A Collaboration with the University of Pittsburgh

Canada high court will not hear case on Afghan detainee documents

The Supreme Court of Canada [official website] on Thursday denied the government leave to appeal [judgments in leave] a decision requiring them to turn over redacted documents providing information about Afghan prisoner treatment. The complaint [case information] was filed by University of Ottawa law professor Amir Attaran [faculty profile], whose previous research uncovered a pattern of suspicious injuries on three detainees captured in April 2006 and later released. Attaran was originally granted permission [Ottawa Citizen report] to view the documents with significant portions blacked out. A Court of Appeals ordered the government to provide a more complete version of the documents in May 2011. Thursday's decision denied the government's final appeal, and Attaran is expected to receive a new version of the documents.

The Canadian Military Police Complaints Commission (MPCC) [official website] released a report in 2009 concluding that three Afghan detainees were not mistreated while in Canadian military police custody in Kandahar in 2006. The probe began following a civilian complaint filed by Attaran. The Canadian government ordered the inquiry [JURIST report] in February 2007. There are ongoing investigations into complaints [JURIST report] filed by Amnesty International Canada (AIC) and the British Columbia Civil Liberties Association (BCCLA) [advocacy websites]. Following public outcry, Canada signed a new agreement regarding detainee transfers [JURIST report] with the Afghan government in May 2007, giving Canada the right to inspect detainees following their transfer.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.