Maher Arar

Maher Arar
Born	1970 Syria
Occupation	Telecommunications engineer
Known for	Extraordinary rendition case, torture victim, legal actions regarding rendition and torture

Maher Arar () (born 1970) is a telecommunications engineer holding both Syrian and Canadian citizenship, residing in Canada since 1987.

In September 2002, while transiting through John F. Kennedy International Airport on his way back to Canada from a vacation in Tunis, Arar was detained. He was held in solitary confinement in the United States for nearly two weeks without formal charges and was denied effective legal counsel. Accused of connections to Al Qaeda, the US government deported him not to Canada but to Syria, where he was imprisoned for close to a year. During this period, a Canadian government-commissioned inquiry found that he was subjected to torture before his release back to Canada. The Syrian authorities subsequently declared Arar "entirely innocent." A Canadian commission exonerated him of any terrorist involvement, and the Canadian government reached an out-of-court settlement, compensating Arar with C$10.5 million and issuing an official apology from Prime Minister Stephen Harper acknowledging Canada's role in the matter. Arar’s experience is frequently referenced as a case of "extraordinary rendition," although the US described it as deportation.

Represented by attorneys from the Center for Constitutional Rights, Arar filed Arar v. Ashcroft in the Eastern District of New York, seeking compensation and a declaration that his constitutional and human rights were violated by US authorities. The Federal District Court dismissed the suit, a decision upheld by the Second Circuit Court of Appeals in 2009, and the Supreme Court of the United States declined to hear the case in 2010.

Early life

Born in Syria in 1970, Maher Arar emigrated with his family to Canada in 1987 to avoid compulsory military service. He acquired Canadian citizenship in 1991.

Arar completed a bachelor’s degree in computer engineering at McGill University and earned a master’s degree in telecommunications from Montreal’s Institut National de la Recherche Scientifique. During his time at McGill, he met Monia Mazigh, whom he married in 1994; Mazigh holds a PhD in finance from McGill. Together, they have two children.

In December 1997, Arar moved from Montreal to Ottawa and designated Abdullah Almalki as his emergency contact. In 1999, he relocated to Boston for employment with MathWorks, which involved frequent travel to the United States. By 2001, he had returned to Ottawa to establish Simcomms Inc., a consulting firm, and was working as a telecommunications engineer at the time of his rendition.

Royal Canadian Mounted Police Project A-O Canada and connection with Arar's rendition

On September 24, 2001, Toronto’s RCMP "O" Division launched Project O Canada, a collaborative security investigation involving RCMP and Ontario police forces focused on national security concerns. The following month, RCMP Inspector Garry Clement initiated Project A-O Canada in Ottawa to assist investigations related to Abdullah Almalki. This project worked closely with the FBI and CIA despite ambiguous protocols regarding intelligence sharing.

Project A-O Canada included members from multiple agencies: RCMP commercial crimes unit, National Security Investigations Branch (NSIS), CSIS, Ottawa Police Service, Gatineau Police Department, Hull Police Department, Ontario Provincial Police, Sûreté du Québec, Canada Border Services Agency, Canada Customs and Revenue Agency, along with legal representatives from the Department of Justice.

After returning to Ottawa, Arar met Almalki on October 12, 2001, at the Mango Café. Both engineers originally from Syria had arrived in Canada within the same year. Their meeting attracted scrutiny from Project A-O Canada. CSIS had been monitoring Almalki since 1998 due to his associations with Ahmed Khadr and concerns regarding his electronics export business; although considered a person of interest, Almalki was not formally targeted. This encounter led authorities to expand their investigation to include Arar.

During testimony at Omar Khadr’s Guantanamo military commission hearing, FBI agent Robert Fuller stated that Khadr identified Arar as an al-Qaeda affiliate who had been observed at a Kabul safehouse. However, Khadr initially denied recognizing Arar and only tentatively acknowledged him after extended interrogation. This identification conflicts with surveillance records placing Arar in North America during that time frame. Khadr’s defense counsel argued that his statements were made under coercion.

Further inconsistencies emerged when RCMP officials had shown Khadr photographs of Arar months before without eliciting identification. Additionally, Khadr declared in an affidavit that Canadian visitors at Guantanamo had shown him various photos including one of Arar during interrogations conducted in 2003.

