political prisoners: detention of muslims and their defenders
2004 ~ 2005 ~ 2006 ~ 2007 ~ 2008
lawyers threatened for defending their clients
december 4, 2003, toronto; rocco galati, canadian lawyer of abdurahman khadr (a detainee from guantanamo cuba), announced withdrawal from this case due to death threats from covert intelligence networks. update, mckenna, "al-qaeda family," cbc news online, march 4, 2004: abdurahman khadr, reveals that after his capture by the u.s. in kabul, his cia / fbi interrogators and handlers used him as an informant in pakistan, in cuba among guantanamo detainees, and in bosnia; update, june 18, 2006: under pressure rocco galati is one of canada's few outspoken defenders of the human rights of the oppressed; he has said the charter of rights is trashed by anti-terrorist legislation ("the charter at 20," joan leishman, april 19, 2006, cbc news); currently a lawyer for toronto defendants accused of terrorism he has protested their mistreatment in prison awaiting trial ("terror suspects subjected to 'torture': lawyers," ctva staff, june 13, 2006, ctv.ca).
april 9, 2002, new york; the indictment of lynne stewart (see: http://www.lynnestewart.org/), a courageous new york attorney who has represented sheik abdel-rahman (currently serving 65 years for "conspiracy to commit terrorism"); attorney general ashcroft's two original indictments against her were dismissed in court, then followed by an attempt to implicate this attorney with having "unlawful conversations," in charges carrying 40 years; trial scheduled for june, 2004; update, early december 2004, the trial continues; update, n.y.c.,feb. 10, 2005: in a verdict damaging the u.s. legal system this good lawyer was found guilty of smuggling messages from her client, and awaits sentencing; she is sixty-five ("lynne stewart guilty; faces up to 45 years in jail," by nyc imc , feb. 10, 2005)( also, "lawyer convicted of helping terrorists, " ap, abc news online, feb.10, 2005); stewart was tried with muslim co-defendants who were found guilty of crimes unconnected to issues of lawyer/client 'privilege,' privacy, duty; update, august 10, 2005: mohamed yousry was convicted feb. 10 of "providing material aid to terrorism and conspiring to deceive the government" in simply acting as a translator for ms stewart and other lawyers defending abdel rahman; without being accused of sharing abdel rahman's politics or intentions, mohamed yousry faces a possible twenty years at sentencing september 30th ("convicted of aiding terrorist, translator prepares for prison cell, still in disbelief," julia preston, august 7, 2005, new york times online); update: according to www.lynnestewart.org, ms. stewart's new sentencing date is december 22nd, 2005. update: appealed in u.s. district court, lynne stewart's conviction was upheld ("verdict vs. lawyer in terror case upheld - lynne stewart, neumeister, oct. 25, 2005, associated press); the u.s. judge ruled that with her co-defendants, ms. stewart was "not protected by the first amendment" ("lawyers conviction on terrorism charges upheld," hurtado, oct.26,2005, nynewsday.com); most reports on the decision are not mentioning the names of the muslim co-defendants; the judge's decision enforces an injustice; the same judge will be sentencing; update: new date for sentencing - march 10th, 2006 (justice for lynne stewart [access: http://www.lynnestewart.org/]); update march 15, 2006: ms. stewart remains on bail and sentencing was delayed for her medical treatment; mohamed yousry also remains on bail ("breast cancer delays sentencing of lawyer convicted in terrorism case," julia preston, march 4, 2006, the new york times); update, june 18, 2006: current sentencing date for lynn stewart is september 25th 2006; ms stewart recently stated she believes the arrests were to "keep the fear level at a high pitch" ("they want the fear level at a high pitch," june 16, 2006, socialist worker online); in general readings, mohamed yousry is considered more the victim of prejudice than a person of violence; september 27, 2006, lynne stewart's sentencing date is october 16, 2006 (see "justice for lynne stewart," at www.lynnestewart.org); october 17, 2006: the lynne stewart website announces that she has "received a 28 month sentence," but remains free on bail while the case is appealed ([access: http://www.lynnestewart.org/]); in a pre-trial interview with amy goodman ("facing up to 30 years in prison, civil rights attorney lynne stewart speaks out as she heads to courthouse for sentencing," amy goodman / lynne stewart. oct. 16, 2006, democracy now!) ms. stewart warns of a deep threat to the right to counsel; co-defendant mohamed yousry was sentenced to twenty months; ahmed abdel sattar received 24 years in prison ("lawyer, facing 30 years, gets 28 months, to dismay of u.s.," julia preston, oct.17, 2006, the new york times); by placing lynne stewart in prison the bush administration has challenged all americans who keep faith with the bill of rights; she is no longer allowed to practice law and in this way the people are being silenced.
ahmed abdel sattar, a third defendant in this case, a paralegal and postal worker who was convicted of "conspiring" to commit crimes of violence is currently held incommunicado, no calls, no visits, 24 hours/day in his cell, according to his lawyer ("breast cancer delays sentencing of lawyer convicted in terrorism case," julia preston, march 4, 2006, the new york times).
historical note: i've added a note here about abimael guzman, a leader of the shining path in peru, currently imprisoned there for life, because his case reveals what can happen to the judiciary in a 'war on terrorism'; peru had an "anti-terrorist" decree by 1992; under c.i.a. controls the attorneys for dissidents were tortured and murdered; with change in government the judicial system hasn't recovered; for example on april 22, 1997 u.s. trained peruvian commandos killed a supreme court justice along with the 14 mrta rebels who took over an embassy; currently the american lori berenson remains imprisoned in peru with courts of the americas afraid to stand up for her rights. - ed..
update of jan. 28, 2007: the u.s. government prosecution is attempting to punish a defense attorney for leaking information about his client to the news media.; see entry for jose padilla.
