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testimony of Mr. Ahmadshah Malgarai

I would like to inform all members of the Canadian Forces that I have written to the Chair of the Special Committee on the Canadian Mission in Afghanistan regarding recent testimony of Mr. Ahmadshah Malgarai.

Here is the text of that letter.

W. J. Natynczyk General Chief of the Defence Staff

16 April 2010

Mr. Chair,

I am writing to you today to provide factual information following accusations made by Mr. Ahmadshah Malgarai on April 14th, 2010 before the Committee. Mr. Malgarai made a number of accusations in his appearance that are being looked into by the Canadian Forces, but by far the most egregious was that a Canadian Forces member unlawfully shot and killed an individual in 2007.

Based on the information disclosed in Mr. Malgarai’s testimony, the Canadian Forces have every reason to believe that we have identified the event in question.

During the night from the 18th and 19th of June 2007, a Canadian-led operation, supported by Afghan and coalition forces, was launched on a compound associated with IED-making activity. The compound was suspected to be a staging area for rocket attacks against Kandahar Airfield as well as IED attacks against Canadian and coalition soldiers. Details of this event are very well documented. A full year of intelligence gathering by the CF and its coalition partners was done before this Canadian-led operation.

Operation reports which unfortunately cannot be made public as they contain sensitive information about tactics, techniques and procedures, indicate that during the mission an armed individual posed a direct and imminent threat to CF soldiers as they entered the compound. A shooter who was providing support to the operation identified the individual and assessed that he was a threat, and shot the individual. The actions of the shooter were an appropriate application of the rules of engagement and saved the lives of a number of Canadian Forces members that night. This individual was armed and was never detained.

During the course of the operation, ten Afghans were detained. Nine of these detainees tested positive for explosive residue. In accordance with standard procedures, these detainees were taken to Kandahar Airfield where they were processed and determined to be uninjured and in good health. During tactical questioning of the detainees, two individuals made allegations that coalition forces had planted a pistol on the deceased insurgent. It is worth noting that one of the two individuals later retracted his allegation.

Immediately following the mission, an after-action review was conducted to review the actions and outcomes of the operation. It was determined that all applicable rules of engagement and theatre standing orders were followed.

As you are well aware, before transferring a detainee into Afghan custody, the Canadian Task Force Commander must be satisfied that there is no substantial grounds for believing that there exists a real risk that the detainee would be in danger of being subjected to torture or other forms of mistreatment at the hands of Afghan authorities. The Canadian Forces do not transfer individuals for the purposes of gathering information.

In this particular case, the Commander at the time considered all the relevant information at his disposal and made the determination to transfer all ten individuals to the NDS in order to allow Afghan authorities to determine whether criminal prosecution was warranted. This is in accordance with our detainee transfer arrangements with the Government of Afghanistan. All individuals transferred were properly monitored and tracked through Canada’s monitoring mechanisms.

I want all committee members to know that the Canadian Forces take all allegations seriously and will investigate new allegations appropriately. Whenever there have been specific allegations, the Canadian Forces have not hesitated to act. As a result of Mr. Malgarai’s testimony, the Canadian Forces National Investigation Service is conducting an investigative assessment. And we welcome any individual who has any relevant information about this event to come forward and provide a sworn statement.

It is important for committee members as well as Canadians to recognize that we are conducting operations in a hostile environment. The Canadian Forces have always been and remain committed to ensuring that detainees are handled and transferred in accordance with our obligations under international law. We believe in upholding the values of justice, respect for human rights and the dignity of the individual.

Finally, I think that it is important to keep in mind the good work that the men and women are doing in Afghanistan. Since the beginning of our engagement in Afghanistan, some 30,000 soldiers, sailors and airmen and women have helped the people of Afghanistan build towards a brighter future. These men and women in uniform are in harm’s way. They are working on behalf of all Canadians in very difficult conditions and they continue to demonstrate great bravery and compassion.

I trust that this information gives you a clearer picture of what actually happened on the ground that evening in June 2007 and demonstrates the lengths to which the Canadian Forces go to ensure we conduct ourselves professionally, honourably and in accordance with the rule of law.

Sincerely,

W. J. Natynczyk
General
Chief of the Defence Staff
____________________________________

Afghanistan: Karzai and the US softer line (16 April 2010)

Please circulate / Prière de circuler

Links may have to be copied/pasted into your web browser in their entirety - this is especially true for CF addressees.)