These conflicting elements underscore difficulties related to intelligence reliability throughout Arar’s case and ensuing rendition process.

Arar's experience

On September 26, 2002, during a layover in New York City while traveling from Tunisia to Montreal, Maher Arar was detained by the United States Immigration and Naturalization Service (INS) following information provided by the RCMP. When facing deportation, Arar requested to be sent back to Canada; nevertheless, he was instead deported to Syria, his country of citizenship, as Syria does not permit renunciation of citizenship. While officials from Canada and the U.S. described this action as deportation, critics referred to it as rendition for torture by proxy due to Syria's well-documented history of mistreatment of detainees.

At that time, Syria was collaborating with the U.S. in the context of the "War on Terror". In 2003, Cofer Black, then serving as U.S. counterterrorism coordinator, acknowledged Syria’s valuable cooperation against al-Qaeda. The George W. Bush administration opposed the "Syria Accountability Act" in 2002, citing effective sanctions and ongoing diplomatic efforts alongside Syria’s assistance in counterterrorism.

Interrogation by US authorities

U.S. officials repeatedly interrogated Arar regarding alleged connections to al-Qaeda and supposed links with Abdullah Almalki, a Syrian-born resident of Ottawa suspected of similar associations. They presented a 1997 rental agreement purportedly co-signed by Almalki, which was later revealed to list him only as an emergency contact. The existence of this Canadian document implied potential Canadian involvement in Arar’s detention.

Although Arar requested legal counsel, these requests were denied on the basis that he was not a U.S. citizen. Despite his denials of any wrongdoing, he remained detained in the United States for two weeks before being transported through Washington, D.C., en route to Amman, Jordan.

Detention in Syria

Upon arrival in Amman, Arar was blindfolded, shackled, and subjected to beatings while being transferred to prison. Under torture, he was coerced into falsely admitting attendance at an al-Qaeda training camp. His cell was a cramped, dark space infested with rats where he endured frequent beatings and solitary confinement for over ten months. Through the prison walls, he could hear other inmates being tortured. The Syrian government shared the findings of its investigation with U.S. authorities.

Arar suspects that U.S. interrogators provided his Syrian captors with specific questions since he was asked identical inquiries in both countries.

During his imprisonment, his wife Monia Mazigh spearheaded a campaign in Canada advocating for his release. In October 2003, Syria released Arar, stating no evidence of terrorist involvement had been found. Syrian officials denied any allegations of torture.

Return to Canada

After spending 374 days in Syrian custody, Arar was freed on October 5, 2003. He reunited with his family and relocated to Kamloops, British Columbia, where his wife Monia took a professorship at Thompson Rivers University. They subsequently moved back to Ottawa. Arar asserted that he had been tortured while in Syria and pursued legal action both in Canada and the U.S., alongside conducting public awareness efforts. In 2010, he earned a PhD in electrical engineering from the University of Ottawa.

Canadian government's reaction

Arar’s rendition prompted extensive media coverage and governmental examination within Canada.

Initial media dispute

The situation escalated when journalist Juliet O'Neill released an article on November 8, 2003, in the Ottawa Citizen, based on leaked documents implying a connection between Arar and al-Qaeda. Subsequently, the RCMP executed a raid on O'Neill's residence under sealed search warrants as part of their investigation into the source of the leaks.

In November 2004, Ontario Superior Court Judge Lynn Ratushny determined that sealing the warrant infringed upon press freedoms and mandated the publication of a redacted version. She later invalidated Section 4 of the Security of Information Act for being unconstitutionally vague, resulting in the return of confiscated materials to O'Neill. Operation Soya was terminated by the RCMP in May 2008 without identifying who was responsible for the false leaks.

Garvie Report

The internal RCMP inquiry, headed by Chief Superintendent Brian Garvie, was released on September 25, 2004. Although censored for public access, the Garvie Report exposed RCMP misconduct concerning the Arar case, notably sharing classified information with US agencies without imposing restrictions on its use. It also suggested that Richard Roy, acting as the RCMP liaison with Foreign Affairs, might have been aware of Arar’s impending transfer to Syria but did not disclose this information. In 2003, Deputy Commissioner Garry Loeppky advocated against government efforts to deny evidence linking Arar to terrorism, despite Arar being described as "a person of great interest."

