Despite numerous lawsuits and inquiries into the case, the U.S. government has consistently refused to answer that question and has declined to release any information regarding Arar’s apprehension and transfer to Syria. The Bush administration has ignored numerous requests for a specific explanation regarding the reliability and credibility of Syrian diplomatic assurances, but former CIA counterterrorism official Vincent Cannistraro has remarked: “You would have to be deaf, dumb and blind to believe that the Syrians were not going to use torture, even if they were making claims to the contrary."100 Arar filed suit in U.S. Federal Court on January 22, 2004, alleging that U.S. officials and agents involved in his transfer violated the 5th amendment to the U.S. Constitution; the U.S. government’s treaty obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the Torture Victim Protection Act of 1991.101 In seeking to dismiss the lawsuit, the U.S. Department of Justice employed the rarely invoked “state secrets privilege”102 and filed a motion in January 2005 stating that the release of any official information concerning Arar’s transfer to Syria could jeopardize the intelligence, foreign policy, and national security interests of the United States.103 The U.S. government claimed that the disclosure of classified information in the Arar case “reasonably could be expected to cause exceptionally grave or serious damage to the national security interests of the United States” and to its diplomatic relations.104 It is disturbing that the U.S. appears to be using the “state secrets privilege” to shield governmental conduct from public scrutiny. A ruling on the Justice Department’s motion is pending. 100 Shannon McCaffrey, “Canadian Sent to Syria Prison Disputes U.S. Claims against Torture,” Knight Ridder, July 28, 2004 [online] http://www.realcities.com/mld/krwashington/9264400.htm (retrieved March 1, 2005). See also Dana Priest, “Man was Deported after Syrian Assurances,” Washington Post, November 20, 2003, page A24: “Spokesmen at the Justice Department and the CIA declined to comment on why they believed the Syrian assurances to be credible.” 101 The full text of the Arar complaint can be found [online] http://www.ccrny.org/v2/legal/september_11th/docs/ArarComplaint.pdf (retrieved February 22, 2005). 102 The privilege is not enshrined in any one U.S. law, but arises from a series of precedents involving national security concerns. See Andrew Zajac, “Bush Wielding Secrecy Privilege to End Suits: National Security Cited against Challenges to Anti-Terror Tactics,” Chicago Tribune, March 3, 2005, p. 1: “The use of the state secrets privilege, critics say, is part of President Bush’s forceful expansion of presidential secrecy, including…curtailment of information on individuals rounded up in the war on terrorism.” 103 Arar v. Ashcroft, Declarations of James B. Comey, Acting Attorney General (January 18, 2005) and Tom Ridge, Secretary of the U.S. Department of Homeland Security (January 17, 2005), C.A. No. 04-CV-249-DGTVVP [online] http://www.fas.org/sgp/jud/arar-notice-011805.pdf (retrieved February 21, 2005). According to the Department of Justice web site, “The state secrets privilege is well-established in federal law. It has been recognized by U.S. courts as far back as the 19th century, and allows the Executive Branch to safeguard vital information regarding the nation’s security or diplomatic relations. In the past, this privilege has been applied many times to protect our nation’s secrets from disclosure, and to require dismissal of cases when other litigation mechanisms would be inadequate. It is an absolute privilege that renders the information unavailable in litigation” [online] http://www.usdoj.gov/opa/pr/2002/October/02_ag_605.htm (retrieved March 1, 2005). 104 Arar v. Ashcroft,, Declarations of Comey and Ridge, p.4, paras. 5-6. 35 HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)