Experts Predict Slew of Torture Suits

Last week, the Second Circuit Court of Appeals announced that its full court would reconsider the disturbing case of Maher Arar, a Syrian-born Canadian citizen arrested by U.S. authorities at JFK airport in 2002 and forcibly extradited to Syria for interrogation. As U.S. officials surely expected, Arar was questioned under torture for the next year in a Syrian prison. He was eventually released without charge.

One of the first known victims of the Bush administration’s secret “extraordinary rendition” policy, Arar sued U.S. authorities in 2004 for conspiring in his torture. A three-judge panel dismissed the case in January, saying that as an alien deported by immigration authorities, he had no right to bring a claim. But as more such cases are being filed, it appears the courts are beginning to reconsider. The entire Second Circuit court — all 22 judges — last week announced sua sponte that it would take a second look at Arar’s case. Meanwhile, similar cases filed by former detainees apparently tortured under the direction of U.S. officials could be headed to the Supreme Court.