CIA-rendition flights: charge dismissed by US courts, but Canadian police conduct investigation
US-American
Courts have rejected the damages claim filed by Canadian citizen Maher Arar,
who was rendered by the CIA to Syria, where he was tortured for several
months. The US-Supreme Court, a Court of
Last Instance, concluded in June 2010 that it would not accept the case.
Meanwhile, Canadian police are leading an investigation into the role played
US-American and Syrian officials in the abduction and mistreatment of
Arar.
Maher Arar, who has not been proved guilty of any criminal offence in any of the countries involved, had filed a claim for damages in the USA, where he was represented by the Center for Constitutional Rights. ECCHR supported his case by submitting an Amicus Curiae. The decision to reject the case was justified by the argument, among others, that the protection of national security interests forbade the proceedings. With this, the Obama administration resorted to the same argumentation strategy employed under President Bush. Despite much vaunted pledge to introduce change, President Obama has continued the policy introduced by his predecessor. In the light of this, the activities of the Canadian investigative committee - which has already published extensive information and about the circumstances of Maher Arar's transportation to Syria - are yet more remarkable. It would be possible to proceed in courts in other countries - albeit with certain limitations - even if the case were to concern state secrecy.
In the meantime, the Canadian police have begun their investigation into the Arar case, in particular into the entanglement of US-American and Syrian officials. Maher Arar was abducted at the JFK airport in New York and transported to Syria, where he was held and tortured for almost a year. The case has never been investigated in the USA. Other countries have begun investigations into the so-called "Extraordinary Rendition Program" carried out by the CIA following 11. September 2001. Countries conducting investigations include Poland, Lithuania, Bosnia-Herzegovina, Spain, Germany and Italy.
Maher Arar, who has not been proved guilty of any criminal offence in any of the countries involved, had filed a claim for damages in the USA, where he was represented by the Center for Constitutional Rights. ECCHR supported his case by submitting an Amicus Curiae. The decision to reject the case was justified by the argument, among others, that the protection of national security interests forbade the proceedings. With this, the Obama administration resorted to the same argumentation strategy employed under President Bush. Despite much vaunted pledge to introduce change, President Obama has continued the policy introduced by his predecessor. In the light of this, the activities of the Canadian investigative committee - which has already published extensive information and about the circumstances of Maher Arar's transportation to Syria - are yet more remarkable. It would be possible to proceed in courts in other countries - albeit with certain limitations - even if the case were to concern state secrecy.
In the meantime, the Canadian police have begun their investigation into the Arar case, in particular into the entanglement of US-American and Syrian officials. Maher Arar was abducted at the JFK airport in New York and transported to Syria, where he was held and tortured for almost a year. The case has never been investigated in the USA. Other countries have begun investigations into the so-called "Extraordinary Rendition Program" carried out by the CIA following 11. September 2001. Countries conducting investigations include Poland, Lithuania, Bosnia-Herzegovina, Spain, Germany and Italy.