Neve points out that the recommendations of the inquiry are for the most part not implemented as yet. Also, no one was every punished for any wrongdoing or "mistakes" revealed. In fact some involved have been promoted.
As Neve points out the Iacobucci Inquiry is going on behind closed doors. Closed to everyone on the side of those in whose name the inquiry was called. THere are not even progress reports or summaries. Nada. This is what goes under the name transparency and accountability when it comes to anything involving national security even remotely.
The Arar inquiry one year later
By ALEX NEVE | 7:39 AM
It was one year ago this week that the first report from the commission of inquiry into the Maher Arar case was released. And sadly, we are still waiting for the government to take action on the bulk of the inquiry’s recommendations.
That first report provided a detailed account of the actions of Canadian police, security and diplomatic officials. It extensively catalogued the mistakes and wrongdoings on the part of Canadian officials and laid out a range of recommendations, both to ensure justice for Mr. Arar and to guard against similar tragedies in the future.
Three months later, a second report was released, in which commissioner Dennis O’Connor recommended the creation of a comprehensive oversight agency to watch over the national security activities of the RCMP, CSIS, the Canadian Border Services Agency and other departments.
One year later, action has been taken on only a handful of these valuable recommendations. Importantly, measures were taken to offer justice and redress to Mr. Arar, notably the apology and compensation offered to him and his family. There was some effort made as well to protest Mr. Arar’s treatment at the hands of other governments. Official complaints were filed with both the U.S. and Syrian governments. From U.S. authorities, though, there has been only defiance; and from Syria, silence. Clearly, a more assertive strategy and continuing efforts are needed before either of those governments will come clean. A starting point would be for the Canadian government to support Mr. Arar’s own attempt to pursue answers through U.S. courts.
Canadian officials did take action on one other important recommendation in the Arar inquiry. Last December, Public Safety Minister Stockwell Day set up a second inquiry, headed by former Supreme Court of Canada justice Frank Iacobucci, to look into the related cases of Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin. They, too, were caught up in Canadian national security agencies and, like Mr. Arar, they suffered terribly at the hands of torturers in Syria (and additionally, for Mr. Elmaati, Egypt). The inquiry is examining the very troubling questions that have arisen about the role Canadian officials played in these cases.
But the exceptionally restrictive, internal mandate given to commissioner Iacobucci requires all proceedings be conducted in camera, without the participation of lawyers for the three men or the involvement of organizations that have been granted intervenor status. It has become an agonizing process for three men who want answers, but are faced only with closed doors and secrets.
And more secrecy is certainly not what Canadians expect. Among the many important revelations to come out of the Arar inquiry was recognition of the vital role that transparency and openness must play in ensuring that abuses and mistakes made in the course of national security investigations can, and will, be addressed. The deeply entrenched culture of secrecy must give way to a commitment to accountability. A strong indication of that shift would be for the government to instruct its lawyers at the Iacobucci inquiry to urge that parts of the process be opened up to the public.
Beyond these initiatives, no other government action has been taken, nor has there been any indication of further plans to do so. When the report was released a year ago, the government unequivocally committed to act on its recommendations. At the time, Prime Minister Stephen Harper said: "We are preparing our response as quickly as possible. It is clear that Mr. Arar was the victim of an injustice, and this government intends to act."
The work of the Arar inquiry was ground-breaking, both domestically and internationally. It offered concrete guidance to governments as to how to ensure that human rights protection and the rule of law are not sacrificed in the pursuit of national security objectives. One year on, the Canadian government needs to move beyond intending to act. It is time to act. Nothing less than immediate steps to implement the entirety of the inquiry’s recommendations will do.
Alex Neve is secretary general, Amnesty International Canada.
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