We express our gratitude to the governor of Arar
district and higher authorities of the Northern Border University for their support to this project.
Judge Pooler, however, dissenting in Arar
, criticizes the majority's treatment of the "color of law" requirement in the TVPA and provides an important counterpoint about why Arar
should have been allowed to raise a claim under the TVPA.
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.
To decide the Bivens issue, we must determine whether Arar
's claims invoke Bivens in a new context; and, if so, whether an alternative remedial scheme was available to Arar
, or whether (in the absence of affirmative action by Congress) "special factors counsel hesitation.
Following his release from Syrian detention, Arar
filed a civil action in 2004 against numerous individuals, including: former U.
Late last month, a US federal court of appeals ruled that the lawsuit brought by Arar
against former Attorney General John Ashcroft, FBI Director Robert Mueller and other senior government officials could not be heard.
was a victim of extraordinary rendition, America's notorious program of outsourcing interrogations to governments known to use torture.
En 2002, Maher Arar
, un citoyen ayant la double nationalite canadienne et syrienne, fut detenu et accuse par les autorites etats-uniennes de faire partie d'al Qa'ida.
FOR A LONG TIME I HAVE HAD DOUBTS about Maher Arar
and how his case was resolved.
A Canadian Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar
cleared him of all terrorism allegations.
Above the clouds, Arar
tells Grey, "They allowed me to move freely on the plane.
What bothers me about the Maher Arar
case is not so much the incompetence, inaccuracy and violations of policy by the RCMP.