The Second and Ninth Circuits dismissed the plaintiffs' claims in both Arar
David Cole, a lawyer for Arar
, said: "The courts below ruled that federal officials cannot be sued for sending an innocent man to Syria to be tortured because the case would be too sensitive."
Count One of Arar
's complaint alleges that the defendants conspired with Jordanian and Syrian officials to have Arar
tortured in direct violation of the TVPA."
did not plead a theory of liability for refoulement under the A.T.S., the Second Circuit should have held, sua sponte, that defendants' alleged rendition of Arar
to Syria with the knowledge or intent that Syrian officials interrogate him under torture states a prima facie claim of refoulement.
, a Syrian-born Canadian, was detained on suspicion of being a terrorist at New York's John F.
The story of Arar
's wife, Monia Mazigh, is far less familiar to Canadians.
He was incommunicado from his family for almost two years and, like Arar
(allegedly), beaten with a heavy power cable.
Yet, despite the Syrians' inability to connect him to al-Qaeda and the Canadians' having exonerated him, Arar
is still considered persona non grata in the United States and remains on the terrorist watch list (U.S.
What bothers me about the Maher Arar
case is not so much the incompetence, inaccuracy and violations of policy by the RCMP.
, a Canadian citizen, and Khalid El-Masri, a German citizen, both were detained for months on end and brutalized, Arar
at the hands of Syrian proxy torturers, and El-Masri allegedly by the CIA itself in Afghanistan.
He was recently a fact finder for the federal government's Commission of Inquiry into the case of Maher Arar
, a Syrian-born Canadian, who was arrested by U.S.
Mr Mahar Arar
, a Canadian citizen of Syrian origin, also told MEPs on 23 March that he heard the crew of the plane saying they would be stopping in Athens after dropping him in Amman, Jordan.