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Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

Four men, Mohamad Kamal Elzahabi, Nabil al-Marabh, Raed Hijazi, and Bassam Kanj, meet each other in an Afghanistan training camp. All four of them take part in fighting against the Soviets. This is according to testimony by Elzahabi in 2004 (see April 16, 2004-June 25, 2004). Elzahabi will claim that while there, he met Abu Musab al-Zarqawi, later famous for allegedly attacking US soldiers in Iraq, and al-Qaeda leaders Abu Zubaida and Khalid Shaikh Mohammed. This appears to be the genesis of a Boston al-Qaeda sleeper cell that will play vital roles in 9/11 and other al-Qaeda plots. The four men go their separate ways in subsequent years, but by 1998 all of them will be working as taxi drivers in Boston (see June 1995-Early 1999). [Boston Globe, 6/27/2004]

Entity Tags: Raed Hijazi, Nabil al-Marabh, Khalid Shaikh Mohammed, Mohamad Kamal Elzahabi, Abu Zubaida, Bassam Kanj, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US Senate ratifies the international Convention Against Torture, originally proposed by the United Nations in 1985. The treaty bans any officials from signatory nations from inflicting “torture and other cruel, inhuman, or degrading treatment or punishment” on prisoners in order to gain information. It also establishes the UN Committee against Torture (UNCAT). The ban is absolute and cannot be waived: “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification of torture.” [United Nations High Commissioner for Human Rights, 12/10/1984; Savage, 2007, pp. 155] The treaty also forbids signatory nations from sending detainees to other countries if there is a reasonable expectation that they may be tortured. [United Nations High Commissioner for Human Rights, 12/10/1984; Human Rights Web, 1/25/1997]

Entity Tags: United Nations Committee against Torture, Convention Against Torture, United Nations

Timeline Tags: Civil Liberties

Nabil al-Marabh returned to Canada from Afghanistan in February 1994 using a fraudulent Saudi Arabian passport. But his request for asylum was eventually denied. He then enters the US in June 1995 and applies for asylum there. That too is denied, and he is ordered deported in 1997. But the order is not enforced and he continues to live in the US and Canada illegally until 9/11. [Canadian Broadcasting Corporation, 10/22/2001; Knight Ridder, 5/23/2003] Al-Marabh moves to Boston and gets a job as a taxi driver. He had known al-Qaeda operatives Bassam Kanj, Mohamad Kamal Elzahabi, and Raed Hijazi in training camps in Afghanistan (see Late 1980s; 1989-1994), and this group of four regathers in Boston. Kanj has been there since 1995, driving taxis at the same company that hires al-Marabh. Elzahabi moves to Boston from New York City in 1997 and also gets a job at this same taxi company. There are conflicting accounts as to who brings Raed Hijazi to Boston and why he goes there, but by the beginning of 1998 he is also working for this taxi company. [Boston Globe, 2/5/2001; New York Times, 9/18/2001; New York Times, 10/14/2001; Washington Post, 9/4/2002] Al-Marabh and Hijazi are roommates for at least two months. While they work together driving taxis, Hijazi is saving his earnings to spend on bomb plots and is working on an al-Qaeda plot to attack a US warship. That plot will develop into the attack on the USS Cole in 2000. [ABC News 7 (Chicago), 1/31/2002; Washington Post, 9/4/2002] Around the end of 1998, Kanj and Hijazi leave Boston to work on al-Qaeda plots overseas while Elzahabi leaves in 1999 to fight as a sniper in Chechnya. Al-Marabh will also leave, moving to Florida in early 1999 (see February 1999-February 2000), but he periodically returns to his Boston residence for some time, as his wife and son continue to live there. These four men will continue to help each other in various al-Qaeda plots. [Boston Globe, 2/5/2001; Boston Globe, 6/26/2004] Apparently, al-Qaeda recruiter Kamal Derwish also works at the same Boston taxi company, though the timing is not clear. He trained in Afghanistan in 1992, a time when al-Marabh was also there. He will be killed by a US missile strike in November 2002 (see November 3, 2002). [Christian Science Monitor, 5/23/2003] Even though the Boston FBI is aware long before 9/11 that at least four of the men are connected to al-Qaeda (see January 2001), the FBI will officially deny the possibility of any al-Qaeda cell in Boston until 2004 (see June 27, 2004).

