Toronto Star : Toronto man haunted by U.S. jail nightmares

Toronto man haunted by U.S. jail nightmares

Former Algerian air force lieutenant jailed for 5 years says Canada's decision to transfer him to the United States after Sept. 11 attacks was illegal

Isabel Teotonio | Staff reporter | February 29, 2008

Benamar Benatta rarely sleeps more than three or four hours a night.

The 33-year-old former Algerian air force lieutenant still spends nights wondering why Canadian officials transported him across the border on Sept. 12, 2001 then handed him to American authorities. And, of course, there are recurring nightmares of five years spent in U.S. jails, despite being cleared by the FBI in November 2001 of having any links to the 9/11 attacks.

The Toronto man can still hear the taunts from jail guards who called him a terrorist; can still hear the jingle of keys as guards entered his cell every half-hour, waking him from a fitful slumber.

"I'm not the same person I used to be before Sept. 12, who was full of life and full of spirit," said Benatta, whose feet and hands bear scars from his time in jail. "It's like they've marked me for the rest of my life. It wasn't only five years of detention – what they did to me will hurt me the rest of my life," said Benatta, who was granted refugee status in November.

Benatta's story became a minor cause celebre in the U.S., but his fight to have the Canadian government probe his case, isn't well-known north of the border. That's why he is scheduled to speak tonight at the Noor Cultural Centre.

"He is the first and only known case of Canada effecting an extraordinary rendition – an illegal transfer of a person from one legal jurisdiction to another outside the scope of law," said Benatta's lawyer Nicole Chrolavicius.

A Canada Border Services Agency spokesperson refused to comment yesterday, saying the government is reviewing the allegations in a lawsuit filed by Benatta.

Benatta was raised in a middle-class family in Algeria, the youngest of 10 children. He trained as an aeronautical engineer and joined the air force in 1992, the same year the military-backed government cancelled elections to keep the opposition Islamic party from power. Conflict engulfed the nation in a civil war marked by atrocities.

Benatta watched the military crackdown and refused to participate in some acts, which landed him in prison. He also received death threats from Islamic fighters.

In December 2000, he and other Algerian officers went to the U.S. to train in aircraft technology. But when his six-month visa expired, he stayed illegally.

On Sept. 5, 2001, he decided to seek asylum in Canada. Officials spotted his false identification and arrested him. On Sept. 12 he was handed over to the Americans, but he unaware of what had happened the previous day.

Benatta and his lawyer say this was an illegal transfer. There has been suggestion by the Canadian government he had withdrawn his asylum bid and returned voluntarily but no paperwork has been produced to support that claim.

Benatta was held in jail under abusive conditions documented in U.S. court filings. Although he was cleared of terror links two months later, he wasn't told, or given access to counsel, until April 2002.

He was then transferred to another prison on charges of having carried fraudulent papers. A federal judge later called the case a "sham."

Benatta was released in summer 2006 when Canada issued him a temporary residency permit, allowing him to claim refugee status, which was granted because it was determined he would be in danger if he returned to Algeria.

"I'm very disappointed about (the government's) reaction," said Benatta, who recently landed a job and got off social assistance. "When they allowed me to return, I thought they'd accept their mistake and say `Sorry.' Maybe for them it means nothing, but for someone who has been subjected to torture.... It means a lot."

Discussion starts at 7:30 p.m. at the Noor Cultural Centre. Admission: $5.