update of may 18, 2007; lt. cmdr. matthew m. diaz , a lawyer in the navy, was in court may 14, 2007, accused of revealing classified information - the names of guantanamo detainees; faced with long standing requirements of the geneva conventions, release of the names to a non-military attorney may have been his only legal option when the names were withheld by the u.s. chain of command; i believe his 'crime' represents the geneva conventions, the supreme court decision at the time, and non fascist application of american justice; the lawyer at new york's center for constitutional rights who received the lists from cmdr diaz, turned them over to authorities; lt. cmdr diaz faces 24 years in prison for obeying incontrovertible law that is applicable in the united states; defense and prosecution are at the mercy of an illegal administration policy; latest information reports that cmdr diaz was found guilty on may 17th; the navy has some leeway in sentencing a lawyer for honoring laws which current policy finds inconvenient (fact sources: "ex-guantanamo navy officer on trial for passing detainee info in valentine's day card," may 14, 2007, fox news; "navy lawyer found guilty of four of five charges over secret documents," kate wiltrout, may 18, 2007, the virginian-pilot with appreciation to cageprisoners.com; "'moral decision' jeopardizes navy lawyer's career," brooks egerton, may 18, 2007, dallas morning news); cmdr diaz's arrest for making public classified information was previously noted at night's lantern's guantanamo 2007 page: update may 20, 2007: the miami herald reports cmdr. diaz is sentenced to six months with full pay (us$6834/month) and dismissal from the navy; the sentence was decided by a court martial jury of officers ("lawyer gets 6 months for spilling secrets," carol rosenberg, may 18, 2007, miami herald.com; "officer gets jail time for guantanamo leak," upi, may 19, 2007, update of august 13, 2007; dennis edney, one of the lawyers for omar khadr, the canadian detainee at guantanamo, reports being terrorized by u.s. military personnel on the way home from seeing his client; he was told khadr's state of ill health was "classified;" mr. edney said they threatened with imprisonment and terrified him and searched privileged material on his computer ("canadian bar association moves to support rights of khadr," kirk makin, aug. 11, 2007, globe and mail). new prisoners of the campaign shahawar matin siraj for more information... james elshafay for more information... rafiq sabir for more information... abdelhaleem ashqar for more information... detained, abducted / disappeared, or sentenced update, may 1, 2006: sami al-arian : failing at a conviction on steeper charges the u.s. has made a plea bargain with this father of five, former professor, and islamic community leader in florida, who is finally found guilty under u.s. law, primarily for helping palestinians (ie. receive immigration benefits when associated with an organization on the attorney general's list); al-arian's family urged him to accept the plea bargain which involves his return to a country he left 31 years ago for a life in the states; the sentence also adds another year and a half to the 3 yrs 3 mos already served ( "who is dr. sami al-arian ?" free sami al-arian [may 1, 2006, access: http://www.freesamialarian.com/bio.htm]; "dr. sami al-arian's trial," free sami al-arian [may1, 2006, access: http://www.freesamialarian.com/home.htm]; "prof. gets 18 months more in terror case," mitch stacy, may 1, 2006, abc news); the university of south florida and his colleagues owe dr.al-arian an apology for not sustaining the intellectual freedom essential to his faith in america and a pursuit of justice which became a crime through political choice of the authorities; update of jan. 28, 2007: sami al-arian has started another hunger strike; his previous hunger strike lasted 140 days and required hospitalization; although the government was not able to get a conviction from a jury , a judge sentenced him to up to 18 months for refusing to give information ("dr. sami al-arian begins hunger strike," american society freedom foundation press release, jan. 23, 2007, earthtimes.org; "jailed palestinian professor begins 2nd hunger strike of prison term," "headlines," jan. 25, 2005, democracy now! "al-arian: i was double-crossed," joseph gerstein, jan. 22, 2007, the new york sun);despite a plea bargain which should have freed this florida academic from jail for time served, to deportation, his pleading guilty to assisting palestinian islamic jihad results in his remaining in prison under unhealthy conditions and being threatened with forced cooperation with government investigations; update february 8, 2007: dr, sami al-arian has entered a hunger strike in protest of harassment by the government, which is increasing his time, trying to force his cooperation with a grand jury. See "free sami al-arian" at http://www.freesamialarian.com/home.htm; update feb. 17, 2007: as he starts week 4 of his hunger strike former professor al-arian has been placed in hospital; the associated press carries his daughter's report that he is taking only "four glasses of water a day" ; once a leading palestinian activist al-arian is being punished for civil contempt, ie. refusing to give information (sources: "hunger striking jailed professor hospitalized," goodman, feb. 16, 2007, democracy now!; "al-arian transferred to prison hospital amid 24-day hunger strike," matthew barakat, ap); urgent; update march 26, 2007: the 4th u.s. circuit court of appeals has allowed the federal government to compel testimony before a grand jury investigating palestinian charities, by affirming a contempt ruling which can keep professor al-arianin prison an extra 18 months; on a water-only fast since jan. 22nd he lost 53 pounds before suspending his strike to receive the verdict ("jailed professor's hunger strike over," larry o'dell, march 23, 2007, myway.com, via jurist); this man is being persecuted; he doesn't belong in prison; his imprisonment is being used to terrorize other honest citizens, particularly those from palestine, particularly muslims; update of march 8, 2008: dr. sami al-arian is back on a hunger strike, now in its 6th day; he is in a medical unit; the government is using the tactic of calling him before a grand jury and forcing testimony which al-arian refuses to give and is then held on "civil contempt" charges; the successive hunger strikes which are damaging to al-arian's health seem a way of expressing physically the psychogical violence this intellectual is enduring; he was found guilty of no crime; the government is persecuting him as a palestinian ("dr. al-arian beings hunger strike," tampa bay coalition for justice and peace, march 3, 2008, free sami -al-arian, access: < http://www.freesamialarian.com/pressreleases/press187.html >; "continued government persecution of al-arian - update on rafil," katherine hughes, march 7, 2008, email list): update of may 9, 2008: on the 44th day of his hunger strike dr. sami al arian was transferred april 15th to portsmouth virginia from maryland; the government has not honoured its plea bargain agreement to release him april 7th; his support site points out that at the portsmouth facility one telephone call costs $25 dollars; he is to be allowed one call / fifteen days and no attorney calls; having collapsed last week, on april 