Maher Arar is a wireless network consultant out of Montreal, Quebec. He took a trip from Zurich back home to Montreal on September 26, 2002. His trip had a stopover at JFK airport in New York City. To make a long story short, the United States rendered him to Syria, where he was tortured for ten months.
He has had several lawsuits against the extraordinary rendition. According to the New York Times, the Second Circuit Court of New York dismissed his most recent lawsuit.
The court decided:
With respect to the other jurisdictional questions raised on this appeal, we conclude that (1) the allegations set forth in plaintiff’s complaint are sufficient, at this early stage of the litigation, to establish personal jurisdiction over defendants not resident in New York, but (2) plaintiff has not established federal subject matter jurisdiction over his claim for declaratory relief. Furthermore, we hold that (3) plaintiff’s allegations do not state a claim against defendants for damages under the TVPA and (4) in light of the determinations of Congress and precedents of the Supreme Court and our Court, we cannot judicially create a cause of action for damages under the Fifth Amendment, for Arar, pursuant to the doctrine of Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).
Anger, Sorrow, Disgust
I have no words, really, to describe the depths of my revulsion. Their crimes, though not nearly as bad in absolute terms as many other nations have committed, are made much worse in my eyes by the fact that they are my leaders, my elected officials, carrying out these deeds in my name. No, I won't have it. To hell with them all. January 20th cannot come a moment too soon, but I fear that if Seymour Hersh is right, they have far more damage yet to do.
Re: Anger, Sorrow, Disgust
Re: Anger, Sorrow, Disgust
We will never fucking learn.
Re: Anger, Sorrow, Disgust
ARGH. At first I thought "well, he can START shit, but who'll want to keep it going?", but then I realized the same sort of momentum that applies in Iraq, applies on the other side of the sand.
Re: Anger, Sorrow, Disgust
unpack, please
So, the actions of American officials are not subject to American law? We sent a Canadian to another country to be tortured!
Where is the international outrage over this? How is Canada weighing in on this?
That said, I'm still not convinced that he's completely clean. I suspect there may be something in his past to indicate that he does, indeed, have terrorist connections, whether or not he is one himself, but CSIS and the CIA are both unwilling to reveal what those ties are to the public because it would jeopardize something else, so they've allowed the various investigations to declare him not guilty of the charge of being a terrorist. It would not be the first time such a thing has happened.
The CSIS and the CIA might not have revealed his connections, but he has:
I don't know as much information about Abdullah Almalki, but it should be easy enough to find out. Ask him. He, too, is back in Canada, cleared of charges.
Neither of those men should have been sent to Syria. Arar should have been sent back to Canada, and it's appalling that either of our governments thought it was okay to send anyone, suspected terrorist or otherwise, to a place where he'd be tortured. It was wrong and I'm ashamed of my country for it. But that doesn't mean I'm convinced of his innocence.
With all due respect, putting a "classified" (or "secret", or "top secret" or Q-level, or...) stamp on a document doesn't make it more accurate. Classified information can be far less accurate than open-source information --- simply because fewer people can examine it.
Remember that in 2003, "information that isn't available to the general public" was that Saddam Hussein was actively pursuing biological and nuclear warfare and that Saddam Hussein was secretly working with Osama bin Laden.
The Canadian government did not "tell your government that sending him to Syria was okay".. the RCMP - in violation of Canadian law, BTW - gave the US government Arar's name as part of a list of people they considered potentially risky. There's evidence that the RCMP did know that this might lead to someone being deported to Syria - but the US was insisting that they had assurances from Syria that such people would not be tortured.
You want not completely clean? Ask yourself why the US would accept the Syrian assurances on torture when at the same time they're calling Syria one of the three countries in the Axis of Evil? Then again, why did the RCMP buy that?
But rather than speculating on it - here are the facts:
http://en.wikipedia.org/wiki/Mahar_
http://www.cbc.ca/news/background/arar/
Thank you for the more specific information.
I think since Harper got elected, it isn't. Too many Canadian conservatives have this thing where they're willing to sell out Canadian (and world) interests to the US. I think it's a mutant substrain of the general conservative tendency to worship power, whether just or not.
Yes, they were serious.
Yes, they were completely convinced and unable to entertain an alternative view.
And Yes, in my head, I'm still screaming.
On a historical note, the Nazi regime's crimes against humanity were lawful at all times under German law.
I personally consider the suspension of the rule of law to be a critical danger sign and cancellation of elections to be definitive. Your mileage may vary.
George Carlin once said that our rights were an illusion...
It's hard to think of anything more to say to that.
The Canadian government apologised to Arar for their part in the affair and after confirming that he wasn't a terrorist, or involved in any way with terrorist groups, paid him a settlement of $12M. They've also been trying to get the US to remove him from their No Fly list... although I doubt he'd ever want to go near the US again.
The US' response so far has been 'We do not allow other countries to decide our foreign policy...'.
Indeed.
I wonder, if that part of JFK is not "technically" in the US, if they actually have any rights under international law to deport you? If the two of us went out into international waters, could I just up and deport you to Syria? It seems strange.