Assessing Damage, Urging Action
An example was provided to the Panel in Canada about the impact that cooperative
endeavours across several countries can have on any one person, and the case is
highlighted here, not because it is exceptional (it is not), but because it epitomises
the problems that can arise as a result of transnational intelligence cooperation.
Case-study: Maher Arar 194
Mr Arar is a telecommunications engineer who lives and works in Canada
and holds both Canadian and Syrian citizenship.
He was detained at John F Kennedy airport in New York whilst in transit to
his home in Canada in September 2002 in the mistaken belief that he was
associated with al-Qaeda.
Mr Arar was arrested, interrogated without access to counsel and detained
for 12 days by the US authorities. Despite his objection that he risked torture
on return to Syria, Mr Arar was issued with an order of removal to Syria,
where he was held for nearly a year and repeatedly tortured. Mr Arar is
certain that he was being interrogated at the behest of the Americans, since
he was asked identical questions in the US and Syria. He was finally released
when Syria concluded that it could not find any terrorist links.
The Canadian Government established a Commission of Inquiry, which cleared
Mr Arar’s name, and confirmed that he had been tortured. Canada gave him
financial compensation for its role in the affair, on the grounds that it was
very likely that the US had acted on information supplied by Canada which
had been “inaccurate, portrayed him in an unfairly negative fashion, and
over-stated his importance to the RCMP (Canadian police) investigation”.
Mr Arar’s attempts to gain redress in the US courts have to date been blocked
on the grounds of national security. Apart from the pain and humiliation
involved in the process of rendition, and torture, the very fact that Mr Arar
was characterised as a suspected terrorist had a devastating impact on him
and his family.
submission by Florian Geyer, Center for European Policy Studies (CEPS), EJP European Union Hearing. See
also information provided by the Center for Constitutional Rights, “Foreign interrogators in Guantánamo
Bay”, http://ccrjustice.org/learn-more/faqs/foreign-interrogators-guantanamo-bay.
194 See the summary of the EJP Canada Hearing.
83
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