Arar characterized the report as an initial step toward uncovering the truth and accused government officials of deceiving the public about their involvement in his deportation.

Canadian Commission of Inquiry

On February 5, 2004, the Canadian government established the "Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar" to examine the conduct of Canadian authorities. The United States declined to participate and withheld evidence until January 2007.

On June 14, 2005, then-ambassador Franco Pillarella declared he had no reason to suspect Arar had been mistreated or that Syria routinely engaged in detainee torture—assertions widely contested due to Syria’s well-documented human rights violations.

Public hearings concluded on September 14, 2005, after hearing from 85 witnesses; Arar himself did not testify, and US ambassador Paul Cellucci refused to attend.

On October 27, 2005, Professor Stephen Toope, appointed as fact-finder by the inquiry, reported that Arar was likely subjected to torture in Syria and continued to suffer psychological harm stemming both from his treatment and from participating in the inquiry process.

Commissioner Dennis O'Connor published the final report on September 18, 2006, which fully exonerated Arar and found no evidence connecting him to terrorism or posing a threat to Canadian security. The report determined there was no proof that Canadian officials consented to Arar’s detention and deportation by US authorities but noted that US actions were based on flawed information supplied by Canada. It confirmed that Arar endured torture while in Syria and identified Canadian officials’ conduct as contributing factors leading to his deportation.

An addendum containing previously withheld sections was released on August 9, 2007; portions initially redacted for national security reasons were partially restored following a Federal Court decision in July 2007.

Canadian government's formal apology and compensation

On January 26, 2007, following discussions between Arar’s legal representatives and the Canadian government, Prime Minister Stephen Harper issued an official apology on behalf of Canada. He acknowledged Canada's possible involvement in the circumstances surrounding Arar and his family during 2002 and 2003. Alongside the apology, Harper announced a financial settlement totaling C$10.5 million to compensate Arar for his suffering, with an additional C$1 million allocated to cover legal expenses.

Apology from the RCMP

During a House of Commons committee session on public safety and national security held on September 28, 2006, RCMP Commissioner Giuliano Zaccardelli publicly expressed regret to Arar and his family:

Mr. Arar, I want to publicly convey my sincere apologies to you and your family for any role the RCMP’s actions may have played in the grave injustices you endured and the distress caused.

While Arar welcomed this expression of remorse, he criticized the lack of disciplinary measures against those responsible for his detention and mistreatment. Subsequently, Zaccardelli resigned amid discrepancies found in his testimony related to the incident.

Consequences and ongoing issues

Arar’s case brought unresolved concerns to light in Canada, including the unidentified source behind leaked government documents and a notable absence of accountability within the RCMP hierarchy; some officials implicated even received promotions. The sole official held responsible was Commissioner Zaccardelli, who stepped down after contradictions surfaced in his statements to government authorities.

Initially, certain Conservative figures such as Public Safety Minister Stockwell Day and Prime Minister Harper had branded Arar as a terrorist. Observers argued that the Harper administration’s settlement might have been politically driven to undermine the preceding Liberal government.

Human rights advocate Faisal Kutty pointed out that this settlement did not resolve the broader civil liberties challenges emerging in Canada after 9/11. He stressed that Arar’s experience revealed vulnerabilities to racial and religious profiling under anti-terrorism legislation, underscoring the necessity for due process safeguards to prevent similar violations against Canadian citizens during future emergencies.

Legal actions pursued by Arar

Following his repatriation to Canada, Maher Arar initiated legal proceedings against Syria, Canada, the United States, and Jordan.

Litigation against Syria and Jordan

Arar attempted to bring lawsuits against both Syrian and Jordanian governments within Canadian courts; however, these claims were dismissed due to Canadian courts lacking jurisdiction over those foreign states.

Lawsuit in the United States

In January 2004, Arar filed legal action against then-US Attorney General John Ashcroft concerning his treatment. The Center for Constitutional Rights filed Arar v. Ashcroft on behalf of Arar against Ashcroft, FBI Director Robert Mueller, Secretary of Homeland Security Tom Ridge, along with several US immigration officials. The complaint alleged violations of constitutional due process rights through unlawful detention without legal counsel access and infringements under the Torture Victims Protection Act as well as international law.