28th he suspended his hunger strike in preference for life; not convicted of a crime, scheduled for deportation, it seems this man who has attempted to assert his simplest rights as a human being is being held prisoner and psychologically tortured for being palestinian ("dr. al-arian faces shocking abuse in new facility," april 16, 2008 & "dr. al-arian suspends hunger strike after 8 weeks," april 29, 2008, free sami al-arian website). update, dec. 9, 2005: ghost detainee and canadian citizen abdullah khadr , recently brought home to toronto has charged canadian officials with knowing of his torture and canadian intelligence agents with receiving information from his torture by pakistanis and americans, without freeing him ("khadr says ottawa knew of his 'torture' - canadian agents used information obtained in pakistani jail: lawyer," friscolanti and alcoba, dec. 8, 2005, national post); canadian law considers torture a crime (canadian criminal code, part viii, 269 .1, canlii); update march 15, 2006: the u.s. is attempting to extradite this man from canada to charge him with terrorism, and the canadian government is deciding "this month;" the rcmp interviewed last april and did not arrest ("the puzzling case of abdullah khadr," michelle shephard, march 8, 2006, toronto star); update march 17, 2006: yesterday an ontario superior court judge ruled the u.s. could extradite this canadian to face charges in boston, if the minister of justice agrees ("canada court rules against terror suspects," beth duff-brown, ap, march 16, 2006, the state.com ~ south carolina's homepage); additional: the massachusetts indictment feb.8 was for conspiracy, to kill american military in afghanistan, to use wmd's, etc.; if convicted sentencing could include life in prison and a fine of one million u.s. ("the khadr family," feb. 9, 2006, cbc news online); update june 18th, 2006: to the best of my understanding this prisoners is still awaiting extradition; september 27, 2006: abdullah khadr appeared in toronto court sept. 1, 2006; his hearing was set for sept 14th ("abdullah khadr makes brief court appearance," canadian press, sept. 1, 2006, ctv.ca); lack of internet news about the hearing of sept. 14th, as of sept. 27, may be a side effect of the recent arar report's difficulties with police misinformation; update may 11, 2007: abdullah khadr continues to live under the threat of deportation to trial and life imprisonment in the u.s.; previously tortured and held fourteen months in pakistan, interrogated by both csis and u.s. agents, canada's cooperation with deportation would seem to affirm its approval of this canadian citizen's torture and detention without human rights; after clarification of u.s. policies at guantanamo, statements by the u.s. administration allowing what others call torture, after revelations of fact in the maher arar case, the expectation of the use of torture in this case suggests that u.s. and canadian covert agencies need prove they were not involved, nor participants; his lawyers are asking for fuller disclosure ("lawyers for terror suspect abdullah khadr ask court for more disclosure," the canadian press, may 10, 2007, canada.com; "abdullah khadr's lawyers claim he was abused," canadian press, may 9, 2007, ctv.ca); update of may 17, 2008: currently revealed in court during the u.s. attempt to extradite abdullah khadr, when the u.s. targeted this canadian citizen in pakistan as a suspect, it paid the pakistani government half a million dollars; but exactly what for ? apparently to arrest and torture him for information ("canada knew u.s. paid $500K bounty to detain khadr: documents," canadian press, may 12, 2008, cbcnews.ca); canadian officials were informed and silent. update: lawyers for ali saleh kahlah al-marri, of quatar, filed a case against u.s. secretary rumsfeld, and brig commander hanft, aug. 8, 2005 in charleston south carolina, praying for relief from tactics of incarceration such as unrelieved solitary confinement, leg irons, applied disorientation, deprival of hygiene, lack of medical care, lack of psychological care, interrogations threatening sodomization and the rape of his wife, etc., to the extent that these comprise torture and are actionable under u.s. law, international law and the geneva conventions (breeches of geneva conventions are also a military crime); the complaint is available from human rights watch at http://hrw.org/us/us080905.pdf; al-marri, a legal resident of the u.s. was initially detained as a material witness for 9/11; the fbi then brought charges that remain unresolved without trial; al marri was allegedly threatened with harsher confinement if he didn't plead guilty and he didn't ("timeline of the al-marri case," current aug. 12, 2005, http://www.collegefreedom.org/amtime.htm); mid-trial ("usa: incommunicado detention / detention without charge/legal concern, ali-saleh kahlah al-marri (m)", august 6, 2003, amnesty international) he was declared an "enemy combatant" by george bush ("cruel confinement of 'enemy combatant' in united states," august 8, 2005, human rights watch); update of march 15, 2006: the treatment of al-marri continues to exceed the bounds of u.s. law; his brother jarallah is in guantanamo, arrested in 2001; al marri is a u.s. college graduate in business (bradley college, illinois) and was about to pursue his masters when arrested; his cell in isolation at a naval brig is nine by six; for two and a half years he has been allowed no contact with the outside (ie. "the story of the al-marri brothers," soj, feb. 13, 2006, daily kos); update april 21, 2006: al-marri remains in a charleston brig; not interrogated for over a year; no visits allowed from wife and 5 children; no hearing; the government has finally revealed some of its grievances (white collar crimes); he denies that he is a terrorist or a criminal, and has apparently no rights; illegally held in extrajudicial detention in a case mocking the progress of centuries in human rights and respect ("legal battle plods on for 'enemy combatant,'" andrew zajac, feb. 10, 2006, chicago tribune / mercurynews.com; "ali saleh kahlah al-marri," wikipedia accessed april 20, 2006); september 27, 2006: ali saleh kahlah al-marri's attorneys' request for a writ of habeas corpus from july 2004 was denied august 8, 2006 in south carolina by district judge henry floyd, basing his decision on the defense's lack of rebuttal to defense intelligence agency suspicions (info: "police blotter: alleged al-quaida hacker goes to court," declan mccullagh, sept. 22, 2006, cnet news.com); update of june 13, 2007: the 4th u.s. circuit court of appeals has ruled that the bush administration lacks authority to detain under "enemy combatant" status a "quatari national", suspect, ali saleh kahlah al marri; the reuters report makies no mention that al marri is a legal resident of the u.s.; al marri has been held under military detention since 2003, in solitary confinement ("man labeled 'enemy combatant' wins us court case," june 11, 2007, reuters alertnet; "u.s. appeals court rules against bush's enemy combatant policy," ap, june 11, 2007, globeandmail.com); this man remains in military custody; his treatment remains a serious crime; if those responsible are not prosecuted under domestic law, or under the uniform code of military justice, they will eventually become available to judgement by courts of international law.