(Fwd) FW: Arar launches lawsuit against U.S. government

[Ivo Skoric]

It is bad enough for the global sense of freedom of movement to see 
that the US deported a Canadian citizen to Syria. Now we have to 
listen how Canadians are obstructing the independent public review of 
that case of their utterly obsequious servitude to the American 
foreign policy interests.
ivo

------- Forwarded message follows -------



Marko C. Maglich
White & Case LLP
1155 Avenue of the Americas
New York, NY  10036-2787
Tel: +1 (212) 819-8635
Fax: +1 (212) 819-7849
E-mail: mmaglich at whitecase.com
-----Original Message-----


http://www.cbc.ca/stories/2004/01/22/ararsuit040122

Arar launches lawsuit against U.S. government 
Last Updated Thu Jan 22 17:01:56 2004 

NEW YORK-- A Canadian citizen who says he was tortured in a Syrian
prison after being deported by the U.S. launched a lawsuit against 
the
American government Thursday, seeking financial compensation and a
declaration that the U.S. acted illegally. 



  <http://www.cbc.ca/gfx/photos/arar_cp_5380838.jpg> 
Maher Arar (CP photo)	

Maher Arar's lawsuit was filed through a lawyer who represented him 
at
the U.S. District Court for the Eastern District of New York. 


Attorney General John Ashcroft, Homeland Security Secretary Tom Ridge
and FBI director Robert Mueller were among the officials named in the
lawsuit, as well as 10 "John Does" who took part in Arar's detention
and interrogation in the United States in the autumn of 2002. 


Barbara Olshansky of the New York-based Center for Constitutional
Rights called Arar's case a clear example of constitutional
overreaching by the U.S. administration. 


She said the lawsuit alleges that U.S. officials made the decision to
deport Arar with the full knowledge that Syria practises
state-sponsored torture, and that they intentionally deported him to
acquire more knowledge about terrorism because Syria "can and does 
use
methods that would not be legally or morally acceptable in this
country." 


The suit is being filed under the Torture Victims Protection Act,
brought in by former U.S. president George Bush Sr. to help victims
around the world. 


Olshansky noted that this is the first case in which U.S. officials
are being accused under that statute.


She said Arar wants a declaration that "he is entirely innocent," as
well as assurances that nobody else in his situation will be treated
similarly. 


He is also seeking damages for the economic losses he suffered during
his 10 months in Syria, as well as for the mental and physical 
anguish
endured by himself and his family. 


"Until my name is cleared, neither I nor my family can move forward,"
Arar said from Ottawa after the lawsuit was filed. 


"I am a family man, a husband and an engineer. I am not a terrorist." 



He spoke vividly of his 10 months and 10 days in a Syrian prison,
saying: "The screams of my fellow inmates filled my waking hours and
remain with me to this day." 


Arar added: "I hope my lawsuit will ensure that no one else ever 
again
has to go through what I went through at the hands of the United
States government."



He also called once more for the government of Canada to call an
inquiry on his case, a move that Prime Minister Paul Martin has
rejected until all current investigations by the RCMP and the 
Canadian
Security Intelligence Service are complete. 


"My own government is not without responsibility for what happened,"
Arar said. 


He would not rule out a lawsuit against the Canadian government if it
doesn't call a public inquiry. 


U.S. authorities detained Arar at Kennedy airport in New York in
September 2002, while he was on a flight back to Canada from Tunisia. 



He was accused of having ties to Osama bin Laden's al-Qaeda network
and deported to Syria, the country where he was born. 


Last November, Ashcroft defended the U.S. decision, saying it was
legal and Syria gave assurances Arar would not be tortured. 


The CBS news program 60 Minutes II reported on Wednesday night that
Canadian authorities were told of Washington's plan to deport Maher
Arar to Syria and that they approved. 


The lawsuit is being launched on the heels of an RCMP raid into the
home and offices of an Ottawa Citizen journalist as part of a 
criminal
investigation into leaks in the case of Arar. 



*	FROM JAN. 21, 2004: Reporter's home
<http://www.cbc.ca/stories/2004/01/21/arar040121> searched by RCMP as
part of Arar investigation 


Police say they are conducting an investigation into an alleged 
breach
of the Security of Information Act by reporter Juliet O'Neill, who
wrote a story on the Arar case in November. The act makes it illegal
to communicate leaked secret documents. 




======================================================================
======= This e-mail communication is confidential and is intended 
only
for the individual(s) or entity named above and others who have been
specifically authorized to receive it. If you are not the intended
recipient, please do not read, copy, use or disclose the contents of
this communication to others. Please notify the sender that you have
received this e-mail in error by replying to the e-mail or by
telephoning (212) 819-8200 during the hours of 9:30am - 5:30pm (EST).
Any other time please call (212) 819-7664. Please then delete the
e-mail and any copies of it. Thank you. 

======================================================================
========

------- End of forwarded message -------