USA: Normalizing delay, perpetuating injustice, undermining the 'rules of the road'

Report
June 24, 2010

USA: Normalizing delay, perpetuating injustice, undermining the 'rules of the road'

24 Arar v. Ashcroft. Brief for John D. Ashcroft, former Attorney General, and the official capacity defendants in opposition. On petition for a writ of certiorari to the US Court of Appeals for the Second Circuit. In the Supreme Court of the United States, May 2010.

25 In its brief to the US Supreme Court, the US administration asserted that the Court’s refusal to take the case would not leave “executive power unbounded”. It continued: “While the aggrieved party may have no private remedy for money damages, if the executive in fact has exceeded his appropriate role in the constitutional scheme, Congress enjoys a broad range of authorities with which to exercise restraint and balance” (Internal quote marks omitted).

26 By contrast, Maher Arar was provided by Canada with a judicial inquiry and ultimately a formal apology from the government and monetary compensation for the responsibility of Canadian authorities in relation to his case.

27 See, for example, USA: Investigation, prosecution, remedy: Accountability for human rights violations in the ‘war on terror’, December 2008, http://www.amnesty.org/en/library/info/AMR51/151/2008/en

AI Index: AMR 51/053/2010 Amnesty International 23 June 2010