A New York appeals court on Monday rejected a lawsuit by a Canadian man whom the US accused of terror links and deported to Syria, where he says he was tortured.
The closely watched case was brought by Maher Arar, who sought damages from the US government in connection with his 2002 deportation from a US airport to Syria.
But the appeals court ruled in a seven-to-four decision that they did not have the authority to intervene in the case.
Arar, an engineer of Syrian origin, was arrested during a stopover in New York in September 2002 on the basis of information provided by Canadian police, who believed he was involved in terrorism.
He was deported to Syria and held for a year, during which time he says he was tortured.
He has been cleared of all charges by the Canadian government, which issued a formal apology and substantial compensation to Arar for having passed along incorrect information to US authorities.
Arar has sought the same from the US, arguing he was a victim of “extraordinary rendition,” a process in which terror suspects are transferred to foreign countries for harsh interrogations.
But the appeals court ruled on Monday that it was not authorized to intervene in the case.
“If a civil remedy in damages is to be created for harms suffered in the context of extraordinary rendition, it must be created by Congress, which alone has the institutional competence to set parameters, delineate safe harbors and specify relief,” the court wrote.
“It is for the executive in the first instance to decide how to implement extraordinary rendition, and for the elected members of Congress — and not for us as judges — to decide whether an individual may seek compensation from government officers and employees directly or from the government, for a constitutional violation,” the ruling added.
Since taking office in January, US President Barack Obama has pledged to end the use of extraordinary rendition for interrogation purposes, a practice developed by former president George W. Bush’s administration after the Sept. 11, 2001, attacks.
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