Locke Keith: Questions for Oral Answer — Questions to Ministers 
Locke Keith: Questions for Oral Answer — Questions to Ministers 
[Volume:617;Page:13065] 
11.  
KEITH LOCKE (Green) 
 to the  
Minister of Defence 
: Does he stand by his answer to written question 5653 on 6 June 2003 in relation to the treatment of United States detainees; if so why? 
Hon MARK BURTON (Minister of Defence) 
: 
 Yes. It was to the best of my knowledge accurate. 
Keith Locke 
: Have units of the New Zealand SAS operating in Afghanistan handed over prisoners of war or other detainees to US jurisdiction; if so how can the Minister guarantee they have been treated humanely? 
Hon MARK BURTON 
: Although the House is pretty clear that the Government does not comment on the detail of SAS operations I can say to the member that New Zealand is a signatory to the Geneva Convention and New Zealand forces are required to observe its provisions. I think the most important obligations of international law are those that ensure that all people who are under any form of detention are entitled to humane treatment. Therefore the New Zealand Defence Force’s primary responsibility is to ensure the humane treatment of any detained person. 
Keith Locke 
: I raise a point of order Mr Speaker. In the Minister’s reply that we have just heard he referred to the Government not releasing operational details. I think it should be made clear that I did not ask for any operational details. I wanted to know specifically whether any prisoners of war or detainees had been handed over to American jurisdiction. That would not reveal any operational detail. I require an answer to that question. 
Mr SPEAKER 
: The member might require an answer but he was given one. He might not be satisfied with it but that is not my job. The member got an answer. 
Keith Locke 
: Will the Minister be supporting calls for an independent international inquiry into the treatment of prisoners at US detention facilities in Guantanamo Bay Iraq and Afghanistan given that if the mistreatment continues it will further discredit the coalition force which includes troops from New Zealand? 
Hon MARK BURTON 
: I think the member would understand that I have no direct responsibility or authority for US forces but I have to say that I absolutely agree with the sentiments recently expressed by the US Secretary of State Colin Powell when he said that Americans deplored what happened and there can be no excuses. I think every member of this House shares the same abhorrence at the actions of all of those responsible. 
Helen Duncan 
: Can the Minister assure the House that New Zealand has made clear its position on the treatment of detainees? 
Hon MARK BURTON 
: We have made clear our expectation that the treatment of all detainees will be in accordance with the applicable international humanitarian and human rights laws. I can say to members that in the unlikely event of our transferring a detainee we have also made it clear we would wish to stay engaged regarding the ongoing welfare of that detainee. 
Keith Locke 
: How bad does the treatment of detainees by the US-led coalition force have to get before the Government will consider withdrawing New Zealand’s SAS troops from the coalition force and has that point not already been reached? 
Hon MARK BURTON 
: As I indicated in an earlier answer I have no responsibility for the conduct of US forces. But I did explain at some length in my answer to a previous supplementary question that New Zealand sets a high standard of expectation and requires its forces to adhere to that. As I have just said in the unlikely event of a detainee being handed over New Zealand would require to stay engaged regarding the well-being of that detainee.