Reps. Nadler and Delahunt Investigate DHS Report on Canadian’s Rendition

More Than Fours Years after Initial Request, Some Findings are Finally Made Public

WASHINGTON, D.C. – Congressman Jerrold Nadler (NY-08), chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties and Congressman Bill Delahunt (MA-10), chair of the House Foreign Affairs Subcommittee on International Organizations, Human Rights and Oversight today held a joint oversight hearing on the report of the Department of Homeland Security Office of Inspector General on the removal of Maher Arar, a Canadian citizen, to Syria.

The initial “secret” report, which took four years to complete, was provided to Congress in December 2007 and was accompanied by a one-page unclassified summary that recited facts already admitted publicly by the Administration.  At today’s hearing, DHS released a revised public version of the “secret” report, of which several findings raised troubling questions that will warrant further investigation.  

“Nearly five years in the making, this report confirms some of our biggest fears regarding rendition,” said Rep. Nadler.  “Even in its redacted form, it is a deeply disturbing document.  But we’ve finally started to get some answers about how an innocent person was sent overseas to be tortured.  We must consider how we can prevent such tragedies, and we must also ensure that similar investigations are not bottled up by overbroad claims of privilege in the future.”

“This report confirms what we long knew – that high-level appointees at the Justice Department intervened to ensure that Mr. Arar was sent to Syria,” said Delahunt.  “It is long past time for the Bush Administration to admit that it sent an innocent man to face torture and offer to make amends to Mr. Arar.”  

Mr. Arar was stopped by immigration officers in late September 2002 as he was changing planes at JFK airport on his way home to Canada from vacation.  Federal officials detained and interrogated Mr. Arar for nearly two weeks on suspicion that he had ties to al Qaeda and then transferred him to Syria where he was imprisoned and tortured.  Shortly after Mr. Arar was released by Syria without charge, Judiciary Chairman John Conyers, Jr. asked the DHS Inspector General to investigate the matter.

Four years later, in December 2007, the DHS IG issued a secret report, OIG-08-18, entitled “The Removal of a Canadian Citizen to Syria.” In January 2008, Chairman Conyers objected to the lack of publicly available information, reiterated the importance of informing the American public about “extraordinary rendition” – the transfer of terror suspects to countries, like Syria, where they face torture – that has generated a great deal of criticism and concern, and asked DHS to release additional unclassified information.

In its public report, the IG noted that the Immigration and Naturalization Service concluded that it was “more likely than not” that Mr. Arar would be tortured if sent to Syria.  However, on the basis of “ambiguous” assurances, whose validity was not examined, the INS still determined that the U.S. could send Mr. Arar to Syria.  This action may have been in violation of U.S. laws and statutes.  

The report also found that Mr. Arar had “difficulties” obtaining the assistance of his counsel and found “questionable” the actions of American officials in regards to their notification of Mr. Arar’s attorneys.  Additionally, the IG initially assigned to produce the report described the investigation as “unduly protracted and frustrating.”  

In October of last year, Reps. Nadler and Delahunt held a joint hearing on the practice of extraordinary rendition.  At that hearing, lawmakers heard directly from Mr. Arar about his experience.

A copy of the IG report made public today is available on the House Judiciary Committee website at: http://judiciary.house.gov/Media/PDFs/ArarReport080318.pdf