Maher Arar, courtesy BBC
Maher Arar, a Syrian-born Canadian citizen, was forcibly transferred by US authorities to Syria, where he was allegedly tortured. It was claimed he had links to terrorism, but was later exonerated.
A New York court has now ruled that he cannot sue the U.S. for his mistreatment.
Arar claims:
He was a victim of “extraordinary rendition”, a process in which terrorism suspects are transferred to foreign countries for harsh interrogation.
The court claims:
it was not authorised to intervene in the case…
If a civil remedy in damages is to be created for harms suffered in the context of extraordinary rendition, it must be created by Congress
Hold on there. Civil remedies for damages suffered in any situation are subject to American courts. Personal injury is one such example. Private businesses are held liable for injuries caused by their actions or non-actions.
Similarly, the U.S. government and the CIA must also be held liable for their actions, especially “in the context of extraordinary rendition.” Extraordinary rendition is an illegal policy, under American law and under international law, with dubious effectiveness. It takes suspects outside of the reach of American law, in order to avoid the involvement of the courts. Interrogators then have free reign over suspects without fear of accountability.
The court’s ruling is basically saying that a business must authorize a civil remedy in a personal injury matter before the court can intervene in the matter, which is quite ridiculous. Why is the bar for the government being placed at a higher level? Rendition is a practice should be addressed by the court system.
In fact, the court should also address the matter of why Arar was deported to Syria, rather than Canada, as he is a Canadian citizen.
