U.S. Judge Dismisses Arar Lawsuit

Posted on Friday, February 17 at 08:39 by 4Canada
“The need for much secrecy can hardly be doubted,” Trager wrote in his 88-page ruling. “One need not have much imagination to contemplate the negative effect on our relations with Canada if discovery were to proceed in this case and were it to turn out that certain high Canadian officials had, despite public denials, acquiesced in Arar’s removal to Syria.” He also noted Congress has yet to take a position on court reviews of cases like Arar’s, saying judges should be “hesitant” to hold officials liable for damages without “explicit direction” from legislators, “even if such conduct violates our treaty obligations or customary international law.” In Ottawa, Arar called the decision “very disappointing, emotionally very hard to digest.” “I was not expecting the judge to dismiss the entire case. I was hoping that he could let at least part of it proceed to discovery,” he said. “It is giving the green light to the Bush administration and the CIA to continue with their practice of rendition. http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&pubid=968163964505&cid=1140087492383&col=968705899037&call_page=TS_News&call_pageid=968332188492&call_pagepath=News/News

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  1. Sat Feb 18, 2006 8:50 pm
    I read in the Xinhua news that Judge Trager said that Mr. Arar could resubmit his claim that he was denied due process while held in the U.S. because of "the circumstances and conditions of confinement".
    This leaves Mr. Arar's quest for justice wide open. The questions remain: Why was he detained in the first place? Where was his immigration lawyer? Where was his civil rights lawyer then? Maybe Canada's officials of that time could answer... I am sure that a good lawyer could go to the bottom of this.
    It is not because one lost a battle that one lost the war.

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