- ed..; update of august 26, 2007: on aug. 22, in richmond virginia, the federal court of appeals which ruled against the military's seizure and holding indefinitely without charge of a u.s. resident is to reconsider its ruling at the request of government; the government is arguing for denying a u.s. resident his consitutional rights and basic human rights... ed. ("federal appeals court to reconsider case of 'enemy combatant' held in u.s.," mike rosen-molina, aug. 24, 2007, jurist, with supporting documents; "court to rehear enemy combatant case," larry o'dell ap, aug. 23, 2007, yahoo! news). dr. ali al-timimi: on july 13, 2005, this american islamic fundamentalist teacher and scientist, was sentenced without parole to life plus 70 years; convicted of advising muslims to leave the U.S. and join with muslim fighting forces, the new york times describes the charges as "soliciting treason" and "abetting the use of firearms and explosives;" the prisoner maintains his innocence; n.b.: he was not charged with planning or committing any act of violence but of "inducing" others to conspire violence etc.; a defense motion for retrial due to government misconduct was denied; the case is likely to be appealed ("life sentence for islamic fundamentalist al-timini: an attack on free speech," john andrews, july 27, 2005, world socialist web site, wsws.org; "scholar is given life sentence in 'virginia jihad' case," eric lichtblau, july 14, 2005 new york times; "the sentencing," july 13, 2005, dr. ali al-timimi's support committee, http://www.altimimi.org/); update march 15, 2006:al timimi's lawyers have asked the 4th circuit court of appeals for a hearing on whether he was a victim of wiretapping without warrant; if so the government withheld evidence from the defense ("terror defendant seeks hearing to find whether he was spied on," jerry markon, jan. 10, 2006, washington post); having attended george washington university and the university of maryland, his phd was from george mason university in computational biology ("ali al-timimi," [access: march 15, 2006, http://en.wikipedia.org/wiki/Ali_al-Timimi] wikipedia). note: ahmad nafaa is a stateless palestinian whose application for refugee status was denied in 2002; he was recently detained for deportation by canadian border services (gerald and maas among many wrote canadian authorities asking a stay and review of deportation); he was turned over november 30, 2004, to u.s. officials and placed in clinton county jail, new york, then the ins detention center, buffalo, with little chance of escaping deportation to a camp in lebanon (source "stateless palestinian refugee is now in a us jail, eventually to be deported to the refugee camp! " ocap, dec.1, 2004, http://ocap.ca/node/122; listser "[nowar] ahmad naffa: last day, please call," nov. 29,2004; "caf condemns arrest of palestinian refugee in montreal," november 23, 2004, caf news release); update of march 15, 2006: please note, it is difficult to receive news of political prisoners once they are turned over to the u.s.; anyone with news of ahmed nafaa, please let us know so it can be posted here. mahmoud namini, a citizen of the netherlands born in iran was arrested in toronto on the 28th of october, 2004; the committee to free mahmoud namini says he was picked up because he was carrying a book in farsi with a revolutionary theme; the netherlands attests to his good conduct, he remains in detention : as reported by homes not bombs "detained in canada for 'suspicious' reading material," http://www.homesnotbombs.ca/freemahmoudnamini.htm, and tasc, nov. 28, 2004, email forwarding; update, according to a videotape of his release dec. 3, 2005, the copies of the book were not yet returned (weblog, dec. 4, 2004, video: http://individual.utoronto.ca/superstring/2004/12/namini-video.html). mohamed cherfi, an algerian taken from church sanctuary in quebec city by police on march 5th, 2004, was placed in the custody of canadian border security; he was surrendered to u.s. custody (source ontario coalition against poverty; source, hanes, "cops storm church,": montreal gazette, march 6, 2004); update: held in a u.s. prison cherfi's request for asylum was refused oct. 22, 2004, by an immigration judge without details to the press; supporters in quebec are trying to sponsor his refugee status in canada believing his life in danger if returned to algeria (ref. "algerian arrested in church denied asylum in u.s.," the globe and mail, peritz, oct. 23, 2004); update: the u.s. immigration board of appeals is to render its decision on possible (life threatening) deportation to algeria, before february 15th; five individuals and groups in quebec have sponsored mohamed cherfi's application for residence in canada but canadian authorities have not yet taken action; urgent; for information see: solidarity with mohamed cherfi, at http://mohamedcherfi.org/rubrique.php3?id_rubrique=5 ; from urgent: feb. 11, 2005, for mohamed cherfi; update feb.17, 2005, batavia n.y.: quebec lawyers have gained a delay until march 8th to present evidence ("cherfi obtient un dernier sursis," presse canadienne, 17 feb. 2005); update: on february 18th the application for asylum was refused by the canadian counsel, buffalo, requiring the prisoner's return to algeria where he faces imprisonment as a conscientious objector; quebec has provision to review the case as a "distressful situation" ("press release: urgent request for ministers' intervention to bring mohamed cherfi back to canada," march 15, 2005, comité de solidarité avec mohamed cherfi, nefac); to contact the committee for solidarity with mohamed cherfi: tel.: 418-262-0144; email: solimo2004@yahoo.fr ; update march 15, 2006: after delays, 12 non-status algerians in canada were found innocent of mischief when occupying offices of the immigration minister in 2003; among these, cherfi as spokeperson for the action committee of non-status algerians, was removed from church sanctuary in quebec, transferred to u.s. authorities, and after a year in prison is currently with u.s. refugee status in burlington vermont ("canada: no one is illegal newswire {february 27, 2006} - not guilty!, a-infos {en} canada); from urgent april 14, 2005: canada has refused asylum for an algerian conscientious objector; minister's intervention sought; urgent: alert for mohamed cherfi; update: june 1, 2005, granted refugee status in the u.s. which will allow his application for return to quebec canada ("mohamed cherfi wins fight for refugee status in the us," sumoud, current 12 june 2005); from urgent june 1, 2005, a montreal ap report "immigration appeals board grants algerian-born quebec man refugee status," confirmed by radio canada, states mohamed cherfi is granted refugee status in the u.s., so he will not be returned to danger in algeria; the status allows his application for return to quebec ("mohamed cherfi wins fight for refugee status in the us," sumoud current 12 june 2005). dr. rafil dhafir was arrested february 26, 2003 with three co-workers for help the needy, an islamic charity sending medical supplies and family aid to iraq; president of the islamic society of central new york state, a u.s. citizen born in iraq, dr. dhafir's arrest signaled the interrogation and intimidation of 150 mostly muslim families in the upper new york state area near syracuse; charges against him include violation of the international emergency economic powers