Ensure that Canadian airports and airspace are not used to support and facilitate renditions or rendition flights
Posted: 5 April 2006
The Honourable Stockwell Day
Minister of Public Safety and
Emergency Preparedness
Ottawa, Ontario
K1A 0P8
5 April, 2006
Dear Minister Day,
This is further to Amnesty International’s letters to the Prime Minister and to you, both dated February 23, 2006, and earlier letters to Minister McLellan (January 18, 2006) and Minister Lapierre (November 22, 2005). All of these letters have highlighted Amnesty International’s continuing concerns regarding reports of possible landings of CIA planes in Canada. In particular we have underscored concerns that some of the planes may have been involved in activities that contravene international and Canadian law, notably the extraordinary rendition of suspects to countries where they are likely to be subjected to torture.
We have pressed for a review of these allegations, to determine whether any of these planes may have been involved in activities that contravene international law. We have urged that measures be taken to ensure that there is no use of Canadian airspace or facilities in the future by planes that may be involved in activities that contravene international law. We have not yet had a response.
It is notably disappointing that the Canadian government’s reaction to this issue has to date been what can only be described as subdued. This compares to what we believe has been a serious response in Europe, where similar allegations have led to inquiries and investigations at national level and within regional bodies such as the Council of Europe.
On January 22, 2006, Swiss Senator Dick Marty released his first report in his work as Rapporteur to the Committee on Legal Affairs and Human Rights of the Council of Europe’s Parliamentary Assembly. Notably, Senator Marty refers to the concerns about the unresolved allegations in Canada:
Amnesty International (AI) expressed serious concern about the attitude adopted by Canadian authorities. As suspect flights had been reported over the country, AI asked the authorities on 22 November 2005 to look into the matter. In an open letter to the Minister of Public Safety and Emergency Preparedness dated 18 January 2006, AI observes that there has still been no serious investigation into these allegations. We have no doubt that Canada, a permanent observer to the Assembly, will shed full light on the allegations. (emphasis added)1
Amnesty International too urges Canada to “shed full light on the allegations.”
Maher Arar, a Canadian citizen who has firsthand experience of extraordinary rendition on one of these planes, has recently spoken out about the issue. On March 23 he testified before the European Parliament’s Temporary Committee on the Transportation and Illegal Detention of Prisoners in Brussels. In his testimony he made a plea for the Canadian government to follow the European example and “look into the question of whether CIA flights that flew over or stopped in Canada carried persons who were victims of serious human rights violations.”
Today, Amnesty International has released the enclosed report, United States of America, Below the radar: Secret flights to torture and ‘disappearance.’ The report documents the nature and scope of the human rights concerns associated with these flights. The report includes a number of recommendations dealing specifically with “renditions flights” which we urge the Canadian government to adopt and implement without delay.
- Ensure that Canadian airports and airspace are not used to support and facilitate renditions or rendition flights.
- Maintain and update a register of aircraft operators whose planes have been implicated in rendition flights, and require them to provide detailed information before allowing them landing or flyover rights. Such information should include: the full flight plan of the aircraft, including onward stops and full itinerary, the full names and nationalities of all passengers on board, and the purposes of their travel.
- If any passengers are listed as prisoners or detainees, more detailed information about their status and the status of their flight should be required, including their destination and the legal basis for their transfer.
- Refuse access to airspace and airfields if requested information is not provided.
- If there are grounds to believe that an aircraft is being used in connection with renditions or other human rights violations, board the plane or require it to land for inspection.
- If such inspection indicates that the flight is being used for the unlawful transfer of people, or other human rights violations, the flight should be held until the lawfulness or otherwise of its purpose can be established, and appropriate law enforcement action taken.
In addition to these recommendations we continue to insist that there be a full investigation of past flights of concern in Canada. We would, as previously indicated, welcome an opportunity to meet to discuss these concerns further.
Sincerely,
Alex Neve
Secretary General
1. Alleged secret detentions in Council of Europe member states, Information Memorandum II, Rapporteur Mr. Dick Marty, Committee on Legal Affairs and Human Rights, Parliamentary Assembly, Council of Europe, 22 January 2006, AS/Jur (2006) 03 rev, para. 60
