It remains unclear whether the U.S. government will be required at some point in the
future to reveal information regarding assurances against torture from states to which
Guantánamo detainees will be transferred. It is increasingly clear, however, that the U.S.
government is limited in its ability to monitor and enforce any such assurances. On
March 16, 2005, Pentagon spokesman Lieutenant Commander Flex Plexico admitted as
much when he stated that although the government seeks assurances from countries that
Guantánamo detainees will be treated humanely upon return, “[w]e have no authority to
tell another government what they are going to do with a detainee.”92
Update: Case of Maher Arar
The U.S. government has also refused to release any information regarding the
assurances against torture it claims it received from Syria in the case of Maher Arar. In
September 2002, U.S. authorities apprehended Arar, a dual Canadian-Syrian national, in
transit from Tunisia through New York to Canada, where he has lived for many years.93
After holding him for nearly two weeks, and failing to provide him with the ability to
effectively challenge his detention or imminent transfer, U.S. immigration authorities
flew Arar to Jordan, where he was driven across the border and handed over to Syrian
authorities. The transfer was effected despite Arar’s repeated statements to U.S. officials
that he would be tortured in Syria and his repeated requests to be sent home to Canada.
The U.S. government has claimed that prior to Arar’s transfer, it obtained assurances
from the Syrian government that Arar would not be subjected to torture upon return.94
Arar was released without charge from Syrian custody ten months later and has credibly
alleged that he was beaten by security officers in Jordan and tortured repeatedly, often
with cables and electrical cords, during his confinement in a Syrian prison.95 The U.S.
government has not explained why it sent Arar to Syria rather than to Canada, where he
resides, or why it believed Syrian assurances to be credible in light of the government’s
well-documented record of torture, including designation as a country where torture is a
serious abuse by the U.S. Department of State’s 2001 (issued March 4, 2002) Country
92
“Freed Pakistanis Jailed at Home,” Associated Press, March 29, 2005.
93
See, “Empty Promises”, pp. 16-17.
94
Letter from Terry A. Breese, director, Office of Canadian Affairs, U.S. Department of State, to Stephen
Rickard, Human Rights Executive Directors Working Group, in response to human rights groups’ concerns
about the reliability of assurances from the Syrian government, November 26, 2003. Copy on file with Human
Rights Watch. Human Rights Watch is a member of the Working Group. The letter stated: “Your letter notes the
Secretary’s…statement regarding assurances that detainees will not be tortured. Attorney General Ashcroft has
publicly stated that the United States Government received appropriate assurances from Syrian officials prior to
Mr. Arar’s deportation.”
95
Maher Arar’s complete statement to media, CanWest News Service, November 4, 2003. See also, CBS
News, “His Year in Hell,” January 21, 2004 [online]
http://www.cbsnews.com/stories/2004/01/21/60II/main594974.shtml (retrieved February 22, 2005).
33
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
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