody Record and initiate movement ofthe detainee to the Canadian Detainee Transfer Facility, or

(2) Release. Ensure a medical examination of the detainee is fully completed

by the appropriate medical personnel. Release the detainee with all possessions. Ensure the 'Record of Release of a Detained person'ft r

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section of the Custody Record is completed and fwd Custody Record to JTF Afg along with the detainee's file;

g. Facility Processing. Reception of the of the detainee at the Canadian Detainee Transfer Facility will initiate the following actions:

(1) Begin identification/records process (fingerprints, picture andlor video); catalogue detainee personal effects; enter detainee information in JTF-Afg detainee database (The PRT Human Rights OffICer is responsible for verifying that the JTF-Afg records are consistent with the DFAIT database);

(2) Ensure that the detainee receives a medical examination (Annex E);

(3) Initiate or finalize TO and assess if interrogation is required;

(4) A Detentton Report (DETREP), at Annex H, detailing the specifics of the detainee and the circumstance of the detention is. initiated at this time. It is the primary reporting tool from the tactical to operational level, which informs command centres, ops staffs and commanders. The DETREP wilt be sent by the poe to the eee at CEFCOM and updated as necessary throughout the detainee process;

(5) JTF-Afg provides the JTF-Afg POLAD preliminary information on the detention. The JTF-Afg PO LAD then informs the Political Director of the KPRT, the Canadian Embassy in Kabul and DFAIT that a detainee has been taken by CF elements. The timing and content of infonnation provided to the leRC and AIHRC at this early stage is a decision made by the appropriate DFAIT representative; and

(6) RC (8) is concurrently provided basic information as that given in the DETREP paras 1,2 and 4.

h. JTF.Afg TransferlRelease. On direction from Comd JTF-Af9, with advice, . as appropriate, from JTF-Afg PM, Detainee OffICer, and Chief Int, and conSidering all relevant and available information on the detainee and the military threat risk posed by him (see paras 30 to 32) execute one of:

(1) Transfer.

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a. Ensure a medical examination of the detainee is fully completed by a Medical Officer, Nurse Practitioner, or a Physician'S Assistant and that a sealed copy of this examination (Annex E) is appended to the

detainee file held by JTF-Afg; ~

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b. Fill out the Detainee Transfer Record (Annex F); ensure that a copy of the Canadian-Afghan Arrangement for the Transfer of Detainees (Refs H and I) is placed with the detainee documents (documents transferred to. NOS listed at para 28) that will be given to the NOS, with a second copy of Refs H and I given to the detainee, and then initiate transfer of the detainee to the NOS. It should be made clear to the Afghan detaining authority when transferring the file, that a copy of the Supplementary Arrangement is to be kept as part of the detainee's file, and if the detainee is transferred to another detention facility, a copy of the Supplementary Arrangement must also be transferred to the new detaining authority as part of that detainee's file;

c. JTF-Afg will inform the NOS and RC{S) if any detainee to be transferred warrants special consideration (such as females or persons who appear to be less than 18 years of age);

d. The JTF-Afg POlAD will provide any pertinent information to DFAIT personnel at the PRT to assist them in monitoring detainees who are transferred; and

e. The JTF-Afg POLAO should, where possible, witness the transfer of the detainee to the NOS (the ICRC and/or AIHRC may also be present); or

(2) Release.

a. Ensure a medical examination of the detainee is fully completed by a Medical Officer, Nurse Practitioner, or a Physician's Assistant and that a sealed copy of this examination (Annex E) is appended to the detainee file held by JTF-Afg;

b. Release the detainee with all his possessions. The detainee will receive assistance when required (e.g. taxicab fare, phone card); and

c. The 'Record of Release of a Detained Person' section of the Custody Record is to be completed at this time.

i. Infonn. On the transfer of a detainee to the NOS, or on the release of a detainee, the PO LAD will inform the Political Oirectorof the KPRT, DFAIT, and Canadian Embassies in Kabul and Geneva of the transfer or release. The POLAO will then ensure that this information is passed to the representatives of the ICRC and AIHRC located in Kandahar City (Annex G). The Canadian Embassies in Kabul and Geneva are responsible for the subsequent notification of the ICRC. Notification of the ICRC and AIHRC is the final requirement in the OETREP, once this notification has been confirmed the report is considered to be complete;

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