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+ United States
_____2007
ACCESS TO DETAINEES TRANSFERRED TO THE GOVERNMENT OF AFGHANISTAN
This letter seeks to set forth a common approach, in principle, of all the undersigned concerning the provisions of the bilateral arrangements (Memoranda of Understanding, exchange of letters) between the Governments of Canada, [Denmark], the Netherlands, [Norway,] the United Kingdom and the United States with the Government of Afghanistan regarding access to individuals detained by their forces and transferred to the custody of the Afghan authorities. This letter is without prejudice to any of the provisions of the aforementioned bilateral arrangements.
It is the understanding of the undersigned that the aforementioned bilateral arrangements are to be interpreted as permitting officials from each undersigned government (including officials from our respective Embassies, members of our armed forces, and others duly authorized to represent our governments) to enjoy access to Afghan detention facilities to the extent necessary to ascertain the location and treatment of any detainee transferred by that government to the Government of Afghanistan. On request, an official from one of the undersigned governments may interview in private any detainee transferred by that government to the custody of Afghan authorities. Access to Afghan facilities is to be permitted to organizations that are already afforded access under that government’s bilateral arrangements with the Government of Afghanistan including, where applicable, the International Committee of the Red Cross and Red Crescent (ICRC), relevant human rights institutions within the UN system, and the Afghan Independent Human Rights Commission (AIHRC).
We kindly request you to confirm this understanding.
Sir Sherard Cowper-Coles KCMG LVO………………
HM Ambassador
British Embassy, Kabul
Ambassador
United States of America
Arif Lalani
Ambassador
Canadian Embassy, Kabul
Hans Blankenberg……………………..
Ambassador
Embassy of the Netherlands, Kabul
Jens Haarlov…………………………………
Chargé d'affaires
Embassy of Denmark, Kabul
Jan Erik Leikvang…………………………………
Ambassador
Embassy of Norway, Kabul
DRA
FT LETTER IN REPLY [TO BE EXCHANGED ON SAME DAY]
On behalf of the Government of the Islamic Republic of Afghanistan, I acknowledge the content of the letter of [date] received from the Ambassadors of .......
and the Chargé d'Affaires of ...... and confirm the understandings set forth therein.
The Government of Afghanistan agrees to address any AIHRC recommendations for improvements, and to notify the AIHRC and relevant Embassies of the actions taken.
The NDS will issue a written instruction to all its sub-offices (provincial offices) informing them of the access and visiting procedures as outlined above.