Entity Tags: Bassam Kanj, Al-Qaeda, Nabil al-Marabh, Mohamad Kamal Elzahabi, Kamal Derwish, Raed Hijazi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In 1997, Canadian intelligence begins investigating Abdullah Almalki, a Canadian exporter originally from Syria. Almalki is working with Mohamad Kamal Elzahabi and Abdelrahman Elzahabi, who are brothers and business partners, to send electronic equipment to Pakistan. Around 1995, the three of them sent large numbers of portable field radios to Pakistan. Apparently, some of them are used by Taliban and al-Qaeda forces (the US will later recover many field radios of the same make and model in Afghanistan after 9/11). However, there is no law against exporting the radios, and investigators are unable to prove any crime was committed. Abdelrahman is working in New York City as a mechanic while Mohamad Kamal is working in Boston as a taxi driver. Three other taxi drivers at the same company are al-Qaeda operatives who knew each other and Mohamad Kamal in Afghanistan (see Late 1980s and June 1995-Early 1999), and he will later admit to being a sniper instructor at the Khaldan training camp in Afghanistan in the early 1990s. The FBI in Boston begins investigating him in 1999, but fails to prove he is a terrorist. They lose track of him when he leaves the US later that year to fight the Russians in Chechnya. The FBI later discovers him driving trucks in Minnesota and arrests him for lying to federal agents about his knowledge of the field radios (see Mid-August 2001). [Globe and Mail, 3/17/2007] It seems probable that the investigation of Mohamad Kamal Elzahabi strengthens suspicions about a Boston al-Qaeda cell. One of his associates at the taxi company, Raed Hijazi, works as an FBI informant starting in 1997 (see Early 1997-Late 1998]), and another, Nabil al-Marabh, is questioned by the FBI in 1999 (see April 1999-August 1999). Almalki is later arrested in Syria while visiting relatives there and severely tortured before eventually being released and returned to Canada (see September 19 or 20, 2003).

Entity Tags: Raed Hijazi, Mohamad Kamal Elzahabi, Nabil al-Marabh, Abdullah Almalki, Abdelrahman Elzahabi, Khaldan training camp

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Nabil al-Marabh will claim in a 2002 statement that in May 1999, the FBI approaches him in Boston, looking for Raed Hijazi. Al-Marabh will say he lied and said he did not know Hijazi, even though he knew him well. Hijazi apparently has not been involved in any violent crime yet, but will participate in a failed attempt to bomb a hotel in Jordan (see November 30, 1999) and will help plan the USS Cole bombing in October 2000 (see October 12, 2000). [Washington Post, 9/4/2002] In August 1999 FBI agents again visit al-Marabh’s Boston apartment to ask him about another man. Al-Marabh’s wife will later recall that the first name of this man is Ahmed. [New York Times, 10/14/2001] He is from Jordan and had lived in their apartment for two months. [New York Times, 9/21/2001] Around the same time, the Boston FBI is looking for another associate of al-Marabh’s, Mohamad Kamal Elzahabi (see 1997 and 1999). They work at the same taxi company and fought together in Afghanistan.