act for iraq sanctions, money laundering, and medicaid fraud, tax evasion, and "personal use of charitable funds," which might be calculated to undermine community support; dr. dhafir is noted as a devout muslim who treated many patients for free; he was denied bail, and might be denied court appearance due to his refusal on religious grounds to be strip searched; his trial is scheduled for september 27th (see http://www.jubileeinitiative.org/freedhafir.htm); if convicted the doctor faces a fine of over 14 million dollars and 265 years in prison and each of two islamic charitable organizations he is connected with faces over 14 million dollar fines, according to the federal grand jury indictment (news release, u.s. attorney's office northern district of new york, february 26, 2003); no charges related to terrorism have been applied despite a quote from new york governor pataki in the daily news on the day of arrest, "it is again troubling to see with the arrests that occurred in syracuse today, that there are clear terrorists living here in new york state among us...who are supporting or aiding and abetting those would destroy our way of life and kill our friends and neighbors" ("the terrorism case that wasn't," feb. 29, 2004, the newstandard, http://newstandardnews.net/content/?action=show_item&itemid=165); update feb. 12, 2005: on feb. 10,2005 he was found guilty on fifty-nine counts of breaking iraq sanctions (ie. supplying medicines to the people of iraq), medicare fraud, tax evasion; his attorney, joel cohen, states "dr. dhafir was clearly targeted, clearly investigated, clearly indicted, tried, and clearly convicted because he is a muslim" (source and quote: "iraqi-american doctor convicted of violating iraq sanctions," interview, democracy now, feb. 11, 2005); update: a logjam of injustice here; for developments see free rafil dhafir at http://www.jubileeinitiative.org/freedhafir.htm; update oct. 29, 2005: on oct. 27, 2005, dr. dhafir, a u.s. citizen, was sentenced to 22 years in prison; the government prosecution "asked that dhafir's sentence be based on post-trial judicial recognition that dhafir is a national security threat" ("the case of dr. dhafir," jennifer van bergen, oct. 7, 2005, oct. 8-9, 2005, counterpunch), without presenting evidence, while charging him with a white collar crime; his lawyer is devereaux cannick ("dhafir punished with 22 years," press release oct. 27, 2005, free rafil dhafir, ibid.; see also: "ny civil liberties union: u.s. made 'inappropriate' allegations of terrorism before sentencing iraqi-american doctor rafil dhafir to prison," goodman, gewanter & halliday, oct. 28, 2005, democracy now); the destruction of this man's life and home suggests selective prosecution in the persecution of north american muslims; the persecution betrays american constitutional law, american civil rights law, and international human rights law; and it is likely dr. dhafir was targeted for persecution because his aid to the children of iraq directly countered u.s. policy implicit in the bombing of iraq in 1990, and intentional destruction of iraq's infra-structure; dr. dhafir's actions overlooking sanctions as a muslim, as a doctor, as a human being, impeded genocide of the iraqi people; he was acting without violence; u.s. federal prosecution and judiciary are likely to be outside humanity's consensus (ie. international law) in this case; any criminal aspects of the government's prosecution should be documented and complicity established in event that partial destruction of the iraqi people is eventually actionable as genocide; update dec. 1, 2005: concerning the persecution of dr. dhafir, the account of a sculptor/witness to his trial: individual responsibility and complicity [
not available]; for dr. dhafir's statement at sentencing, and updates, see www.dhafirtrial.net; update of feb. 17, 2006: new york state suspended dr. dhafir's medical license on dec. 21, 2005, and the "board for professional medical conduct" withdrew his license jan. 27, 2006 ("muslim doctor stripped of medical license in new york for illegally sending money to iraq," ap, feb. 3, 2006, findlaw); the brussells tribunal, concerned with extreme violations of international law, has made dr. dhafir an honorary member -ref. www.dhafirtrial.net; september 27, 2006: the injustices of the prosecution, trial and sentencing of dr. rafil dhafir are becoming internationally known; see http://www.dhafirtrial.net/; update of january 9, 2007, indiana: dr.rafil dhafir has been placed in a special program for muslims, a project of attorney general gonzalez, currently 16 to expand to 75; this may explain dr. dhafir's transfer to terre haute indiana (source: "news from rafil," katherine hughes, jan. 4, 2008, email); update of feb. 3, 2007: dr. dhafir's access to the outside world is limited after being placed in a newly conceived "communications management unit" of muslims only, in terre haute ("update 1/25/06 and a request," katherine hughes, jan. 27, 2007, email); update feb. 5, 2007: in a recent letter to a supporter dr. dhafir says how respectfully he is treated and how nice the accommodations; the area was previously used for death row; any communications are tightly monitored; the staff claims to not understand its mission (feb. 4, 2007, ibid); update february 17, 2007: the "communications management unit," may be the responsibility of attorney general gonzalez, acting outside the approval of normal prison channels; jennifer van bergen points out in her recent "documents show new secretive u.s. prison program isolating muslim middle eastern prisoners," (feb. 16, 2007, the raw story) that the bureau of prisons code prohibits religious discrimination; more specifically, "electronic code of federal regulations (e-cfr) title 28: judicial administration. subpart 1 - non-discrimination toward inmates #551.90 policy," states: "bureau staff shall not discriminate against inmates on the basis of race, religion, national origin, sex, disability, or political belief...;" my worry is that a segregated unit begins to approach a categorization of prisoners by the third reich; the classifications punched into ibm cards became segregated groups of prisoners as an intermediary step in the crime against them (ibm and the holocaust: the strategic alliance between nazi germany and america's most powerful corporation, edwin black, new york: crown publishers, 2001) -ed.; update june 15, 2007: within this new, probably illegal, specially devised and overly monitored prison unit, two people have died so far through "delay in access to healthcare;" psychological controls are being strengthened; dr. dhafir notes In the last several days we have been subjected to religious persecution. No longer are we allowed to pray 5 times a day. Only one on Friday. Nor are we allowed to call the "Adhan" (the prayer call). Their tone of talk is becoming nasty and abusive ("update 6/14/07 - things changing for the worst at the cmu, terre haute," katherine hughes, june 14, 2007, email); abuse of prisoners' religious rights suggests mind control for compliance, for information, or experiment; prison units practising psychological experimentation, abuse, intentional debasement of prisoners, are breaking international law; people have come to accept across the board human rights violations of the u.s. prison system, when for example, religious discrimination is a civil