Posts Tagged ‘patriot act’
NOTE: The post, below, is from June 2009. To see our most recent post on Aafia Siddiqui, published 1/19/2010, see: The New American Justice: Aafia Siddiqui’s Trial by Water
HAS IT BEEN ONLY 317 YEARS?
From June through September of 1692, nineteen men and women, all having been convicted of witchcraft, were carted to Gallows Hill, a barren slope near Salem Village, for hanging. Another man of over eighty years was pressed to death under heavy stones for refusing to submit to a trial on witchcraft charges. Hundreds of others faced accusations of witchcraft. Dozens languished in jail for months without trials. Then, almost as soon as it had begun, the hysteria that swept through Puritan Massachusetts ended. (“An Account of Events in Salem,” from the University of Missouri — Kansas City website)
The hunt was characterized by unrestrained torture and and an obsession with getting tortured witches to name other witches. (from Witch Hunts in Europe and America: An Encyclopedia, by William E. Burns)
By now, most Americans — having heard the word “waterboarding” at least 183 times over the past month – seem to have grown immune to the visceral horrors attending to that particular techinque that the International Red Cross terms “suffocation by drowning.” We’ve surely grown immune to human suffering. Otherwise, we wouldn’t have reduced the topic of torture to a mere parlor game – an exercise in sophistry — as the left and the right mentally wrestle with questions whose answers have been known for centuries: Is waterboarding torture? Does torture ‘work’?
[Click here to read the rest of this introduction on U.S. policy and torture. Or just skip the intro entirely, and keep reading onward, into the stories of several individuals (with particular focus on Aafia Siddiqui) who have been falsely arrested, illegally imprisoned, "disappeared," subjected to extraordinarily rendition and/or tortured over the past 8 years -- and counting.]
An American Story
Imagine this: You are a 41 year-old man, a U.S. citizen, born in Kansas, an Army veteran, married with three children, practicing family law in the suburbs of Portland, Oregon; you pay your taxes on time, have never had a brush with the law. You are the quintessential “average American citizen.” Imagine, then, your surprise when the FBI descends on your home and fingers you as the mastermind of the 2004 Madrid train bombing that killed 191 people and injured over 2000. Your name is Brandon Mayfield, and it’s official: You have just been arrested as the mastermind in an international terrorist plot.
“But I haven’t left the country in over 10 years!” you protest. “And I’ve never even been to Spain! How could this happen?”
Turns out it was your fingerprint. The FBI’s Automated Fingerprint Identification System (AFIS) identified your fingerprint as a possible match to the one found on a plastic bag near the Madrid bombing. The match was then verified in quadruplicate by FBI fingerprint experts, which lent full credibility to the claim in their affidavit: “….the FBI lab stands by their conclusion of a 100 percent positive identification.” It was the fingerprint, see.
‘Lucky’ for you, your incarceration lasted only 2 weeks. The Spanish police identified the real mastermind (some guy from Algeria), prompting the FBI to dismiss the charges against you. In return, you file a a civil-rights lawsuit against the U.S. government. Herein, more facts emerge. Turns out, the Spanish police had already rejected the FBI’s identification of your fingerprint – twenty-three days before your arrest – as “conclusively negative.” Perhaps that would have been the end of that, if not for the smoking gun: you were also a Muslim convert.
Convinced of your guilt, the FBI spent those twenty-three days doggedly pursuing a case against you, with an intensity that the Spanish Police found perplexing. As one commissioner said, “It seemed as though they [the FBI] had something against him, and they wanted to involve us.” Lacking probable cause for search and seizure, the FBI turned to the nifty new provisions in the Patriot Act, which allowed them to entirely sidestep your Fourth Amendment rights, via “sneak and peak” warrants.
Turns out, you and your wife hadn’t been imagining things. Your door lock had been tampered; someone had been in your home. You were being watched. It was the FBI who, in your absence, snuck into your home, your office, and even the family farm in Kansas,“surreptitiously, photographing papers, downloading hard drives, and planting listening devices.”
But you were ‘lucky.’ You had, at your disposal, due process — stuff like habeas corpus, and an attorney to represent you in a U.S. court of law. Your case was fairly clear-cut, too. That is, once the facts were allowed to see the light of day. In the end, the FBI aplogized and you were awarded a $2 million settlement. And in 2007, a federal judge ruled that those nifty Patriot Act provisions used by the FBI to sneak into your home actually violated the U.S. Constitution.
