Search results

In one of the first suits filed before the US courts challenging the US practice of 'extraordinary rendition', Syrian-born Canadian national Maher Arar lodged a complaint in January 2004 arguing that his civil rights had been violated. In 2002, Arar was detained by immigration officials at a New York airport while travelling home to Canada from Tunisia. Following a period of solitary confinement, Arar was deported to Syria where he was allegedly tortured before making false admissions of terrorist activity.

On 16 February 2006, the US District Court dismissed Arar’s claims, finding that national security and foreign policy considerations prevented the Court from holding US officials liable, even if the ‘extraordinary rendition’ violated international treaty obligations or customary law.

Hafsat Abiola filed a complaint against General Abdulsalami Abubakar claiming that he is responsible for the death of her parents, Chief MKO Abiola and Kudirat Abiola. In particular, she claimed that as Chief of Defence Staff under Sani Abacha’s military rule (November 1993 – June 1998), and as President of Nigeria (November 1998 - May 1999), General Abubakar was responsible for torturing her father and keeping him in inhumane conditions, as well as for denying him access to a lawyer. In addition, she claimed that the regime is responsible for the death of her mother, who was threatened and killed following a campaign for the release of her husband.

In 2001, General Abubakar was served with summons when he visited the United States.

On 28 September 2007, the District Court for the Northern District of Illinois, Eastern Division, imposed a sanction on the defendant for his failure to appear for deposition. The sanction was an order declaring that the allegations of the plaintiffs had to be taken as established.

In one of the first suits filed before the US courts challenging the US practice of 'extraordinary rendition', Syrian-born Canadian national Maher Arar lodged a complaint in January 2004 arguing that his civil rights had been violated. In 2002, Arar was detained by immigration officials at a New York airport while travelling home to Canada from Tunisia. Following a period of solitary confinement, Arar was deported to Syria where he was allegedly tortured before making false admissions of terrorist activity.

On 16 February 2006, the US District Court dismissed Arar’s claims, finding that national security and foreign policy considerations prevented the Court from holding US officials liable, even if the ‘extraordinary rendition’ violated international treaty obligations or customary law. 

The Court of Appeals for the Second Circuit affirmed the judgment of the District Court. It held that adjudicating Arar’s claims would interfere with national security and foreign policy. In his partial dissent, Judge Sack found that this provides federal officials with licence to “violate constitutional rights with virtual impunity”. The Court of Appeals also found that as a foreign national, Arar had no constitutional due process rights.

The Court of Appeals for the Second Circuit, this time sitting en banc (before all judges of the court), dismissed Arar’s claims for damages on the grounds that it rests upon the Congress to decide on whether such a civil remedy can be made possible and it is not the duty of the judges to decide on whether compensation could be sought.

Emmanuel Constant was born on 27 October 1956 in Haiti. He was the founder of the Revolutionary Front for the Advancement and Progress of Haiti (FRAPH), a death squad that terrorised supporters of Haitian president Jean-Bertrand Aristide who was overthrown in September 1991. Members of the FRAPH killed, put in prison, and abused supporters of President Jean-Bertrand Aristide during the military regime that ruled Haiti between September 1991 and October 1994. Constant, as the leader of FRAPH, was convicted and found guilty for crimes committed during the military regime. He was ordered to pay $19 million in damages to three women who survived the crimes committed under Constant’s control.

Colonel Abdi Aden Magan, the defendant, was a member of the Marehan sub-clan of the Darod clan and held high positions (as Colonel and Chief) at the National Security Service (NSS) of Somalia. The plaintiff, Abukar Hassan Ahmed, was a human rights attorney and law professor at the Somali National University. He was detained at the NSS for approximately three months. During his detention, he suffered severe physical and psychological injuries.  Ahmed claimed that, as a Chief of NSS Investigations, Colonel Magan was responsible for ordering and participating in his interrogation and torture.