Case Study: Maher Arar
Maher Arar
On September 26th, 2002 Maher Arar, a Canadian citizen who immigrated from Syria, was taken into custody by the U.S. Immigration and Naturalization Service (INS) at Kennedy Airport on his way home to Canada after visiting his wife's family in Tunisia. He was questioned about his alleged links to al-Qaeda for 9 hours without a lawyer and then removed to the Metropolitan Detention Center in New York.
Awakened by U.S. officials in the early hours of October 8th, 2002 he was told that he would be deported to Syria where torture and incommunicado detention are commonplace for political prisoners. He was never given a hearing nor did the Canadian consulate, his lawyer or his family know of his fate. Expulsion in such circumstances, without a fair hearing, and to a country known for regularly torturing their prisoners, violates the U.S. Government's obligations under international law, specifically the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
After a brief stopover in Jordan where he was shackled and beaten, he was then driven to Syria and taken to the "Far Falestin", the Palestine Branch of Syrian military intelligence, known for the routine torture of political prisoners. While there he was severely beaten with electrical cable during six days of interrogation, and threatened with electric shocks and the "metal chair" - a torture device that stretches the spine. Eventually he says he broke down and signed a document falsely confessing to having been in Afghanistan.
He reports he was held alone in a tiny, basement cell without light, which he called "the grave", for more than 10 months. A small grate in the ceiling opened up into a hallway above. Through it cats and rats urinated on him. There was no furniture in the cell, only two blankets on the floor. He had no exposure to natural light for the first six months.
Canadian consular officials visited Arar in detention, but were never allowed to speak to him alone. Between April 22 and August 14, 2003 they were not permitted to see him at all despite numerous requests.
On October 5th, 2003, the eve of his trial before the State Security Court, Mr. Arar was suddenly released to the Canadian Consulate in Damascus by Syrian authorities. The next day he was flown home to Canada to be reunited with his wife and two young children.
On February 5th, 2004 the Canadian government established the Commission of
Inquiry into the Actions of Canadian Officials in Relation to Maher Arar. This
marks the first time that a government has launched an independent review of
the post 9/11 security laws and practices.
