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War, War, War
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Title: Another witness blocked from Afghan torture inquiry
Source: [None]
URL Source: http://www.canada.com/news/Another+ ... ure+inquiry/2072943/story.html
Published: Oct 11, 2009
Author: Mike De Souza
Post Date: 2009-10-11 21:16:35 by Horse
Keywords: None
Views: 23

OTTAWA — The Harper government is being accused of abusing Canada's anti-terrorism laws after revelations that another key witness is being blocked from presenting evidence for an inquiry into the Canadian military's handling of Afghan captives.

The detainees were allegedly tortured after being transferred to local Afghan authorities, prompting the inquiry by the Military Police Complaints Commission. Although the government has cited national security concerns after filing a motion to prevent 22 witnesses from testifying and presenting evidence, newly released letters have revealed that at least two witnesses actually wanted to appear at the inquiry, which is scheduled to resume Wednesday.

One of the letters, sent to the Department of Justice on Monday by a lawyer for Richard Colvin, a Foreign Affairs official who visited Afghan prisoners, suggests the government is improperly using legislation designed to protect national security.

"It (anti-terrorism legislation) was not intended to be used tactically to intimidate witnesses from giving evidence in administrative proceedings carried out by government-created bodies," wrote Lori Bokenfohr in the Oct. 5 letter to the Department of Justice. "We raise these issues to emphasize that the interests of justice are not served when an ordinary witness such as Mr. Colvin is threatened by the Department of Justice for abiding by the terms of a subpoena served on him."

Letters sent to and from the commission have also revealed that Capt. Steve Moore, who retired from the military police, is also attempting to submit evidence to the inquiry.

The proceedings were launched after a complaint was filed by Amnesty International and the British Columbia Civil Liberties Association that questioned whether Canadian military police were aware the detainees would be tortured by Afghan officials.

"It demonstrates that the government is willing to go to any lengths to prevent witnesses from testifying, and that includes, if necessary, damaging their own reputation with other government officials," said Paul Champ, a lawyer for Amnesty International. "I think that's a matter of serious concern for the public service, generally."

Champ has suggested the government is trying to delay proceedings until the commission's chairman, Peter Tinsley, retires. But National Defence Minister Peter MacKay, dismissed accusations that the government is trying to interfere with the inquiry.

"Clearly, we have able people now serving on that commission who will continue the important work," said MacKay in response to a question from NDP defence critic Jack Harris in the House of Commons. "I wish (Harris), who is a serving member of the bar, would respect this process, let this commission proceed with its work, and not splash acid on the people who are trying to get to the bottom of this investigation."

MacKay added that the government has provided "thousands of documents" and co-operated with witnesses within the mandate of the commission.

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