Media release
12 August 2009
For immediate release

Amnesty International calls for NZ SAS redeployment to comply with laws of war and international human rights law

Following the Government's decision on Monday to redeploy New Zealand Special Air Services (SAS) to Afghanistan, Amnesty International is again calling for assurances that the New Zealand SAS will comply with international humanitarian law and human rights standards.

New Zealand must also provide accountability for any breaches of international law and bring to justice, in proceedings which meet international standards of fairness, any personnel found to have violated the laws of war, international human rights law, or other applicable laws.

"While the Prime Minister has said that the Government has sought an assurance that anyone captured by the SAS and transferred to the Afghan Army would be treated humanely and in accordance with international conventions, bilateral agreements do not absolve New Zealand of their obligation to uphold international law and protect detainees from torture and ill-treatment," says Amnesty International Aotearoa New Zealand CEO Patrick Holmes.

"Detainees in US custody in Afghanistan have in the past been subjected to violations of the prohibition of torture and other ill-treatment," adds Holmes. "We believe that detainees in Afghan custody remain at risk of torture and other ill-treatment."

Despite President Obama's executive order against torture, the current condition of detainees held by US forces remains murky, due to the continuing lack of transparency with respect to US detention policy and practices in Afghanistan.

"Any state that transfers someone to the effective control of another state where there are substantial grounds to believe he or she would face a real risk of torture or ill-treatment would be violating their legal obligations under the Geneva Conventions and Protocols, the UN Convention Against Torture, the International Covenant on Civil and Political Rights or customary international law."

International forces should retain responsibility for the custody of the people they capture, and not hand them over to the sole control of the Afghan authorities or any other authority where the detainees would face a real risk of torture or other ill-treatment or similarly serious human rights violations, until they no longer face the current risk.

Note to editors:
Amnesty International is calling for New Zealand and other International Security Assistance Forces to promote the reform of the Afghan detention system, including facilitating training of detention officials. Afghanistan's international partners should seek mechanisms to ensure fair trials for those in detention, including the option of mixed tribunals to try those apprehended in counter-insurgency operations by either Afghan or international forces.

At a time when Afghans are facing increasing insecurity, the international forces should focus on protecting the rights of the Afghan people and strengthening the rule of law which would serve to bolster stability and security throughout the country.

ENDS

© Scoop Media