Click to increase image sizeClick to decrease image size Notes See, for instance, a letter from Portuguese Foreign Minister Luis Amado on the occasion of the 60th anniversary of the Universal Declaration of Human Rights, 10 December 2008, http://www.mne.gov.pt/mne/pt/noticias/200812101640.htm. See, among others, Philippe Sands, Torture Team: Deception, Cruelty and the Compromise of Law (London: Allen Lane, 2008); Jane Mayer, The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals (New York: Doubleday, 2008). It is unclear to what extent European forces in Afghanistan handed over detainees to the United States before 2004–05. Given that US forces were the only ones that had (and have) in-theatre detention facilities, at Bagram airbase and in Kandahar, it seems likely that transfers occurred. Such transfers were probably few, since the ISAF mandate was initially limited to Kabul and European states deployed relatively few troops under the Afghanistan-wide mandate of Operation Enduring Freedom. Amnesty International, Afghanistan – Detainees Transferred to Torture: ISAF Complicity?, 13 November 2007, ASA 11/011/2007, available at http://www.unhcr.org/refworld/docid/473969ab2. html. The same applies to Canada. The US has reportedly also concluded a memorandum of understanding with the Afghan government. Interviews with Legal Advisor, German Ministry of Defence, Bonn, March 2007, and with NATO Legal Advisor, Mons, January 2007. Dick Marty, Alleged Secret Detentions and Unlawful Inter-state Transfers involving Council of Europe Member States (Strasbourg: Council of Europe, 2006). For the UK case in particular see the documents compiled by the All Party Parliamentary Group on Extraordinary Rendition, http://www.extraordinaryrendition.org/. Relevant legal sources are the Convention Against Torture and, for European states, the European Convention on Human Rights. Paul Koring, ‘Amnesty Slams Canada over Afghan Detainees’, Globe and Mail, 21 February 2007. Phone interview with former Foreign and Commonwealth Office adviser in Helmand, December 2008. See for example Kirk Semple, ‘8 Prisoners Die in Uprising at Afghan Prison’, International Herald Tribune, 5 December 2008. ‘Interpol pushes Afghanistan to record “terrorist” prisoners’, Agence France- Press, 19 September 2008. Nils N. French, ‘The Sarposa Prison Break’, Canadian Army Journal, vol. 11, no. 2, Summer 2008, pp. 8–15. Sami Yousafzai and Ron Moreau, ‘Afghan Prison Blues’, Newsweek, 11 February 2008. According to German General Hans- Christoph Ammon, head of the German Special Forces, this failure was due to insufficient funding and an inappropriate training approach. Judy Dempsey, ‘German General Breaks Silence on Afghanistan’, International Herald Tribune, 30 November 2008. Poor police training is widely believed to increase the likelihood of torture and ill-treatment. The EU endorses the provision of effective police and judiciary training as one of the core instruments in its efforts to prevent torture in third countries. See Guidelines to EU Policy towards Third Countries on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Luxembourg: General Affairs Council, 9 April 2001). The Dutch forces seem to work on this assumption as well, since they are reported to transfer detainees only to those Afghan forces that they themselves have trained. See Ashley Deeks, ‘Administrative Detention in Armed Conflict’, Case Western Reserve Journal of International Law, vol. 40, no. 3, 2008–2009 (forthcoming). Letter from Portuguese Foreign Minister Luis Amado on the occasion of the 60th anniversary of the Universal Declaration of Human Rights. See Laurel E. Fletcher and Eric Stover, Guantanamo and Its Aftermath: U.S. Detention and Interrogation Practices and Their Impact on Former Detainees (Berkeley, CA: Human Rights Center, 2008). Additional informationNotes on contributorsSibylle ScheipersSibylle Scheipers is Director of Studies, Oxford Leverhulme Programme on the Changing Character of War.
Read full abstract