What Maher Arar says about American justice

Events since 9/11 have been confusing, traumatic, divisive, and frightening. It’s hard to peel away the layers of vitriol and animosity to find any clarity.

But the case of Maher Arar is as uncomplicated as it is harrowing.

Here are the facts, which are not in dispute:

In 2002, Arar was kidnapped by the American government from JFK airport in New York City.

Without any form of judicial review, the Canadian citizen was hustled off to Syria, where he was incarcerated in a tiny cell — literally the size of a grave — and tortured for a year.

Everyone now agrees that Mr. Arar was innocent of any involvement in terrorism or any other crime.

The New York Review of Books lays out the entire, sordid affair in their latest edition.

But here’s the insult added to injury.

While the Canadian government has compensated Mr. Arar $10.5 million for their role in the affair, the US has denied him any form of apology or compensation.

The US courts have cited national security in denying him the opportunity to sue American officials.

This from the NYRB:

The seven-judge majority agreed, finding that any adjudication would likely involve classified information, and could not proceed “without inquiry into the perceived need for the [extraordinary rendition] policy, the threats to which it responds, the substance and sources of the intelligence used to formulate it, and the propriety of adopting specific responses to particular threats in light of apparent geopolitical circumstances and our relations with foreign countries.”

This is truly Orwellian. The American government makes a mistake, which leads to the imprisonment and brutal torture of an innocent man.

Then, in denying him his day in court, justices argue that their first priority is to protect the very system which created the injustice.

The Obama administration has in many cases sided with the Bush administration’s handling of national security post 9/11. And the threats to our nation are very real.

But in this case, vigilance has to be balanced with a sense of basic human decency.

If it’s not safe to allow this case to go to trial, then the American government should issue Mr. Arar a formal apology and compensate him generously.