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Arar Analysis and Recommendations Report of the Events Relating to Maher Arar Analysis and Recommendations Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar The Report of the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar as originally submitted to the Governor in Council included some material which in this published version has been omitted in the interests of national security, national defence or international relations (indicated by [***] in the text). The decision to omit this material is made by the Government of Canada, and does not represent the views of the Commission of Inquiry. © Her Majesty the Queen in Right of Canada, represented by the Minister of Public Works and Government Services, 2006 Cat. No: CP32-88/1-2006E ISBN 0-660-19648-4 Available through your local bookseller or through Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Telephone: (613) 941-5995 Orders only: 1 800 635-7943 Fax: (613) 954-5779 or 1 800 565-7757 Internet: http://publications.gc.ca Printed by Gilmore Print Group Ce document est également publié en français sous le titre Rapport sur les événements concernant Maher Arar www.ararcommission.ca REPORT OF THE EVENTS RELATING TO MAHER ARAR Analysis and Recommendations Contents I AN OVERVIEW OF MY FINDINGS 9 1. Background 9 2. Organization and Content of Report 10 3. Scope of My Mandate and the Issue of Causation 11 4. Summary of Main Conclusions 13 4.1 Information Sharing Prior to Mr. Arar’s Detention 13 4.2 Detention in New York and Removal to Syria 14 4.3 Imprisonment and Mistreatment in Syria 14 4.4 After Mr. Arar’s Return to Canada 16 5. Summary Analysis 16 5.1 Pre-detention 16 5.1.1 Formation of Project A-O Canada 16 5.1.2 Early Investigative Steps 18 5.1.3 Border Lookouts 19 5.1.4 Canada Customs Secondary Examinations 21 5.1.5 Information Sharing with American Agencies 22 5.1.5.1 RCMP Policies 22 5.1.5.2 Original Arrangement 23 5.1.5.3 Inaccurate Information 24 5.1.6 Role of RCMP Headquarters 26 5.2 Detention in New York and Removal to Syria 27 5.2.1 Canadian Investigators 27 5.2.2 Consular Officials 30 5.2.3 Interagency Communication 31 5.3 Imprisonment and Mistreatment in Syria 32 5.3.1 Initial Period 32 5.3.2 Torture 33 2 ANALYSIS AND RECOMMENDATONS 5.3.3 Continuing Investigations 34 5.3.3.1 Bout de Papier 34 5.3.3.2 CSIS Trip 35 5.3.3.3 RCMP Investigation 35 5.3.4 Efforts to Obtain Release 36 5.3.4.1 Mr. Edelson’s Letter 36 5.3.4.2 The Ambassador and the Minister 37 5.3.4.3 Mixed Signals 38 5.3.4.3.1 Questions for Mr. Almalki 38 5.3.4.3.2 Alleged CSIS Statement 39 5.3.4.4 Visit by Members of Parliament 40 5.3.4.5 “One Voice” Letter 41 5.3.4.6 Prime Minister’s Letter 42 5.3.5 Consular Services 43 5.3.5.1 Consular Visits 43 5.3.5.2 Consular Reports 43 5.3.5.3 Legal Assistance 44 5.3.5.4 Mr. Arar’s Release 45 5.4 Post-return 45 5.4.1 Mr. Arar’s Statement 45 5.4.2 Leaks 46 5.4.3 Incomplete Briefing 48 II MAHER ARAR AND THE RIGHT TO BE FREE FROM TORTURE 51 1. Overview 51 2. Prohibition on Torture 51 3. Maher Arar 53 3.1 Maher Arar’s Experiences 54 3.2 Effects of Torture 57 3.3 Mr. Arar’s Reputation 59 3.4 A Misperception Grows 60 III EVENTS PRIOR TO MR. ARAR’S DETENTION IN NEW YORK 65 1. Overview 65 2. Formation of Project A-O Canada 65 2.1 Transfer of Investigations from CSIS to RCMP 65 2.2 Project A-O Canada 69 2.3 Training 71 2.4 Project A-O Canada Investigation 72 2.5 Reporting Structure 76 2.6 Problems with the Project A-O Canada Investigation 77 CONTENTS 3 3. Early Investigative Steps 78 4. Border Lookouts 80 4.1 Canadian Lookouts 80 4.1.1 Mr. Arar 81 4.1.2 Dr. Mazigh 84 4.2 U.S. Lookouts 85 5. Canada Customs Secondary Examinations 87 5.1 Examinations 87 5.2 Policy Issues Arising from Secondary Examinations 89 5.2.1 Examination and Photocopying of Documents 90 5.2.1.1 Mr. Arar 90 5.2.1.2 Dr. Mazigh 92 5.2.2 Examination of Mr. Arar’s Computer and PDA 94 5.2.3 Provision of