Supplementary memorandum from the Ministry
of Defence
During my recent joint oral evidence session
with David Miliband, the Defence Committee and the Foreign Affairs
Committee asked questions about our detention policy and legal
obligations. The Clerk wrote to our Liaison Officer on 11 November
confirming the information we promised to provide.
You asked for further information on detainee
numbers (Q21, 25 & 26). I intend shortly to provide a statement
to the House updating the public record on this issue, drawing
on the outcome of our review of detention records. I will ensure
that the statement responds to the questions you have asked. In
the meantime, however, on the basis of our review and our enquiries
to date, I am pleased to confirm that there is no evidence that
anyone transferred to US custody by the UK was ever transferred
onwards to Guantanamo Bay (Q29).
I also want to take this opportunity to confirm
our legal position with respect to detainees. The UK does not
have legal obligations towards the treatment of individuals we
have detained once they have been transferred to the custody of
another state, whether in Iraq and Afghanistan or through the
normal judicial extradition process. We work to ensure that the
justice system of the host state is able to offer an accused a
fair trial and that the facilities to which he or she may be transferred
meet basic minimum standards. We take this obligation very seriously,
which is why we are working closely with coalition colleagues
and the Iraqi and Afghan authorities to help them to develop their
justice sectors and the rule of law.
I also agreed to furnish you with a note itemising
those members of ISAF who have made commitments to increase their
dispositions and deployments in Afghanistan (Q77). There are currently
41 countries contributing to the NATO ISAF mission contributing
around 50,000 troops. These troops are based across the five main
Regional Command areas with the majority based in Regional Commands
South and East.
Regardless of their current intentions and political
will, each nation has its own parliamentary and political processes
to adhere to and we must respect this. It would be inappropriate
for me to speculate on any future commitments from other nations.
What I can say is that recent announcements
from a number of our ISAF partners reaffirm, and in some cases,
increase, their commitment to this mission. This has reassured
me that the United Kingdom is not the only nation committed to
stay in Afghanistan until the job is done.
The United States, by far the biggest contributor
has committed to deploy an additional Battalion and Brigade Combat
Team to Afghanistan. Germany has recently renewed its mandate
and increased the ceiling of its commitment to 4,500 troops. The
Government of France have approved the continued presence of the
French military contingent. The Canadians are to enhance the air
support capability in Kandahar early next year. And the Estonians
have extended their mission to Afghanistan increasing their commitment
from 150 to 170 troops.
There are other ways in which partner nations
are contributing to the NATO mission. For example, as well as
their contribution of approximately 400 troops, the Czech Republic
has donated 12 helicopter airframes to the Afghan National Army
Air Corps. 6 of these are now in Afghanistan and a further 6 have
been refurbished and are awaiting transportation.
As you will be aware, the NATO mission in Afghanistan
is more than just about how many troops we have on the ground.
It is about the international community supporting the Government
of Afghanistan in building peace and resilience. This involves
a significant military commitment but there is also a considerable
civilian commitment.
Much of this work is being delivered by the
26 Provincial Reconstruction Teams located across the country,
led by nations such as Australia, The Netherlands, Romania, Italy,
Spain, Lithuania, Sweden, Hungary, Norway, New Zealand and Turkey.
These teams consist of civilian and military specialists and they
work to deliver aid and reconstruction projects as well as provide
security for these activities.
We should also bear in mind the significant
commitment from the 65,000-strong Afghan National Army. This Army
is being built almost from scratch. In only a relatively short
period of time we have seen Afghan troops begin to conduct independent
operations with minimal ISAF support.
The support we provide along with our ISAF partners
and the efforts of the Afghans should be commended.
I am copying this to Mike Gapes MP and to David
Heathcoat-Amory MP and will place a copy in the Library of the
House.
Rt Hon John Hutton MP
17 November 2008
|