Afghan detainees not under Canadian law

A judge ruled Wednesday that prisoners captured by Canadian troops in Afghanistan are not covered by Canada's civil rights laws, complicating efforts by rights groups to stop the transfer of insurgents to Afghan custody.

Amnesty International and the British Columbia civil Liberties Association are trying to prevent Canadian forces from turning suspected Taliban members over to Afghan officials because of reports of torture.

Federal Court Judge Anne Mactavish said the detainees do have rights under the Afghan constitution and international law — but not Canadian law. The rights groups had argued the prisoners should be protected by the Charter of Rights, Canada's bill of rights.

Mactavish has yet to rule on Amnesty's request that prisoner transfers be halted.

Transfers were suspended in November after Canadian officials saw evidence that one prisoner was abused by his Afghan jailer after being handed over by the Canadians. The Canadian military said last month that it would resume handing over prisoners to Afghan authorities.

Canada's government says that more than $1.5 million has been spent since November upgrading Afghan prison facilities and that guards and prison officials have undergone more professional and human rights training.

The judge's decision came as the chairman of Canada's military police complaints commission ordered hearings into the treatment of prisoners. Peter Tinsley said hearings were necessary because Canada's Conservative government has refused to provide full access to information.

Canada has about 2,500 soldiers involved in combat in Afghanistan's volatile south.