rights violation; dr. dhafir's may eventually be a case under international law; if so i think the state of indiana is being made party to crimes by federal authorities. -ed. ; update of august 13, 2007: a letter from dr. dhafir to his support group ("update 8/11/07 - letter from rafil," aug.11, 2007, khughes@syr.edu) suggests prison medical services intentionally harm him; a diuretic prescribed for blood pressure raises his level of uric acid, causing extreme pain with a kind of gout; this and another condition are ignored - he says "they are playing with my life, literally"; he believes that so it is a torment; update sep. 25, 2007: dr. dhafir reports from the quasi-legal muslim controls unit that an african american prisoner was put into the unit for making friends with someone considered a "terrorist" in a texas prison; dr. dhafir shares this information at some risk: he also reports that if you leave the water they have to drink, in a clear bottle overnight, the bottle turns brown ("update 9/5/07 letter from rafil - my texas interview aired," katherine hughes, sept. 10, 2007, email). update: ayman jarwan, the executive director of help the needy (dr. dhafir was founder), was sentenced to concurrent 18 month terms for violating sanctions and making a mistaken deduction on the tax returns; he pled guilty to charges ("feds nail charitable anti-war muslims," the nuclear resister #139, nov.18, 2005); update: to be released december 25, 2006 ( nuclear resister #141, april 20, 2006); december 30, 2006: released on dec. 22, ayman jarwan, former executive director of help the needy, was held in county jail for deportation to jordan ("ayman jarwan was released yesterday," k. hughes, dec. 23, 2006, [access: http://www.dhafirtrial.net/category/site-announcements/]); update feb. 17, 2007: ayman jarwan was deported and released and now with his wife, children, in jordan ("urgent callout..." feb.12, 2007, k. hughes email). sami omar al-hussayen was deported to saudi arabia on july 21, 2004, after being cleared of charges; he had been accused of operating websites aiding terrorists, and of immigration violations; other immigration violation charges were dropped at deportation; he was a doctoral student in computer sciences, a husband, father, and respected islamic student leader at the university of idaho when arrested february 23rd, 2003, and held seventeen months in 23 hour lockdown without bail; he was not convicted of any crime (ref. july 22, 2004, the spokesman - review.com, http://spokesmanreview.com/idaho/topstory.asp?id=16915). the blue triangle network [no longer available] claims "over 1200 muslim, arab and south asian immigrants rounded up and held without charges in the weeks after september 11;" the u.s.department of justice neither accounts for their arrests or release, leaving their safety under american law in doubt; the u.s.department of justice has successfully appealed a court ruling requiring release of detainees names [and on jan.12, 2004, the u.s. supreme court refused to consider a reversal]; targeted immigrant and refugee communities in the u.s. and canada now live under threat of additional detentions and deportation without government accountability; people subjected to abuses of american or canadian justice because of religious, racial, ethnic or national origins or their political beliefs, have become political prisoners. noted rights violations update april 14, 2007, new york: 11 guards including officers were arrested april 12th for violating the rights of prisoners; the abuse consisted of tearing the prisoners' hair out, stomping them on false pretext, hurting one so badly the officers attempted to fake a suicide attempt to explain the results; the times reference to the (brooklyn) metropolitan detention center as holding "some of brooklyn's most violent and nettlesome federal inmates - from bonanno family gangsters to islamic terrorists," provides another instance of the times's unnatural identification of select minority groups with crimes ("11 jail guards accused of beatings in brooklyn," alan feuer, april 12, 2007, new york times; "guards charged in 2002 brooklyn prison attack," april 13, 2007, ny1); the center for constitutional rights notes the same officers involved in its class action case against ashcroft and others, turkmen v. ashcroft, of 2002 currently under consideration; a case el magrabi v. ashcroft represented by other attorneys (koob & magoolaghan, weil gotshal & manges) is noted to concern the same mdc people ("11 mdc prison officials charged with beating inmates and subsequent cover-up," synopsis [access april 14, 2007: http://www.ccr-ny.org/v2/reports/report.asp?ObjID=LymT4d37RN&Content=993]; the center for constitutional rights); u.s. japanese world war ii internees' descendants have filed an amicus brief supporting the ccr class action suit ("descendants of japanese american internees file amicus brief in support of muslim immigrants," synopsis, access april 14, 2007, center for constitutional rights). farouk abdel-muhti, a palestinian living in new york, he was arrested by u.s. immigration and naturalization services, april 26, 2002; subjected to a long period of solitary confinement at york pennsylvania, he is now held in new jersey; an articulate activist who has stood in solidarity with the disappeared of chile, he has strongly supported democratic self-determination, rights of immigrants, protestors at vieques, and freedom of expression; sources: committee for the release of farouk abdel-muhti, http://www.freefarouk.org/index.html; "statement of farouk abdel-muhti for the nyc rally," by farouk abdel-muhti, www.freefarouk.org, april 25, 2003, wbai news, pacifica. update: released april 12, 2004 by order of a federal judge to charge, deport or release him; he died july 21, of unsure cause, after giving a public address in philadelphia ("farouk abdel-muhti 1947-2004: palestinian freedom fighter called for unity moments before he died," democracy now, july 22, 2004). mohamed mansour jabarah, a canadian citizen born in kuwait, was tried and convicted at an undisclosed location in the state of new york, on charges of conspiracy and false statement (toronto star, "canadian tried in secret," feb. 10, 2004), before persons unspecified to the public; there is doubt about the legality of csis surrendering the suspect to u.s. authorities (source: ibid.); update oct. 31, 2005: assorted media information has purveyed jabarah's involvement with jihadist activities in bankok, singapore and bali: quoted as the source of informations given "f.b.i. interrogation," without revealing interrogation conditions under a political regime openly practicing torture in violation of geneva conventions, jabarah is said to have pled guilty at his secret trial in new york state, to conspiracy and killing of american citizens; he is said to have assured his family that he was innocent of the charges and pled guilty to facilitate his freedom; his current location varies according to media sources; his case is used by some to stir up fear of islam and jihadists within canada; it also presents a difficulty of secret trials, secret charges, secret locations, and allegations presented as fact: the people can't be sure of facts associated with this case; maher arar, a canadian citizen, detained at a new york city airport, was abducted by the u.s., placed in a syrian jail for 374 days and