Witness to Abuse - Human Rights Watch
Witness to Abuse - Human Rights Watch
Witness to Abuse - Human Rights Watch
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a right <strong>to</strong> counsel. Before interrogating material witnesses, federal officers must<br />
again inform them of their rights, including the right <strong>to</strong> counsel.<br />
• Court hearings and records in material witness cases should be presumptively<br />
open. The Justice Department should not seek <strong>to</strong> close hearings or seal records<br />
except <strong>to</strong> the limited extent that closure is the least restrictive means <strong>to</strong> further<br />
some other compelling government interest.<br />
To the Department of Justice Office of Professional Responsibility<br />
• Ensure that the FBI and U.S. At<strong>to</strong>rneys are not using the material witness law <strong>to</strong><br />
circumvent probable cause and other requirements governing the arrest of<br />
criminal suspects.<br />
To the Inspec<strong>to</strong>r General<br />
• Initiate a review of the Department of Justice’s use of the material witness law in<br />
connection with terrorism investigations since September 11.<br />
To Congress<br />
To the Judiciary Committee<br />
• Request that the Justice Department update Congress on the status of all<br />
material witnesses arrested in connection with the September 11 terrorism<br />
investigations and provide their names, length of and basis for their detention<br />
and whether they testified.<br />
• Urge the Department of Justice Inspec<strong>to</strong>r General <strong>to</strong> investigate the misuse of<br />
the material witness law since September 11 <strong>to</strong> detain criminal suspects without<br />
charges.<br />
• Hold public hearings on the Department of Justice’s misuse of the material<br />
witness law <strong>to</strong> hold criminal suspects.<br />
To the House and Senate<br />
• Amend the material witness law <strong>to</strong> incorporate measures <strong>to</strong> prevent its misuse<br />
and <strong>to</strong> increase protections of the right <strong>to</strong> liberty, including:<br />
o strengthening the burden of proof that the government must meet <strong>to</strong><br />
arrest and detain material witnesses;<br />
o establishing a specific time limit on the government’s ability <strong>to</strong> hold a<br />
material witness;<br />
HUMAN RIGHTS WATCH VOL. 17, NO. 2(G) 8