Will the bill be passed into law. I don't see much
publicity about it. I am astonished that El Masri is
able to travel to the US. This shows that he is not a
suspected terrorist and that his kidnapping involved
mistaken identity---something the US has never
admitted.


Democrats renew Arar fight

TOM HANSON/CP FILE PHOTO
The U.S. has refused to apologize to Canadian Maher
Arar, shown holding a copy of a Canadian inquiry
report exonerating him.  Email story
Print
  Choose text size
 Report typo or correction
 Email the author
 iCopyright permissions
 Tag and save

First step in bid to ban `repugnant' practice of
sending suspects to other lands for torture

Mar 06, 2007 04:30 AM
Tim Harper
WASHINGTON BUREAU

WASHINGTON–A Massachusetts Democrat, citing the
"travesty'' of Maher Arar, will rekindle a bid today
to outlaw the Bush administration practice of
outsourcing torture.

Representative Ed Markey says he is optimistic a
Democratic-controlled Congress can end the practice
known as "extraordinary rendition'' in which detainees
are transferred to countries where there are
substantial grounds to believe they could be tortured.

The first step to ending the "repugnant and
counterproductive'' rendition practice, Markey says,
is a tough congressional investigation of the case of
the B.C. software engineer.

Markey, under his bill in the House of
Representatives, would compel the administration to
compile a list of countries known to abuse and torture
prisoners and prevent the deportation of anyone to any
of them unless the secretary of state certified that
the country in question no longer practised abuse.

A "diplomatic assurance'' from a country would no
longer suffice.

Attorney-General Alberto Gonzales has cited such an
assurance from Syria in attempting to justify Arar's
2002 rendition to Syria from New York's JFK airport,
even though that country had been on a state
department list of human rights abusers.

"It is simply shocking that today, the United States
still refuses to apologize to Maher Arar,'' Markey
said yesterday.

Canada issued a formal apology to Arar in January and
awarded him $11.5 million in compensation.

Markey said despite the Canadian apology and
compensation paid to Arar and his family, the Bush
administration is keeping him on a "no-fly list''
without any justification.

The 16-term congressman is leading the effort to force
action on Arar in the House of Representatives, while
Democrat Patrick Leahy of Vermont and Republican Arlen
Specter of Pennsylvania are leading efforts in the
Senate.

Markey introduced his Outsourcing of Torture bill in
the last Congress, but since then two countries,
Germany and Italy, have started proceedings which
would end with charges laid against CIA agents for the
kidnappings of citizens.

And the European Parliament has since identified more
than 1,000 CIA-operated "ghost flights'' that used
European airspace and airports between 2001 and 2005.

U.S. President George W. Bush has also acknowledged
the existence of secret CIA prisons and asserted his
right to continue to use them.

Rendition victims are finding no satisfaction in U.S.
courts.

Last Friday, a federal appeals court in Virginia ruled
that American state secrets trumped the rights of a
German rendition victim, in a decision that could
forebode the difficulty faced by Arar as his case
winds its way through the U.S. court system.

Khaled el-Masri, who says he was beaten and sodomized
in a so-called "salt pit'' prison in Afghanistan after
being kidnapped by CIA agents in Macedonia on New
Year's Eve 2003, was again denied the opportunity to
proceed with a lawsuit against former CIA chief George
Tenet and other administration officials.

Ben Wizner, the American Civil Liberties Union lawyer
who argued el-Masri's case, said the court's decision
that such a lawsuit would expose "state secrets''
gives virtual immunity to the CIA.

But it does not necessarily sink the hopes of Arar,
who is appealing a lower court ruling dismissing his
lawsuit in New York.

Arar should get his day in court some time this
summer, but legal analysts say he still has hope
because his case is being heard in a more liberal
circuit and because the judge who dismissed his
earlier bid did not invoke the state secrets argument.

Wizner said the ACLU is strongly leaning toward an
appeal of the el-Masri case to the U.S. Supreme Court.

"The question is where will this edifice of secrecy
and unaccountability crack?'' Wizner said.

"I think it will be Khaled el-Masri and Maher Arar on
Capitol Hill, testifying to Congressional committees,
telling them that if innocent people cannot be
vindicated in a court of law, there is something wrong
in this system.

"I think el-Masri and Arar will be eventually seen as
trailblazers and I think the day will come that we
will see Maher Arar in Washington, D.C.''

El-Masri, unlike Arar, is allowed to travel to the
U.S., apparently because he was never rendered from
this country.

He was in the court last November to hear his case
argued, and in an emotional piece he wrote in The Los
Angeles Times last weekend, he said he hoped Americans
would one day "see me as a human being – not a state
secret.''





Blog:  http://kenthink7.blogspot.com/index.html

Reply via email to