OTTAWA - Canada's top court is set to decide whether it will hear arguments that prisoners of Canadian troops in Afghanistan should be protected by the Charter of Rights.

Amnesty International and the British Columbia Civil Liberties Association say the charter should follow soldiers overseas.

The groups say it violates the charter to hand over captives without assurance they won't be tortured in Afghan custody.

The Supreme Court of Canada will rule Thursday on whether to hear the widely debated issue.

The Federal Court of Appeal and the trial division ruled the charter does not apply and that prisoners must rely on international law.

Amnesty International says Afghan prisoners have no way of enforcing such protections - except through the Charter of Rights.