The lawsuit contended that US officials negligently deported Arar to Syria where he was subjected to torture, thereby breaching protections guaranteed by the Fifth Amendment and international statutes. It sought both compensatory and punitive damages alongside a declaration condemning US government conduct as unlawful. This case was filed in the United States District Court for the Eastern District of New York.

In 2005, the US government invoked the seldom-used "State Secrets Privilege," asserting that continuing with the case would endanger national security by revealing sensitive details about decisions related to Arar’s removal.

On February 16, 2006, Judge David Trager dismissed Arar’s lawsuit citing national security concerns. The Center for Constitutional Rights appealed this decision; however, the Second Circuit Court upheld the dismissal.

In August 2008, an en banc rehearing was granted by the Second Circuit. Oral arguments took place in December 2008, but on November 2, 2009, by a 7-4 majority vote, the court again affirmed dismissal. Chief Judge Dennis Jacobs highlighted that any civil remedy addressing extraordinary rendition must be legislated by Congress.

Following this ruling, Arar criticized the judgment as indicative of judicial deference to executive overreach and considered it a setback for adherence to rule of law principles.

The Center for Constitutional Rights petitioned the US Supreme Court in February 2010 seeking review, but the Court declined to hear the case.

US government reaction

Throughout the Bush administration, the United States maintained that Arar's transfer to Syria was lawful and within its jurisdiction. The government has not officially admitted that Arar endured torture while in Syrian custody.

Response from former US Attorney General Gonzales regarding the Arar investigation

On September 19, 2006, then-US Attorney General Alberto Gonzales rejected any allegations of US misconduct in Arar's rendition to Syria. Speaking at a press briefing, Gonzales declared:

On the following day, September 20, 2006, Charles Miller, spokesperson for the Department of Justice, clarified that Gonzales’s remarks highlighted that deportations are currently overseen by the Department of Homeland Security rather than the Department of Justice.

Watchlist controversy

Even after the inquiry cleared Arar of wrongdoing, the United States has declined to remove him from its security watchlist. In January 2007, Stockwell Day reviewed the case files and concluded that maintaining the ban was unwarranted. The US reportedly keeps Arar on the watchlist due to concerns related to "his personal connections and travel background."

Following Day’s intervention, US Ambassador to Canada David Wilkins criticized Canada for questioning American decisions regarding entry restrictions. Nonetheless, Prime Minister Stephen Harper committed to persistently advocating for Arar with the US government, affirming Canada’s responsibility to protect its citizens from unjust treatment.

On October 20, 2007, The Globe and Mail disclosed classified US documents outlining the rationale for Arar’s inclusion on the watchlist: a convicted immigration fraudster and self-proclaimed mujahedeen instructor claimed to have encountered Arar in Afghanistan during the early 1990s. However, this informant, Mohamed Kamal Elzahabi, faced FBI charges for providing false statements, undermining his reliability. Even if accurate, their interaction appeared to be brief.

US congressional hearings and testimonies

In the United States, Senator Patrick Leahy, who chaired the Senate Judiciary Committee, threatened comprehensive hearings into Arar’s case. He condemned the decision to send Arar to Syria instead of Canada as "absurd and outrageous," labeling it "a stain" on America's reputation. Leahy underscored that transferring Arar to Syria—where torture was probable—was beneath US standards.

Former Attorney General Alberto Gonzales asserted that the US obtained assurances from Syria that Arar would not face torture; Leahy rejected this claim by pointing out America’s limited diplomatic relations with countries like Syria, which remains designated as a state sponsor of terrorism.

On October 18, 2007, Arar provided testimony via video conference before House subcommittees investigating rendition policies. He recounted his experience and called for safeguards to prevent similar incidents. Several members of Congress expressed regret over government actions: Massachusetts Democrat Bill Delahunt issued a personal apology; California Republican Dana Rohrabacher defended rendition as necessary for protecting American citizens; Michigan Democrat John Conyers challenged rendition practices and demanded accountability from administration officials.

Secretary of State Condoleezza Rice acknowledged on October 24, 2007, that communication between the US and Canada regarding Arar’s case had been mishandled and promised corrective measures.

