(DOWNLOAD) "International Law - Prohibition on Refoulement - Remedies - Maher Arar V. John Ashcroft." by Suffolk Transnational Law Review ~ eBook PDF Kindle ePub Free
eBook details
- Title: International Law - Prohibition on Refoulement - Remedies - Maher Arar V. John Ashcroft.
- Author : Suffolk Transnational Law Review
- Release Date : January 22, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 276 KB
Description
The prohibition on refoulement is a fundamental human right enshrined in both customary international law and treaty law. (1) In Arar v. Ashcroft, (2) the Court of Appeals for the Second Circuit considered plaintiff Maher Arar's claim for, inter alia, damages under the Torture Victims Prevention Act (T.V.P.A.) arising from his extraordinary rendition to Syria. (3) Arar alleged that the defendants, all U.S. government officials, rendered him to Syria with the knowledge or intention that he would be tortured and interrogated by Syrian authorities. (4) The Second Circuit held that Arar failed to state a claim under the T.V.P.A. and dismissed the case. (5) On September 26, 2002, authorities at John F. Kennedy airport in New York detained Arar, a dual citizen of Syria and Canada, while he was in transit from Tunisia to Canada. (6) Arar was told that he was inadmissible to the United States because the U.S. government had determined he was a member of al Qaeda. (7) Pursuant to this determination, Director of the Regional Office of the I.N.S.J. Scott Blackman, authorized Arar's removal from the United States without further process. (8) Although Arar designated Canada as the country to which he wished to be sent, U.S. officials instead allegedly flew him to Jordan where he was handed over to Syrian officials, driven to Syria and placed in detention. (9)
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