Arar accuser says he was tortured
Months before the Syrians locked up Maher Arar, he was fingered as a terrorism suspect by a Canadian acquaintance.''During my detention and torture by the Syrians I was forced to divulge everyone I knew. This included Mr. Maher Arar,'' says Ahmad Abou El-Maati, a Toronto truck driver first arrested in November, 2001, and released from a series of Middle East prisons just a few weeks ago.
Mr. El-Maati says that shortly after his arrest he placated his torturers by falsely confessing to a bomb plot targeting Ottawa, and by falsely implicating others, including Mr. Arar, according to an affidavit he wrote after returning to Canada last month.
...The six-page affidavit Mr. El-Maati swore to just two weeks ago marks the first time he has told his story publicly, and it is written in support of his application to tell it in greater detail at the inquiry.
Mr. El-Maati is slated to appear tomorrow at hearings into who will get standing to appear at the Arar inquiry. In his affidavit, Mr. El-Maati, a Kuwaiti-born Arab and devout Muslim who has lived in Canada since 1981, says events began in earnest on Sept. 11, 2001. On the day hijacked airplanes smashed into the World Trade Center, he says Canadian Security Intelligence Service agents approached him and "indicated to me they would stop the [immigration] sponsorship of my Syrian wife." Then, "CSIS harassed and prodded me and made my life so miserable and made it clear my wife and I would never be together."
CSIS, he says, had already been bothering him for months, but this was the final straw. He says he was thus pushed to go to Syria, which he flew to in November.
He says RCMP or CSIS agents questioned him in the Toronto airport and also put a spy on the plane. Then, "upon my arrival in Syria on November 12, 2001, I was immediately detained."
El-Maati's statements support the scenario sketched out in
this post which suggests that a false confession gained under torture led directly to the imprisonment and torture of Arar and of Abdullah Almalki who is mentioned later in this story.
In a post on the subject, BruceR at Flit describes El-Maati as a "legit suspect" and suggests that as a result of the confession, all Canadian officials did was add the names of Almalki and Arar to a list of potential suspects which was subsequently passed on to American spooks who took it from there. But since he remains free and has never been charged with anything, why was El-Maati a legitimate suspect? At whose request was he detained in Syria? And how did the map of Ottawa found in a truck driven by El-Maati, which he claims was last seen in the hands of the RCMP, end up in the possession of his Syrian interrogators?
I guess we can add these to the list of outstanding questions that already beg for answers. How did the lease bearing Maher Arar's signature end up in the possession of the American officials who questioned him in New York? And if Canadian spooks weren't complicit in Arar's detention, why were they in such a hurry to leak reports to the press that suggested he was guilty of something while doing so only on the condition of anonymity?
I think the degree of involvement on the part of Canadian agencies remains very much an open question, one we can hope will be answered by the inquiry. But that inquiry has hit a roadblock.
Ottawa trying to hold back documents from Arar inquiry
Maher Arar says he is concerned he may never see most of the evidence at the public inquiry that's looking into his arrest and deportation to Syria.
Lawyers for the federal government are objecting to Arar's involvement in hearings to decide whether some documents remain secret.
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Lorne Waldman, Arar's lawyer, says "the public information that has been made available to date raises the very grave and serious question of whether the Canadian government, and in particular the Canadian security services, are involved in contracting out torture, in violation of Canadian and international law."
The answers may be contained in some of the thousands of pages of documents the commission has sought from 10 government departments and agencies, including the RCMP and the Canadian Security Intelligence Service (CSIS).
But Marlys Edwardh, Arar's co-counsel, says her client may never see most of those documents.
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The government of Canada can ask the inquiry's commissioner Justice Dennis O'Connor to declare any evidence secret on the grounds its publication could harm national security, national defence or international relations.
O'Connor will make those decisions in secret, at times with only government lawyers present.
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But Arar's lawyers are also concerned that even if O'Connor rules that information should be made public the attorney general can always apply to the Federal Court to stop the release.
In the previously cited post, BruceR worries that the Arar case may have a chilling effect on the sharing of intelligence between Canada and the United States and that's a valid concern. But if intelligence agencies and governments on both sides of the border want public support for these measures, they would do well to acknowledge that they're acting in the name of citizens who live in societies where the rule of law and due process are supposed to be in effect. For starters they might try not involving regimes like Syria, notorious for relying on torture, in their investigations.
Even if "mistakes were made" in this case, it would be better to admit them and to demonstrate that they won't be repeated than to keep the evidence secret in the name of "national security", and keep us in the dark. Suggesting that we should simply trust our governments and law enforcement agencies to learn from their mistakes rings pretty hollow when confronted with what we know so far. This looks like one more indication that the War on Terror™, which has been used to justify everything from the invasion of Iraq to legislation that's profoundly undemocratic, is being botched.