A joint hearing held on June 5, 2008, examined the Department of Homeland Security Inspector General’s report concerning Arar’s removal to Syria. This inquiry was reopened after new classified evidence emerged. The redacted DHS report along with its 2010 supplement revealed minimal involvement by the State Department in making removal decisions. The choice was primarily driven by concerns that returning Arar to Canada posed a security threat due to porous border controls.

On June 10, 2008, a hearing addressed diplomatic assurances connected to rendition cases. Representative Delahunt referenced Arar’s situation while questioning the credibility of Syrian guarantees. Legal advisor John B. Bellinger III provided testimony reflecting State Department views; his office reportedly had no knowledge of participation in Arar's removal process.

In a letter dated June 10, Representatives Conyers, Nadler, and Delahunt requested appointment of a special counsel to investigate potential federal law violations related to Arar’s transfer. Attorney General Michael Mukasey declined this request but offered classified briefings concerning Syrian assurances—a briefing Delahunt refused due to concerns about transparency. Mukasey defended sending Arar to Syria as safer than returning him to Canada based on those assurances and perceived risks to US security.

Controversy Surrounding Canadian Participation in Arar's Rendition

Following Arar's release, debates continued regarding his treatment by US authorities and the involvement of Canadian law enforcement and government officials in his transfer and interrogation. The United States asserted that the RCMP had supplied a list of individuals deemed suspicious, which included Arar. Although Canadian consular staff were aware that Arar was detained by US officials, they did not anticipate his deportation. The Canadian government insists that the decision to send Arar to Syria was made exclusively by American authorities.

Reports indicate that Canadian officials informed their US counterparts that Arar was no longer residing in Canada. According to The New York Times, in July 2002, the RCMP discovered that Arar and his family were in Tunisia and mistakenly assumed they had permanently left Canada.

During a summit held in Monterrey, Mexico, on January 13, 2004, Canadian Prime Minister Paul Martin and US President George W. Bush reached an agreement—known as the Monterrey Accord—that the US would notify Canada prior to deporting Canadian citizens to third countries. However, Stephen Yale-Loehr, an immigration law specialist at Cornell University, characterized this accord as ineffective and lacking legal enforceability.

In 2007, investigations uncovered a memo from CSIS director Jack Hooper revealing that the US intended to transfer Arar to Jordan for interrogation. This marked the first confirmation that CSIS was aware a Canadian citizen faced torture at the request of US authorities. A year later, Hooper advised Canada's Department of Foreign Affairs that pressing for Arar’s repatriation was not aligned with Canada’s interests.

In September 2008, Giuliano Zaccardelli, former RCMP commissioner then working with Interpol, criticized the White House for disregarding established protocols after 9/11 and stated that the RCMP expected Arar to be returned from New York. US officials reportedly inquired whether Canada could detain Arar upon his arrival; the RCMP consistently responded negatively. Zaccardelli also mentioned that surveillance teams were present when Arar’s flight landed in Montreal but noted that Arar never exited the aircraft.

Canada's Official Protest to the United States

On October 6, 2006, Prime Minister Stephen Harper communicated to President George W. Bush Canada’s intention to formally protest the US treatment of Maher Arar. Subsequently, Canadian Foreign Minister Peter MacKay sent a letter to US Secretary of State Condoleezza Rice. Harper underscored Canada's demand for transparency about the events, acknowledgment of shortcomings, and guarantees that similar occurrences would be prevented in future collaborations with Canadian authorities.

Statements from the United States Embassy

On December 22, 2005, Robert H. Tuttle, then US Ambassador to the United Kingdom, told the BBC there was no proof of rendition operations conducted in Syria and reiterated Secretary Rice’s opposition to torture. The following day, a spokeswoman for the US embassy recognized media reports concerning a rendition to Syria but stated that the US could not comment on specific intelligence allegations circulating in the press.

The Obama Administration's Reaction to the Arar Case

The Obama administration offered limited public remarks regarding Maher Arar. Homeland Security Secretary Janet Napolitano declared that after reviewing his case, Arar’s status concerning admission into the United States "should not now be changed," expressing confidence in Canada's conclusions without altering his classification. Additionally, effective October 1, 2009, the administration revised its criteria for invoking the state secrets privilege—a legal tool employed by government attorneys in Arar’s ongoing lawsuit. The effect of this policy adjustment on Arar’s litigation remains uncertain.

