Top Justice Aide Approved Sending Suspect to Syria
By Dana Priest
Washington Post Staff Writer
Wednesday, November 19, 2003; Page A28
A senior Justice Department official personally approved sending a Syrian-born Canadian citizen suspected of terrorist links to Syria last year after consulting with CIA officials, according to U.S. officials.
Then-Deputy Attorney General Larry D. Thompson, in his capacity as acting attorney general, signed the highly unusual order, citing national security and declaring that to send the man, Maher Arar, home to Canada would be "prejudicial to the interests of the United States," according to the officials, who spoke on the condition of anonymity.
Arar, who holds dual Canadian and Syrian citizenship, was en route to Canada, where he lives, from a trip to Tunisia when he was detained on Sept. 26, 2002 by immigration officials at John F. Kennedy International Airport in New York. Arar, who was questioned at the airport because his name appeared on a government watch list, was kept in a New York jail for more than 10 days and then sent to Syria via Jordan.
One U.S. official said yesterday that when apprehended at the airport, Arar had the names of "a large number of known al Qaeda operatives, affiliates or associates" in his wallet or pockets.
While in custody in New York, Arar said, he repeatedly pleaded with U.S. officials not to send him to Syria, a country with a record of torturing prisoners that has been well documented by the State Department, because he believed he would face such treatment.
Arar, who was released last month after an aggressive campaign by Canadian officials to free him, is back in Canada. He has described in graphic detail how he was tortured with cables and electrical cords and kept in a small cell he described as a "grave" during his 10 months in prison.
The U.S. immigration law used to carry out the "expedited removal" of Arar strictly prohibits sending anyone, even on national security grounds, to a country where "it is more likely than not that they will be tortured," said a U.S. official familiar with the law applied in the Arar case.
Justice Department officials would not comment on why Thompson would have signed the order if Arar said he would be tortured in Syria and if U.S. authorities had identified him to the Syrians as an al Qaeda member.
In response to questions, a Justice Department spokesman said "the removal of Mr. Arar was accomplished after interagency consultation and in full compliance with the law and with all relevant international treaties and conventions."
Attorney General John D. Ashcroft is scheduled to meet today with his Canadian counterpart, Solicitor General Wayne Easter. The case has become a political issue in Canada, where opposition parties have accused the government of buckling to U.S. pressure. Prime Minister Jean Chretien last week officially protested Arar's treatment, and Canadian Foreign Minister Bill Graham has asked Secretary of State Colin L. Powell for an explanation.
Imad Moustafa, the charge d'affaires at the Syrian Embassy in Washington, has denied Arar was tortured. But he said Syria had no reason to imprison Arar. He said U.S. intelligence officials told their Syrian counterparts that Arar was an al Qaeda member. Syria agreed to take him as a favor and to win goodwill of the United States, he said.
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