New Evidence Suggests Canada Complicit in Afghani Torture

By William Miller

Impunity Watch Reporter, North America

Asadullah Kalid
Asadullah Khalid Former governor of Kandahar is notorious for his human rights abuses. New evidence suggests Canada defended him and may have secured his tenure as governor (PHOTO: Canadian Press)

OTTAWA, Canada – An uncensored version of a memo which was confidentially shown to the Canadian Press suggests Asadullah Khalid,  the former governor of Kandahar, Afghanistan who was notorious human rights abuses, might have been removed from office two years earlier had Canada not intervened on his behalf. The memo is the latest revelation in the ongoing inquiry into allegations that Canada was complicit in the torture of Afghani detainees.

The accusations of Canada’s complicity in torture began last month when former Ambassador Richard Colvin accused the Canadian government of ignoring his reports that Afghani Detainees where likely being tortured after transfer to the Afghanistan National Police. On December 9, General Walter J. Natynczyk confirmed that Canada was not only aware that at least one prisoner was tortured as early as 2006, but was also suspicious that prisoners were being tortured prior to this confirmation.

The memo, which was uncovered by the Canadian Press yesterday, now suggests that Canada was not only complicit in torture of afghan detainees, but actively defended Khalid on at least one occasion. The memo which was authored by former Ambassador Colvin reads “[a]s far as I know, Canada has never suggested to (President Hamid) Karzai that Asadullah be replaced…In the one meeting where the subject was discussed, in July 2006, it was the president who raised the issue; Canada defended the governor, thereby ensuring his continued tenure.”

Colvin also claims that the government not only largely ignored his concerns but asked him to stop putting them in writing.

This memo had been publicly released before but was heavily censored. In the original version every reference to Khalid was blacked out.

Khalid has a bleak record on human rights. According to the memo, it was well known in Kandahar that Khalid ran a private torture facility where he kept detainees handed over by the Canadian Military. In 2007, he displayed the battered remains of Taliban Leader Mullan Dedullah for the press and later refused to return the remains to Dedullah’s family for burial.

Khalid was transferred to Kabul and assigned to be the official in charge of tribal affairs in 2008. The Canadian government withdrew its support of Khalid in that same year, almost a year after Colvin’s memo. Defense Minister Peter Makay is denying the accusations and insisting that Canada did raise concerns about Khalid.

For more information, please see:

Canadian Press – Canada Did Raise Concerns About Afghan Governor Accused of Torture, Mackay Says – 14 December 2009

Canadian press – Canada Kept Feared Afghan Governor in Power Despite Rep as ‘Human-Rights Abuser’ – 14 December 2009

New York Times – Canadian General Now Acknowleges Risk to Afghan Detainees – 9 December 2009

General Admits Canada Knowledge of Torture

By William Miller

Impunity Watch Reporter, North America

OTTAWA, Canada – A top general  in the Canadian Military admitted on Wednesday, December 9, 2009 at a press conference that the Canadian Military knew that at least one of the detainees which Canada turned over to Afghanistan authorities had been tortured while in Afghani custody. General Walter Natynczyk, Chief of the Defense Staff, had refuted allegations that Canada had reason to suspect that prisoners transferred to Afghani Custody were tortured or beaten. He specifically denied that the particular prisoner who was the subject of his admission Wednesday had ever been in Canadian custody.

On Wednesday, Natynczyk called a press conference several hours before his superior, Defense Minister Peter Mackay was to testify before a Parliamentary Committee investigating accusations that the Canadian Government had been complicit in the torture of Afghan Detainees. Natynczyk admitted that “[t]he individual who was beaten by the Afghan police was, in fact, in Canadian custody, and then the ANP (Afghan National Police) took control of him to facilitate his movement from the battlefield.” He did however maintain that the Canadian military “did the right thing” having seized the prisoner from the ANP to return him to Canadian custody.

