Distracted by health care legislation, Afghanistan, unemployment and local and state elections, the recent decision on rendition has not received the attention it deserves.
Extraordinary Rendition, not the well written story, or great piece of blogging, but the practice of transporting suspected foreign terrorists, or others suspected of crimes, to other countries for interrogation and imprisonment with the intent of intelligence gathering. Not wanting to poop in our own yard, it’s about taking suspects to facilities maintained by the United States in more torture friendly countries.
On Monday, rejecting a suit in a rendition case , a full appeals court dismissed a lawsuit brought against a former U.S. attorney general by Maher Arar. Arar, a Syrian born Canadian citizen, sought damages for being unlawfully detained by U.S. authorities in New York and then secretly shipped to Syria, where he was imprisoned for a year and tortured.
Mr. Arar was detained at JFK Airport in September 2002 while changing planes on his way home to Canada. He was mistakenly labeled an Islamic extremist by his own country, and then labeled a member of Al Qaeda by the post 9/11 Bush administration and sent, not home to Canada for investigation, but off to Syrian intelligence authorities renowned for torture. He was tortured, interrogated and detained in a tiny underground cell for nearly a year before the Syrian government released him, stating they had found no connection to any criminal or terrorist organization or activity.
Canada has settled with Mr Arar to the tune of almost 9 million dollars. There is really no explanation as to why the United States did not send him back to Canada, his home country, but instead, with no investigation, on to Syria to be interrogated and tortured for a year. But indeed an innocent man was taken away from his family, his life and his country for a year, an innocent man who had no recourse.
United States Court of Appeals for the Second Circuit ruled by a vote of 7 to 4 that Congress could always create a civil damages remedy for harms suffered through rendition. Currently there is no such remedy so Arar is plum out of luck, as you or I would be be should we find ourselves in a similar situtation. In a statement one of the four dissenters, Judge Guido Calabresi wrote, “I believe that when the history of this distinguished court is written, today’s majority decision will be viewed with dismay.”
I can think of a stronger word than dismay, but for now let’s say this disturbs me and I suffer from “distressed disappointment”.
Ironically, an almost concurrent decision made by the Italian courts sentences 23 CIA agents in an attack on rendition .
Go Figure
Peace
Mr. Arar’s story absolutely kills me. We’ve let the wrong people get away with too much.
Doug´s last blog ..Anthropogenic Global Whining
The worse part is that we continue to do so.
So I’m starting my day, hoping to remember
To drive in to work in reverse.
Concur with Doug. I assume this case will go to the Supreme Court. I assume the majority will do the right thing. I assume too much
pia´s last blog ..Happy Halloween
Assuming that the right thing will be done is too much or so it seems.
It’s hard to believe this decision and the ways they come about it. I’m embarrassed though not surprised.
Judge Guido Calabresi is right.
It’s not really hard to believe is it?
A sad and telling commentary on us.
To be able to say “oh yea he did nothing and was torture for a year but there is nothing we can do about it”…jesus .
it’s worse to see all the commentary to think it’s all good in the name of protecting out country.
G´s last blog ..Scooby Doo
That is as disturbing for sure G. I can’t understand thinking that way but there seem to be a lot of people who think in that direction.
Perhaps I am the only one to see an odd act in sending our terrorist “suspects” to US-hating places like Syria for the sole purpose of torture.
Why are we sending people to Syria??? Or Egypt? Why not to North Korea or Iran??
He was born there but Syria and Egypt I imagine despite the surface have done a lot of dirty work for the us and we for them though it’s not exactly common knowledge.
The whole thing stinks. I can’t believe that was the decision those jokers ended up with.
That those in power at any given time can get away with torture and murder is unbelieveable. When looking at other countries and calling them corrupt and third world, we need to look closer.
jacob´s last blog ..What A Difference a Week Makes
We feel the same you and I.
Who knows how many people have been radicalized because we scooped them up for no good reason and tortured them?
Can our country ever atone for its misdeeds?
I’d sleep better at night if we were at least taking an interest.
We could but we won’t.