February 10, 2004 CONGRESSIONAL RECORD — SENATE S781 Expanding comprehensive motorcycle rider The PRESIDING OFFICER. The clo- neral at Arlington National Cemetery. education and skill testing in all States for ture motion having been presented The ceremony honored Luke, and de- novice riders; and under rule XXII, the Chair lays before servedly so. In the words of Lieutenant Reducing drinking and driving by motorcy- clists through alcohol awareness messages the Senate the cloture motion, which James’s mother, speaking of her son, and targeted enforcement. the clerk will state. she said: As part of this effort, a workshop is being The legislative clerk read as follows: We are very proud as his parents that he planned for June 2004 to identify strategies CLOTURE MOTION had the attitude he had, and wanted to serve. that can be used to reduce motorcycle fatali- We the undersigned Senators, in accord- . . . It wouldn’t have been this mother’s ties and injuries. You and/or your constitu- ance with the provisions of rule XXII of the choice, but you have to have young men and ents are welcome to participate in, and con- Standing Rules of the Senate, do hereby women willing to preserve the freedom we tribute to, this workshop. The result of this move to bring to a close debate on Calendar have. We are glad he was willing. research project will be the development of a No. 426, S. 1072, a bill to authorize funds for He was willing. We as a nation are guide for highway officials on practices than Federal-aid highways, highway safety pro- grateful. The loss of 2LT Luke S. can improve safety for motorcyclists grams, and transit programs, and for other throughout the transportation system. James is grievous to all of us. Our purposes. Also as part of the implementation of our thoughts are with his wife and son, as Bill Frist, James Inhofe, Christopher Strategic Highway Safety Plan, ASSHTO has well as his family in Oklahoma. Bond, Gordon Smith, Lamar Alex- committed to the creation of a joint task ander, Richard Lugar, Lincoln Chafee, Today we recognize his valor and force to identify hazards/areas of concern to Elizabeth Dole, George Allen, Pat Rob- commitment. It is for men like Luke motorcyclists, as well as highway practices erts, Robert Bennett, Craig Thomas, James I am proud to be a part of this that can help minimize these concerns. Ex- Richard Shelby, Norm Coleman, Mike great Nation. He was a special soldier, amples include the longitudinal expansion Crapo, Mike Enzi, Jim Bunning. joints on bridges, the slickness of material a real Oklahoman, and a true Amer- used to fill asphalt pavement cracks, and the f ican. As we tour over there, and see these safety of various types of guardrail including MORNING BUSINESS traditional steel W-beam guardrail and the young warriors and their attitude and newer cable barriers. This joint task force Mr. FRIST. I now ask unanimous commitment and patriotism, it is so will consist of members from the State consent that there be a period for heartwarming. I am sure at one time or transportation departments, the American morning business with Senators to another I saw Luke, but I don’t remem- Motorcyclist Association, the Motorcycle speak for up to 5 minutes each. ber when that was. But he is certainly Riders Foundation, the National Highway The PRESIDING OFFICER. Without typical, and his family, recognizing Traffic Safety Administration, and the Fed- objection, it is so ordered. eral Highway Administration. Additional that he made the supreme sacrifice, input may also be sought from other noted f but he made it for us. He knew that experts in the areas of motorcycle and high- HONORING OUR ARMED FORCES risk was there when he took on the po- way safety both here and abroad. The infor- sition he held. mation developed by this special committee SECOND LIEUTENANT LUKE S. JAMES f will be used as input into the revision and Mr. INHOFE. Mr. President, I rise update of the various AASHTO manuals and today to honor the memory of a brave THE CASE OF MAHER ARAR guides. young American who gave his life de- Mr. LEAHY. Mr. President, I rise to We are very pleased that you have an in- terest in this area and we are committed to fending our Nation. I went to the cere- speak about a very troubling case of working with you over the next year to en- mony out at Arlington this morning and alleged that be- sure that these issues are addressed and that for this young man. It was one of the came public last fall. This is the case the resulting recommendations are success- most moving experiences I have ever of Maher Arar, a Canadian and Syrian fully implemented. Please contact my office had. This man felt a call to serve his citizen, who was deported from the at (202) 624–5800 if you have any questions re- country, to be a part of something big- United States to last year, who garding this information. ger than himself. For that call, he paid was held and interrogated for months Sincerely, the highest price. by the Syrians at the Bush administra- JOHN C. HORSLEY, Executive Director. 2LT Luke James of Hooker, OK, was tion’s request, and who claims to have a platoon leader in the 82nd Airborne’s suffered torture while in custody there. Mr. INHOFE. I understand that the B Company, 2nd Battalion, 505th Para- Mr. Arar was stopped by immigration Senator has also proposed creating a chute Infantry Regiment, stationed at officers at John F. Kennedy Inter- new program to encourage improve- Fort Bragg, NC. He is survived by his national Airport in September 2002 as ments in the States’ motorcycle safety wife Molly and their little son Bradley he attempted to change planes on his programs. I believe this amendment who was born just 6 months ago. His way home to from Tunisia. He would be very valuable. I also believe it parents Brad and Arleen James live in claims that he was interrogated by an would be most appropriate offered as Hooker, OK, where Luke played foot- FBI agent and a police part of the Commerce Committee title, ball at Hooker High School and grad- officer, and that he was denied access and would like to be added as an origi- uated near the top of his class. Luke to a . He further