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SF Gate: Torture by proxy/How immigration threw a traveler to thewolves


From: Dave Farber <dave () farber net>
Date: Mon, 05 Jan 2004 09:03:29 -0400


-----Original Message-----
From: Richard Perlman <perl () lucent com>
Date: Sun, 04 Jan 2004 20:14:47 
To:Dave Farber <dave () farber net>
Cc:Ip Ip <ip () v2 listbox com>
Subject: FW: SF Gate: Torture by proxy/How immigration threw a traveler to the
 wolves

Dave:

If people aren't worried about the loss of liberties, this might change
their minds.  Then again, it only happened to a "foreigner..."

Richard

------ Forwarded Message
From: "Richard" <rdp () yikes com>
Organization: SF Gate, San Francisco, CA
Date: Sun, 4 Jan 2004 20:12 -0800
To: "Richard" <rdp () yikes com>
Subject: SF Gate: Torture by proxy/How immigration threw a traveler to the
wolves


Sunday, January 4, 2004 (SF Chronicle)
Torture by proxy/How immigration threw a traveler to the wolves
Christopher H. Pyle


 On Sept. 26, 2002, U.S. immigration officials seized a Syrian-born
Canadian at Kennedy International Airport, because his name had come up on
an international watch list for possible terrorists. What happened next is
chilling.
 Maher Arar was about to change planes on his way home to Canada after
visiting his wife's family in Tunisia when he was pulled aside for
questioning. He was not a terrorist. He had no terrorist connections, but
his name was on the list, so he was detained for questioning. Not
ordinary, polite questioning, but abusive, insulting, degrading
questioning by the immigration service, the FBI and the New York City
Police Department.
 He asked for a lawyer and was told he could not have one. He asked to call
his family, but phone calls were not permitted. Instead, he was clapped
into shackles and, for several days, made to "disappear." His family was
frantic.
 Finally, he was allowed to make a call. His government expected that
Arar's right of safe passage under its passport would be respected. But it
wasn't. Arar denied any connection to terrorists. He was not accused of
any crimes, but U.S. agents wanted him questioned further by someone whose
methods might be more persuasive than theirs.
 So, they put Arar on a private plane and flew him to Washington, D.C.
There, a new team, presumably from the CIA, took over and delivered him,
by way of Jordan, to Syrian interrogators. This covert operation was
legal, our Justice Department later claimed, because Arar is also a
citizen of Syria by birth. The fact that he was a Canadian traveling on a
Canadian passport, with a wife, two children and job in Canada, and had
not lived in Syria for 16 years, was ignored. The Justice Department
wanted him to be questioned by Syrian military intelligence, whose
interrogation methods our government has repeatedly condemned.
 The Syrians locked Arar in an underground cell the size of a grave: 3 feet
wide, 6 feet long, 7 feet high. Then they questioned him, under torture,
repeatedly, for 10 months. Finally, when it was obvious that their
prisoner had no terrorist ties, they let him go, 40 pounds lighter, with a
pronounced limp and chronic nightmares.
 Why was Arar on our government's watch list? Because "multiple
international intelligence agencies" had linked him to terrorist groups.
How many agencies? Two. What had they reported? Not much.
 The Syrians believed that Arar might be a member of the Muslim
Brotherhood. Why? Because a cousin of his mother's had been, nine years
earlier, long after Arar moved to Canada. The Royal Canadian Mounted
Police reported that the lease on Arar's apartment had been witnessed by a
Syrian- born Canadian who was believed to know an Egyptian Canadian whose
brother was allegedly mentioned in an al Qaeda document.
 That's it. That's all they had: guilt by the most remote of computer-
generated associations. But, according to Attorney General John Ashcroft,
that was more than enough to justify Arar's delivery to Syria's torturers.
 Besides, Ashcroft added, the torturers had expressly promised that they
would not torture him.
 Our intelligence agencies have a name for this torture-by-proxy. They call
it "extraordinary rendition." As one intelligence official explained: "We
don't kick the s -- out of them. We send them to other countries so they
can kick the s -- out of them."
 This secret program for torturing suspects has been authorized, if that is
the right word for it, by a secret presidential finding. Where the
president gets the authority to have anyone tortured has never been
explained.
 It is time someone asked. What our government did to Maher Arar is worse
than anything the British did to our Colonial forefathers. It was worse
than anything J. Edgar Hoover did to alleged Communists, civil rights
workers and anti-war activists during his long program of dirty tricks.
 According to the Bush administration, we are at "war" with al Qaeda. If
so, then delivering a suspect to torturers is a war crime and should be
prosecuted as such. But first, we need to know who was responsible, and
that will not be easy -- unless there is a firestorm of protest.
 Isn't it time to condemn torture by proxy and demand prosecution of the
persons responsible? Isn't it time to question how these watch lists are
assembled and used, before more of us fall victim to secret detentions and
brutal interrogations based on guilt by computerized associations?
 Christopher Pyle teaches constitutional law and civil liberties at Mount
Holyoke College. 
----------------------------------------------------------------------
Copyright 2004 SF Chronicle



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