Reflections on the "New American" Revolution
Saturday, February 19, 2005
 
Our Friends, the Torturers
The administration is trying to have it both ways in its so-called war on terror. It claims to be fighting for freedom, democracy and the rule of law, and it condemns barbaric behavior whenever it is committed by someone else. At the same time, it is engaged in its own barbaric behavior, while going out of its way to keep that behavior concealed from the American public and the world at large.
The man grabbed at Kennedy Airport and thrown by American officials into a Syrian nightmare was Maher Arar, a 34-year-old native of Syria who emigrated to Canada as a teenager. No one, not even the Syrians who tortured him, have been able to present any evidence linking him to terrorism.
He was taken into custody on the afternoon of Sept. 26, 2002, and was not released until Oct. 5, 2003. He was never charged, and when he wasn't being brutalized, he spent much of his time in an unlit, rat-infested cell that reminded him of a grave.
Government officials know that this kind of activity is not just wrong but reprehensible, which is why they won't admit publicly to the policy that permits them to kidnap individuals like Mr. Arar and send them off to regimes known to engage in torture. The policy is known as extraordinary rendition, which is an extreme variation of a little-known but longstanding legal principle called rendition. Rendition most commonly refers to the extrajudicial transfer of individuals from a foreign country to the United States for the purpose of answering criminal charges.
... In extraordinary rendition there are no rules. The person seized, presumably a terror suspect, is thrust into a highly secret zone of utter lawlessness, with no rights whatever. The entire point of this atrocious exercise is to transfer the suspect to a regime skilled in the art of torture. It's as if a cop picked up a suspect on the street and handed him over to the Mafia to extract a confession. One's guilt or innocence is not relevant. No legal defense is permitted. If a mistake is made, too bad.
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