ABSTRACT
This chapter focuses on the tendency of several Western governments to seek substitute means of reparation in order to prevent serious violations of human rights from being reviewed by courts. It examines some significant cases in which some substitutive form of monetary reparations was granted by governments, and compares them with others that came to a different outcome, finding an alternative forum. The chapter introduces Extraordinary renditions (ER) and provides a brief diachronic overview of this controversial practice, with the purpose of highlighting the problematic relationship between secrecy and governmental accountability. It analyses the forum Maher Arar case and underlines the debatable self-restraint of US and Canadian courts as well as the different stance of the governments of both countries. The chapter addresses the Binyam Mohamed Habashi case and underlines the differences in approach of US and UK courts as well as the impact of this case on more recent situations in which courts were called to rule on ERs.
