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SECRET CEOPIs pass to:KANDH KAF GranU Cessford! Walker! LaflammeKANDH -- Buchanl Fudge! ChamberlainPCOIIAS -- Taylorl Popovich! Telford! BrysonONATO POL -- Anderson! Chupick/ JAG! Bolt

Ref: KBGR0259 of 21 April. 2007 on UNAMA in the south

Summary: On 26 April . we met with the International Committee of the Redzloss RC) and UNAMA to discuss ways to" ,tt" ,... I I \J" ' lv monitor detainees transferred by Cdn forces to Afghan

. . . . . . .i.1KA.B,Uliiu.c.o.lv.inia.n.diiB.'.OO.diiwiio.rtiiih.m.e.t.w.ith. International Committee of the Red Cross (IC!!I We also met separately with UNAMA Chief HumanOfficer Richard Bennett. Primary purpose of the meetings was to seek ICRC and UNAMA views on possiblemethodologies to effectively monitor detainees transferred to Government of nistan (GoA) custody by Cdn forces.The information is useful as we consider our

ICRC's n ....." t ' r 'n is that each nation has international legal obligations regarding the transfer

Document Number INumero du documentD-IIO - OJ.b. . Ib- I) -ot-f .2009 11 h f - . e , p t D a t e ! ~ e ~ , ..= _ =.- - =--- - 67 1 of

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UNAMA13. According to Richard Bennett, UNAMA's mandate includes monitoring detainees, and UNAMA does conduct somedetainee monitoring. Bennett said that UNAMA will look into specific cases if requested, as well as visit jails and report onprison conditions. UNAMA's emphasis however is on supporting AIHRC and, over the medium term, helping build their

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capacity to take on this role.14. We asked Bennett whether UNAMA could, in whole or part, monitor detainees transferred by Cdn forces. He saidthat capacity is an issue. There is only one international human rights officer,___ n Kandahar; the UN'ssecurity division will not increase the staff ceiling. (Comment: For an a s s e s s m ~ security c o n s i d ~ r a t i o n , pissee refte!.] Bennett was unsure as to whether :urrentlyeven visits NOS facilities. In Kabul, the operational HumanRights Office staff -- as opposed to the UNAMA Human Rights office staf f - numbers only three, so here too there may beresource issues, said Bennett.15. Bennett said he would however make enquiries as to whether UNAMA could possibly take on such a role. The nextday, on 27 April, he emailed us to inform us that, "After consideration, I do not think UNAMA will be in a position tosystematically monitor detainees transferred to Afghan authorities by Canadian forces . We may be able to follow up onindividual cases should you have cause for concern, provided we have access to the relevant place of detention. I agreethat it may be advisable for the Canadian government to deploy its own monitors in Afghanistan."

He asked about Canada's policyin no war, are war; should insurgents in our viewbe put through the Afghan criminal justice system? We said we did not know but would make enquiries and get back tohim.

Drafted: Bloodworth, ColvinApproved: Lalani

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