Canada Must Act to Stop Impunity

Disclaimer: This letter represents the author's personal opinion and not necessarily that of Amnesty International:

Victoria BC Canada
24 May 2007

N.C.O. in Charge Federal Policing Section
A Division Federal Investigation Unit
Royal Canadian Mounted Police
155 McArthur Avenue, room 609
Vanier, Ontario, Canada K1A 0R4
fax (613) 993-2628

Dear NCO in Charge:

Further to my letter dated the 4th of April 2007, the 19th of September 2006, and the 19th June 2006, I continue to await your decision about starting a criminal investigation into the removal from the US, and torture in Syria, of Mr. Maher Arar. It seems clear that Mr. Mahar Arar’s case demands the RCMP to proceed with criminal prosecution.

As you know one of the Interdepartmental Operations Group (IOG) responsibilities is to guarantee that Canada complies with its international obligations including the investigation, prosecution and extradition of those involved in crimes against humanity.[1] Would this situation not be a crime against humanity and is Canada not obliged by our own laws and regulations to proceed?

I have learned that Article 5 of the UNCAT requires Canada to “take such measures as may be necessary to establish its jurisdiction” over crimes against humanity even if they occur outside our country. [2] Wouldn’t Article 5 and our international obligations apply in Mr. Arar’s case?

I understand that the Canadian consul in Syria as well as the victim himself know who the torturers are, since the suspects were present during interviews between the consul and Mr. Arar.

It is also evident that when charges have been laid, Canada can seek Interpol's help in bringing the torturers to Canada to answer for their crimes. Interpol has been supporting member countries and the ad hoc International Criminal Tribunals in seeking and apprehending criminals wanted for genocide, war crimes, and crimes against humanity since 1994. [3]

Mr. Arar and his wife Dr. Monia Mazigh have displayed courage, dignity, and strength. Now it is the RCMP and the Government of Canada’s turn. Thank you for your help.


With best wishes,




Ken Agar-Newman

[1] Government of Canada.Fifth Annual Report Canada's Crimes Against Humanity and War Crimes Program 2001-2002 OVERVIEW OF OPERATIONS, MANDATES AND STRUCTURE Interdepartmental Operations Group. Accessed 3.4.07 http://www.cic.gc.ca/english/pub/war2002/section03.html#a

[2] UN Convention Against Torture. .http://www.ohchr.org/english/law/cat.htm Accessed March 8 2007
[3] Interpol. Genocide, War Crimes, and Crimes Against Humanity The Investigation and Prosecution of Genocide, War Crimes, and Crimes Against Humanity accessed 3.4.07 http://www.interpol.int/Public/CrimesAgainstHumanity/default.asp