Information to RCMP 96 5.2.4 Uploading of Profiles of Dr. Mazigh and Children into IMS 98 6. January 22, 2002 Searches and Interviews 99 6.1 Searches 99 6.2 Attempt to Interview Mr. Arar 99 7. Information Sharing with U.S. Agencies 101 7.1 Overview 101 7.2 Importance of Information Sharing 102 7.3 Need for Caution 103 7.3.1 Content of Shared Information 103 7.3.2 Control of Information 105 7.3.3 Centralization of Decision Making 106 7.3.4 Post-9/11 107 7.4 Original Arrangement 108 7.5 Project A-O Canada’s Approach 111 7.6 Investigation of Mr. Arar 112 7.6.1 U.S. Border Lookout Request 115 7.6.2 February FBI Visit 118 7.6.3 Supertext Database on Three CDs 119 7.6.3.1 Background 119 7.6.3.2 Products of January 22, 2002 Searches 120 7.6.3.3 The Three CDs 122 7.6.3.4 Authority to Transfer CDs 124 7.6.3.5 May 31 Presentation 125 7.6.3.6 Mr. Arar’s Departure for Tunisia 127 7.6.3.7 [***] 127 4 ANALYSIS AND RECOMMENDATONS 8. Project A-O Canada’s Relationship to Headquarters 127 8.1 Centralization of National Security Investigations 127 8.2 Project A-O Canada 128 8.3 Reporting to Headquarters 129 8.4 Failures in Communication 130 8.5 Tensions 131 8.6 Conclusion 132 IV DETENTION IN NEW YORK AND REMOVAL TO SYRIA 139 1. Overview 139 2. Role of RCMP 140 2.1 Decision to Detain Mr. Arar 140 2.2 Questions Sent by Fax on September 26, 2002 141 2.2.1 Submission of Questions 141 2.2.2 Inaccurate Information 143 2.2.3 Caveats 145 2.3 October 4, 2002 Fax 147 2.4 Telephone Conversations Between CID Officer and FBI Official 151 2.5 October 7 and 8 Communications with U.S. Authorities 153 2.6 American Removal Order 155 2.7 RCMP Involvement in Removal Order 156 3. CSIS’ Response to Detention of Mr. Arar 162 4. DFAIT’s Role 164 4.1 Background 164 4.2 Possibility of Removal to Syria 165 4.3 Legal Representation 167 4.4 Diplomatic Options 169 4.5 Vienna Convention 172 5. Lack of Interagency Communications 173 V IMPRISONMENT AND MISTREATMENT IN SYRIA 179 1. Overview 179 2. Background Information on Syria’s Human Rights Reputation 179 3. Initial Period 182 3.1 Efforts to Locate Mr. Arar 182 3.2 First Consular Visit 184 3.3 Date of Arrival in Syria 186 3.4 Torture 187 3.5 Assessments by Officials 190 CONTENTS 5 3.6 Implications of Failure to Develop Clear Statement 192 4. Canadian Investigations 194 4.1 Bout de Papier 194 4.2 CSIS Trip 197 4.2.1 CSIS Investigation into Mr. Arar 197 4.3 Continuing RCMP Investigation 200 5. Efforts to Obtain Mr. Arar’s Release 201 5.1 Mr. Edelson’s Letter 201 5.2 Minister’s Involvement 203 5.2.1 Meetings with Secretary Powell 203 5.2.2 Minister Graham’s Telephone Call to Syrian Foreign Minister 204 5.3 Mixed Signals 206 5.3.1 Questions for Mr. Almalki 206 5.3.1.1 Relevance 206 5.3.1.2 Background Events 208 5.3.1.3 Delivery of Questions 210 5.3.1.4 Conclusions 212 5.3.2 Alleged CSIS Statement 214 5.4 Visit by Members of Parliament 219 5.5 “One Voice” Letter 221 5.5.1 May 5 Memorandum 221 5.5.2 June 5 Memorandum 223 5.5.3 June 17 Proposal 223 5.5.4 RCMP’s Role 224 5.5.5 CSIS’ Role 226 5.5.6 Summary 227 5.6 Prime Minister’s Letter 228 6. Consular Services 229 6.1 Consular Visits Prior to August 2003 229 6.2 Distribution of Consular Reports 232 6.3 August 14 Consular Visit 235 6.3.1 Background 235 6.3.2 Visit 237 6.3.3 Minister’s Statement 240 6.4 Arranging Legal Assistance 241 6.4.1 Prior to August 14, 2003 241 6.4.2 After August 14, 2003 241 6.4.3 Issues 243 6.5 Call for Fair and Open Trial 245 6.6 Maher Arar’s Release 247 6 ANALYSIS AND RECOMMENDATONS VI RETURN TO CANADA 251 1. Overview 251 2. Trip Home 251 3. Mr. Arar’s Press Conference 252 4. Mr. Martel’s Recollections 253 5. Leaks 255 5.1 Introduction 255 5.2 Nature and Context of Leaks 257 5.3 Sources 261 5.4 Effects on Mr. Arar 262 5.5 Final Comment 263 6. Incomplete Briefing 263 7. RCMP Review of Project A-O Canada Investigation 265 VII ABDULLAH ALMALKI AND AHMAD EL MAATI 267 1.
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