During my visit to Uruzgan I again visited Australia’s purpose-built screening facility at Multinational Base-Tarin Kot where detainees captured by Australian forces are held for a limited time for screening.
Again an opportunity was given to show representatives of the Australian media this facility, reflecting Australia’s commitment to transparency with respect to these matters.
The facility is structured to ensure the humane treatment of detainees, consistent with Australian values and our domestic and international legal obligations.
Detainees are able to freely practice their religion, and are provided access to exercise, adequate food and water, suitable sleeping arrangements and other amenities.
The facility is also open to regular inspection by the International Committee of the Red Cross. The first such inspection took place in October 2010, with another taking place in March this year.
Once initial screening is complete, detainees are transferred either to Afghan or United States custody, or released if there is insufficient evidence to justify ongoing detention.
In the period 1 August 2010 to 8 May 2011, Australia apprehended 590 detainees. Of these, 81 have been transferred to Afghan authorities and 40 to US authorities. The remainder have been released following initial screening.
Since 1 August 2010, 15 allegations of mistreatment from 13 detainees have been made against the ADF. Thirteen of these allegations have been thoroughly investigated. They were found to have had no substance and were dismissed.
Two more recent allegations remain under review.
These allegations and the outcome of the comprehensive investigations are reported in full to the International Security Assistance Force (ISAF) and appropriate humanitarian organisations.
Over the same period, from 1 August 2010 to 8 May 2011, I am advised the ADF have captured five people who were subsequently released, then recaptured. Four of the individuals in question were released as there was insufficient evidence to warrant their continued detention.
In the case of the fifth individual, the second time he was apprehended there was sufficient evidence to provide a conclusive link to the insurgency. In accordance with Australia’s detainee management framework, he was transferred to the Detention Facility in Parwan.
In my March report I updated the House on a number of related detainee matters.
I can advise that the Australian Defence Force Investigative Service (ADFIS) investigation into allegations of non-compliance with the management and administrative procedures for the processing of detainees at the ADF detainee screening facility is ongoing.
The CCTV system at the Initial Screening System is functioning and continuous footage is being recorded and archived.
Our detainee management approach to the management and treatment of juveniles has been updated to ensure there is clear guidance on the management of juveniles apprehended during the course of ADF operations.
The Government currently has three detainee management issues under consideration and I expect to make an announcement on them in due course.
The first issue is the appropriateness of the length of detention in the Australian Initial Screening Area to enable the possible collection of further information by Australia.
The second issue concerns contingency arrangements for the management of detainees captured outside of Uruzgan, for example Kandahar.
The third issue regards the current requirement for an initial detainee monitoring visit to occur within 72 hours after a detainee is transferred from the Australian Initial Screening Area to US or Afghan custody.
I will continue to provide regular public updates, including to the Parliament, on these detainee management issues.
Afghan National Security Forces issue
Not only is Australia committed to holding our own personnel to the highest standards on detainee management, but if ADF personnel become aware of concerns regarding the treatment of detainees by our ISAF or Afghan partners, Australia also treats this with the utmost seriousness.
In March, I advised that in early February Australian soldiers witnessed an incident that occurred during an Afghan detention operation in Uruzgan Province. We raised the matter with the Afghan Government and ISAF and asked that the matter be fully investigated. I have been advised subsequently that the matter has been investigated.
On 1 April, Australian soldiers witnessed a further Afghan detention incident in Uruzgan province. That incident has also been raised with the Afghan Government and through the ISAF chain of command and I have been advised that the matter is being investigated.
As well, I have discussed detainee management issues with my Afghan counterparts the Minister for Defence and the Minister for Interior.
They both acknowledge and understand fully the need to ensure the continued credibility and high regard of the Afghan National Security Forces and that this includes investigating allegations of detainee abuse or mistreatment when and where they may arise.
Sarpoza Prison Break
Assessment of the security impact of the 25 April Sarpoza prison break continues.
Prior to the break out, the Sarpoza prison housed a total of 1298 inmates, comprised of 730 inmates in the general prison population and 568 inmates in the National Security Holding Unit.
In the early morning of 25 April, 488 of the 568 prisoners held in the National Security Holding Unit escaped. Of the escapees, 475 were convicted insurgents and 13 were suspected insurgents awaiting trial.
The ADF’s initial assessment of the escapees indicates that none of the escapees were detainees that had been captured by ADF forces.
Following a review of available records, the ADF has identified that four detainees apprehended by the ADF prior to 1 August 2010 were reported to have been sent to Sarpoza Prison on 30 October 2010. Based on the available information, the ADF has concluded that these ADF apprehended detainees were not among the prisoners that escaped.
Records show that since 1 August 2010, one detainee apprehended by the ADF was subsequently transferred from the Afghan National Directorate of Security in Uruzgan to Sarpoza Prison on 30 October 2010. The detainee was subsequently released.
The number of escapees with ties to Uruzgan remains unclear, but initial indications are that the vast majority of escapees were related to Kandahar and not Uruzgan province. As such, I am advised that the direct security implications for Uruzgan are likely to be minimal if any.