International Law - Prohibition on Refoulement - Remedies - Maher Arar V. John Ashcroft
Bibliographic record
Abstract
The prohibition on refoulement is a fundamental human right enshrined in both customary international and law. (1) In Arar v. Ashcroft, (2) Court of Appeals for Second Circuit considered plaintiff Maher Arar's claim for, inter alia, damages under Torture Victims Prevention Act (T.V.P.A.) arising from his extraordinary rendition to Syria. (3) Arar alleged that defendants, U.S. government officials, rendered him to Syria with knowledge or intention that he would be tortured and interrogated by Syrian authorities. (4) The Second Circuit held that Arar failed to state a claim under T.V.P.A. and dismissed case. (5) On September 26, 2002, authorities at John F. Kennedy airport in New York detained Arar, a dual citizen of Syria and Canada, while he was in transit from Tunisia to Canada. (6) Arar was told that he was inadmissible to United because U.S. government had determined he was a member of al Qaeda. (7) Pursuant to this determination, Director of Regional Office of I.N.S.J. Scott Blackman, authorized Arar's removal from United without further process. (8) Although Arar designated Canada as country to which he wished to be sent, U.S. officials instead allegedly flew him to Jordan where he was handed over to Syrian officials, driven to Syria and placed in detention. (9) In Syria, Arar was allegedly held in an underground cell six feet long and three feet wide for approximately twelve months. (10) During his detention, Arar claimed that he was subjected to and psychological including regular beatings and threats of severe physical harm. (11) Arar further alleged that defendants provided Syrian authorities with information about him, suggested subjects for interrogation, and received all information coerced from [Arar] during interrogations. (12) Following his release from Syrian detention, Arar filed a civil action in 2004 against numerous individuals, including: former U.S. Attorney General John Ashcroft; Federal Bureau of Investigations (F.B.I.) Director Robert Mueller; Secretary of Homeland Security Tom Ridge; former Immigration and Naturalization Service (I.N.S.) Commissioner James W. Ziglar; Regional Director of Regional Office of I.N.S. J. Scott Blackman; and several other named and unnamed employees of F.B.I. and I.N.S. (13) Arar alleged, inter alia, that defendants acted in concert with Jordanian and Syrian officials, and under color of Syrian law, to conspire and/or aid and abet in violating his right to be free from torture in violation of T.V.P.A. (14) Arar requested compensatory and punitive damages under T.V.P.A. for violations of his international human rights. (15) The District Court dismissed Arar's complaint in August 2006. (16) On appeal, Second Circuit Court of Appeals upheld District Court dismissal of Arar's claims. (17) The Alien Tort Statute (A.T.S.) grants federal district courts original jurisdiction over any civil action by an alien for a tort committed in violation of law of or a of United States. (18) Torts in violation of of nations include, inter alia, torture, extrajudicial killing, war crimes, disappearance, and arbitrary detention. (19) To gain jurisdiction under A.T.S., plaintiff must show that is either self-executing and provides for a private right of action or, if is non-selfexecuting, that it has been implemented through domestic legislation. (20) Where a tort violates both the of prong of A.T.S. and treaty of United States prong of statute, plaintiffs are not barred from raising claims under either prong of A.T.S. (21) Under customary law, principle of non-refoulement prohibits from rejecting, returning, removing, or expelling an individual to a country where there is a substantial risk of facing torture, cruel, inhuman or degrading treatment, or persecution. …
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.005 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".