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Lawyers Call for Maher Arar Investigaton

The Lawyers Committee for Human Rights is calling for an investigation into the Maher Arar case:

It is a clear violation of international law and of United States policy not only to commit torture, but also to send someone to a country where they would face torture.

Article 3 of the Convention on Torture, to which the United States is a party, states:

No State Party shall expel, return ('refouler') or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.... For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

U.S. treaty obligations and policy have been implemented through regulations issued by the Department of Justice, the Department of Homeland Security, and the State Department, that codify the United States' commitment not to send individuals to another country where they are likely to be tortured. Among other protections, these binding regulations require that individuals facing deportation or extradition be given an opportunity to be heard on the likelihood of torture in the country to which they are facing return. The Arar case suggests that either those procedures are not being followed, or that they are inadequate

“Figuring out exactly what the US role was in handing Mr. Arar over to Syrian authorities will help assess existing procedures designed to prevent torture,” said Massimino. “The administration should launch an investigation immediately that looks into, and reports publicly on, the circumstances of this case.”

If you are not familiar with the Lawyers' Committee for Human Rights, here is their mission statement:

Since 1978, the Lawyers Committee for Human Rights has worked in the U.S. and abroad to create a secure and humane world by advancing justice, human dignity and respect for the rule of law. We support human rights activists who fight for basic freedoms and peaceful change at the local level; protect refugees in flight from persecution and repression; promote fair economic practices by creating safeguards for workers' rights; and help build a strong international system of justice and accountability for the worst human rights crimes.

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