Supreme Court rejects Maher Arar case
Center for Constitutional Rights
On June 15, the United States Supreme Court rejected CCR’s case on behalf of Canadian citizen and extraordinary rendition survivor Maher Arar against U.S. officials for their role in sending him to Syria to be tortured and detained in an underground, grave-like cell for a year. This latest decision signals the end to Maher’s legal case to obtain justice in U.S. courts. Now it is up to the White House and Congress.
With this latest decision, CCR has exhausted the legal process. While we are deeply disappointed that the courts have been unwilling to recognize Maher’s right to have his story heard by an American jury we will continue to pursue every available avenue towards an apology and remedies. This case has become a national embarrassment. The U.S. refuses to acknowledge or apologize for the crimes and human rights abuses they committed when they sent Maher to Syria to be tortured. Maher remains on a U.S. Watch List, despite an exhaustive investigation by the Canadian Commission of Inquiry that found “categorically that there is no evidence to indicate that Mr. Arar has committed any offence or that his activities constitute a threat to the security of Canada.”
As CCR cooperating attorney and Vice-President David Cole says, “The courts have regrettably refused to right the egregious wrong done to Maher Arar. But the courts have never questioned that a wrong was done. They have simply said that it is up to the political branches to fashion a remedy. We are deeply disappointed that the courts have shirked their responsibility. But this decision only underscores the moral responsibility of those to whom the courts deferred – President Obama and Congress – to do the right thing and redress Arar’s injuries.”
The Obama Administration and Congress can and must:
• Acknowledge the wrong done to Maher Arar in a public apology;
• Remove Maher Arar from the Watch List;
• Appoint outside special counsel to investigate and prosecute crimes relating to Maher Arar’s rendition;
• Remedy the harm done to Maher Arar; and
• Ensure that the U.S. does not send anyone to torture or arbitrary detention again.
As Maher said today upon hearing the petition was denied, “My case and other cases brought by human beings who were tortured have been thrown out by U.S. courts based on dubious government claims. Unless the American people stand up for justice they will soon see their hard-won civil liberties taken away from them as well.”
CCR will continue to stand by Maher Arar and, despite the court’s refusal to act, we will not stop seeking justice for him in the United States. Write to both Obama and your representatives in Congress and demand immediate action. The ball is now in their court.
Thank you to everyone who has stood by Maher and CCR since we first filed this case in 2004. The fight is not over and your support will continue to be critical.
Sincerely,
Annette Dickerson
Director of Education and Outreach
2 Comments
Leave a Response
You must be logged in to post a comment.
Huffington Post
Maher Arar
In Refusing to Hear My Case, The Supreme Court Has Put the World’s Peace and Order in Danger
Last week the Supreme Court of the United States of America refused to hear my case. This eliminates any remaining hope for me of obtaining justice through the U.S. judicial system against US officials who sent me to Syria to be tortured.
Let me emphasize the fact that my case is not an isolated one. My case is unique in the sense that I was the only person who was rendered from US soil. But hundreds of other human beings have been rendered by the CIA and handed over to brutal regimes. No one knows how many of these people have died under torture or completely disappeared. Those of us who were lucky “survived” and were released, but now live with psychological and physical scars.
In times of turmoil and crisis, such as the ones we have been living since 9/11, the judicial system is supposed to do exactly the opposite of what it has done: it is supposed to stand up to the executive branch and make sure the constitution is respected. Unfortunately, the judicial system has abandoned its sacred role of ensuring that no one is above the law. In doing so it has given the executive branch the green light to continue abusing people’s basic human rights. As a result of this willful blindness, it has put the world’s peace and order in danger.
A lot of people had high hopes when Obama took his oath to uphold the Constitution. It later became clear that his administration was no better than that of his predecessor. Here we are, 18 months after he took office, and Guantánamo is still open, renditions are still being carried out and illegal assassinations by drone planes have increased tenfold. This latter tactic has claimed the lives of hundreds of innocent civilians so far. One can only wonder what is next in the so-called “war on terror.”
What is the solution to this state of lawlessness that the world is experiencing today? In my opinion, the judicial system can, and should, exercise its full powers. American Judges should learn lessons from their Italian counterparts, who did not listen to their political masters when it came to laying charges against the CIA officers who illegally kidnapped an Egyptian cleric on Italian soil and rendered him to torture in Egypt.
The RCMP, the Canadian federal police force, has launched a criminal investigation into my case. They have been collecting evidence with the view to charge those Syrian and American officials who were responsible for my torture. Whether charges will be brought against these officials will be something I and other human rights advocates will be watching very closely.
History has taught us that civilizations prosper when they make sure that justice prevails. Those civilizations that forgot this important lesson saw their might vanish in the eyes of people. I have no choice but to agree with Benjamin Franklin, who once wrote, “Those who would give up Essential Liberty to purchase a little Temporary Safety deserve neither Liberty nor Safety.”
NYC Premiere! One Night Only – free showing of We Are Not Afraid
One year ago, Honduras experienced a military coup d’etat that unleashed a brutal repression against the Honduran people that is still ongoing today. In the face the assassinations and other rampant human rights violations, an historic resistance movement has risen up throughout the country. Read more in “One Year Later: Honduras Resistance Strong Despite US-Supported Coup” (on the CCR website) by CCR’s Bill Quigley and Laura Raymond.
CCR will be hosting the New York premiere of We Are Not Afraid: Inside the Coup in Honduras, the first feature documentary film about the Honduran Resistance. Please join us in solidarity to shed light on the struggle for democracy and human rights in Honduras.
When: Wednesday, July 7, 7pm
Where: Tribeca Cinemas (54 Varick Street, New York, NY 10013)
What: We Are Not Afraid Premiere and Q&A with filmmaker Katia Lara
Price: FREE
For more information: email events@ccrjustice.org
Space is limited so please arrive early.