Entity Tags: Nabil al-Marabh, Federal Bureau of Investigation, Raed Hijazi, Mohamad Kamal Elzahabi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bassam Kanj.
Bassam Kanj. [Source: FBI]Bassam Kanj is killed in a battle in Lebanon. Kanj lived on and off in Boston for nearly 15 years, and was a friend of al-Qaeda operatives Nabil al-Marabh, Raed Hijazi, and Mohamad Kamal Elzahabi. All four of them fought together in Afghanistan in the late 1980s (see Late 1980s), then worked at the same Boston taxi company in the 1990s (see June 1995-Early 1999). In late 1998, Kanj left Boston for Lebanon where he apparently recruited a couple hundred people to take part in a rebellion to overthrow the Lebanese government. He is killed during a five day battle, along with 21 others. Two days after the battle, a Lebanese newspaper identifies him as an al-Qaeda operative who had received financial support from bin Laden. This leads to a renewed focus on him in the US. In February 2001, the Boston Globe will report, “The FBI is continuing to look at Kanj’s and Hijazi’s activities in the Boston area in hopes of learning more about their contacts inside bin Laden’s far-flung organization.” Michael Rolince, chief of international terrorism operations for the FBI, will tell the Globe that both men had a “higher station” than most in al-Qaeda, and will add, “We are still trying to sort out who played what role.” [Boston Globe, 2/5/2001] Presumably, this leads the FBI to take another look at Nabil al-Marabh, who had been roommates with both Hijazi and Kanj and is already wanted for a variety of al-Qaeda contacts. An individual matching al-Marabh’s description is even mentioned in a prominent New York Times story about al-Qaeda in January 2001. The article states, “In early 1997, Hijazi moved to Boston, where he had a friend from his years in Afghanistan.” [New York Times, 1/15/2001] Yet apparently there is no concerted effort to find al-Marabh, who will even be set free after being arrested trying to illegally enter the US (see June 27, 2001-July 11, 2001). The Boston FBI began investigating Elzahabi for militant ties in 1999, but lost track of him when he went to fight in Chechnya (see 1997 and 1999). But apparently he is not detected reentering the US shortly before 9/11 (see Mid-August 2001).

Entity Tags: Mohamad Kamal Elzahabi, Nabil al-Marabh, Federal Bureau of Investigation, Bassam Kanj, Michael Rolince, Raed Hijazi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mohamad Kamal Elzahabi moves to Minneapolis, Minnesota. Elzahabi has a long association with al-Qaeda, and has just returned from Chechnya where he fought as a sniper (see April 16, 2004-June 25, 2004). His “name was known to the FBI well before the Sept. 11 attacks, according to law enforcement officials who declined to be identified. He also was on a list of possible or suspected terrorists” circulated to foreign airlines and banks shortly after 9/11. [Fox News, 6/26/2004; Star-Tribune (Minneapolis), 6/30/2004] In fact, Canadian intelligence began investigating him for suspected militant ties in 1997, and the Boston FBI began investigating him in 1999, but lost track of him when he left the US later that year (see 1997 and 1999). He was connected to al-Qaeda operatives Raed Hijazi, Nabil al-Marabh, and Bassam Kanj. He worked as a Boston taxi driver with them (see June 1995-Early 1999), and also fought with them in Afghanistan (see Late 1980s). Fox News will later note that Elzahabi has a “potential link to Zacarias Moussaoui” since Moussaoui moved to Minneapolis in early August 2001 and is arrested on August 15, but no firm connection between the two has been shown. It has not been reported exactly when Elzahabi arrives in Minneapolis, but he applies for a commercial driver’s license on August 23, 2001. He is fingerprinted for a criminal background check at that time, which presumably would alert the FBI that he is living in Minneapolis if they do not know already. But it is not known if Minneapolis FBI agents, desperately trying to get a warrant for Moussaoui, are told about Elzahabi before 9/11. In January 2002, the FBI will run his name through a database. Despite the FBI’s knowledge of his al-Qaeda ties, he is cleared to get the license. This allows him to haul hazardous materials. His friend and al-Qaeda operative Nabil al-Marabh received a similar license the year before (see August 2000-January 2001). Elzahabi will apply for a license allowing him to carry general freight in September 2003 and he will get insurance clearance to start work in April 2004. However, he will be arrested by FBI that same month (see April 16, 2004-June 25, 2004). [Fox News, 6/26/2004; Star-Tribune (Minneapolis), 6/30/2004]

