A Bivens Remedy Should Apply: Re-Examining the Majority's Opinion in Arar
This is particularly relevant for American judges, who, as will be shown in the analysis of Arar
, have not fulfilled their responsibilities in helping to preserve substantive democracy.
He said: "We hope the supreme court will reaffirm the role of checks and balances and afford Mr Arar
his day in court.
did not plead a theory of liability for refoulement under the A.
Based on information provided to US authorities by the Canadian government, Arar
was held incommunicado for two weeks and then flown to Syria, where he was imprisoned, interrogated, and tortured for close to a year.
However, as yet there has been limited scholarly and theoretical attention paid to the Arar
case from the vantage point of racialized violence.
He was incommunicado from his family for almost two years and, like Arar
(allegedly), beaten with a heavy power cable.
Yet, despite the Syrians' inability to connect him to al-Qaeda and the Canadians' having exonerated him, Arar
is still considered persona non grata in the United States and remains on the terrorist watch list (U.
In a report, a Canadian government commission criticized its own law enforcement officials who apparently drew wild conclusions about the innocent Arar
from thin evidence.
, 34, from Canada, said he was seized in September 2002 at JFK airport in New York.
Ahmed bin Shenayen bin Dhiya al-Inizi and Shaher bin Waqaaf bin Qayidh al-Ruwaily were convicted of brutally murdering Malek Zade Khan in the northern town of Arar
because they feared a scandal after Khan saw them having sex.
Ahmed bin Shenayen bin Dhiya al-Inizi and Shaher bin Waqaaf bin Qayidhal-Ruwaily were convicted for killing Pakistani national Malek Zade Khan in the northern town of Arar
, the Ministry said.