Now imagine that you are a 34-year old man — married, a father, a Canadian citizen for 17 years, Syrian-born. And, oh, a muslim. Imagine yourself going on vacation with your family to Tunisia in 2002 and, upon your return flight home to Canada, passing through the JFK airport in New York City. Here, you are detained in solitary confinement and interrogated for 12 days, then shackled and flown to Syria, where you are imprisoned inside a coffin-sized underground cell for 10 months + 10 days, being subjected throughout this time to beatings and torture sessions to extract information which the U.S. government is certain you own.
While you initially refuse to admit to something you didn’t do, the torture finally becomes so unbearable, that you will say anything to make it stop — up to and including making false confessions, admitting guilt to whatever terrorist acts your torturers accuse you. Your name is Maher Arar and — even as you are ultimately determined to be 100% innocent – your case is not as clear cut as Brandon Mayfield’s. You are, after all, a Canadian citizen. And, oh, a muslim of Arab descent.
Still, the facts of your case do eventually see the light of day. The Canadian government launches a Commission of Inquiry into your case and, in 2006 (three years after your release from your extraordinary rendition to Syria), you are cleared of all accusations. The Canadian government issues an official apology, and you are awarded a settlement of $10.5 million Canadian dollars. For their part, however, the U.S. government and the FBI refuse to extend an apology, official or otherwise (even as there were a few notable lawmakers of integrity on Capitol Hill who did issue personal apologies on behalf of the U.S. government).
Seeking to clear your name, you file a lawsuit against the U.S. government for violating your civil rights. But the Bush Administration refuses to allow your case to come to trial, for reasons of “national security.” To this day, you are still on the U.S. terrorist watch list and are forbidden to enter the country.
The likelihood of your case going to trial in the U.S. is slim, as the Obama Administration has, so far, aligned itself with the Bush Administration, — having recently used the “state secrets” argument to deny trials to 5 other Bush Administration victims who were similarly flown to other countries to be tortured. According to Obama, the Bush Administration was right: allowing these innocent victims a trial could threaten national security.
Now imagine this: You are a 31-year old man, an accredited freelance cameraman and photographer, working for Reuters in Iraq. On September 1, 2008, U.S. forces, accompanied by dogs, storm your home in the middle of the night – breaking down your door, barking orders and terrifying the grandparents, children and grandchildren inside. You are taken into custody and thrown into jail, without charges. Three months pass. Still, no formal charges, no evidence, no due process.
In a stroke of democracy, the Iraqi central criminal court orders your release, for lack of evidence. The U.S. bars your release, however, saying you are a threat to Iraq security and stability. The protests of your family, of Reuters and international human rights and media rights groups fall on deaf ears. More months pass. To this day, you are still in jail, without charges. Your name is Ibrahim Jassam, and you are but one of dozens of journalists imprisoned — without charges – under the Bush Administration.
You are, so far, luckier than some. According to Reporters Without Borders, hundreds of journalists have been killed in Iraq, with many more forced into exile, imprisoned or simply disappeared. Too, some have been imprisoned for much longer than you. Pulitzer-prize winning journalist, Bilal Hussein, for instance, was imprisoned for two years. Al Jazeera journalist, Sami al-Haj was imprisoned for over 7 years, with 6-1/2 of these years spent at Guantanamo, where America sends “the worst of the worst.”
[Here it must be said that Sami al-Haj's story, alone, is evidence enough that our leaders and media should give pause to the Bush Administration's "intelligence" that has effectively colored the entire population of 240 Guantanamo detainees -- including those who have been long-pronounced innocent, but also those whose guilt was cemented under confessions extracted through torture -- as a mix of terrorists and men so dangerous that they cannot safely be released anywhere on the planet Earth, much less allowed fair trials that would, in all likelihood, clear the names of some of these prisoners, the only "threat to national security" being that their trials would reveal the extent of the U.S. government's tyranny.]
(video, above) Associated Press report (39 seconds long) on Bilal Hussein’s release in 2008, with footage of his reunion with his AP colleagues and his family
Both Bilal Hussein and Sami al-Haj were released in 2008. Neither was ever charged with a crime, even as their incarcerations were justified by a series of shifting accusations, based on top secret evidence that, for national security reasons, could not be divulged: Bilal Hussein (see AP timeline of his case here) was accused, at one point, of being caught in possession of bomb-making materials, while Sami al-Haj was alternately accused of videotaping Osama bin Laden, sending money to suspicious Muslim charities, and arranging for the transport of a Stinger anti-aircraft system from Afghanistan to Chechnya. Despite these ludicrous accusations, in appears that these journalists were guilty of nothing more than practicing journalism.