Entity Tags: Mohamad Kamal Elzahabi, Nabil al-Marabh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Maher Arar.Maher Arar. [Source: Chris Wattie / Reuters]On his way home to Montreal, Maher Arar, a 34-year old IT specialist, makes a stopover at JFK International Airport in New York. He is returning alone from a family holiday with his wife and daughter in Tunisia. At the airport, Arar, who was born in Syria and has dual Syrian and Canadian citizenship, is arrested by officers wearing badges from the FBI and the New York Police Department. Arar happens to be on a terrorist watch list. A US official later says Arar has the names of “a large number of known al-Qaeda operatives, affiliates or associates” on him. [Washington Post, 11/19/2003] Canadian Solicitor General Wayne Easter later admits that Canada contributed information that led to Arar’s arrest. [Washington Post, 11/20/2003] In an interrogation room Arar asks for an attorney, but, as he later publishes on his website, is told he has no right to a lawyer because he is not an American citizen. Subsequent requests for a lawyer are ignored and the interrogation continues until midnight. His interrogators are particularly interested in another Canadian by the name of Abdullah Almalki. Arar says he has worked together with his brother, Nazih Almalki, but knows Abdullah only casually. Then, with his hands and feet in shackles, he is taken to a nearby building and put in a cell around 1 a.m. “I could not sleep,” Arar later writes. “I was very, very scared and disoriented.” [Amnesty International, 8/19/2003; CounterPunch, 11/6/2003; CBS News, 1/22/2004; Washington Post, 5/11/2004; CBC News, 11/26/2004; Maher Arar, 1/15/2005]

Entity Tags: Federal Bureau of Investigation, Abdullah Almalki, Wayne Easter, Al-Qaeda, Maher Arar

Timeline Tags: Torture of US Captives

FBI agent Robert Fuller interrogates Canadian citizen Omar Khadr at Bagram Air Base in Afghanistan. Fuller is an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001), while Khadr is a minor accused of throwing a hand grenade that killed a US soldier in Afghanistan. The interrogation lasts from October 7 to October 22. On the first day, Fuller shows Khadr a black-and-white photograph provided by the FBI in Massachusetts of Maher Arar, a Canadian terror suspect the US has been holding in New York (see September 26, 2002). Fuller will later say that Khadr identifies Arar as someone he has seen in a safe house run by al-Qaeda in Afghanistan and that he also “may have” seen Arar at a terror training camp near Kabul. However, at the time Khadr says he saw Arar in Afghanistan—September and October 2001—Arar was first in the US and then in Canada under surveillance by the local authorities, according to Walter Ruiz, a lawyer who will later represent Khadr. Ruiz will also point out that it takes Khadr several minutes to identify Arar. Another of Khadr’s lawyers, Lieutenant Commander Bill Kuebler, will say that Khadr repeatedly lies to his interrogators to avoid being abused. Deputy Attorney General Larry Thompson decides that Arar will be deported to Syria on this day (see October 7, 2002), and the deportation is soon carried out (see October 8, 2002). However, it is unclear whether Thompson’s decision is motivated by Fuller’s interrogation of Khadr or other factors. [CBC News, 1/20/2009; Canwest News Service, 1/20/2009] Fuller will testify about the identification at a Guantanamo hearing (see January 19, 2009), but facts calling it into question will emerge under cross-examination (see January 20, 2009).

