Maher Arar

Possible Good News

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by hilzoy From the Center for Constitutional Rights (h/t Anderson): “The Second Circuit Court of Appeals issued an extremely rare order that the case of Canadian rendition victim Maher Arar would be heard en banc by all of the active judges on the Second Circuit on December 9, 2008. For the court to issue the … Read more

Arar update

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by Katherine Maher Arar remains, officially, too dangerous to fly over U.S. air space. U.S. officials won’t say what the sources of information against him are. I have a guess as to some of them. I’ve posted it before, but it’s not widely known enough, so here’s one more vain effort.

“They told him yes, he could invent a story”

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by Katherine

Von notes below that Syrian intelligence forces beat Maher Arar into falsely confessing that he had received terrorist training in Afghanistan. It’s actually worse than that. Arar wasn’t just tortured into a false confession in a Syrian prison. He also seems to have been sent to be tortured in Palestine Branch partly because of false confessions that two other Canadian citizens made under torture in the same prison.

Their names are Ahmad Abou El-Maati and Abdullah Almalki. Unlike Arar, they both traveled to Syria voluntarily. El-Maati flew to Damascus for an arranged marriage in November 2001. Almalki went there to visit relatives in May 2002. Both were arrested by Syrian intelligence forces when they arrived at the Damascus airport, and taken to a prison called the Palestine Branch. Both have since been released, returned to Canada, and given detailed chronologies of their experiences in Syria to their lawyers. (Here is a PDF of El-Maati’s chronology; here is a PDF of Almalki’s).

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Maher Arar’s Case Dismissed

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by hilzoy Maher Arar’s case has been dismissed. You can read Katherine’s summary of the case here, a press release from Arar’s attorneys here, and the decision itself here (pdf). I’ve read the decision, but do not feel competent to address the legal issues it raises. (Most of them involve things like jurisdiction and standing.) … Read more

Not So Extraordinary After All

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by Katherine

It was almost two years ago that I asked the question, "How Extraordinary is Extraordinary Rendition?"; whether what was unusual about the U.S. sending Maher Arar to be tortured in Syria without any real evidence that he was a terrorist was that it happened, or that we knew about it. The answer seems to be "that we knew about it." As Hilzoy noted below, the Washington Post reported Sunday that the CIA is investigating up to 36 "erroneous renditions".

So. Who are these men? We know of at least two: Maher Arar and Khaled el-Masri (whose case is decribed in the Post article). Who else?

I don’t know what standard they use to declare a rendition erroneous—whether the suspect needs to affirmatively show innocence, or merely that he does not produce "actionable intelligence" and there is no evidence against him other than his own or someone else’s confessions under torture. There are also many cases where I have no real idea about the suspect’s guilt or innocence. So the CIA could be including some of the other renditions that have been publicly reported in that total.

But I have followed this subject very closely, and I definitely do not know about three dozen renditions that a CIA officer would be likely to describe as "erroneous." Nowhere even close to that.

And where are these men? It is possible that some of them were released, but neither they nor their family has ever spoken to the press or a human rights organization. In the cases that we do know of, there is often a fairly long delay between the suspect’s release & his speaking to the press or the public, so it is possible that some may choose never to do this at all. Perhaps that is even a condition of their release from custody. But does that describe 25 or 30 of them? I doubt it. I really doubt it.

Of the 20-odd renditions that I do know of, a very small number of people have been freed: Maher Arar, Mamdouh Habib and Khaled el-Masri. That’s it. Muhammad al-Zery was reportedly released from an Egyptian prison but remains under surveillance and cannot leave the country or speak freely about what happened to him. The rest remain in prison—whether it’s Guantanamo, some CIA detention site, or foreign custody. We know from reading Priest’s description of el-Masri’s case that the discovery of a suspect’s innocence does not necessarily immediately lead to his release. And Khaled el-Masri is a German citizen. Mamdouh Habib is Australian. Maher Arar is Canadian. It is not a coincidence that the men released are citizens of wealthy, Western democracies that are U.S. allies.

Based on all of this, I would guess that most of the thirty-odd prisoners who were “erroneously rendered” are still in prison somewhere. I would also guess that some of them are still being subjected to torture right now.

But this won’t end when they stop being tortured, or when they are released from prison. Not for them.

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Still Not Surprised

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by hilzoy From Newsweek: “An FBI agent warned superiors in a memo three years ago that U.S. officials who discussed plans to ship terror suspects to foreign nations that practice torture could be prosecuted for conspiring to violate U.S. law, according to a copy of the memo obtained by NEWSWEEK. (…) In a memo forwarded … Read more

Torture: Making Things Clear

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by hilzoy In the course of a somewhat frustrating NYTimes article on what he calls ‘Torture Lite’, Joseph Lelyveld writes this: “It has been more than a year now since we (and, of course, the region in which we presume to be crusading for freedom) were shown a selection of snapshots from Abu Ghraib with … Read more

To My Government: Please Stop.

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by hilzoy

From the New York Times:

“Seven months before Sept. 11, 2001, the State Department issued a human rights report on Uzbekistan. It was a litany of horrors.

The police repeatedly tortured prisoners, State Department officials wrote, noting that the most common techniques were “beating, often with blunt weapons, and asphyxiation with a gas mask.” Separately, international human rights groups had reported that torture in Uzbek jails included boiling of body parts, using electroshock on genitals and plucking off fingernails and toenails with pliers. Two prisoners were boiled to death, the groups reported. The February 2001 State Department report stated bluntly, “Uzbekistan is an authoritarian state with limited civil rights.”

Immediately after the Sept. 11 attacks, however, the Bush administration turned to Uzbekistan as a partner in fighting global terrorism. The nation, a former Soviet republic in Central Asia, granted the United States the use of a military base for fighting the Taliban across the border in Afghanistan. President Bush welcomed President Islam Karimov of Uzbekistan to the White House, and the United States has given Uzbekistan more than $500 million for border control and other security measures.

Now there is growing evidence that the United States has sent terror suspects to Uzbekistan for detention and interrogation, even as Uzbekistan’s treatment of its own prisoners continues to earn it admonishments from around the world, including from the State Department.”

More below the fold.

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Support A Ban On Extraordinary Rendition

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by hilzoy Via email, Katherine the Sorely Missed tells me that Edward Markey has introduced a bill, H. R. 952, that would outlaw extraordinary rendition. Most readers of this blog are probably familiar with extraordinary rendition, but just in case: Katherine summarized the issues in an earlier post, in which she wrote: “”Extraordinary rendition” is … Read more