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Officials' actions contributed to men's torture

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Canada AM: Kerry Pither, author of 'Dark Days'
CTV News: Graham Richardson covers the findings
CTV Newsnet: Steven Skurka, CTV legal analyst on precedent setting report
CTV Newsnet: Frank Iacobucci, former Supreme Court judge, explains his report
CTV Newsnet: Iacobucci takes media questions about the validity of the evidence transferred by Canadian authorties
CTV Newsnet: Iacobucci on why he wasn't able to conclude whether Canadians 'directly' contributed to the detention
CTV Newsnet: Three Canadian victims of torture respond to the report and say the road to a full apology has just begun
CTV Newsnet: Breese Davies, lawyer for Muayyed Nureddin, one of the three men named in the report
CTV Newsnet: Stockwell Day, Public Safety Minister, comments on the report and says that no Canadian official commited any wrongs
CTV Newsnet: Stockwell Day responds to questions from the media and addresses the severity of the report

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CTV.ca News Staff

Date: Tue. Oct. 21 2008 6:22 PM ET

The actions of Canadian officials made an indirect contribution to the torture of Arab-Canadian men in Syria, a federal inquiry says.

Former Supreme Court judge Frank Iacobucci made the finding in a 548-page report released Tuesday into the cases of Arab-Canadians Abdullah Almalki, Ahmad El Maati and Muayyed Nureddin.

"I do not conclude that any mistreatment resulted directly from any actions of Canadian officials," Iacobucci told a news conference. "I find, however, that mistreatment resulted indirectly from several actions of CSIS and the RCMP, and that these actions were deficient in the circumstances."

Robert Fife, CTV's Ottawa bureau chief, told Newsnet that the report "says the Canadian government shared intelligence with a state known as a torture state. And these men were arrested by Syrian authorities on the basis of intelligence supplied by Canadian intelligence."

The three men say they were wrongly labelled as terrorists by the RCMP and Canadian Security Intelligence Service. As a result, they were detained and tortured during visits to Syria.

However, they were all released without charge.

They have denied any terrorist links and blame Ottawa for tipping Syria about their travel plans and providing questions to their captors.

Iacobucci said there's no evidence any government official acted maliciously.

"It is neither necessary nor appropriate that I make findings concerning the actions of any individual Canadian official, and I have not done so," Iacobucci said.

The men's claims are very similar to the story of Maher Arar, an Ottawa computer engineer arrested in the U.S. in 2002 and deported to Syria.

Here are the timelines of the three men's detention:

  • Almaki, an Ottawa communications engineer, was detained in Syria in 2002 and held for 22 months.
  • El Maati, a Toronto truck driver, was arrested in Syria, then transferred to Egypt. He spent 26 months in prison.
  • Nureddin, a Toronto geologist, was arrested in Syria in December 2003 after crossing from Iraq. He was held for 34 days.

The RCMP had been investigating Almaki and El Maati as part of the same anti-terrorist operation that ensnared Arar. CSIS had questioned all three men.

Almalki said after the report's release that "the RCMP made my life hell."

He said the report shows how the Canadian government and security officials threw around labels about the men that were completely inaccurate. Their lawyers added the report confirmed that the men were inaccurately described as "Islamic terrorists." They also said officials used descriptors such as "imminent threat" with insufficient information.

"My life has been ruined, my reputation has been ruined ... based on (inaccurate) information," Almalki said at a press conference with El Maati, Nureddin and their lawyers.

He said "enough is enough" and the government should issue an apology immediately. He said he still has physical and mental injuries from his detainment, adding that he will "never be the same."

All three men said the report clearly shows they were tortured during their detainment. Now, they want to know if anyone is going to be held accountable.

"Canada knows I was tortured. Canada knows that the information was wrong. This is good news for me. Now, we wait to see what the government has to say," El Maati said.

Lawyer Barb Jackman said the RCMP did not take sufficient steps to make sure the men's information -- and the labels used to describe them -- was accurate before passing it on to foreign governments.

In December 2006, the federal government appointed Iacobucci to investigate the claims. Iacobucci said his mandate wasn't to examine whether the men were fairly or unfairly targeted, but to examine the conduct of government officials.

Unlike the inquiry by Justice Dennis O'Connor into the Arar case, the vast majority of the Iacobucci inquiry was carried out behind closed doors, purportedly to safeguard national security.

O'Connor exonerated Arar in a report released in the fall of 2006. Arar would eventually be given $10 million in compensation.

