"...Canadian criminal charges should be brought against U.S. agents
responsible for spiriting the Canadian man in 2002 to Syria, where he
was imprisoned and allegedly tortured for almost a year.

Drawing parallels to the charges brought against CIA operatives by a
Milan magistrate last week, attorney Marlys Edwardh said Canadian law
defined torture as illegal wherever it occurs. Arar, 34, was seized by
U.S. agents while he was changing planes in New York, questioned for
12 days and then transported in shackles to Syria.

"Torture is a crime that is triable by Canadian courts if the victim
is a Canadian citizen. The Americans definitely aided and abetted this
crime," Edwardh said, standing outside the site of a judicial inquiry
into Arar's treatment."

"This can affect every Canadian traveling, especially Muslim men," he
said. "You are stopped, and they can't charge you with anything, but
they send you off to another country to be tortured."

"Are there any controls on these people?" he asked, referring to
authorities. "Is this the way to fight terrorism -- by abolishing due
process, by abolishing justice?"

http://www.washingtonpost.com/wp-dyn/content/artic
le/2005/06/30/AR2005063001980.html

Canadian's Lawyers Blame U.S.
Agents Accused of Sending Man to Syria for Torture in '02

By Doug Struck
Washington Post Foreign Service
Friday, July 1, 2005; Page A14

OTTAWA, June 30 -- Attorneys for Maher Arar said Thursday that
Canadian criminal charges should be brought against U.S. agents
responsible for spiriting the Canadian man in 2002 to Syria, where he
was imprisoned and allegedly tortured for almost a year.

Drawing parallels to the charges brought against CIA operatives by a
Milan magistrate last week, attorney Marlys Edwardh said Canadian law
defined torture as illegal wherever it occurs. Arar, 34, was seized by
U.S. agents while he was changing planes in New York, questioned for
12 days and then transported in shackles to Syria.

"Torture is a crime that is triable by Canadian courts if the victim
is a Canadian citizen. The Americans definitely aided and abetted this
crime," Edwardh said, standing outside the site of a judicial inquiry
into Arar's treatment.

Arar's attorneys said they would call for a criminal investigation of
Canadian authorities for their role in Arar's transfer to Syria and
his interrogation there, which Arar said included beatings and more
than 10 months of confinement in a coffin-size dungeon.

Testimony given during the inquiry this week described extensive and
highly organized involvement with Syria by both Canadian and U.S.
officials, which was ongoing by 2002. According to the testimony,
those involved included Canadian legal advisers, diplomats and members
of the CIA and FBI, all of whom regularly approved giving the Syrians
intelligence and other information to be used in interrogations.

"I was very surprised that what seems to be in place is a mechanism
for fairly routine sharing of important information" with Syria,
Edwardh said after the testimony ended. "We are exposing people to the
risk of torture while offering to work with those regimes. It's
shocking. It shouldn't happen."

The judicial inquiry was convened after Arar was released without
charges by Syria and returned to his wife and children in Canada in
October 2003. The computer engineer has denied any involvement in
radical politics and called for Canadian officials to be held
accountable for his treatment.

A key witness at the inquiry, Michel Cabana, the superintendent of the
Royal Canadian Mounted Police, denied in testimony Wednesday and
Thursday that Canadian authorities knew the Americans had decided to
send Arar to Syria instead of back to Canada. Arar, who came to Canada
at age 17, holds dual citizenship.

"This is not something I even considered as something the Americans
could even do," Cabana testified Thursday. "I did not believe their
laws would allow them to do that."

But Cabana acknowledged sending a list of questions to U.S. agents to
pose to Arar. He repeatedly said Arar was not a target of
investigation but knew some men who were.

Cabana also described frequent formal meetings he had with many
different U.S. and Canadian agencies to coordinate their work after
the Sept. 11, 2001, attacks and the lifting of restrictions on trading
investigative information. One meeting in 2002 included a PowerPoint
presentation on suspects to U.S. law enforcement agents.

Arar and his supporters have said that information was often flawed
and included fabrications derived from torture sessions. Three Arab
Canadian men have been interrogated in Syria and released without
charges. By mid-August 2002, a month before Arar was detained at John
F. Kennedy International Airport, one of the other Canadians, Ahmad
Abou El-Maati, had complained to consular officials of torture.

Minutes of a meeting of Cabana's anti-terrorism unit in Ottawa in
August 2002 indicated the participants' wariness about the potential
public reaction.

The meeting discussed "media lines to be used when an individual's
allegations about torture in Syrian authorities" were made public, the
memo introduced to the inquiry read. "The attending agencies all are
agreed that minimal information will be put out due to the ongoing
police investigations."

Arar watched the proceedings Thursday with his 8-year-old daughter. He
said what happened to him should be chilling to all Canadian citizens.

"This can affect every Canadian traveling, especially Muslim men," he
said. "You are stopped, and they can't charge you with anything, but
they send you off to another country to be tortured."

"Are there any controls on these people?" he asked, referring to
authorities. "Is this the way to fight terrorism -- by abolishing due
process, by abolishing justice?"

The judicial inquiry is scheduled to conclude with separate public and
classified reports by year's end. The testimony and documents in
evidence are full of blacked-out redactions of information that the
government claims would jeopardize national security.




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