Entity Tags: Robert Fuller, Federal Bureau of Investigation, Maher Arar, Walter Ruiz, Omar Khadr, William Kuebler

Timeline Tags: Torture of US Captives

At 3 o’clock in the morning, Maher Arar is woken up in his cell in New York and taken to another room where he is stripped, searched, shackled, and chained. Two officials read him a decision by the director of the INS, saying that he will be deported to Syria and, as Arar recalls it, “that INS was not the body that deals with Geneva Convention regarding torture.” There is no such convention, but this is probably a reference to the Convention Against Torture (CAT—see October 21, 1994). However, Article 3 of the CAT states: “No State Party shall expel… a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” In addition, the US immigration law cited to justify Arar’s deportation prohibits sending individuals to a country where “it is more likely than not that they will be tortured.” A Justice Department spokesman nevertheless maintains that “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.” [Washington Post, 11/19/2003] On that early morning of October 8, Arar is put on a small jet. After a landing in Washington, a “special removal unit,” a term Arar overheard, boards the plane and is at this point in custody of the CIA. [Washington Post, 11/12/2003; Washington Post, 5/11/2004] “They said Syria was refusing to take me directly,” Arar will later recall, “and I would have to fly to Jordan.” Torture is again his prime thought. “At that time I was thinking of what would happen once I arrived in Syria and how am I to avoid torture.” Via Portland, Maine, and Rome, the jet lands in Amman, Jordan, where six or seven Jordanians are waiting for him. Without a word being spoken Arar is handed over. Blindfolded and chained, he is put in a van, and “right away,… they started beating me,” Arar recalls. Half an hour later inside a building, he is subjected to more questioning. [CBC News, 11/26/2004]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

The day following Maher Arar’s handover by the CIA to Jordanian authorities (see October 8, 2002), the overland journey to Syria resumes in various cars and again Arar is beaten. In the evening, Arar arrives at the so-called “Palestinian branch” of Syrian military intelligence. Interrogation begins. “I was very, very scared,” Arar will later recall. There is a metal chair in the corner, and each time Arar does not answer quickly enough, a Syrian colonel points at the chair and asks, “Do you want me to use this?” Arar later learns it is used for torture. Four hours later, he is taken to a cell in the basement. “It was like a grave,” Arar says. “It had no light. It was three feet wide. It was six feet deep. It was seven feet high.… There was a small opening in the ceiling, about one foot by two feet with iron bars. Over that was another ceiling, so only a little light came through this. There were cats and rats up there, and from time to time the cats peed through the opening into the cell. There were two blankets, two dishes, and two bottles. One bottle was for water and the other one was used for urinating during the night. Nothing else. No light. I spent ten months and ten days inside that grave.” [CBC News, 11/26/2004]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

A day after his arrival at the “Palestinian Branch” prison in Syria (see October 9, 2002), Maher Arar’s captors begin torturing him. He will later claim, “The beating started… and was very intense for a week, and then less intense for another week. That second and the third days were the worst. I could hear other prisoners being tortured, and screaming and screaming. Interrogations are carried out in different rooms.” Only on this day, two days after his removal, is Canada officially informed of Arar’s deportation from the US. [CBC News, 11/26/2004] A few days later, Arar’s wife, Monia Mazigh, relays her concerns about his fate. “I don’t know even if he’s dead, alive, tortured, punished, anything,” she says. [CBC News, 10/16/2002] The next two days, his torturers use a two-inch thick black electrical cable to beat him all over his body, but mostly on his hands and wrists. They also threaten him with “the chair,” electric shocks and, while constrained inside a tire, with beatings on the sole of his feet. Another tactic is to scare him by putting him in a waiting room where he is forced to listen to the screams of other prisoners being tortured. On the third day, the interrogation round lasts about 18 hours. “They kept beating me so I had to falsely confess and told them I did go to Afghanistan. I was ready to confess to anything if it would stop the torture. They wanted me to say I went to a training camp. I was so scared I urinated on myself twice. The beating was less severe each of the following days. At the end of each day, they would always say, ‘Tomorrow will be harder for you.’ So each night, I could not sleep—I did not sleep for the first four days, and slept no more than two hours a day for about two months.” Interrogations and torture end around October 20, three days before Arar receives a visit from the Canadian consulate. With the colonel and three other Syrian officials present, Arar does not dare talk about his experiences. After the visit, he is required to sign a document, the contents of which are unknown to him, and on another document he is forced to write that he has been to Afghanistan. All in all, Arar receives seven consular visits and one from members of the Canadian parliament. He is never in the position, however, to tell his visitors about the torture and his grave-like cell. For six months he does not see any sunlight, except for during the interrogations and visits. He loses 40 pounds. “I had moments I wanted to kill myself. I was like a dead person.” [Washington Post, 11/12/2003]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