At a press conference after the Iacobucci report's release on Tuesday, Public Safety Minister Stockwell Day said many of the "deficiencies" that led to the men's detainment have been addressed.

"The recommendations of Mr. O'Connor have been followed," he said.

"Had those recommendations been in place at the time, the outcome with these three people may not have occurred."

Day said deficiencies have been addressed with:

  • Extra training
  • Better communication between departments
  • Better communication between government ministers

"I think (this is) more a case of good people acting with deficient procedures and deficient policies," Day said, noting that "this isn't a matter of pointing fingers."

Day wouldn't comment on whether or not the men would receive compensation.

With files from The Canadian Press

Comments are now closed for this story

Glenn in Winnipeg
said

How many more of this type of payola will come out of the woodwork? You knew that after the RR settlement of $10 MM, there had to be more.

The FN school settlements pale by comparison.

As a taxpayor, is it not cruel and unusual punishment to pay taxes for 40 - 50 years and then only receive a $1000/month CPP payment? Such payment leaves the tax payor on the threshold of NOT being able to rerire with dignity?

The First in and last in get the bonus while the rest of the taxpayor group gets the shaft.

Someone please stop the madness.


London, Ont
said

Please give some credit to the RCMP and CSIS...the people complaining about this would be the first to bash the government if there guys mounted a terrorit attack. The authorities are damned if they do and damned if they don't.


Ross Creighton
said

This is never ending,here we go again how many millions this time?


Peter - Toronto
said

Im of the opinion that if Canadian Officials sneezed they would somehow be responsible. Might as well start writing blank cheques to many of these people as we have so much tax payers money to throw around.

For once Id like to see these allegations of torture proven. Instead of just throwing money at it.

Canada - the land of opportunity indeed.


Judy
said

Released without charge.
Guilty of nothing, yet maligned by their own government???
Perhaps they should change their last names to Smith or Jones.


MHB
said

Wake up Canadians and feel some responsibility!. These people were taken from their families and then sent with the full cooperation of our RCMP and CSIS to be tortured overseas. They were simply targeted because of their religious and ethnic backgrounds!. We should all be ashamed that our security institutions went so low!. Believe me if anyone was tortured for one day, no amount of money can compensate him because he becomes a human wreckage!. I feel really disgusted at the comments talking about the cost to Tax payers and not about the crime committed against these innocent people!.


PB - Keswick
said

Im not sure what "indirect" mounts to. It appears that if law enforcement or CSIS even do their jobs they are on the hook for something. This is just getting ridiculous.

If it isnt tasers or malicious presecution, its allegations of torture.

If I were to read and/or it was shown to me that any of these agencies were to intentionally or criminally take part in having these ppl removed and tortured (proven torture that is) I may agree. As it stands Im fed up with commissions and inquiries.

Let the payouts begin!


summer2008
said

Canada requires a truly dedicated intelligence agency, where as CSIS and the RCMP, are here for the UK and the share corporate interest of the US.

Enough is enough.


Connie
said

This was a review conducted by a former supreme court judge. We should all take this seriously and with great concern. While it is easy for us to shoot the messenger so we can deny responsibility, this must be addressed. I know it may cost us a dollar and many of you see the dollar as more important than people.


Eric S. Smith
said

So here we have Canadian law enforcement playing incompetent spy games with the lives of random civilians and all you clowns can come up with is a series of incoherent rants about imaginary settlements?

Maybe you should be a little more angry at the would-be superspies who keep framing Canadians.


KH Calgary
said

Maybe we should just stop investigating people for terrorsit activity so that we don't hurt anyone's feelings. Then at least we'll have a good reason to point the finger when there is a terrorist attack in Canada.


What is wrong with you people ...
said

To all those that want proof that they were tortured please visit Syria and punch a cop in face. You’ll be burnt, beaten and locked up for a while. When about 20 or so months have passed you will be released. Trust me; there won’t be any burnt marks or open wounds by then. Then someone like you will comment that I want a proof.

Here at home, those children that were molested in school, churches and sport stadiums have come after years have past away to claim they were abused, you should go and tell them too, where is your proof! Do the same for sexually abused women!


A2J Windsor
said

How do we know they were actually tortured?

When we think of tortured, we think of people being slapped/punched. Bruises, cuts that will go away or leave such a minimal mark behind that noone will ever know what it was from.

That’s not what torture means some countries. The types of torture used in Syria are fairly well known.

