The George W. Bush administration was the target of much
criticism from human rights groups for, among other things, its policy of
extraordinary rendition, in which detainees have been transferred for
interrogation in other countries that are known for their use of torture. And
human rights groups and individuals have long been calling for an end to
rendition, and accountability for all those who have enabled or participated in
the use of torture in the “war on terror.”
Unfortunately, it doesn’t look like any kind of
accountability will be achieved here in the U.S. anytime soon. The latest
evidence of this came on November 2, when the Second Circuit Court of Appeals
dismissed the case of Maher Arar against U.S.
officials who had sent him to Syria,
where he was interrogated under torture for a year.
Arar, a Syrian-born Canadian citizen, was detained at JFK Airport
in September of 2002 while on his way home to Canada from a vacation. After his
rendition to Syria
and all the torture and abuse, Arar was eventually released, with the Syrian
government stating that they had found no connection to any criminal or
terrorist organization or activity.
Still, that Court of Appeals apparently believes that the U.S. should not
be held accountable for violating international law by putting Arar through
that abuse. The court cited the Bush administration’s favorite excuse -- state
secrets. Case dismissed. God bless America.
Maria LaHood, senior staff attorney for the Center for
Constitutional Rights (CCR), who represented Arar, aptly summed up the
implications of the decision as follows: “With this decision, we have lost much
more than Maher Arar’s case against torture -- we have lost the rule of law,
the moral high ground, our independent judiciary, and our commitment to the
Constitution of the United States.”
Indeed.
The only voice of reason out of the Second Circuit Court was
in a dissent by Judge Guido Calabresi: “I believe that when the history of this
distinguished court is written, today’s majority decision will be viewed with
dismay.”
If it’s not ultimately viewed with dismay, then this nation
really has sold its soul to the Torture Industrial Complex.
Meanwhile, the rest of the world is not going to wait around
for us to get our act together.
On November 4, an Italian judge convicted 23 Americans, most
of them CIA operatives, for the abduction and rendition of Muslim cleric Abu
Omar, who was captured in Milan
in 2003. One of the defendants, a CIA base chief, received an eight-year
sentence, while the others were sentenced to five years each.
The defendants were all tried in absentia and are considered
fugitives.
And while it’s unlikely that any of those 23 Americans will
ever see the inside of an Italian prison cell, the Italian court’s decision
makes a statement to the U.S.
and to the world: that laws were broken and accountability is crucial in a
world that respects the rule of law.
Tom Parker, Amnesty International’s policy director for
counterterrorism and human rights, had this to say: “The United States shouldn’t
need a foreign court to distinguish right from wrong. The Obama administration
must repudiate the unlawful practice of extraordinary rendition -- and hold
accountable those responsible for having put this system in place -- or his
administration will end up as tarnished as his predecessor’s.”
I agree. The world agrees. But the rendition program
continues under Obama.
Obama talks about human rights. But talk -- even Obama’s
fancy variety -- is cheap. Continuing the practice of rendition is not change I
can believe in. In fact, it is no change at all.
Mary Shaw is a Philadelphia-based writer and
activist, with a focus on politics, human rights, and social justice. She is a
former Philadelphia Area Coordinator for the Nobel-Prize-winning human rights
group Amnesty International, and her views appear regularly in a variety of
newspapers, magazines, and websites. Note that the ideas expressed here are the
author’s own, and do not necessarily reflect the opinions of Amnesty
International or any other organization with which she may be associated.
E-mail: mary@maryshawonline.com.