House Judiciary Committee
Chairman John Conyers, Jr. (D-MI), Constitution, Civil Rights, and Civil
Liberties Subcommittee Chairman Jerrold Nadler (D-NY), and Foreign Affairs Chairman
of the International Organizations, Human Rights and Oversight Subcommittee,
Bill Delahunt (D-MA), today called on Attorney General Michael Mukasey to
appoint a special counsel to investigate the rendition of a Canadian citizen,
Maher Arar, to Syria.
Returning home to Canada
in September 2002, Mr. Arar was detained at JFK airport in New York based on false intelligence
suggesting ties to terrorist activity. Despite finding that he would likely be
subject to torture, Mr. Arar was then removed to Syria at the direction of the
Commissioner of the INS and the Office of the Deputy Attorney General. Mr. Arar
was subsequently imprisoned for nearly a year and tortured.
In June, the former Department of Homeland Security
Inspector General Clark Ervin testified before a joint Judiciary and Foreign
Affairs subcommittee hearing that he believed that U.S.
officials intended to render Mr. Arar to Syria,
rather than allowing him to continue on to Canada,
because of the likelihood that he would be tortured in Syria.
Upon Mr. Arar's return to Canada in 2003, the Canadian
government conducted an exhaustive investigation concluding that no evidence
linked Mr. Arar to terrorist groups or suggested a security threat and awarded
him nearly $10 million in damages. The DHS Office of the Inspector General
conducted its own four-year investigation into the matter, yet its
investigators lacked subpoena authority and were frequently stymied by numerous
privilege claims.
"Mr. Arar's rendition to Syria,
with the knowledge he would be subject to torture, demands a thorough
investigation into the conduct of the Department of Justice and U.S.
immigration officials," said Conyers. "Given the involvement of
high-ranking administration officials in this matter, and the stonewalling encountered
in the DHS Inspector General's investigation, the appointment of a special
counsel is clearly necessary."
"The Inspector General’s public report reveals that
Administration officials sent Mr. Arar to Syria knowing that he likely would
be tortured," said Rep. Nadler. "This is at odds with everything we
stand for as a free and just nation, and the Administration’s unwillingness to
expose how and why this happened has fueled public concern and criticism. We
urge Attorney General Mukasey to appoint an outside special counsel to
investigate Mr. Arar’s case to ensure a fair investigation is conducted to
examine these serious allegations of wrongdoing."
"The startling revelation that attorneys within the
Office of the Deputy Attorney General were intimately involved in this case is
sufficient cause for an outside review," said Delahunt. "This is the
only way to make sure that those who had a hand in Mr. Arar’s rendition to
torture will be held accountable."