In 1 method, the
officials have them stand on
a chair & grab on to the bar, then remove the chair, leaving them suspended a couple of feet above the ground. After a few hours, your hands become numb. If you fall, you get beat with a whip. A few more hours after that, it starts to rub through the skin of your hands. You fall. They beat you. You get back up. But eventually, the skin of your hands has been worn through. There’s nothing left for you to hold on with. Every time you grab the bar, the pain is excruciating, you can’t maintain your grip, so you fall again. And again. And again. The scars on your hands from the bar are unmistakable. So are the whip marks.

Then there’s electrical whips: electrical cords with the wires exposed so that when they hit you you get an electrical shock through your entire body. Whip marks followed by burn likes are pretty indicative of torture.

Then there’s the tire. A tire is placed around you so that your feet and head are poking out the top of the tire. Your back and legs are in a V-position below the tire. Then comes the whip. If you’re lucky, it’s the regular whip. Otherwise, it’s electrical. When they’re done whipping you, they leave you in the tire for hours.

Even if you & I don't recognize what these types of scars look like, medical expert do.


A2J Windsor
said

What does indirect mean?

It means that CSIS was investigating these men for terrorist connections. These men went abroad (some because they felt they were being pushed out of Canada). CSIS told Syrian officials that they were under investigation & the Syrians detained them. CSIS provided the Syrians with questions to ask them. The Syrians tortured the men in order to get answers out of them. If the men didn't know the answer or if the Syrians didn't like the answer, they tortured them some more. They then left the men alone in their cells for awhile. CSIS then sent over follow-up questions, despite knowing that the questioning would involve torture (this was proven in the Arar inquiry). The Canadians were responsible for the torture. They gave the motive repeatedly for the torture, knowing full well that torture would be involved.

Well, they were under investigation for terrorist connections so they must have done something wrong, right?

Canadians believe in innocent until proven guilty. Noone has proven that they did anything wrong.

We don’t know why all of them were under investigation, but one of the men has been telling his story publicly. He was being investigated because CSIS was investigating someone else. CSIS had someone under surveillance due to a suspicion that that person knew terrorists (not was a terrorist himself, but knew terrorists). The person under surveillance went for coffee with Arar. They went for a walk while drinking their coffee. CSIS found it suspicious that they were walking & talking in the rain. If walking in the rain is a crime, all Canadians should be arrested. Could you imagine being arrested for knowing someone who might know a criminal? I think we'd all end up in jail. But at least we wouldn't be tortured... Unless of course we travel abroad.


L
said

Remember that it wasn't Canada that decided to torture these men, please put the bulk of the blame where it lies, on those who tortured these men. Everyone knows that when you go to certain countries there is a risk that you could somehow get caught up in their justice system and that it does not work like the Canadian system. The report says there was no direct cause, and CSIS and the RCMP are here to protect Canadians, they were not being malicious, I think that part of the report needs to be remembered.


MHB
said

To KH Calgary: By all means, we should continue to investigate any suspecious activities. But this never means that we conspire with dictatorships to torture our own citizens overseas just because we have a remote suspecion of their activities!. We should all remember the golden rule of justice that bigots want us to forget: any suspect is innocent until proven guilty before a court and not through torture!.


Paul
said

MHB said
"Wake up Canadians and feel some responsibility!. These people were taken from their families and then sent with the full cooperation of our RCMP and CSIS to be tortured overseas."

Uh no. These men all left their families and travelled to Syria of their own free will. The Syrians arrested them and allegedly tortured them or sent them to another country where they were allegedly tortured. Canada's involvement amounted to saying the men had been investigated in this country as terrorists. We never tortured them, nor did we tell Syria they should be tortured. We owe them nothing. If you don't want to be tortured, stay out of Syria.


Gordo Mc
said

To MHB and Eric S. Smith:

Thanks for your rational thoughts amid a sea of bigotry and incoherence. It appears that many Canadians feel it doesn't matter if our police and agencies and the state are involved in fabricating evidence against the "enemy du jour." These are likely the same knee-jerk reactionists who are appeased by the Harper "get tough on crime" approach to the justice system. Look how well things are working out south of the border, both for the "tough on crime" approach as well as the "unlawful combatants" at Guantanamo Bay.


DLD Victoria
said

If we must give them taxpayers money should there be a sum which represents the monies lost from employment (fair market value for the profession they were in)? Plus maybe 50,000 for pain and suffering? There had to be some reasoning for them to be suspects. No?


Prof. Pye Chartt
said

Does anybody actually READ news stories anymore...or does everybody simply glance over the details and then form a boldface opinion?

"Iacobucci said his mandate wasn't to examine whether the men were fairly or unfairly targeted, but to examine the conduct of government officials."

