OTTAWA - Lawyers for a pair of human-rights groups say torture in Afghan custody is "endemic" and won't end any time soon, Attorneys for Amnesty International and the B.C. Civil Liberties Association say that if the government wins a legal fight over transferring prisoners to Afghan custody, it will set a precedent where the onus will be on others to find out if transfers resume.
In newly released court documents, the groups say it could be a while before anyone learns transfers have resumed since it took nearly three months before the government revealed handovers had stopped last fall.
The lawyers say that could subject prisoners to torture in the interim.
The groups want a Federal Court judge to order Canada to stop transferring enemy captives to Afghan authorities until it's certain they are not at risk of abuse.
But federal lawyers say the case is moot since Canada quietly stopped prisoner handovers last November after officials witnessed credible evidence of torture while visiting an Afghan prison.