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End coercion, abuse, forced return of Afghan refugees, HRW tells Pakistan

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Pakistani government is using threats, abuse, and detention to coerce Afghan asylum seekers without legal status to return to Afghanistan or face deportation by November 1, 2023, Human Rights Watch said on Tuesday.

Many Afghans at risk of being deported are awaiting resettlement to the United States, United Kingdom, Germany, and Canada, HRW said in a statement.

Pakistan’s Interior Ministry announced on October 3 that all migrants living without legal status in Pakistan had 28 days to leave voluntarily or face deportation. Broad calls by Pakistani officials for mass deportation have instigated increased police abuse against Afghans, including harassment, assault, and arbitrary detention. While not explicitly stated, Afghans slated for deportation are unlikely to be given the opportunity to challenge the action, the statement said.

“Pakistan’s announced deadline for Afghans to return has led to detentions, beatings, and extortion, leaving thousands of Afghans in fear over their future,” said Fereshta Abbasi, Afghanistan researcher at Human Rights Watch.

Khaliq Atifi, an Afghan refugee in Islamabad, said even Afghans registered with the United Nations High Commissioner for Refugees (UNHCR) are not immune to detention or deportation. “There are police checkpoints everywhere,” he said.

“Even if you have a valid visa, you will still be transferred to the police station, and in most cases, you need to pay a bribe to get released.” He said that in most cases, Afghan refugees had to pay between 10,000 and 40,000 Pakistani rupees (US$36 to $144) in bribes to Pakistani police.

HRW said these deportations violate Pakistan’s obligations as a party to the UN Convention Against Torture and under the customary international law principle of nonrefoulment – not to forcibly return people to countries where they face a clear risk of torture or other persecution. "Refoulement occurs not only when a refugee is directly rejected or expelled, but also when indirect pressure is so intense that it leads people to believe they have no option but to return to a country where they face a serious risk of harm," it said.

The Pakistani government should end police abuses against Afghan refugees, drop the November 1 deportation deadline, and work with UNHCR to resume registrations of Afghan asylum seekers, Human Rights Watch said.

Human Rights Watch has urged the governments of the US, UK, Germany, and Canada to expedite resettlement for Afghans from Pakistan who are particularly at risk.

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Canada sent 19 failed asylum seekers back to Afghanistan last year

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Canada's border guards sent 19 rejected Afghan asylum seekers back to the country last year despite Otawa’s Temporary Suspension of Removals (TSR) that has been in place for Afghan nationals since 1994.

CBC reported that none of the 19 Afghans had their cases rejected on the basis of safety or security risks. The border service did not however reveal further details.

The border agency said a TSR is meant to "halt removals to a country or place when general conditions, such as armed conflict or an environmental disaster, pose a risk to the entire civilian population."

It also said individuals who were found inadmissible "on grounds of criminality, serious criminality, international or human rights violations, organized crime, or security" can be removed despite a TSR, CBC reported.

The CBSA said the 19 who failed their refugee claims left Canada "voluntarily," and that the Afghans were "aware that they benefit from a stay of removal due to the Temporary Suspension of Removal on Afghanistan but requested to have their removal order enforced despite the legislative stay.

"In other words, the individual was advised that they can remain in Canada until the TSR is lifted and they opted to return to Afghanistan."

Canada has welcomed some 54,000 Afghans since August 2021, surpassing a commitment it made to bring in 40,000 in 2021.

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Trump team compiling list of military officers responsible for US withdrawal from Afghanistan

Trump has on a number of occasions condemned the withdrawal as a “humiliation” and “the most embarrassing day in the history of our country.” 

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The Trump transition team is compiling a list of senior current and former U.S. military officers who were directly involved in the chaotic withdrawal from Afghanistan in 2021 and exploring whether they could be court-martialed. 
 
NBC reported that the team working on the transition of power between President-elect Donald Trump and outgoing President Joe Biden are considering creating a commission to investigate the 2021 withdrawal from Afghanistan.
 
Citing a US official and a person familiar with the plan, NBC stated a commission would then gather information about who was directly involved in the decision-making for the military, how it was carried out, and whether the military leaders could be eligible for charges as serious as treason.
 
“They’re taking it very seriously,” the person with knowledge of the plan said.
 
The Trump transition team did not immediately respond to a request for comment.
 
Matt Flynn, a former deputy assistant secretary of defense for counternarcotics and global threats, is helping lead the effort, the sources said. 
 
Trump has on a number of occasions condemned the withdrawal as a “humiliation” and “the most embarrassing day in the history of our country.” 
 
NBC reports however that it is not clear what would legally justify “treason” charges since the military officers were following the orders of President Joe Biden to withdraw all U.S. forces from Afghanistan.
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Ottawa taking detention of Canadian in Afghanistan ‘very seriously’

Lavery helped an estimated 100 Afghans flee Kabul during the chaotic withdrawal of US and allied forces.

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The Canadian government is taking "very seriously" the detention in Afghanistan of a former member of Canada's elite special forces, Prime Minister Justin Trudeau said Saturday.

Retired soldier David Lavery, known in Kabul as Canadian Dave, was detained by the Islamic Emirate shortly after landing in Kabul on Monday, according to Canadian broadcaster CTV News.

His whereabouts are unknown, the outlet added, citing unnamed sources.

Asked about Lavery, Trudeau said: "I can first of all assure you that the Canadian government is taking very, very seriously the situation."

He also said consular assistance has been provided to Lavery's family.

Lavery helped an estimated 100 Afghans flee Kabul during the chaotic withdrawal of US and allied forces.

He spent decades in the Canadian military and is said to have been a key member of its elite Joint Task Force 2 special operations unit.

More recently, Lavery has reportedly operated a private security firm in Kabul.

The Islamic Emirate has not yet commented.

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