tortured; syria released him for lack of cause, and he returned to canada october 6, 2003; update: on january 22, 2004, he sued u.s. attorney general john ashcroft, u.s. homeland security secretary thomas ridge, u.s. f.b.i. director robert mueller, and others for knowingly and illegally consigning him to torture; he has asked for an inquiry by canada; on january 28, 2004, an inquiry was called by public safety minister anne mclellan (cbc news online); on april 22, 2004, cbc news online reports maher arar & family are suing the canadian government (400 million dollars) for breach of charter rights and racism; update, jan. 18, 2005: a u.s. attorney declaring the privilege of "state secrets", requested that arar's case against john ashcroft be thrown out ("maher arar blocked by us assertion 'state secrets' privilege," peace, earth & justice news, jan 25, 2005); update: a canadian commission in the person of stephen toope, a former mcgill dean of law appointed to investigate charges that maher arar was tortured in syria, is convinced by arar's account; arar is suing the canadian and u.s. governments ("canada presses syria to investigate torture claims," oct. 27, 2005, afp, yahoo canada news; "investigator is 'convinced' arar was tortured," gordon, oct.28, 2005, the ottawa citizen); update of feb. 22, 2006: citing "national security" a brooklyn federal court judge dismissed maher arar's case against ashcroft and other u.s. officials for knowingly rendering him to torture in syria; he was tortured for ten months before release for lack of evidence ("u.s. judge dismisses arar's lawsuit," beth gorham, feb. 17, 2006, canadian press); this shameful decision encourages those in power who deprive suspects of their basic human rights; september 19, 2006, ottawa: the maher arar report by the canadian government, two and a half years in the making, exonerates him of any wrong doing and blames his u.s. sponsored journey to nearly a year of torture in syria on false information supplied u.s. intelligence by the r.c.m.p and the illegal practice by the u.s. of secret rendition (source: "canadian was falsely accused, panel says," doug struck, sept. 19, 2006, the washington post); his arrest and rendition, denying the basic right of innocence until proven guilty, denying him the right to a fair trial, denying habeas corpus, were extreme and unjust; it seems that maher arar was sacrificed, and remains with all canadians the victim of a crime by government, and who will return to him and all canadians, faith in the rights of human beings, the rights of canadians, the sureness of freedom ? update of jan. 28, 2007: in a notable error, the man in charge of homeland security in the u.s. , michael chertoff, has refused to remove maher arar from u.s watchlists,though a canadian commission has found him without links to terrorism and essentially above the suspicion which caused the u.s. crimes against him ("canada still demanding u.s. take canadian off its terror watchlist," jan. 23, 2007, "international herald tribune); the cbc reports that prime minister stephen harper has apologized to maher arar for any part canada may have played in the u.s. assignation of the ottawa engineer to torture in a syrian prison; the financial settlement is reported to be about ten million dollars for arar, two million for the lawyers ("harper apologizes, offers $12.5 M to arar," jan. 26, 2007, cbc news); this is a substantially better settlement than most native born canadians, first peoples, or americans receive for false arrests, deprival of rights, torture, and the destruction of their lives ; update august 17, 2007: the toronto star relays recently declassified information in the arar report which shows csis to have wittingly committed arar to u.s. care for the purpose of torture in syria; the canadian government agency knew arar was being tortured in prison while denying it; there are 3 other canadians with a similar experience - questions asked during their torture in syria and egypt had to have come from canada; they are: abdullah almalki, ahmad el maati, muayyed nureddin ("arar case sheds light on 3 others," thomas walkom, aug. 16, 2007, thestar.com). jose padilla (abdullah al-muhajir), u.s. citizen, suspect, called an "enemy combatant" by the pentagon, held incommunicado and without charge, navy brig, charleston, s.c.,since june 2002; a february 11, 2004 pentagon statement revealed he would be allowed to speak with a lawyer (new york times, of this date); update 2005: in south carolina, u.s. district judge henry floyd ordered the u.s. government to charge jose padilla or release him: "the court finds that the president has no power, neither express nor implied, neither constitutional nor statutory, to hold petitioner as an enemy combatant" - judge floyd (newsmax.com wires, march 1, 2005; "judge: u.s. can't indefinitely detain jose padilla,"democracy now, march 1, 2005); update: attempting to affirm primary human rights and the u..s. constitution, lawyers for mr. padilla have filed an appeal of june 6, 2005, in the u.s. court of appeals; available from wiggin and dana of new haven, at http://www.wiggin.com/practices/areainfo.asp?groupid=5&areaid=231; update: lawyers for jose padilla have asked the supreme court to hear an appeal of his indefinite detention by government ("padilla takes his case to supreme court," gina holland, oct. 27, 2005, washington post); update: the u.s. government has brought specific charges against padilla, transferring him from military prison and jurisdiction to the justice department; the initial charges which caused the prisoner to be stripped of his legal and human rights are now ignored ("terror suspect padilla charged," nov. 22, 2005, cnn.com); recognizing the government's tactics a federal court of appeals refused to allow transfer; the government appealed to the supreme court, and padilla's lawyers have petitioned as well in some effort to assert his rights and the rule of law (ref : "padilla v. hanft: reply brief of the petitioner," martinez, o'connell, o'connell, patel, newman, freiman, december 27, 2005, u.s. supreme court: jurist dec. 28, 2005, univ. pittsburgh school of law; "jose padilla (alleged terrorist)," [access: dec. 31,2005, wikipedia]); update: appeal rejected april 3, 2006, by a divided supreme court ("court sidesteps war powers challenge," ap, april 3, 2006, cnn.com);december 5, 2006: democracy now! reports that jose padilla's lawyers say he is no longer fit for trial or able to assist in his own defense; he was originally detained in isolation as an "enemy combatant," deprived of an attorney 21 months, and interrogated under conditions of physical, chemical and psychological torture ("attorneys: jose padilla unfit to stand trial after years of isolation," headlines, goodman & staff, dec. 4, 2006, democracy now!); the government may have succeeded in driving him mad; it's a terrible crime of state to take a human being and intentionally deprive him or her of sanity; it is possibly the intention of all torture; record should be kept to hold accountable under a more just application of law, each person responsible; update of jan. 28, 2007: in the padilla case the prosecution is attempting to punish a defense attorney for leaking information about his client to the news media - the leaked transcripts support a case for the victim's innocence ("padilla prosecutors seek defense penalty for leak," jan. 23, 