Update: Afghanistan Detainee Management

*Stephen Smith MP*

Minister for Defence

Update: Afghanistan Detainee Management

Last December I announced the details of Australia’s detainee management framework in Afghanistan following the Dutch withdrawal from Uruzgan Province on 1 August 2010.

At the same time, I committed to providing regular updates on
developments in detainee management in Afghanistan.

Australia takes its responsibilities for the humane treatment of
detainees seriously. Australia’s detainee management framework draws on
applicable international standards and is consistent with international
humanitarian and human rights law, as well as Australian domestic law.

Under the detainee management framework, detainees apprehended by the
Australian Defence Force (ADF) are transferred either to Afghan or
United States custody, or released if there is insufficient evidence to
justify ongoing detention.

From 1 August 2010 to 13 February 2011, Australia apprehended 425
detainees. Of these, 80 have been transferred to Afghan or United
States authorities. The remainder have been released following initial
screening.

Australia has in place arrangements with the Governments of Afghanistan
and the United States to govern all detainee transfers, which include
assurances on the humane treatment of detainees and access to those
detainees by Australian officials and humanitarian organisations to
monitor their ongoing welfare.

Australia’s detainee monitoring teams monitor the welfare and detention
conditions of ADF-apprehended detainees while they are in United States
or Afghan custody until they are either released or sentenced. The
monitoring team visits each ADF-apprehended detainee shortly after
transfer and approximately every four weeks after the initial visit.

All allegations of mistreatment against ADF-apprehended detainees are
fully investigated.

Since 1 August 2010, 8 allegations (from 6 detainees), have been made
and thoroughly investigated. These allegations have been found to have
had no substance and have been dismissed. Since 1 January 2011 one
allegation has been made . The allegation was thoroughly investigated
and found to have had no substance and has been dismissed. These
allegations and the outcome of the comprehensive investigations is
reported in full to the International Security Assistance Force (ISAF)
and appropriate humanitarian organisations.

In keeping with the commitment to be open and transparent on detainee
management matters, I also advise that, in late January, the Australian
Defence Force Investigative Service (ADFIS) initiated an investigation
into allegations made by a Defence member that members of the Detention
Management Team in Afghanistan, responsible for managing the ADF
detainee screening facility at Multinational Base-Tarin Kot, may not
have complied with procedures relating to the management and
administrative processing of detainees.

These allegations have been and are being taken very seriously and a
full investigation by ADFIS is underway.

I will make the results of the investigation public in due course.

In reporting the investigation to me, the acting Chief of the Defence
Force (CDF) also advised that some failures of the CCTV recording
system, which operates at the ADF screening facility, had been identified.

The ADF is addressing this serious CCTV issue and has begun to put in
place procedures to resolve the matter, including immediate action to
ensure continuous footage is being recorded and archived.

The CDF will report the outcomes of this action to me in the near future.

Not only is Australia committed to holding our own personnel to the
highest standards on detainee management, if ADF personnel become aware
of concerns regarding the treatment of detainees by our International
Security Assistance Force (ISAF) or Afghan partners, we also treat this
with the utmost seriousness.

In this respect, I advise that, in early February, Australian soldiers
witnessed an incident that occurred during an Afghan detention operation
in Uruzgan Province.

At the time of the incident, Australian soldiers were operating some
distance from Afghan National Security Forces.

Australia has raised the matter with the Afghan Government and ISAF and
asked that the matter be fully investigated. ISAF Joint Command will
participate in an investigation led by the Afghan National Security Forces.

As well, I undertook to provide details on the numbers of detainees who
have been captured, released and subsequently recaptured by Australian
forces.

Since 1 August 2010, I am advised the ADF have captured four people who
were subsequently released, then recaptured.

The ADF does not continue to detain people if there is a lack of
evidence which shows that detention is justified.

Three of the individuals in question were released on both occasions as
there was insufficient evidence to warrant their continued detention.

In the case of the fourth individual, the second time he was apprehended there was sufficient evidence to provide a conclusive link to the insurgency. In accordance with Australia’s detainee management
framework, he was transferred to the Detention Facility in Parwan.

I will continue to provide regular updates, including to Parliament, on
detainee management matters in Afghanistan.

ENDS

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