Second Circuit Rules Against Maher Arar in Kidnap-Torture Suit
The Second Circuit Court of Appeals has ruled against Maher Arar in his extraordinary rendition and torture lawsuit against the Government. Arar, a Canadian, was detained at JFK, flown to Syria where he was tortured for almost a year, before being returned to Canada. The Canadian government found that Mr. Arar had no connection to terrorism and apologized to him. It also awarded him a multi-million-dollar settlement for its role in the mess. Not our government. Georgetown law professor David Cole, who argued the case, which was brought by the Center for Constitutional Rights says:
“This decision says that U.S. officials can intentionally send a man to be tortured abroad, bar him from any access to the courts while doing so, and then avoid any legal accountability thereafter. It effectively places executive officials above the law, even when accused of a conscious conspiracy to torture. If the rule of law means anything, it must mean that courts can hear the claim of an innocent man subjected to torture that violates our most basic constitutional commitments.”
The opinion is available here. The dissent, which begins on p. 61 of the 184 page opinion, is well worth reading. All of our Maher Arar coverage is accessible here.
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