THE BURNED OVER DISTRICT

Bob Herbert takes a look at the shameless ruling that closed off legal action for a shameful act, the rendition and torture of an innocent man.

Mr. Arar's case became a world-class embarrassment when even Syria's torture professionals could elicit no evidence that he was in any way involved in terrorism. After 10 months, he was released. No charges were ever filed against him.

Mr. Arar is a 35-year-old software engineer who lives in Ottawa with his wife and their two young children. He's never been in any kind of trouble. Commenting on the case in a local newspaper, a former Canadian official dryly observed that "accidents will happen" in the war on terror. The Center for Constitutional Rights in New York filed a lawsuit on Mr. Arar's behalf, seeking damages from the U.S. government for his ordeal. The government said the case could not even be dealt with because the litigation would involve the revelation of state secrets.

In other words, it wouldn't matter how hideously or egregiously Mr. Arar had been treated, or how illegally or disgustingly the government had behaved. The case would have to be dropped. Inquiries into this 21st-century Inquisition cannot be tolerated. Its activities must remain secret at all costs.

In a ruling that basically gave the green light to government barbarism, U.S. District Judge David Trager dismissed Mr. Arar's lawsuit last Thursday. Judge Trager wrote in his opinion that "Arar's claim that he faced a likelihood of torture in Syria is supported by U.S. State Department reports on Syria's human rights practices."

But in dismissing the suit, he said that the foreign policy and national security issues raised by the government were "compelling" and that such matters were the purview of the executive branch and Congress, not the courts.

He also said that "the need for secrecy can hardly be doubted."

Under that reasoning, of course, the government could literally get away with murder. With its bad actions cloaked in court-sanctioned secrecy, no one would be the wiser.

Just like we were some damned banana republic.