In the Syrian “Palestine Branch” prison, Maher Arar is instructed by an interrogator to write a statement admitting that he went to a training camp in Afghanistan and sign it. He does so only after being kicked. After more than 10 months in solitary confinement (see October 9, 2002), Arar is let out of his grave-like cell. He is then transferred, first to the “Investigation Branch,” and then to Sednaya prison. “I was very lucky,” he says, “that I was not tortured when I arrived there. All the other prisoners were tortured when they arrived.” [CBC News, 11/26/2004]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

Abdullah Almalki.Abdullah Almalki. [Source: Tom Hanson / Canadian Press]A month after his transfer to the Sednaya prison in Syria (see August 19, 2003), Maher Arar meets another prisoner he recognizes as Abdullah Almalki, the man he was questioned about a year before (see September 26, 2002) in New York. “His head was shaved, and he was very, very thin and pale. He was very weak.” Almalki is in far worse shape than Arar. “He told me he had also been at the Palestine Branch, and that he had also been in a grave like I had been except he had been in it longer. He told me he had been severely tortured with the tire, and the cable. He was also hanged upside down. He was tortured much worse than me. He had also been tortured when he was brought to Sednaya, so that was only two weeks before.” [CBC News, 11/26/2004]

Entity Tags: Maher Arar, Abdullah Almalki

Timeline Tags: Torture of US Captives

Maher Arar is taken back to the Palestine Branch prison in Damascus. This time, however, he is not put in a grave-like cell. Instead, he is sent to a waiting room located adjacent to a torture room. “I could hear the prisoners being tortured, and screaming, again,” he later recalls. He is kept there for a week. [CBC News, 11/26/2004]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

Maher Arar is brought to court and told that he will be released if he signs a document, the contents of which he is not permitted to see. After signing, he is returned to the Palestinian Branch where he meets with officials from the Canadian embassy and the head of the Syrian military intelligence. He is then finally released. The next day, Arar arrives in Montreal. Canadian Foreign Minister Bill Graham credits “quiet Canadian diplomacy” for his release. [CBC News, 11/26/2004]

Entity Tags: Bill Graham, Maher Arar

Timeline Tags: Torture of US Captives

Following his release from prison in Syria (see October 5, 2003), former terror suspect Maher Arar issues a statement distancing himself from al-Qaeda. “I am not a terrorist. I am not a member of al-Qaeda and I do not know any one who belongs to this group,” Arar says. “All I know about al-Qaeda is what I have seen in the media. I have never been to Afghanistan. I have never been anywhere near Afghanistan and I do not have any desire to ever go to Afghanistan.” [Canwest News Service, 1/20/2009]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

Former CIA manager Michael Scheuer, who ran the agency’s “rendition” program that sent suspected terrorists to foreign nations to be interrogated for information in the late 1990s (see Summer 1995 and 1997), says during a House Foreign Affairs Committee hearing that the assurances of Arab nations such as Egypt and Syria that a suspect will not be tortured are not “worth a bucket of warm spit.” Scheuer tells the assembled lawmakers that he knows of at least three mistakes that the CIA has made in its overseas rendition program, including the capture and subsequent torture of Canadian citizen Maher Arar (see September 26, 2002 and October 10, 2002-October 20, 2002). [Savage, 2007, pp. 149-150; US Congress, 4/17/2007 pdf file]

Entity Tags: Central Intelligence Agency, Alec Station, Maher Arar, Michael Scheuer, House Foreign Affairs Committee

Timeline Tags: Torture of US Captives

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