Natynczyk read from a report written in 2006 by a Canadian Sergeant in Afghanistan which said  “[w]e then photographed the individual prior to handing him over to ensure that if the Afghan National Police did assault him, as had happened in the past, that we would have a visual record of his condition.” This report is significant because it shows that not only was a prisoner beaten after having been transferred to ANP custody but, that the Canadian military had reason to suspect that abuse was taking place before the incident.

Until now Prime Minister Stephen Harper and his cabinet, have maintained that the Canadian military acted responsibly in all prisoner transfers. They have denied that there is any evidence that any prisoner transferred to ANP custody has ever been abused.

Accusations that the Canadian Government was complicit in torture emerged last month when former ambassador Richard Colvin said that the Government had ignored warnings that transferred detainees were being abused by the ANP. Colvin said “[t]he likelihood is that all the Afghans we handed over were tortured.”

Stephen Harper maintains that the Canadian military acted responsibly in all instances where prisoners were transferred to ANP custody. He continues to criticize those who accuse the Canadian Military and Government of war crimes.

For more information, please see:

Media Monitors Network – Afghanistan: Canada Complicit in Torture and War Crimes – 13 December 2009

Ottawa Citizen – Detainee Bombshell Drops – 10 December 2009

AFP – Canada’s Top General Admits Knowledge of Prisoner Abuse – 9 December 2009

Mexico Condemned for Femicide in Juarez

 

By Brenda Lopez Romero
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – The Inter-American Court of Human Rights (IACHR) ruled today that the Mexican State is responsible for the triple femicides that occurred in 2001 in Juarez and Chihuahua. Mexico was legally sanctioned for damages and reparations in the amount of of $847,000 for the victims families. 

The Mexican government was accused of the murders of Esmeralda Herrera Monreal, fifteen years old; Laura Berenice Ramos Monárrez, seventeen years old, and Claudia Ivette González, twenty years old.

Additionally, the Court ruled that Mexico must remove the barriers to the suit for these three murders and was ordered to raise a monument within a year in memory of the victims and maintain a permanent website with information on all the women, teenagers, and girls that have disappeared since 1993.

IACHR also condemned Mexico for the killing and disappearance of women that have occurred since 1993.  The Court considered the homicides as “alarming” and ruled that Mexico violated anti-discrimination rights of women and children, the right to life, integrity, personal liberty, integrity of the victims families, and did not meet its duty and obligation to protect its citizens. 

The Court acknowledged that Mexico had “realized a recognition of partial responsibility … but had not adopted reasonable measures, in accordance to the circumstances of the case, to find the victims alive.”  Furthermore, the Court stated that there was a common denominator in all the cases, the fact that all the victims were females. Mexico attributed the homicides to various motives, but conceded that the overriding factor was the “influence of the culture of discrimination against women.”

The Secretary of State stated “that it was worth mentioning that most of the orders of the judgment refer to actions that the fed and state government have already implemented.” 

For more information, please see:

Los Angeles Times – Court Cites Rights Failure by Mexico in Juarez Killings of Women – 11 December 2009

The Associated Press – OAS Court Condemns Mexico Probes of Women Slayings – 11 December 2009

The New York Times – Mexico: Rebuke on Investigation of Murders – 11 December 2009

Obama Accepts Nobel Peace Prize

By Stephen Kopko   

Impunity Watch Reporter, North America

WASHINGTON, D.C. – United States President Barack Obama accepted the Nobel Prize for Peace in Norway today. Obama accepted the award after asking Congress for an additional thirty thousand troops to fight the war in Afghanistan. During his acceptance speech, Obama gave his reasons for increasing the number of troops to continue the war in Afghanistan. 

In October, the Norwegian Nobel Committee awarded the President the Nobel Prize for Peace. The award surprised many people around the world. Obama had only been in office less than a year before he was awarded the coveted prize. Obama was also surprised by the committee’s decision. After being notified of the recognition, Obama stated that he did not deserve to be in the company of past Peace Prize winners. He was humbled by the selection and would use it to promote important international objectives. These objectives include nuclear nonproliferation, settlement of the Arab-Israeli conflict, and correcting the downturn in the global economy. 