The CDA highly recommends that you read the full copy of this briefing online: http://www.cdaforumcad.ca/cgi-bin/yabb2/YaBB.pl?num=1271433897/0#0

Dear Colleagues,

In this week's media briefing, the Conference of Defence Associations (CDA) would like to draw your attention to media coverage in the areas of:

- AFGHANISTAN
- AFTERMATH OF KARZAI’S COMMENTS
- WASHINGTON NUCLEAR SUMMIT
- CANADIAN DEFENCE AND SECURITY ISSUES
- RECOMMENDED READING

-- AFGHANISTAN ---
Ahmed Rashid for BBC News claims that the London Conference secured a broad consensus on the necessity of engaging the Taliban when preparing for an exit strategy. http://news.bbc.co.uk/2/hi/8490710.stm

Tony Perry for The Los Angeles Times writes that U.S. Brig. Gen. Larry Nicholson considers the security situation in Marja improved but still tenuous. http://www.latimes.com/news/nation-and-world/la-fgw-afghan-marja12-2010apr12 ,0,3038901.story

Doyle McManus for The Los Angeles Times examines Afghan and NATO perspectives on a negotiated settlement with the Taliban. http://www.latimes.com/news/opinion/la-oe-mcmanus11-2010apr11,0,5371688.colu mn

Rajiv Chandrasekaran for The Washington Post reports on unorthodox tactics being employed by the US Marines to disturb the opium harvest in Afghanistan. http://www.washingtonpost.com/wp-dyn/content/article/2010/04/12/AR2010041204 176.html?hpid=topnews

Jerome Starkey for The Times reports that Vice-Admiral William H. McRaven, Commander of the US Special Forces soldiers who killed five Afghans during a raid, asked their surviving relatives for forgiveness. http://www.timesonline.co.uk/tol/news/world/afghanistan/article7092604.ece

Adam Entous for Reuters reveals that the US military is playing an active, although largely unseen, role in Pakistan’s counterinsurgency campaign. http://www.reuters.com/article/idUSN12222012._CH_.2400

Laura King for The Los Angeles Times writes that Kanadaharis fear an increased Taliban present resulting from the planned Western offensive. http://www.latimes.com/news/nationworld/world/asia/la-fg-kandahar-fear14-201 0apr14,0,7154953,full.story

Greg Jaffe for The Washington Post reports on the American retreat from Korengal Valley. http://www.washingtonpost.com/wp-dyn/content/story/2010/04/14/ST201004140126 3.html?sid=ST2010041401263

Robert Fox for The Guardian warns against shifting Britain’s focus to Kandahar before finishing the job in Helmand. http://www.guardian.co.uk/commentisfree/2010/apr/13/afghan-push-kandahar-hel mand-uk

Meredith Buel for the Voice of America reports that General Petraeus warns civilian deaths undermine the mission; this comes in the wake of a NATO shooting at a civilian bus in southern Afghanistan. http://www1.voanews.com/english/news/asia/US-Commander-Says-Civilian-Casualt ies-in-Afghanistan-Undermine-the-Military-Mission--90785414.html

Ethan Baron for The National Post details the IED training Canadian soldiers are providing to the Afghan National Army. http://www.nationalpost.com/news/story.html?id=2906718

-- AFTERMATH OF KARZAI’S COMMENTS ---
Karen De Young and Joshua Partlow for The Washington Post report that President Obama sent a letter to Karzai reaffirming his commitment to Afghanistan. http://www.washingtonpost.com/wp-dyn/content/article/2010/04/09/AR2010040905 114.html

Laura King for The Lost Angeles Times posits that the US are forced to reconcile with Karzai because there is no alternative. http://www.latimes.com/news/nationworld/world/asia/la-fg-us-afghan12-2010apr 12,0,1939741.story

Fareed Zakaria for Newsweek argues that President Obama is self-sabotaging his prospects of success in Afghanistan by undercutting President Karzai’s credibility when there is no viable alternative. http://www.newsweek.com/id/236193

Deb Riechmann for Yahoo News writes that, in efforts to remedy its damaged relationship with President Karzai’s government, the US administration is pursuing a softer line. http://news.yahoo.com/s/ap/20100411/ap_on_re_as/as_afghanistan

Michael Perry for Reuters writes that Obama reaffirms American confidence in Karzai’s ability to lead, but says continued pressure on the Afghan government to purse reforms is necessary. http://www.reuters.com/article/idUSTRE63E1YC20100415

