"It is possible that at one point or another some people under certain circumstances may have been mistreated. But to claim at this stage that these allegations are true or false, without due process and a professional investigation, is premature," Omar Samad, Afghanistan's ambassador to Canada, said in an interview yesterday.

Samad said Afghan authorities were convening an "independent" body that will include non-government bodies to examine the recent reports of abuse and torture in detention facilities in Kandahar.

"If there is a credible case of human rights violations, we have announced that we are not only going to investigate, seek help if need be, open all our doors to any monitors under a new arrangement – but also take corrective action and even enforce our laws on those who have committed violations," he said.

The ambassador also said there's no evidence so far that prisoners captured by Canadian troops suffered abuse after being transferred into the custody of Afghan authorities. "There is no proof that any of those prisoners who claim and allege to have been mistreated were either turned over by Canadian forces or have even been mistreated," he said.

Questions about the treatment of prisoners in Afghan jails have sparked a political storm on Parliament Hill over the past week, and even a demand that Canada's military stop all transfers of prisoners.

In the wake of that furor, Canadian officials struck a new deal with local prison officials in Kandahar to gain access to their facilities for follow-up visits with prisoners. Under the terms of the 2005 agreement Canada signed with Afghanistan for prisoner transfers, "there has not been any monitoring taking place until now," Samad said.

"We are right now looking at the best mechanism that would ensure not only access but adequate monitoring and follow-up," Samad said in Ottawa.But the diplomat also made clear that Afghanistan doesn't favour the solution endorsed by human rights advocates – a detention facility built and operated by NATO allies.

"We're not in the business of building extra-territorial prison facilities in Afghanistan, such as Guantanamo-type places, run by a foreign power," Samad said, referring to the U.S. prison camp in Cuba. "Afghanistan has its own institutions and will manage its own institutions but will, if need be, seek assistance," he said.

In a wide-ranging interview, Samad acknowledged Afghanistan's troubled history as he laid out the challenges of overhauling government institutions, including the justice system, undermined by years of conflict.

"We know what kind of background some of these torture and mistreatment issues have had in Afghanistan in the past 30 years. And no one claims that we now have a clean slate," Samad said.
"A country with that kind of a history and still dealing with dangerous and deadly elements in its midst is trying to reform itself and it's going to take time and effort, patience and commitment by all parties."

As Afghanistan's man in Canada since late 2004, Samad said he's been "continuously" seeking Ottawa's help in rebuilding Afghan institutions, including law enforcement. And for much of that time, he says his requests got a cold shoulder.

"It has not been an easy process," Samad said. "Certain issues that to us were a priority, which we know have far-reaching consequences of nation and state building, were ignored or were shunned."
Only in recent months has the federal government been more "engaged" and ready to tackle what Afghanistan sees as its own priorities, he said. "That includes law enforcement, training and we're still looking at other ways to improve all of this.

"Afghanistan cannot and will not become a functioning modern country without people who can run it and do so within legal bounds knowing their responsibilities to the Afghan constitution and international law."

Meanwhile, Amnesty International and the British Columbia Civil Liberties Association were scheduled to go before a federal judge this morning seeking an injunction to ban the transfer of prisoners to Afghan officials. The two groups filed a court action in February charging that Canada's existing transfer agreement does not ensure detainees will not be tortured by Afghan forces.

But federal lawyers will argue there's no evidence of abuse and that the courts have no role in judging military decisions. The federal court could rule on the injunction today.