claims that he nal cosponsor of the amendment when later attended and graduated from repeatedly told U.S. officials that he that happens. Ms. MURKOWSKI. I thank the Chair- Oklahoma State University where he feared he would be tortured if deported man for his assistance and will add him participated in the ROTC program and to Syria. After being held for nearly as an original cosponsor when that earned a degree in animal science. two weeks in a federal detention center amendment is offered. While on a dismounted patrol, Luke in New York, Mr. Arar was transferred The PRESIDING OFFICER. Who was killed by a roadside bomb during by U.S. authorities to Syria. Arar seeks recognition? an ambush on January 27. He gave his claims that he was physically tortured Mr. INHOFE. I suggest the absence of life for the freedom of millions of during the first two weeks of his deten- a quorum. Americans and for the peace and future tion in Syria, and that he was sub- The PRESIDING OFFICER. The of the Iraqi people. jected to severe psychological abuse clerk will call the roll. Lieutenant James had long imagined over the following ten months, includ- The assistant legislative clerk pro- a life of service in the Army. He was ing being held in a grave-like cell and ceeded to call the roll. going to be career. These aspirations being forced to undergo interrogation Mr. FRIST. I ask unanimous consent were realized culminating with his while hearing the screams of other that the order for the quorum call be commissioning into the airborne infan- prisoners. rescinded. try on December of 2002. His parents Syria has a well-documented history The PRESIDING OFFICER. Without have described how Luke embodied the of state-sponsored torture. In fact, objection, it is so ordered. selfless attitude toward service to President Bush stated on November 7, CLOTURE MOTION country that is so evident in all of our 2003, that Syria has left ‘‘a legacy of Mr. FRIST. Mr. President, I now send military men and women. torture, oppression, misery, and ruin’’ a cloture motion on the bill to the On February 10, I had the oppor- to its people. Stories like Mr. Arar’s desk. tunity to attend Lieutenant James’ fu- are appalling and, if true, seriously

VerDate jul 14 2003 00:29 Feb 11, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.011 S10PT1 S782 CONGRESSIONAL RECORD — SENATE February 10, 2004 damage our credibility as a responsible portation of Mr. Arar to Syria and his what it terms ‘‘sensitive national security member of the international commu- alleged torture there. This inquiry will information.’’ Mr. Arar is a member of al nity. also examine the role played by Cana- Qaeda, the Justice Department alleged in a When unrelated allegations of ren- recent statement. Anonymous officials have dian officials in the case to determine been quoted in press accounts saying that he dition and possible breaches of the Con- whether the Canadian government was was carrying a list of al Qaeda operatives vention Against Torture (‘‘Torture complicit in the rendition of Mr. Arar. and that then-Deputy Attorney General Convention’’) surfaced in the summer And just weeks ago, a non-profit orga- Larry D. Thompson signed an order certi- of 2003, I wrote to administration offi- nization, the Center for Constitutional fying that returning Mr. Arar to Canada cials asking for guarantees that the Rights, filed a constitutional and would be ‘‘prejudicial to the interests of the United States is complying with its ob- human rights case on behalf of Mr. United States.’’ The department says that Mr. Arar’s deportation to Syria was ‘‘fully ligations under this Convention. I re- Arar with the U.S. District Court for within the law and applicable international ceived a response from the General the Eastern District of New York chal- treaties and conventions.’’ Far from intend- Counsel of the Department of Defense, lenging the decision by federal officials ing that Syria would torture him, in fact, William J. Haynes. His letter contained to deport him to Syria. As the Wash- the department claims that it was ‘‘provided a welcome commitment by the admin- ington Post editorialized on February with reliable assurances that Mr. Arar would istration that it is the policy of the 2, 2004, ‘‘The government should be be treated humanely.’’ United States to comply with all of its There are two questions that we hope this obliged to spell out how this decision litigation would shed light upon. The first is legal obligations under the Torture came to be made and why.’’ whether Mr. Arar was, in fact, a would-be- Convention. I wrote to Mr. Haynes I urge my colleagues to follow this terrorist. The second is why he was sent to a again for clarification on a number of Federal court case the Canadian in- country known for abusing human rights, in- points, such as how the administration quiry closely. If the allegations by Mr. stead of being sent to Canada or detained reconciled this statement of policy Arar are true, then our government has here as an enemy combatant. What was the with reported acts of rendition and ac- much to answer for. The case has al- goal, if not to delegate to the Syrians tor- cusations of the use of interrogation ready damaged our standing with for- ture that American authorities cannot en- gage in? At the least, the government should techniques rising to or near the level of eign governments, many of which we be obliged to spell out how this decision torture. After 2 months with no re- have criticized in the past for relying came to be made and why. sponse, another letter, this one not on torture in interrogations. If the U.S. from Haynes himself but from a subor- is ‘‘subcontracting’’ interrogation of U.S. SENATE, dinate, was delivered late at night on terrorism suspects to nations that bend Washington, DC, June 2, 2003. the eve of Mr. Haynes’ November 19, the rules on torture, it undermines our Hon. , 2003 confirmation hearing for a seat on reputation as a Nation of laws, it hurts National Security Adviser, The White House, Washington, DC. the Fourth Circuit Court of Appeals. our credibility in seeking to uphold DEAR DR. RICE: Over the past several