2007, washington times ); by not specifying a particular defendant three public defenders in miami, michael caruso, anthony natale, orlando do campo, and andrew patel of new york government prosecutors are threatening the defense with jail time or a judicial reprimand ("padilla prosecutors seek defense penalty for leak," jan. 23, 2007, washington times); update march 26, 2007: on march 23rd a u.s. district court in miami ruled against padilla by refusing to count his time served without any rights at all in a navy brig - since he wasn't charged; the fine legal point continues a pattern of denial of justice and misapplication of laws asthough there never were a bill of rights; another court found it "legal" to have incarcerated him without rights; his trial is to start april 16, 2007 ("padilla judge: brig time doesn't count," curt anderson, march 23, 2007 ap ~ yahoo! news); may 18, 2007: after 3 and a half years in isolation as an enemy combatant, under conditions which may be considered torture, with charges now transferred to civilian law, u.s. citizen jose padilla is finally being tried in a miami criminal court; ambiguous paperwork evidence is being presented against him; with two co-defendants, adham amin hassoun and kifah wael jayyousi, the men are apparently accused of providing financial support to muslims in kosovo, chechnya, lebanon but the purpose of the trial lacks any clarity commensurate with the criminally debilitating treatment of a u.s. citizen who is at this point still an innocent under law ("expert: 7 padilla prints found on form," curt anderson ap, may 17, 2007, forbes.com; "former 'enemy combatant' jose padilla," factbox, may 14, 2007, reuters alertnet; "after five years, charges against padilla peter out," paul koring, may 15, 2007, globe and mail); update august 17, 2007: padilla and two co-defendants were found guilty by a court in miami; according to the bbc all three were found guilty of: "conspiracy to murder, kidnap, and maim; conspiracy to provide material support for terrorism; and providing material support for terrorism;" co-defendant adham amin hassoun was an alleged recruiter, and kifah wael jayyousi an alleged fund raiser; the miami herald refers to the men as "part of a south florida-based terror cell": sentencing is scheduled december 5th with maximums of life; the case will be appealed ("miami jury convicts padilla," jay weaver and larry lebowitz, aug. 16, 2007, miami herald.com; "padilla guilty in u.s. terror trial," aug. 16, 2007, bbc news; "jury convicts u.s. citizen padilla in terrorism trial," jane sutton ~reuters, aug. 16, 2007, canada.com); update of august 26, 2007: in charleston south carolina padilla's defense team has properly sued the federal government for its attempts to destroy a person physically and psychologically, by arbitrary imprisonment without recourse to rights; the suit notes the abuse as a policy of rumsfeld, gates, ashcroft, wolfowitz, jacoby ("padilla sues u.s. officials over confinement," warren richey, aug. 24, 2007, christian science monitor ~csmonitor.com); the policy was and is criminal under international and u.s. law, signaling a takeover of democracy's safeguards; update of january 24, 2008: for nonviolent crimes of conspiracy and supporting muslims considered enemies by the government jose padilla was sentenced on january 23 to 17 years in prison by a u.s. district court judge; co-defendants adham amin hassoun received 15 years eight months and kifah wael jayyousi,12 years eight months; under pressure to give a stiffer sentence the judge stated "there was never a plot to overthrow the united states government" ("17 years for ex-'dirty bomb' suspect," curt anderson ap, jan. 22, 2008, sfgate.com; "jose padilla is sentenced to 17 years," curt anderson ap, jan.22, 2008, myway). yaser esam hamdi, u.s. citizen, suspect, captured 2001 and placed in guantanamo; transferred and held incommunicado and without charges at the navy brig, norfolk virginia since april 2002; on december 2, 2003, the pentagon allowed conditional access to a lawyer; case to be considered by the u.s.supreme court; update: on june 28, 2004 (reuters) with respect to this case the u.s. supreme court affirmed yaser hamdi's right to judicial process; update: sept. 16, 2004, hamdi's lawyer announced hamdi's freedom and return to saudi arabia in exchange for renouncing u.s. citizenship ("yassir hamdi to go free," talkleft.com, sept. 16, 2004; "u.s.-born terror suspect hamdi to go free," ap the guardian, sept. 17, 2004); update: effected (msnbc, oct. 11, 2004). current guantanamo bay camp detainees canadian security certificate detainees historical note: detentions-without-rights of american citizens carry the threat of broader injustices such as group internment; in what are now considered human rights violations, japanese americans and others were interned during world war ii. the information on these pages is incomplete - please contact gandm@nightslantern.ca to suggest corrections, additions. political prisoners editor's note: status of "political prisoner" needs to be extended and expanded when covert agencies using informants and provocateurs wage anti-terrorism campaigns against civilian populations; there may be increasing arrests, charges of violent crimes and sentencing of innocent people who are only out of step with the status quo; if some here have broken laws, their arrest as a group furthered the interests of an anti-terrorism agenda, anti-terrorism propaganda, domestic racism; as victims of a political agenda these people become political prisoners. - ed..
'the toronto 18' for more information...
ehsanul islam sadequee for more information...
syed haris ahmed for more information...
a number of the muslim prisoners in this section are convicted of crimes where intention is ascribed to them, and they are sentenced to terms exceeding normal punishment, an assault on their will to live rather than an attempt to protect society or "correct" their adherence to u.s. laws; these men may be paying for a war waged against their faith.
update: brooklyn: in a suit charging former attorney general ashcroft and fbi director muller with "conspiring to violate the rights of muslim immigrants held in a federal detention center in brooklyn after 9/11" (bernstein), a federal judge has refused dismissal; ehab elmaghraby and javaid iqbal were imprisoned for over eight months and claim abuses by guards ("top officials told to testify in muslims' suit," bernstein, sept. 29, 2005, the new york times, nytimes.com); update, june 18, 2006: the u.s. government settled with ehab elmaghraby for $300,000 ; the settlement still requiring federal judge approval in brooklyn spares the government from admitting liability; ashcroft and mueller (among others) remain accused "of personally conspiring to violate the rights of muslim immigrant detainees on the basis of their race, religion and national origin" ("u.s. is settling detainee's suit in 9/11 sweep," nina bernstein, feb. 28, 2006, new york times).
at the time of my incarceration with the fbi…they said if i didn't
confess my guilt they would put me in prison
i repeat, i am not an infamous terrorist who was indoctrinated at an
early age to kill americans on a terrorist mission;
suppressed news
gerald and maas night's lantern
january 1, 2004 through may 17, 2008
with appreciation to sources, ed. & commentary by j.b.gerald, images j.maas