INDEPTH: DETAINEES
Foreign Affairs, foreign detention
CBC News Online | November 7, 2003
The Department of Foreign Affairs and International Trade is mandated to act on behalf of Canadians imprisoned abroad. While only a few cases have leapt into Canadian headlines, in the last five years thousands of Canadians have had first-hand experience of being a foreign prisoner. Most of those people were detained in the United States, but Canadian prisoners are scattered throughout approximately 100 countries.
Laws in foreign lands are often different from Canada's, which can make such situations difficult to deal with. The rules of diplomacy and politics can make it hard for governments to find out about a person's guilt or innocence, location, or health condition – even the nature of charges against them.
The official position of the federal government is that Canadian citizens are subject to the laws of the country where they are. Not knowing the law is not considered a defence. Foreign Affairs cannot overrule the decisions of local authorities.
The rights and privileges of a foreign prisoner
If detained in a foreign country, Canadians may choose to consult local Canadian consular officials. Canada's Privacy Act keeps their discussions with the officials involved in the case confidential. The detainee has the right to choose who will be made aware of the situation and who will represent them. Even family and friends won't have access without consent of the prisoner. Police agencies such as the RCMP may also become aware of the situation through their own international sources.
The Vienna Convention on Consular Relations compels foreign authorities to advise detainees of their right to speak to a consular official. Authorities are not bound to contact Canadian representatives about the situation unless the imprisoned person asks. Consular officials can then advise on selection of a lawyer, assist in communication with friends and family, and provide information about the local legal system.
The Canadian government can try to ensure fair treatment under the local system, but it has no real power to circumvent local laws and customs.
The consular affairs bureau of Foreign Affairs also publishes "A Guide for Canadians Imprisoned Abroad," which outlines procedures for family members and friends of Canadian prisoners in foreign countries, and contacts with the consular affairs bureau.
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There are advocacy groups in almost every country of world, but Amnesty International is the only one with a seat at the United Nations. Hailed by many as an intrepid defender of human rights, and scorned by others as a meddling pest, Amnesty International maintains its stance as an impartial advocate of "prisoners of conscience" and a staunch opponent of the death penalty.
Every year Amnesty releases a summary report of events of the previous calendar year. Their 2003 report suggests that people are being held without charge or trial in the following countries:
· Angola
· Burundi
· Cameroon
· Central African Republic
· Cote d'Ivoire
· Eritrea
· Ethiopia
· Gambia
· Liberia
· Namibia
· Niger
· Rwanda
· Senegal
· Sierra Leone
· Somalia
· Sudan
· Togo
· Cuba
· Ecuador
· Jamaica
· Mexico
· Trinidad and Tobago
· U.S.A.
· Venezuela
· Afghanistan
· Australia
· Bangladesh
· China
· India
· Indonesia
· South Korea
· Laos
· Malaysia
· Nepal
· Pakistan
· Papua New Guinea
· Philippines
· Singapore
*Canada doesn't appear on the list, although several men are currently being held without charge under what are known as "Security Certificates".
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