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New York Times
February 18, 2005

Our Friends, the Torturers
By BOB HERBERT, OP-ED COLUMNIST ([EMAIL PROTECTED])

The United States has long purported to be outraged over Syria's bad
behavior, the latest flash point being the possible Syrian involvement in
the assassination of the former Lebanese prime minister, Rafik Hariri.

>From the U.S. perspective, Syria is led by a gangster regime that has,
among other things, sponsored terrorism, aided the insurgency in Iraq and
engaged in torture. So here's the question. If Syria is such a bad actor -
and it is - why would the Bush administration seize a Canadian citizen at
Kennedy Airport in New York, put him on an executive jet, fly him in
shackles to the Middle East and then hand him over to the Syrians, who
promptly tortured him?

The administration is trying to have it both ways in its so-called war on
terror. It claims to be fighting for freedom, democracy and the rule of
law, and it condemns barbaric behavior whenever it is committed by someone
else. At the same time, it is engaged in its own barbaric behavior, while
going out of its way to keep that behavior concealed from the American
public and the world at large.

The man grabbed at Kennedy Airport and thrown by American officials into a
Syrian nightmare was Maher Arar, a 34-year-old native of Syria who
emigrated to Canada as a teenager. No one, not even the Syrians who
tortured him, have been able to present any evidence linking him to
terrorism.

He was taken into custody on the afternoon of Sept. 26, 2002, and was not
released until Oct. 5, 2003. He was never charged, and when he wasn't
being brutalized, he spent much of his time in an unlit, rat-infested cell
that reminded him of a grave.

Government officials know that this kind of activity is not just wrong but
reprehensible, which is why they won't admit publicly to the policy that
permits them to kidnap individuals like Mr. Arar and send them off to
regimes known to engage in torture. The policy is known as extraordinary
rendition, which is an extreme variation of a little-known but
longstanding legal principle called rendition. Rendition most commonly
refers to the extrajudicial transfer of individuals from a foreign country
to the United States for the purpose of answering criminal charges.

Think, for example, of a drug kingpin who is abducted in Colombia and
brought to the U.S. to stand trial for trafficking. The defendant is said
to have been "rendered" to justice in the U.S.

The courts here have tended to overlook the circumstances surrounding the
seizure of such suspects. But upon arrival in the U.S., the normal rules
of due process in criminal proceedings kick in, and the suspect is
entitled to a fair trial.

In extraordinary rendition there are no rules. The person seized,
presumably a terror suspect, is thrust into a highly secret zone of utter
lawlessness, with no rights whatever. The entire point of this atrocious
exercise is to transfer the suspect to a regime skilled in the art of
torture. It's as if a cop picked up a suspect on the street and handed him
over to the Mafia to extract a confession. One's guilt or innocence is not
relevant. No legal defense is permitted. If a mistake is made, too bad.

U.S. officials knew what they were doing when they gave the signal to ship
Mr. Arar to Syria. As far back as 1996, the State Department had this to
say in a report about human rights in Syria:

"Former prisoners and detainees have reported that torture methods include
electrical shocks; pulling out fingernails; the forced insertion of
objects into the rectum; beatings, sometimes while the victim is suspended
from the ceiling; hyperextension of the spine; and the use of a chair that
bends backwards to asphyxiate the victim or fracture the spine."

According to the State Department, torture was most likely to occur at one
of the many detention centers run by the Syrian security forces,
"particularly while the authorities are trying to extract a confession or
information about an alleged crime or alleged accomplices."

Extraordinary rendition is antithetical to everything Americans are
supposed to believe in. It violates American law. It violates
international law. And it is a profound violation of our own most
fundamental moral imperative - that there are limits to the way we treat
other human beings, even in a time of war and great fear.

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