--- WASHINGTON NUCLEAR SUMMIT ---
Michael Evans for The Times writes that the gravest threat to the US, according to President Obama, is the possibility of nuclear terrorism. http://www.timesonline.co.uk/tol/news/world/us_and_americas/article7095032.e ce

David E. Sanger and William J. Broad report on Obama’s focus in the lead up to the nuclear summit in Prague convening 47 national leaders. http://www.nytimes.com/2010/04/12/world/12nuke.html?emc=eta1

The Toronto Star supports President Obama’s efforts to safeguard nuclear materials. http://www.thestar.com/opinion/editorials/article/794237--locking-down-loose -nukes

Michael Sherer for The Times explores Obama’s nuclear strategy in light of the nuclear summit which opened Monday. http://www.time.com/time/nation/article/0,8599,1981467,00.html

An editorial for The Washington Post expresses full support for Obama’s goal of “safeguarding all nuclear materials in four years.” http://www.washingtonpost.com/wp-dyn/content/article/2010/04/13/AR2010041304 018.html

Thomas Axworthy for The Star predicts that Obama’s initiatives to mitigate the nuclear stockpile and safeguard nuclear materials have reinvigorated the prospect of a nuclear free world. http://www.thestar.com/opinion/editorialopinion/article/796147--ray-of-hope- hope-flickers-before-nuclear-midnight

Colin Robertson in an Op Ed for The Globe and Mail commends the Canadian initiative, as a uranium producing nation, to repatriate and safely dispose of spent fuel and plutonium. http://www.theglobeandmail.com/news/opinions/take-care-of-uranium-from-cradl e-to-grave/article1532139/

Louis Rene Beres, Thomas McInerney and Paul Vallely for The Washington Times argue that Obama’s nuclear strategy has provided for arms control at the expense of deterrence. http://www.washingtontimes.com/news/2010/apr/16/arms-control-without-deterre nce/

Charles Krauthammer for The National Review Online points out that the Nuclear Summit’s agenda did not address two of the most pressing concerns, Iran and Pakistan. http://article.nationalreview.com/431579/not-much-of-a-summit/charles-krauth ammer

John Robson for The Ottawa Citizen describes Obama’s nuclear strategy as irritating at best and dangerous at worst, because it boasts a façade of good sense, while underneath it is rationally flawed. http://www.ottawacitizen.com/opinion/evil/2912826/story.html

--- CANADIAN DEFENCE AND SECURITY ISSUES ---
Robert Fulford for The National Post argues that the focus on Karzai’s corruption and the detainee issue represent a “colossal case of missing the point.” http://www.nationalpost.com/opinion/columnists/story.html?id=fcb5ce03-2771-4 257-b7c4-fe4bb3f6de1e

A Globe and Mail editorial proposes that Canada can play a leadership role in nuclear disarmament and safeguarding nuclear material. http://www.theglobeandmail.com/news/opinions/Somnia/article1532206/

A Globe and Mail editorial argues that Prime Minister Harper needs to clarify Canada’s long term commitment and strategic interests in Afghanistan. http://www.theglobeandmail.com/news/opinions/editorials/Somnia/article152982 2/

Colonel (Ret’d) Alain Pellerin, in an interview with CTV News, discusses possible roles for Canada post-2011 in Afghanistan. http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20100414/soldier_repatri ation_100414/20100414?hub=Canada

--- RECOMMENDED READING ---
Catherine Mayer for The Times reports that British troops are becoming war weary despite the enthusiasm of new officer cadets. http://www.time.com/time/world/article/0,8599,1978680,00.html

Ewen MacAskill for The Guardian reports that General Keith Alexander, Obama’s appointee to prepare American cyber defence, warns of an increase in cyber attacks against America. http://www.guardian.co.uk/world/2010/apr/15/cyber-security-chief-keith-alexa nder

John Hughes for The Christian Science Monitor speculates whether General Petraeus will be a presidential candidate in 2012. http://www.csmonitor.com/Commentary/John-Hughes/2010/0415/David-Petraeus-for -president-in-2012

--- TO CONCLUDE ---
The CDA continues to contribute to a non-partisan and informed debate about security and defence issues important to Canada and Canadians. We welcome your feedback and suggestions.

Regards,

Executive Director, Conference of Defence Associations
222 Somerset Street West, Suite 400B
Ottawa, Ontario, Canada K2P 2G3
Tel: +1 (613) 236-1252
Fax: +1 (613) 236-8191
E-mail: director@cda-cdai.ca
Web: www.cda-cdai.ca

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