Chapter 8 – Prisoners of War and Other Detainees

Section 1
Introduction

1. For the purposes of this Handbook, a detainee is anyone not consensually in the care, custody or control of a party to an armed conflict. Some allies and partners may use other terms (e.g. “captured person” or “CPERS”) or define the term detainee differently. Examples of detainees include combatants being held as PWs and civilians who have been apprehended for directly participating in hostilities.^{Footnote 39}  For more examples of PWs, see Chapter 3, Annex A.

2. CAF commanders are expected to plan for how they will comply with LOAC obligations toward detainees in all phases of detention operations, including logistically.

Section 2
Humane Treatment

3. Detainees are always entitled to humane treatment and respect for their dignity. In particular, CAF members must ensure that detainees in the hands of the CAF are protected against: wilful killing; torture or inhuman treatment; violence, including rape and all forms of sexual violence and exploitation; intimidation; insults and public curiosity; and reprisals.^{Footnote 40}  

4. In general, the longer detainees are held, the greater the CAF’s responsibility becomes to provide for their well-being and dignity.

Section 3
Search and Initial Processing

5. When conducting searches, CAF members must respect the dignity of the detainee being searched. Searches must not be humiliating or embarrassing.

6. Detainees are entitled to keep their personal effects and protective equipment. Only articles posing a security risk may be confiscated.^{Footnote 41}

Section 4
Questioning

7. CAF members authorized to question detainees must communicate with them in a language which they understand. CAF members are prohibited from using torture or any form of coercion to obtain information. This includes: 

• outrages upon personal dignity, including humiliation and degradation;  
• discriminatory treatment;  
• diet restrictions, sleep or sensory deprivation or manipulation;  
• use of animals for intimidation; and 
• any stress positions.^{Footnote 42}

Section 5
Blindfolds, Earmuffs and Restraints

8. CAF members may only employ blindfolds, earmuffs, restraints or similar measures when necessary for force protection or for the safety of the detainee. CAF members should never use them in a manner likely to cause pain, injury or impede breathing and never as a punishment. CAF members must not employ hooding.

9. Orders and ROE will specify any additional direction and guidance that may be necessary to address the context of specific operations.  

Section 6
Evacuation From the Combat Zone, Status Determination and Processing

10. CAF members must ensure that detainees are evacuated from the combat zone and away from danger as soon as possible, to a place where the necessities of life can be provided, where eligibility for PW or other status can be determined and where further processing can occur.  Sick or wounded who would run a greater risk by being moved are an exception.^{Footnote 43}   

Section 7
Transfers

11. The CAF is prohibited from transferring detainees to the authorities of a foreign State unless satisfied that the receiving State is willing and able to treat them humanely and respect applicable LOAC.^{Footnote 44}

12. Orders and ROE will specify those States that are authorized for transfers in the context of specific operations as well as the detainee information that CAF members must collect before a transfer is made.

13. CAF members who become aware of mistreatment of transferred detainees must report this to the chain of command as soon as possible to ensure that the CAF can take necessary corrective action.^{Footnote 45}