Obama’s acceptance speech today focused on the current conflict in Afghanistan. Obama began his speech by saying that he was honored and humbled by being considered and recognized for the Peace Prize. He then stated that he admired past winners of the award that promoted nonviolent movements including Martin Luther King, Jr. and Gandhi. Obama then turned attention to the situation in Afghanistan. He stated that evil exists in the word and that he must defend the people of the United States against that evil, stating: “A nonviolent movement could not have halted Hitler’s armies. Negotiations cannot convince Al-Qaida’s leaders to lay down their arms.” 

Obama’s speech also outlined his definition of just war. He stated that the use of force is not cynical, but is a “recognition of history.” He then outlined three ways in which war is just. According to Obama, when a nation acts in self defense, in helping or aiding an invaded nation, and when acting in a humanitarian capacity after a nation murders its own citizens, force could be used. Obama also stressed how the United States should act when it is faced with using force. Wars should be fought according to the “rules of conduct.” He rejected the use of practices such as torture and the murder of innocent people. 

For more information, please see:

Christian Science Monitor – Left and Right, Pundits Applaud Obama Nobel Peace Prize Speech – 10 December 2009

MSNBC – Accepting Peace Prize, Obama Defends War – 10 December 2009

CNN – Nobel Peace Prize is “Call to Action” – 9 October 2009

U.S. Moves to Settle Longstanding Indian Cobell Case for $3.4 Billion

By Brenda Lopez Romero
Impunity Watch Reporter, North America

WASHINGTON, D.C. – The Obama Administration moved to settle a contentious case as “an important step towards reconciliation … I heard from many in Indian Country that the Cobell suit remained a stain on the nation-to-nation relationship I value so much” stated President Obama. He also said that he was proud the step had been taken. The Interior Secretary Ken Salazar said “this is an historic, positive development for Indian country.”

The Native American plaintiffs alleged the Interior Department mismanaged billions of dollars in national resources income from their lands. The Cobell class action lawsuit was filed in 1996. The government deal would provide $1.4 billion for 300,000 tribe members as compensation and set up a $2 billion fund to buy land from them.

The issue began with the 1887 Dawes General Allotment Act, which divided reservations into individually allotted parcels per Indian family, creating massive amounts of “surplus” land, usually very rich in natural resources, that was then handed over to white-owned industries. The federal government promised to compensate for the land loss. However, private land ownership is largely a foreign concept within Indigenous societies, peoples that generally view land as a communal asset.

Given that history, issues eventually arose over the adequate compensation that was promised. The class argued that the government, which was to oversee the Indian trust, actually mismanaged billions of dollars in oil, gas, grazing, and timber royalties.

(PHOTO: Ms. Cobell, Courtesy of BBC News)

Cobell The named plaintiff, Elouise Cobell (citizen of the Blackfoot Nation) welcomed the settlement, but she said there was “no doubt” the final amount was “significantly” less than what was actually deserved by Native Americans.  Based on their calculations, they estimate that they are owed $47 billion. Nonetheless, Cobell stated: “today is a monumental day for all of the people in Indian Country that have waited so long for justice.” Cobell also remarked, “did we get all the money that was due us? Probably not… but there are too many individual Indian beneficiaries that are dying every single day without their money.”

The Department of Interior plans, as part of the settlement, to buy back individual trust interest from individuals to free up lands for the benefit of tribal communities, but conceded that some class members would likely be distrustful of selling their interests. As an incentive to sell, the deal includes funding set aside up for to five percent of the value of the interests to go to higher education and vocational scholarships for Indigenous students.

In order for the settlement funds to become available Congress must pass legislation appropriating funds and approving the deal. Salazar said he hoped that this would occur before the end of the year.

For more information, please see:

BBC News – US to Pay $3.4bn to Settle Native Americans Land Case – 8 December 2009

Bozeman Daily Chronicle – American Indians at MSU Praise Cobell Settlement – 8 December 2009

Indian Country Today – Obama Administration Moves to Settle Cobell – 8 December 2009