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Ethics watchdog won't investigate Sajjan over Afghan detainee inquiry decision

The federal conflict of interest commissioner has declined to investigate a complaint against Defence Minister Harjit Sajjan over a decision not to hold a public inquiry into unresolved questions related to the handling of Afghan detainees.

Liberals, who championed Afghan detainee inquiry in opposition, now say probe not needed

An Afghan prisoner is transported by Canadian Forces in Afghanistan in 2011. Multiple reports and media stories during the Afghan conflict included allegations about the abusive tactics of Afghan police, including allegations of police engaging in child abuse. (Murray Brewster/Canadian Press)

The federal conflict of interest commissioner has declined to investigate a complaint against Defence Minister Harjit Sajjan over a decision not to hold a public inquiry into unresolved questions related to the handling of suspected Taliban prisoners during the Afghan war.

The complaint was filed by former New Democrat MP Craig Scott, who has returned to teaching at York University in Toronto.

Last spring, Scott spearheaded afederal e-petition callingon the Liberal government to fulfila commitment made while in opposition to hold an inquiry into the handling of allegations around the treatment of Afghan detainees.

It was Sajjan who turned down the call.

Scott,however, argued the defence minister should never have made the decision because he was a liaison and intelligence officer during the conflict in Kandahar, and therefore had a personal vested interest in not seeing an inquiry.

Althoughconflict commissioner Mary Dawson decided against aprobe, she saidshe did conduct a review because Scott's letter "left me with concerns."

The concerns raised by the petition wereraised directly with Sajjan, who did three deployments during the five-year combat mission. Dawson saidshe is satisfied with his answers.

Sajjan 'conveying' a decision

"It appears that Mr. Sajjan was simply conveying a government decision," Dawson wrote in a Feb. 27 letterobtained by CBC News. "Furthermore, I have no information to suggest that Mr. Sajjan actually had any knowledge related to Afghan detainees, nor any involvement in the matter."

The question of what the former Conservative government knew of the alleged torture carried out by local Afghan authorities was at the centre of a number of political crises between 2007 and 2010.

Aside from being an important point of international law, the minority government of former prime minister Stephen Harper was almost brought down over its refusal to hand over documents related to the issue.

A pair of human rights groups also fought protracted legal battles to halt the practise of Canadian troops handing suspectedTalibanprisoners over to local authorities.

According to the commissioner's letter, the minister was not "involved in the transfer of detainees, nor did he have any knowledge relating to that matter."

Sajjan told Dawson that he deployed as a reservist and was "responsible for capacity with the local police forces."

Afghanistan's police were not without problems.They were, according to human rights groups, considered among the worst abusers of detainees, next to the National Directorate of Security Afghanistan's brutal intelligence service.

Ethics Commissioner Mary Dawson says she is satisfied Defence Minister Harjit Sajjan was not involved in the transfer of detainees. (Darren Calabrese/Canadian Press)

There were multiple reports and media stories during the conflict about the abusive tactics of Afghan police, including allegations from aCanadian soldier that local cops engaged in child abuse.

Sajjan told Dawson he was unaware of any abuse and that he and other members of the Forces were under orders to report such a thing, if it occurred.

Further, he says the Military Police Complaints Commission investigated claims that Canadians knew or ought to have known about torture in Afghan jails. The same watchdog is currently investigating fresh allegations of rough treatment of prisoners.

"Mr. Sajjan told me that he did not have any information relevant to the inquiries," Dawson wrote.

In turning down Scott's petition for an inquiry last June, Sajjan saidthe Liberal government does not believe an independent judicial inquiry is necessary.