Naturally, the men in question have denied any terrorist links. Big shocker.

Based on the available facts, then, how is it that some people are labeling CSIS and the RCMP as reckless, malicious, and racist government dogs who can never be trusted?

Really?! Call me crazy, but I take comfort in knowing that our federal intelligence services actually bother to identify and track possible terrorists in light of all the apologetic clowns who are afraid of someone getting offended.

Since when is a vicious conspiracy behind every committed error?

If my government plans to dole out some serious dough to these men, I'd like to hear what intelligence we had on them. That will help me decide how I feel about lining their pockets.


Peter from Ottawa
said

I am in full agreement with you KH from Calgary. The authorities should stop investigating terrorism and see where that leads us. These gentlemen traveled to Syria during difficult times and faced serious difficulties. (so they claim). I certainly do not condone what allegedly happened to them but it is difficult to swallow that it is always Canada's fault. I think I deserve a cheque for my losses in the stock market during the last few weeks as I am sure someone in this country had a hand in it. Give me a break!!!


Peter - Toronto
said

re: Prof. Pye Chartt

Well said!

Im already reading comments suggestiong there was some malicious criminal conspiracy involved. So typical.

I recalled reading an article regarding Arar that suggested the RCMP and CSIS had manufactured evidence and if anyone took anytime to read the report you would have realised this wasnt the case at all. It was simply a matter of procedure and how information was shared which cost the Candian taxpayers a cool 10 million.




Alexander M
said

Interesting. I had no idea all our criminal investigations were being conducted in Syria these days.


Gordo Mc
said

To Prof. Pye Chartt:

Since when is a vicious conspiracy behind everyone with an Arabic-sounding name? Also worth bearing in mind is that when this all happened, Canada, like many nations, was tripping all over themselves to play nice with the US right after 9/11. You remember, the whole "you're either with us or you're against us" mentality. I am not surprised that there is a strong whiff of appeasement to the US War on Terror with the use of scanty evidence. Of course I'm not suggesting direct maliciousness, but it's easy to dissociate onself from the impact of your actions upon the life of another, especially in light of the prevailing political climate of the day. Wrong is wrong, no matter how you try and colour it or justify it.


Richard from Ontario
said

I'm am a bit concerned that this business of being suspected of terrorism and then travelling to a country that is known for torturing people, is becoming all too common. Our security forces are then blamed for following up with the situation.
We are then expected to hand these individuals big payouts as an apology.
Sorry, if you follow the law here and are falsely accused then I will feel for you and apologize.
Let's not make this huge payout thing a habit and entitlement...




MHB
said

To Paul: Uh yes!. Let me tell how this worked because I read about this story many times before. These people were traveling to visit relatives overseas. CSIS then winks to the "torture experts" in the Syrian/Egyptian governments that we want these guys interrogated "in your own way". This is what is meant by "Indirect" involvment. We never really tortured them by our own hands but we gave the hints for them to be arrested and tortured. What you are saying is exactly analogous to hiring a professional killer to kill someone else and then pretend that you are innoceont because you did not kill with your own hands!. What type of court would accept this illogical claim?.


ARJAY
said

I'm sickened by the poor reasoning and lack of compassion shown by some posters here. Whenever you begin cooperating with evil, you become evil yourself.

Canadian authorities ought never to have given names, even of suspected terrorists, to Syria, knowing exactly what they were condemning these men to. If we are complicit in this kind of behaviour, then we have lost what it is about us that gives us the moral high ground over the terrorists. If we are willing to surrender our basic humanity in order to work with people like the Syrians, then we have no claim to combating terror- we become terrorists ourselves.

And please don't tell me that the ends justify the means - no they don't. That's exactly the same argument that the Nazis used.

And it's the same kind of limited, right-wing thinking that supported Hitler's atrocities that I see reflected in the foolish comments of some posters here. It's the thin edge of the wedge folks. We are losing our democratic principles in order to protect them.

I believe it was Ben Franklin who said "Those who exchange their freedom for security deserve neither."


KD
said

To me it seems pretty straightforward. Did our security services request that Syria detain these three. If they did and don't have any evidence to back it up then unfortunately Canda is on the hook here but that to me would be direct involvement. If however the "indirect" involvement means that the Canadian intelligence agency did not request the arrest/detainment but was only involved in providing background information, passport information, then these three need to be asking Syria for compensation.


Eric in China
said

This is the first part of a multi-million dollar settlement. I find it unbelievable that anyone can blame Canada for the actions of other governments. We have absolutely no control over them nor do we make their decisions.


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