Judge turns his head away from a wrongfully detained and tortured Syrian-born Canadian

Mr. Arar, a 35-year-old software engineer was detained at Kennedy Airport in 2002 while on his way home from a family vacation. He was held in solitary confinement in a Brooklyn detention center and interrogated without proper access to legal counsel. Finally, he was shipped off to a Syrian prison. There, he was held for 10 months in an underground rat-infested dungeon and brutally tortured because officials suspected that he was a member of Al Qaeda. All this was part of a morally and legally unsupportable United States practice known as "extraordinary rendition," in which the federal government outsources interrogations to regimes known to use torture and lacking fundamental human rights protections.

The maltreatment of Mr. Arar would be reprehensible — and illegal under the United States Constitution and applicable treaties — even had the suspicions of terrorist involvement proven true. But no link to any terrorist organization or activity emerged, which is why the Syrians eventually released him. Mr. Arar then sued for damages.

The judge in the case, David Trager of Federal District Court in Brooklyn, did not dispute that United States officials had reason to know that Mr. Arar faced a likelihood of torture in Syria. But he took the rare step of blocking the lawsuit entirely, saying that the use of torture in rendition cases is a foreign policy question not appropriate for court review, and that going forward would mean disclosing state secrets.