Your name is Ibrahim Jassam, and you’ve been in jail for 9 months, without charges. Your misfortune is that you are being detained by the U.S. government. Had you been detained by, say, Iran you would have been afforded at least some semblance of due process — formal charges, an attorney, a trial, an appeals process. Had you been detained by, say, North Korea, your injustice would be given a voice in the U.S. media. Had you been arrested by anyone but the American government, you would be a poster child, of sorts, for media suppression under tyrannical regimes.
Your name is Ibrahim Jassam, and your story is almost, but not quite, unknown in America. According to your family, which has been allowed only a handful of visits, you used to be handsome. “But now he’s pale and he’s tired,” says your brother, describing one of these visits: “Every now and then while we were talking, he would start crying. He was begging me: ‘Please do something to get me out of here. I don’t know what is the charge against me.‘ I told him we already tried everything.”
Now imagine this: You are a 31-year old mother of three; you are also an MIT graduate with a PhD in cognitive neuroscience. [In hindsight, there is cruel irony to the topic of your dissertation, in which you explored how people learn -- specifically, the interaction between visual memory and perception. In your abstract, you wrote, "Without a visible trail, it is difficult for the subject to form a picture or story."] . It is late March of 2003. Just a few days earlier, the U.S. went to war in Iraq and — as is now known — the CIA, the FBI and the Bush Administration at large were working around the clock to put together the intelligence necessary to justifying this war.
Up until a year earlier, you’d spent 12 years living in America as a dual citizen of the U.S. and Pakistan. You’d originally moved to the U.S. in 1990 to attend college and be nearer your sister and brother — a Harvard-trained neurologist and a Houston architect, respectively. While living in the U.S., you married a medical student in Boston, who went on to work as an anesthesiologist at Brigham and Women’s Hospital. You gave birth to 2 children. Neighbors and friends described you as a devoted mother, spending the bulk of your time in the everyday routines of raising your children, overseeing play groups with their friends. You were also a devout Muslim and donated both time and money to charitable causes and missionary work to help less fortunate Muslims.
Because contributing to Muslim charities constituted a red flag in post-9-11 American, the FBI was watching you and had been since the fall of 2001. According to U.S. intelligence sources, your husband purchased night goggles and body armor off the internet in 2001, which he claimed were intended for big game hunting. Because of these purchases, you, yourself, were brought in for questioning by U.S. officials. Although you were released after questioning, this interrogation served as further evidence that the post-9-11 hostility toward Muslims was escalating. This factored into your decision to return to Pakistan — a debate that had already caused considerable strain in your marriage: you you wanted to raise your children in America, while your husband wanted to raise them in Pakistan. In 2002 — with your marriage now on the rocks — you and your husband returned to Pakistan.
By March of 2003, you’d been estranged from your husband for over 7 months, during which time you lived with your mother and gave birth to your third child, who was now 6 months old. Three months earlier, in December 2002, you’d returned to the United States to apply for jobs in the Baltimore area, where your sister was now working at Sinai Hospital. After making several applications — and interviewing with both Johns Hopkins and SUNY — you opened a post office box to receive replies from prospective employers, then returned to your children and your mother in Pakistan.
Now imagine that the FBI believes the only reason you opened that post office box was to receive communications as part of an al Qaeda plot to blow up gas stations and fuel tanks in the Baltimore area. Imagine, too, that during the course of the FBI’s 18-month surveillance of you and your husband, they discovered that, during the summer of 2001, one of your former Muslim acquaintances from Boston had been wired $20,000 from Saudi Arabia (a sum which, according to the explanation given by a Saudi official to the Boston Globe, was sent to pay for medical treatment for the man’s wife). Lastly, imagine that, the FBI believes that this $20,000 is connected to a purported diamond smuggling trip, made by a mysterious woman in the summer of 2001, to fund al Qaeda operations. According to the FBI, that mystery woman is you.
To this story add water, then quickly spin
It is now March 28, 2003. Just a week earlier, on March 20th, the U.S. invaded Iraq. Several weeks earlier, on March 1st, the alleged architect of 9-11, Khalid Sheikh Mohammed, was captured. It seems that – during one of his 183 waterboard interrogation sessions — your name came up.