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Supreme Court of Canada won't hear Afghan detainee case
Last Updated: Thursday, May 21, 2009 | 11:14 AM ET Comments122Recommend45
CBC News
The Supreme Court of Canada said Thursday it will not hear arguments that captives handed over to Afghan authorities by Canadian troops should be protected by the Charter of Rights.
As is its custom, the court did not give reasons for its decision.
The issue sparked controversy two years ago when published reports detailed claims from Afghan prisoners who said they were tortured at the hands of local authorities after being handed over by Canadian soldiers.
Lawyer Amir Attaran, a University of Ottawa professor, has acted as co-counsel for Amnesty International Canada and the British Columbia Civil Liberties Association, which brought the case.
"We've seen absolutely zero evidence that Afghanistan has stopped torturing detainees," Attaran said Wednesday.
Alex Neve, the secretary general of Amnesty International, said a soldier standing on Canadian soil is clearly prohibited from handing over a captive to someone who may torture that prisoner.
"Why should that be any different simply because the soldier has left the country? They're still a Canadian soldier operating according to Canadian law, deployed in Afghanistan pursuant to a decision of the Canadian Parliament."
The Federal Court of Canada, in a decision upheld on appeal, ruled the charter does not automatically follow soldiers overseas and that foreign prisoners must rely on international law.
More than 2,800 Canadian soldiers are serving in Afghanistan as part of the NATO mission.