That letter was totally unresponsive to human rights, and it invites others to months, unnamed Administration officials my questions. use the same tactics. have suggested in several press accounts Because Mr. Arar claims that he was I ask unanimous consent to print the that detainees held by the United States in interrogated by an FBI agent, I wrote letters I mentioned and the Wash- the war on terrorism have been subjected to to FBI Director Mueller on November ington Post editorial in the RECORD. ‘‘stress and duress’’ interrogation tech- 17, 2003 for more information on the There being no objection, the mate- niques, including beatings, lengthy sleep and case. Later that week, when press ac- rial was ordered to be printed in the food deprivation, and being shackled in pain- ful positions for extended periods of time. counts indicated that the deportation RECORD, as follows: Our understanding is that these statements of Mr. Arar was approved by the De- [From , February 2, pertain in particular to interrogations con- partment of Justice (‘‘DOJ’’), I wrote 2004] ducted by the Central Intelligence Agency in to Attorney General Ashcroft to ask a MR. ARAR’S LAWSUIT and other locations outside the number of additional questions. Nei- The Federal lawsuit filed last week by United States. Officials have also stated that ther of these letters has been answered. Maher Arar—the Syrian-born Canadian detainees have been transferred for interro- Administration officials claim that whom the federal government deported to gation to governments that routinely tor- Syria—offers a good opportunity to shed ture prisoners. the CIA received assurances from Syria These assertions have been reported exten- that it would not torture Mr. Arar, and some light on one of the more peculiar civil liberties cases to arise during the war on ter- sively in the international media in ways yet, spokesmen for DOJ have not ex- that could undermine the credibility of rorism. Mr. Arar and the U.S. government American efforts to combat torture and pro- plained why they believed the Syrian agree on the barest outlines of his story: He mote the rule of law, particularly in the Is- assurances to be credible. Nor have was flying home from Tunisia to Canada in they explained inconsistencies in state- lamic world. the fall of 2002 on a path that took him I appreciate President Bush’s statement, ments coming from officials at dif- through New York. He had, however, been during his recent meeting with U.N. High ferent agencies. Although the adminis- placed on the terrorist watch list. When he Commissioner for Human Rights Sergio De tration has officially welcomed state- presented his Canadian passport, he was de- Mello, that the United States does not, as a ments by the Syrian government that tained for more than a week and—despite his matter of policy, practice torture. I also Mr. Arar was not tortured, other pleas to be sent to Canada—was sent to commend the Administration for its willing- Syria. There he was held for 10 months until unnamed officials have been quoted in ness to meet with and respond to the con- intervention by the Canadian government se- cerns of leading human rights organizations the press as saying that, while in cap- cured his release. tivity in Syria, Mr. Arar confessed about reports of mistreatment of detainees. That is where agreement ends. Mr. Arar At the same time, I believe the Administra- under torture that he had gone to Af- denies any connection to al Qaeda. He claims tion’s response thus far, including in a re- ghanistan for terrorist training. I have to have been savagely tortured in his coun- cent letter to from De- asked DOJ to address that shocking try of birth. And he alleges that he was sent partment of Defense General Counsel Wil- contradiction and also to explain to Syria, rather than to Canada, precisely so liam Haynes, while helpful, leaves important whether the United States has inves- that he would be tortured—to be precise, ‘‘so questions unanswered. that Syrian authorities would interrogate tigated Syria’s alleged non-compliance The Administration understandably does him in ways that [American officials] be- not wish to catalogue the interrogation tech- with any assurances it provided to the lieved themselves unable to do directly.’’ All niques used by U.S. personnel in fighting U.S. government. of which, if true, would violate this coun- international terrorism. But it should affirm Whether or not Mr. Arar had ties to try’s international treaty obligations, which with clarity that America upholds in prac- terrorist organizations, as is alleged by prohibit turning someone over to a govern- tice the laws that prohibit the specific forms U.S. officials, or whether his confession ment likely to mistreat that person. In Can- of mistreatment reported in recent months. was a false one produced by coercion, ada, Mr. Arar’s case has become a cause, The need for a clear and thorough response as he claims, he was subject to the cited as an example of American arrogance from the Administration is all the greater legal protections provided by the Tor- and contempt for Canada’s interests and citi- because reports of mistreatment initially zens. arose not from outside complaints, but from ture Convention, which the United The American government firmly—if statements made by administration officials States has ratified. vaguely—denies any wrongdoing. It still themselves. Recently, the Canadian government claims that its information on Mr. Arar was With that in mind, I would appreciate your announced a full inquiry into the de- solid, though it refuses to release any of answers to the following questions:

VerDate jul 14 2003 00:29 Feb 11, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G10FE6.052 S10PT1 February 10, 2004 CONGRESSIONAL RECORD — SENATE S783 First, Mr. Haynes’ letter states that when raising a number of legal questions regarding committed to protecting the people of this questioning enemy combatants, U.S. per- the treatment of detainees held by the Nation as well as to upholding its funda- sonnel are required to follow ‘‘applicable United States in the wake of the September mental values under the law. laws prohibiting torture.’’ What are those 11, 2001, attacks on the United States and in Sincerely, laws? Given that the United States has rati- this Nation’s war on terrorists of global WILLIAM J. HAYNES II. fied the Convention Against Torture and reach. We appreciate and fully share your Other Forms of Cruel, Inhuman or Degrading concern for ensuring that in the conduct of U.S. SENATE, Treatment or Punishment (CAT), is this this war against a ruthless and unprincipled Washington, DC, September 9, 2003. Convention one of those laws, and does it foe, the United States does not compromise WILLIAM J. HAYNES II, bind U.S. personnel both inside and outside its commitment to human rights in accord- General Counsel, Department of Defense, the United States? ance with the law. Defense Pentagon, Washington, DC. Second, does the Administration accept In response to your specific inquiries, we DEAR MR. HAYNES: Thank you for your that the United States has a specific obliga- can assure you that it is the policy of the June 25, 2003, letter concerning U.S. policy tion under the CAT not to engage in cruel, United States to comply with all of its legal with regard to the treatment of detainees inhuman and degrading treatment? obligations in its treatment of detainees, and held by the United States. Third, when the United States ratified the in particular with legal obligations prohib- I very much appreciate your clear state- CAT, it entered a reservation regarding its iting torture. Its obligations include con- ment that it is the policy of the United prohibition on cruel, inhuman and degrading ducting interrogations in a manner that is States to comply with all of its legal obliga- treatment, stating that it interprets this consistent with the Convention Against Tor- tions under the Convention Against Torture term to mean ‘‘the cruel, unusual and inhu- ture and Other Cruel, Inhuman, or Degrading and Other Cruel, Inhuman, or Degrading mane treatment or punishment prohibited Treatment or Punishment (‘‘CAT’’) as rati- Treatment or Punishment (CAT). I also wel- by the 5th, 8th, and/or 14th amendments to fied by the United States in 1994. And it in- come your statement that it is United States the Constitution.’’ Are all U.S. interroga- cludes compliance with the Federal anti-tor- policy to treat all detainees and conduct all tions of enemy combatants conducted in a ture statute, 18 U.S.C.. §§2340–2340A, which interrogations, wherever they may occur, in manner consistent with this reservation? Congress enacted to fulfill U.S. obligations a manner consistent with our government’s Fourth, in its annual Country Reports on under the CAT. The United States does not obligation, under Article 16 of the CAT, ‘‘to Human Rights Practices, the State Depart- permit, tolerate or condone any such torture prevent other acts of cruel, inhuman, or de- ment has repeatedly condemned many of the by its employees under any circumstances. grading treatment or punishment’’ as pro- same ‘‘stress and duress’’ interrogation tech- Under Article 16 of the CAT, the United hibited under the Fifth, Eighth, and Four- niques that U.S. personnel are alleged to States also has an obligation to ‘‘undertake teenth Amendments to the U.S. Constitu- have used in Afghanistan. Can you confirm . . . to prevent other acts of cruel, inhuman, tion. that the United States is not employing the or degrading treatment or punishment which This statement of policy rules out the use specific methods of interrogation that the do not amount to torture.’’ As you noted, be- of many of the ‘‘stress and duress’’ interroga- State Department has condemned in coun- cause the terms in Article 16 are not defined, tion techniques that have been alleged in tries such as , Iran, Eritrea, Libya, the United States ratified the CAT with a press reports over the last several months, and Burma? reservation to this provision. This reserva- including beatings, lengthy sleep and food Fifth, the Defense Department acknowl- tion supplies an important definition for the deprivation, and shackling detainees in pain- edged in March that it was investigating the term ‘‘cruel, inhuman, or degrading treat- ful positions for extended periods of time. It deaths from blunt force injury of two detain- ment or punishment.’’ Specifically, this res- should also go a long way towards answering ees who were held at a Bagram air base in ervation provides that ‘‘the United States concerns that have been expressed by our considers itself bound by the obligation Afghanistan. What is the status of that in- friends overseas about the treatment of de- under article 16 to prevent, ‘cruel, inhuman vestigation and when do you expect it to be tainees in U.S. custody. It should strengthen or degrading treatment or punishment’ only completed? Has the Defense Department or our nation’s ability to lead by example in the CIA investigated any other allegations of in so far as the term ‘cruel, inhuman or de- the protection of human rights around the torture or mistreatment of detainees, and if grading treatment or punishment’ means the world, and our ability to protect Americans, so, with what result? What steps would be cruel, unusual and inhumane treatment or including our service members, should they taken if any U.S. personnel were found to punishment prohibited by the Fifth, Eighth, be detained abroad. have engaged in unlawful conduct? and/or Fourteenth Amendments to the Con- At the same time, the ultimate credibility Finally, Mr. Haynes’ letter offers a wel- stitution of the United States.’’ United of this policy will depend on its implementa- come clarification that when detainees are States policy is to treat all detainees and tion by U.S. personnel around the world. In transferred to other countries, ‘‘U.S. Govern- conduct all interrogations, wherever they that spirit, I would appreciate it if you could ment instructions are to seek and obtain ap- may occur, in a manner consistent with this clarify how the administration’s policy to propriate assurances that such enemy com- commitment. comply with the CAT is communicated to batants are not tortured.’’ How does the ad- As your letter stated, it would not be ap- ministration follow up to determine if these propriate to catalogue the interrogation those personnel directly involved in deten- pledges of humane treatment are honored in techniques used by U.S. personnel in fighting tion and interrogation? As you note in your practice, particularly when the governments international terrorism, and thus we cannot letter, the U.S. obligation under Article 16 of in question are known to practice torture? comment on specific cases or practices. We the CAT is to ‘‘undertake . . . to prevent’’ I believe these questions can be answered can assure you, however, that credible alle- cruel, inhuman or degrading treatment or without revealing sensitive information or in gations of illegal conduct by U.S. personnel punishment. What is the administration any way undermining the fight against will be investigated and, as appropriate, re- doing to prevent violations? Have any recent international terrorism. Defeating terrorism ported to proper authorities. In this connec- directives regulations or general orders been is a national security priority, and no one tion, the Department of Defense investiga- issued to implement the policy your June 25 questions the imperative of subjecting cap- tion into the deaths at Bagram, Afghanistan, letter describes? If so, I would appreciate re- tured terrorists to thorough and aggressive is still in progress. Should any investigation ceiving a copy. interrogations consistent with the law. indicate that illegal conduct has occurred, I understand that interrogations conducted The challenge is to carry on this fight the appropriate authorities would have a by the U.S. military are governed at least in while upholding the values and laws that dis- duty to take action to ensure that any indi- part by Field Manual 34–52, which prohibits tinguish us from the enemy we are fighting. viduals responsible are held accountable in ‘‘the use of force, mental torture, threats, in- As President Bush has said, America is not accordance with the law. sults, or exposure to unpleasant and inhu- merely struggling to defeat a terrible evil, With respect to Article 3 of the CAT, the mane treatment of any kind.’’ This field but to uphold ‘‘the permanent rights and the United States does not ‘‘expel, return (‘re- manual rightly stresses that ‘‘the use of hopes of mankind.’’ I hope you agree that fouler’) or extradite’’ individuals to other force is a poor technique, as it yields unreli- clarity on this fundamental question of countries where the U.S. believes it is ‘‘more able results, may damage subsequent collec- human rights and human dignity is vital to likely than not’’ that they will be tortured. tion efforts, and can induce the source to say that larger struggle. Should an individual be transferred to an- whatever he thinks the interrogator wants Thank you for your assistance. other country to be held on behalf of the to hear.’’ Are there further guidelines that in Sincerely, United States, or should we otherwise deem any way add to, define, or limit the prohibi- , it appropriate, United States policy is to ob- tions contained in this field manual? What U.S. Senator. tain specific assurances from the receiving mechanisms exist for ensuring compliance country that it will not torture the indi- with these guidelines? GENERAL COUNSEL OF THE vidual being transferred to that country. We Most important, I hope you can assure me DEPARTMENT OF DEFENSE, can assure you that the United States would that interrogators working for other agen- Washington, DC, June 25, 2003. take steps to investigate credible allegations cies, including the CIA, operate from the Hon. PATRICK J. LEAHY, of torture and take appropriate action if same guidelines as the Department of De- U.S. Senate, there were reason to believe that those as- fense. If CIA or other interrogation guide- Washington, DC. surances were not being honored. lines in use by any person working for or on DEAR SENATOR LEAHY: I am writing in re- In closing, I want to express my apprecia- behalf of the U.S. government differ, could sponse to your June 2, 2003, letter to Dr. Rice tion for your thoughtful questions. We are you clarify how, and why?

VerDate jul 14 2003 00:29 Feb 11, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.022 S10PT1 S784 CONGRESSIONAL RECORD — SENATE February 10, 2004 I am pleased that before handing over de- tions of it, DoD also has an effective mili- I find Mr. Arar’s claims and the underlying tainees for interrogation to third countries, tary criminal justice system for detecting, rendition policy deeply troubling and would the United States obtains specific assurances investigating, prosecuting, and punishing like information on the role of the FBI, if that they will not be tortured. I remain con- misconduct by military personnel should it any, in this case. cerned, however, that mere assurances from occur. 1. Under what specific authority was Mr. countries that are known to practice torture Your letter also asked whether follow-up Arar detained, first at the airport and then systematically are not sufficient. While you had occurred regarding allegations appearing at the federal detention center in ? state that the United States would follow up in stories in the Washington Post on Janu- 2. Is it true that one or more FBI agents on any credible information that such de- ary 31, 2003, in Newsday on February 6, 2003, interrogated Mr. Arar after he was detained tainees have been mistreated, how would and in the Los Angeles Times on March 3, by immigration officers at JFK airport? such information emerge if no outsiders have 2003. With respect to the first story, it does 3. If so, is it true that Mr. Arar was denied access to these detainees? Has the adminis- not allege unlawful activity by any U.S. offi- access to counsel? tration considered seeking assurances that cial because participation in questioning 4. Did the FBI participate in any manner an organization such as the International abroad and knowledge of transfers to third in the transfer of Mr. Arar to Washington, Committee for the Red Cross have access to countries, without more, do not contravene D.C., Jordan, Syria, or to any other location? detainees after they have been turned over? the law. With respect to the second story, 5. An intelligence official is quoted in the If not, I urge you to do so. the allegations of improper treatment it con- Washington Post story as saying, ‘‘The Jus- Finally, has the administration followed tains are by an individual who has not been tice Department did not have enough evi- up on specific allegations reported in the a Central Intelligence Agency employee dence to detain him when he landed in the press that such detainees may have been tor- since well before 2001. With respect to the United States.’’ If this is true and if, as has tured, including claims regarding a German final story, the unnamed sources are quoted also been reported in the press, U.S. officials citizen sent to Syria in 2001, and statements as saying that they did not know details, but were in contact with Canadian authorities, by former CIA official Vincent Cannistrano they nevertheless then speculated about why did the FBI and/or other officials choose concerning an al-Qaeda detainee sent from what was happening. To the extent that it not to turn Arar over to Canadian authori- Guantanamo to Egypt (see enclosed arti- might be possible to construe the latter two ties? cles)? stories as containing allegations about the 6. In a June 25, 2003, letter to me on the Thank you again for your response to my treatment of individuals while outside mili- subject of rendition and other matters, the last letter. tary control, I understand that the Office of U.S. Defense Department General Counsel, With best regards, the Director of Central Intelligence (DCI) William Haynes, stated that the ‘‘United PATRICK LEAHY, has copies of these articles and is responsible States policy is to obtain specific assurances U.S. Senator. for appropriate action. from the receiving country that it will not Please allow me to emphasize that press torture the individual being transferred to DEPARTMENT OF DEFENSE, stories often contain allegations that are un- that country.’’ Did the United States seek true, and that my mention of the office of OFFICE OF GENERAL COUNSEL, assurances from Jordan and/or Syria that Washington, DC, November 18, 2003. the DCI indicates nothing concerning the Mr. Arar would not be subject to torture, or merits of those allegations and it does not Hon. PATRICK J. LEAHY, to cruel, or inhuman, or degrading treatment express a view concerning what action might U.S. Senate, or punishment while in the custody of either be appropriate. Washington, DC. nation? If so, what steps did the United I appreciate very much the opportunity to DEAR SENATOR LEAHY: I am responding to address your concerns. The Administration States take after his rendition to assess your September 9, 2003 letter, which follows compliance with such assurances in this up on the June 25, 2003 letter from Mr. is committed to carrying out the law as we continue our dedicated efforts to protect case? Were the assurances provided in writ- Haynes concerning U.S. policy on the treat- ing? If so, please provide a copy to the Com- ment of detainees held by the United States Americans from terrorism. Sincerely, mittee. If such a document is classified, in the war on terrorism. The earlier letter to please arrange for cleared staff to view it. If ANIEL J. DELL’ORTO, you and an April 2, 2003 letter to the Execu- D Principal Deputy General Counsel. no assurances were obtained, please explain tive Director of Human Rights Watch (en- why not. closed) contain precise statements of U.S. 7. Under U.S. law, non-citizens who express U.S. SENATE, policy. As statements of U.S. policy, they re- concerns about torture if removed are enti- COMMITTEE ON THE JUDICIARY, flect the policy applicable to the Executive Washington, DC, November 17, 2003. tled to an evaluation of their claim before Branch. being removed. Under the specific regula- Your letter inquired about Department of Hon. ROBERT S. MUELLER, Director, Federal Bureau of Investigation, tions that were likely applied to Mr. Arar’s Defense (DoD) implementation of the policy removal, there is an explicit prohibition described in the June 25 letter. The Depart- Washington, DC. DEAR DIRECTOR MUELLER: I am writing to against returning someone to a country ment takes its compliance with U.S. obliga- inquire about the role the FBI may have where there are substantial grounds for be- tions very seriously. For that reason, the De- played in the of lieving he would be subjected to torture. partment has a Law of War Program, which Maher Arar, a Canadian and Syrian citizen, What process was used, if any, to evaluate is governed by DoD directive 5100.77 (Decem- from the United States to Syria last year. the likelihood that Mr. Arar would be sub- ber 9, 1998), a copy of which is enclosed. That Press reports indicate that Mr. Arar was jected to torture before removing him to Directive, among other things, provides that stopped by immigration officers at John F. Syria? it is DoD policy to ensure that DoD compo- Kennedy International Airport as he at- 8. Are you aware of a ‘‘secret presidential nents observe the law of war obligations of tempted to change planes on his way home ’finding’ authorizing the CIA to place sus- the United States, and that those compo- to Canada from Tunisia. Mr. Arar claims pects in foreign hands without due process’’? nents implement an effective program to that he was then interrogated by an FBI If so, please provide a copy to the Com- prevent violations of the law of war. agent and a New York City police officer. He mittee. If such a document is classified, Through the Law of War Program, the De- further claims that, ‘‘They told me I had no please arrange for cleared staff to view it. partment seeks to prevent law of war viola- right to a lawyer because I was not an Amer- 9. Has the FBI participated in any other al- tions through training and by instructing ican citizen,’’ and that he repeatedly told leged renditions, including interviewing and DoD personnel about U.S. obligations, and U.S. officials that he feared he would be tor- then handing