International Civil Liberties Monitoring Group

Coalition pour la surveillance internationale des libertés civiles

338 Somerset Street West, Ottawa, Ontario, K2P 0J9

Tel. (613) 241-5298

November 27, 2009

The Right Honourable Stephen Harper

Prime Minister of Canada

80 Wellington Street

Ottawa, Ontario

K1A 0A2

By fax: (613) 941-6900

Dear Prime Minister,

The ICLMG is a pan-Canadian coalition of 38 civil society organizations that was established in the aftermath of the September 11, 2001 terrorist attack in the United States. Its goal is to focus on the impact of new anti-terrorism legislation and other counter terror measures with regards to civil liberties, human rights, refugee protection, racism, political dissent, governance of charities, international cooperation and humanitarian assistance (See list of members attached).

The mandate of the coalition is to defend the civil liberties and human rights set out in the Canadian Charter of Rights and Freedoms, federal and provincial laws (such as the Canadian Bill of Rights, the Canadian Human Rights Act, provincial Charter of Human Rights or Privacy legislation), and international human rights instruments (such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment).

We are sending you this open letter to express our deep concerns regarding the transfer of Afghan detainees by Canada, and to support the call by Amnesty International (Canada) and the B.C. Civil Liberties Association for the immediate establishment of a Commission of Inquiry into the matter.

A key question raised in this matter is Canada’s obligation, under international law, to take steps to ensure that it is not transferring detainees to a risk of torture. This legal obligation includes a duty to inquire, to set up safeguards and to stop transfers where there are grounds to suspect torture.

Like countless Canadians, members of the ICLMG coalition are very disturbed by the testimony of Richard Colvin last week which highlighted the high risk of torture of detainees in the period prior to October 2007. This was widely supported by credible human rights organizations and within the international diplomatic community.

In our view it is unlikely that the Special Committee of Parliament will be able to adequately examine the questions raised in a setting that is plainly charged with partisanship and political interest. We believe Amnesty International and the British Columbia Civil Liberties Association have it right, with their call for a full public Commission of Inquiry into all aspects of the laws, policy and practice that has governed Canada’s approach to handling prisoners in Afghanistan. This Commission must have full powers to subpoena documents and witnesses.

In addition, it is absolutely essential that all the letters and memos sent by Mr. Colvin to government and military officials be made public immediately.

These steps are necessary to ensure transparency and accountability and to help re-establish Canada’s credibility and reputation as an advocate for democracy and human rights.

Yours sincerely,

Gerry Barr

Co-Chair of the ICLMG and

President-CEO

Canadian Council for International

Co-operation

Maureen Webb

Co-Chair of the ICLMG and

Legal Counsel

Canadian Association of University Teachers

C.C. Michael Ignatieff

Leader of the Opposition

Jack Layton

Leader, New Democratic Party

Gilles Duceppe

Chef, Bloc Québécois

ANNEX I

ICLMG MEMBERSHIP LIST

The International Civil Liberties Monitoring Group is a multi-sector coalition that promotes respect for human rights and civil liberties. Positions expressed by ICLMG speak to common concerns of members but do not necessarily articulate the position of individual member organizations.

· Amnesty International