Tortured thru US rendition, sues for damages ... and told to get lost -- oreign policy and national security issues "Compelling"

Sound off: Where the views and opinions of our staff and others are expressed on various topics that relate to Bush: "The Torturers Win | by Bob Herbert | The New York Times | February 20, 2006

Justice? Surely you jest.

Terrible things were done to Maher Arar, and his extreme suffering was set in motion by the United States government. With the awful facts of his case carefully documented, he tried to sue for damages. But last week a federal judge waved the facts aside and told Mr. Arar, in effect, to get lost.

We're in a new world now and the all-powerful U.S. government apparently has free rein to ruin innocent lives without even a nod in the direction of due process or fair play. Mr. Arar, a Canadian citizen who, according to all evidence, has led an exemplary life, was seized and shackled by U.S. authorities at Kennedy Airport in 2002, and then shipped off to Syria, his native country, where he was held in a dungeon for the better part of a year. He was tormented physically and psychologically, and at times tortured.

The underground cell was tiny, about the size of a grave. According to court papers, 'The cell was damp and cold, contained very little light and was infested with rats, which would enter the cell through a small aperture in the ceiling. Cats would urinate on Arar through the aperture, and sanitary facilities were nonexistent.'

Mr. Arar's captors beat him savagely with an electrical cable. He was allowed to bathe in cold water once a week. He lost 40 pounds while in captivity." ...
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The Center for Constitutional Rights in New York filed a lawsuit on Mr. Arar's behalf, seeking damages from the U.S. government for his ordeal. The government said the case could not even be dealt with because the litigation would involve the revelation of state secrets.

In other words, it wouldn't matter how hideously or egregiously Mr. Arar had been treated, or how illegally or disgustingly the government had behaved. The case would have to be dropped. Inquiries into this 21st-century Inquisition cannot be tolerated. Its activities must remain secret at all costs.

In a ruling that basically gave the green light to government barbarism, U.S. District Judge David Trager dismissed Mr. Arar's lawsuit last Thursday. Judge Trager wrote in his opinion that "Arar's claim that he faced a likelihood of torture in Syria is supported by U.S. State Department reports on Syria's human rights practices."

But in dismissing the suit, he said that the foreign policy and national security issues raised by the government were "compelling" and that such matters were the purview of the executive branch and Congress, not the courts.

He also said that "the need for secrecy can hardly be doubted."

Under that reasoning, of course, the government could literally get away with murder. With its bad actions cloaked in court-sanctioned secrecy, no one would be the wiser. ...