Locke Keith: Questions for Oral Answer — Questions to Ministers 
Locke Keith: Questions for Oral Answer — Questions to Ministers 
[Volume:672;Page:18247] 
5. 
KEITH LOCKE (Green) 
 to the  
Minister of Defence 
: Has New Zealand’s SAS detained anyone during its operations or joint operations with other forces since being redeployed to Afghanistan in 2009? 
Hon Dr WAYNE MAPP (Minister of Defence) 
: 
 On 30 January the New Zealand SAS detained a mid-level Taliban commander in response to a tasking by the International Security Assistance Force because the Afghan authorities including the crisis response unit were not available at the time. That person was transferred to a United States facility at Bagram and is now being held at a joint US-Afghan facility at Parwan. The detainee is being monitored by New Zealand officials in accordance with our responsibilities under international law. The last visit to the detainee was by New Zealand officials on 25 April. His principal complaint was that he was unhappy at being held by infidels but had no other concerns. I might note that on these issues the Government relies on the professional competence and honesty of the New Zealand Defence Force and not on the unreliable disproven allegations— 
Mr SPEAKER 
: It was a very straightforward question. The Minister answered it very well and we did not need the last bit. 
Keith Locke 
: On how many other occasions have prisoners been taken particularly given the fact that at the select committee hearing of the Defence Force in June last year the Government said that up until that point—that is 2009-10—our SAS had been “in the vicinity” on 22 occasions when prisoners had been taken? 
Hon Dr WAYNE MAPP 
: I am advised that people have been arrested by the crisis response unit on 24 occasions when New Zealand has been in support. I might note that the crisis response unit is accompanied by a prosecutor from the Afghan Attorney-General’s office who actually authorises the arrests. 
Keith Locke 
: Does the Government accept any responsibility for the prisoners taken on joint operations between our SAS and the crisis response unit or are we simply trusting the Afghan Government which has a very bad record of mistreating prisoners in detainment? 
Hon Dr WAYNE MAPP 
: The Afghan authorities of course are the detaining or arresting authorities under those circumstances. However we do understand that in the past the Afghan Government has had some deficiencies. That is why NATO’s International Security Assistance Force headquarters in Kabul has a committee to monitor the conditions at the various facilities including the National Directorate of Security at Kabul. A number of nations including Australia and Canada which directly transfer detainees to the National Directorate of Security monitor those facilities. New Zealand has supplied a defence legal officer to the NATO - International Security Assistance Force headquarters to improve our own monitoring. We are advised that the NATO - International Security Assistance Force headquarters now regards the facility in Kabul as the detention facility of choice and actually directs NATO - International Security Assistance Force nations to use this facility because it is in fact properly monitored. 
Keith Locke 
: Will the Government make public the text of the agreement between the Afghan and New Zealand Governments signed on 12 August 2009 on the treatment of prisoners and publish it either in full or in an abbreviated form? 
Hon Dr WAYNE MAPP 
: This question has been asked before at the select committee and indeed in this Parliament. The document is being kept confidential at the request of the Afghan authorities. However I have indicated to the select committee that one of the provisions of the document does require the Afghan authorities to observe the norms of international law. 
Keith Locke 
: What evidence did the Government obtain on the subsequent mistreatment of prisoners handed over by the SAS to American jurisdiction after the raid in Band e Timur in 2002 and does it square with the evidence that journalist Jon Stephenson obtained from those affected? 
Hon Dr WAYNE MAPP 
: It is certainly acknowledged that there was mistreatment in 2002. That was complained of at the time by our senior officers present at the time. Subsequently over the years under the previous Government which included the current Leader of the Opposition procedures were improved on the part of the New Zealand Government in that regard. But essentially that is the responsibility of the United States Government which realises of course that the events that occurred back then would not meet appropriate standards. 
Keith Locke 
: Has the Government done anything to follow up on the welfare of the Afghan civilians who were mistreated and tortured on that occasion in order to provide some form of compensation for example given that it was the SAS that handed them over to mistreatment at that point? 
Hon Dr WAYNE MAPP 
: Well the mistreating authority was in fact the United States; surely the responsibility must lie with the United States not New Zealand. 
Keith Locke 
: Will the Government allow an independent inquiry to be held so that the hard-won evidence of the journalist Jon Stephenson and the evidence that the Government has can be put to independent examination and the full facts of whether New Zealand is handing over prisoners to mistreatment or failing to follow them up properly in Afghan detention can be brought out into the public domain? 
Hon Dr WAYNE MAPP 
: Can I say this: the New Zealand Defence Force has investigated the allegations by Mr Stephenson—particularly those relating to 2002. Those allegations have been proven to be false and I am frankly surprised that Mr Locke continues to rely on those allegations which have been proven to be false. I also say on this issue that the National Government—and I would like to think other members in this House—believes the information given to us by the New Zealand Defence Force. I believe Lieutenant General Jerry Mateparae and Lieutenant General Jones on this issue. 
Keith Locke 
: I seek leave to table an article by Jon Stephenson in the May issue of  
Metro 
— 
Mr SPEAKER 
: We do not need to table stuff from recent magazines.