Awards and recognition

In 2004, Time magazine honored Arar as the Canadian Newsmaker of the Year. On October 18, 2006, Arar and the Center for Constitutional Rights were jointly awarded the Institute for Policy Studies's Letelier-Moffitt Human Rights Award, acknowledging their work to restore his reputation and expose human rights violations by the United States in its counterterrorism efforts. Both Arar and Sergeant Patrick Tower were acknowledged as co-Nation Builders in The Globe and Mail’s 2006 feature. In April 2007, Time magazine included Arar in its TIME 100 list, ranking him No. 58 within the Heroes & Pioneers category; US Senator Patrick Leahy cited Arar’s case as a warning against compromising fundamental values for security purposes. Despite this recognition, the US government barred Arar from entering the country to attend the event.

In 2011, Arar publicly supported the Canadian vessel participating in the Freedom Flotilla II to Gaza, which sought to challenge the ongoing Israeli blockade imposed on the Gaza Strip.

Literary references

Maher Arar's story has been mentioned in multiple publications. Former US President Jimmy Carter sympathetically addresses Arar in his bestselling 2005 work, Our Endangered Values: America's Moral Crisis. The 2006 book Static, authored by Amy Goodman, host of Democracy Now!, and her brother David Goodman, includes discussion of Arar's experience. Dark Days: The Story of Four Canadians Tortured in the Name of Fighting Terror by Kerry Pither explores Canadian security agencies’ investigations into Abdullah Almalki, Ahmad El Maati, Muayyed Nureddin, and Maher Arar, featuring a foreword written by Arar himself. Additionally, Jane Mayer’s The Dark Side: The Inside Story of How The War on Terror Turned into a War on American Ideals also examines aspects of his case.

Monia Mazigh’s 2008 book, Hope & Despair. My Struggle to Free My Husband, Maher Arar, chronicles her campaign to secure her husband's release.

Portrayal in fiction

The film Rendition draws loose inspiration from Arar's experiences. Similarly, the British movie Extraordinary Rendition, directed by Jim Threapleton, was influenced by his story. Arar provided consultation to actor Omar Berdouni, who portrayed Zaafir—the central character subjected to CIA extraordinary rendition—in that film.

PRISM magazine

Maher Arar launched the digital publication PRISM in January 2010, dedicated to comprehensive analysis and reporting on national security matters. Among its contributors was Gar Pardy, former head of Canadian Consular Services who testified during the Arar Inquiry. On January 8, 2013, Arar announced that PRISM would cease operations.

Advocacy for US responsibility

Numerous human rights groups have campaigned for accountability from the United States regarding Arar’s rendition and alleged torture. Leading this effort is Amnesty International USA, which spearheads the "I Apologize" initiative demanding an official apology from the US government, compensation for harm caused by his detention and transfer to Syria, and full responsibility for associated human rights abuses. The campaign features an online petition addressed to President Obama and Congress, symbolic paper airplane petitions delivered to Obama in 2012, and various public outreach activities.

In July 2011, Human Rights Watch published a report detailing abuses committed by Bush administration officials related to cases including Arar’s rendition. The report calls for criminal probes into US detention and interrogation practices following 9/11 and urges compliance with obligations under the Convention against Torture to ensure remedies for victims.

Additional organizations advocating for US accountability include the Campaign for Liberty, Center for Constitutional Rights, September Eleventh Families for Peaceful Tomorrows, Alliance for Justice, Appeal for Justice, Bill of Rights Defense Committee, Center for Justice and Accountability, Center for Victims of Torture, Human Rights Advocates, and the International Justice Network.

Reflections a Decade After 9/11

As the tenth anniversary of the September 11, 2001 events neared, renewed attention was given to Maher Arar's case. In an interview with the Globe and Mail, Sonia Verma questioned former Homeland Security Secretary Tom Ridge regarding the US government's approach toward American Muslims, highlighting Arar’s deportation and the subsequent allegations of torture he faced.

External links

• Official website of Maher Arar (archived 2010)
• Arar Commission official webpage (archived)
• Legal documents in Maher Arar’s lawsuit against John Ashcroft provided by the Center for Constitutional Rights