suspects over to intelligence ensuring that qualified legal advisers are tured if returned to Syria. ‘‘Deported Terror officers for transfer to another country? available at all levels of command to provide Suspect Details Torture in Syria,’’ Wash- Thank you for your prompt answers to advice on compliance with the law of war. ington Post, November 5, 2003. After being these questions. Moreover, DoD personnel are instructed to held for nearly two weeks in a federal deten- Sincerely, report allegations of mistreatment of or in- tion center, Mr. Arar alleges that he was PATRICK LEAHY, juries to detained enemy combatants then handed over to U.S. intelligence offi- U.S. Senator. through normal command channels for ulti- cials who flew him to Jordan and turned him mate transmission to appropriate authori- over to Jordanian authorities, who beat him. U.S. SENATE, ties. Individual military personnel bear a re- He was then taken to Syria, where he was de- COMMITTEE ON THE JUDICIARY, sponsibility to ensure their compliance. tained and allegedly tortured over a period Washington, DC, November 21, 2003. Commanding officers carry the additional re- of ten months. Hon. , sponsibility to be aware of and to direct the While the Bush administration officially Attorney General, Department of Justice, conduct of the men and women under their denies engaging in extraordinary renditions Washington, DC. command in order to, among other things, of this sort, numerous unnamed intelligence DEAR ATTORNEY GENERAL ASHCROFT: I am ensure their compliance with U.S. obliga- officials have admitted to the press that ren- writing to inquire about the rendition of tions in matters such as the treatment of ditions have occurred, purportedly under a Maher Arar, a Canadian and Syrian citizen, those detained in an armed conflict. Al- ‘‘secret rendition policy.’’ Id. This policy was from the United States to Syria last year. though our principal institutional focus is, described as ‘‘a secret presidential ‘finding’ I wrote to FBI Director as it should be, on compliance with the law authorizing the CIA to place suspects in for- about this case on Monday, November 17. of war and avoiding and preventing viola- eign hands without due process.’’ Id. (See attached). Since that time, additional

VerDate jul 14 2003 00:33 Feb 11, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A10FE6.024 S10PT1 February 10, 2004 CONGRESSIONAL RECORD — SENATE S785 information on this case has been provided the deportation order was signed by Mr. a. Was the option to detain Arar as an to the press, mainly in statements by Thompson? Did Mr. Thompson, who was enemy combatant in Guantanamo Bay con- unnamed administration officials, but also serving as Acting Attorney General when he sidered and rejected in favor of rendition to by Department of Justice (DOJ) spokes- signed the order, consult with you before Syria? If so, on what basis was the decision persons. signing the order? Did you approve this ac- made to send him to Syria? Washington Post articles indicate that the tion? b. Where there is more than one destina- deportation of Mr. Arar was approved on Oc- 5. In a June 25, 2003, letter to me on the tion country to which detainees may be ren- tober 7, 2002, by then-Deputy Attorney Gen- subject of rendition and other matters, the dered, do you believe there should be a policy eral Larry Thompson, who signed the order U.S. Defense Department General Counsel, to render detainees to the country where tor- in his capacity as Acting Attorney General. William Haynes, stated that the ‘‘United ture is least likely (e.g., a country that does ‘‘Man Was Deported After Syrian Assur- States policy is to obtain specific assurances not have a history of documented humani- ances,’’ Washington Post, November 20, 2003 from the receiving country that it will not tarian abuses)? [hereinafter Washington Post, Nov. 20, 2003]; torture the individual being transferred to c. What is the standard applied by the ad- ‘‘Top Justice Aide Approved Sending Suspect that country.’’ The November 20 Washington ministration in determining whether to de- to Syria,’’ Washington Post, November 19, Post article cited above confirms that assur- port an individual, transfer the individual to 2003. The same story states that U.S. offi- ances were obtained from Syria. What was custody at Guantanamo Bay, or to charge cials ‘‘decided to send [Arar] to Syria last the scope of such assurances? Were they pro- the individual with a crime? year only after the CIA received assurances vided to the U.S. government in writing? If Thank you for your prompt answers to from Syria that it would not torture the so, please provide a copy to the Committee. these questions. man.’’ Washington Post, Nov. 20, 2003. And If such a document is classified, please ar- Sincerely, yet, ‘‘spokesmen at the Department of Jus- range for cleared staff to view it. If the as- PATRICK LEAHY, tice declined to comment on why they be- surances were not provided in writing, please U.S. Senator. lieved the Syrian assurances to be credible.’’ explain why written assurances were not f Id. sought or provided. Mr. Arar claims that he was, in fact, tor- 6. What steps did the United States after LOCAL LAW ENFORCEMENT ACT tured while in Syrian custody. The Syrian Arar’s rendition to assess compliance with OF 2003 government has denied that Arar was sub- the assurances provided by Syria in this jected to torture, but statements from U.S. case? Mr. SMITH. Mr. President, I rise officials contradict that assertion. In a No- 7. Is the statement of an unnamed official today to speak about the need for hate vember 15 New York Times article, ‘‘Amer- above that Arar ‘‘confessed under torture’’ crimes legislation. On May 1, 2003, Sen- ican officials who spoke on condition of ano- accurate? If so, then Syria’s actions violated ator KENNEDY and I introduced the nymity,’’ were quoted as saying that Arar the assurances provided to the U.S. before Local Law Enforcement Enhancement Arar’s rendition. What has the U.S. done (a) ‘‘confessed under torture in Syria that he had Act, a bill that would add new cat- gone to Afghanistan for terrorist training, to investigate such non-compliance and (b) named his instructors and gave other inti- to hold Syria accountable for such viola- egories to current hate crimes law, mate details.’’ ‘‘Qaeda Pawn, U.S. Calls Him. tions. sending a signal that violence of any Victim, He Calls Himself,’’ New York Times, 8. Under U.S. law, non-citizens who express kind is unacceptable in our society. November 15, 2003 (emphasis added). I find concerns about torture if removed are enti- One such crime occurred in Passaic, this statement to be shocking in light of the tled to an evaluation of their claim before NJ, in August, 1999. Kareem Wash- administration’s assertions that it acted being removed. Under the specific regula- ington, a gay man who sometimes within the scope of its international treaty tions that were likely applied to Mr. Arar’s removal, there is an explicit prohibition dressed in women’s clothing, was obligations. stabbed multiple times and left to die Mr. Arar claims to have stated repeatedly against returning someone to a country to his U.S. interrogators that he feared tor- where there are substantial grounds for be- in an industrial area in Passaic. Police ture at the hands of the Syrian government. lieving he would be subject to torture. What were unsure of the motive for the mur- Whether or not Mr. Arar had ties to terrorist process was used, if any, to evaluate the der, however, the victim’s wallet was organizations, as is alleged by U.S. officials, likelihood that Mr. Arar would be subjected found on his body. The victim was or whether his confession was a false one to torture before removing him to Syria? wearing a skirt, high-heeled shoes and 9. According to the November 5 Wash- produced by coercion, as he claims, he was stockings at the time he was killed. subject to the legal protections provided by ington Post article cited in question 3, nu- merous unnamed intelligence officials have I believe that Government’s first the Convention Against Torture, which the duty is to defend its citizens, to defend United States has ratified. admitted to the press that renditions have The statements by Mr. Arar and the occurred, purportedly under a ‘‘secret ren- them against the harms that come out unnamed sources in ar- dition policy.’’ This policy was described as of hate. The Local Law Enforcement ticle cited above beg the question of whether ‘‘a secret presidential ‘finding’ authorizing Enhancement Act is a symbol that can the United States has investigated Syria’s the CIA to place suspects in foreign hands become substance. I believe that by alleged non-compliance with any assurances without due process.’’ Are you aware of a passing this legislation and changing it provided to the U.S. government. This ‘‘secret presidential ‘finding’ authorizing the CIA to place suspects in foreign hands with- current law, we can change hearts and question is especially critical in light of minds as well. President Bush’s statement on November 7, out due process’’? If so, please provide a copy 2003, that Syria has left ‘‘a legacy of torture, to the Committee. If such a document is f oppression, misery, and ruin’’ to its people. classified, please arrange for cleared staff to In light of the above facts and assertions, view it. TRIBUTE TO GOVERNOR LOUIE B. I request that you provide detailed answers 10. Has the FBI or DOJ authorized or par- NUNN to the following questions: ticipated in any other alleged renditions, in- Mr. BUNNING. Mr. President, I 1. Under what specific authority was Mr. cluding interviewing and then handing sus- would like to take a moment today to pects over to intelligence officers for trans- Arar detained, first at John F. Kennedy Air- remember Gov. Louie B. Nunn of port and then at the federal detention center fer to another country? in Brooklyn, New York? 11. In its effort to fight terrorism, the ad- Versailles, KY, who passed away 2. Is it true that Mr. Arar was denied ac- ministration has focused on individuals who Thursday, February 5, 2004. Louie was cess to counsel, as he claims? have connections to Al Qaeda that need to be elected Governor of Kentucky in 1967 3. An intelligence official is quoted in a No- further explored, and has argued that it has and was a pillar of strength in the Re- vember 5 Washington Post story as saying, the right to detain and interrogate prisoners publican Party for half a century. ‘‘The Justice Department did not have in Guantanamo Bay, perhaps as unlawful Looking back through the history of enough evidence to detain him when he land- combatants or enemy combatants, as long ed in the United States.’’ ‘‘Deported Terror ‘‘as it is necessary to help win the war the Commonwealth, I can say that he Suspect Details Torture in Syria,’’ Wash- against the Al Qaeda network and its allies.’’ was truly the education Governor. ington Post, November 5, 2003. It has also Washington Post, ‘‘‘High Court Will Hear Louie was a champion of the education been reported that U.S. officials were in con- Appeals From Guantanamo Prisoners,’’ No- system in Kentucky. He raised the tact with Canadian authorities regarding vember 11, 2003. Notwithstanding my con- standards of education for all, but fo- this case. Given that Mr. Arar, a Canadian cerns about the legal status of those de- cused his efforts on those people who citizen, resides in Canada and was traveling tained at Guantanamo, and the administra- too often fell through the cracks in the home to Canada when he was detained at the tion’s treatment of enemy combatants in system. airport, why did the officials choose not to general, it would seem that Mr. Arar fit the turn Arar over to Canadian authorities? classic administration profile for someone He also was an advocate for mental 4. Did you become aware of Mr. Arar’s case who should be detained in Guantanamo. Pre- health issues. People used to put any- at any point between his detention on Sep- sumably, Mr. Arar would have been safer in one with a mental health problem in a tember 26, 2002, and October 7, 2002, the date detention at Guantanamo Bay than in Syria. shoebox and write them off, but Louie

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