Witness to Abuse - Human Rights Watch

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Acknowledgements This report was researched and written by Anjana Malhotra, Aryeh Neier fellow for Human Rights Watch and the American Civil Liberties Union. The primary editor of the report and project manager was Jamie Fellner, U.S. Program director for Human Rights Watch. Lee Gelernt, senior attorney for the American Civil Liberties Union Immigrants’ Rights Project, Jim Ross, general counsel for Human Rights Watch, Joseph Saunders, deputy program director for Human Rights Watch, and Robin Goldfaden, staff attorney for the American Civil Liberties Union Immigrants’ Rights Project also reviewed and edited this report. Ann Beeson, associate litigation director for the American Civil Liberties Union, provided valuable assistance in coordinating the report. Keramet Reiter, associate for the U.S. program provided research assistance and prepared the report for publication. Human Rights Watch staff Andrea Holley, publications director and Fitzroy Hepkins, mail manager, provided production assistance. Paul Jacobs and Miranda Johnson provided research assistance throughout the report. Manu Krishnan assisted in proofreading the report. Human Rights Watch and the American Civil Liberties Union would like to thank the many individuals in the United States and abroad who made invaluable contributions to our understanding of the Department of Justice’s use of the material witness law as a post-September 11 policy. We are particularly grateful to the material witnesses, their families, and their counsel who gave the testimony that forms the core of this report. Because of the Department of Justice’s efforts to keep all of the post-September 11 material witness arrests secret, finding the witnesses was a difficult endeavor, made possible only with the help of many people, including: Adem Carroll, the Islamic Circle of North America, Sin Yen Lee, Asian American Legal Defense and Education Fund, and the many activists working with the New York Post-September 11 Civil Rights Coalition, Islamic Circle of North America, Counsel on American Islamic Relations, Muslim Public Affairs Council, Asian American Legal Defense and Education Fund, and the Migration Policy Institute, as well as the ACLU Affiliates of Eastern Missouri, Nevada, and Oregon. We also wish to acknowledge the guidance provided throughout this report by Stephen Schulhofer, professor, New York University School of Law, Michael Wishnie, professor of clinical law, New York University School of Law, Wendy Patten, former advocacy director of Human Rights Watch, Benita Jain, Immigrant Defense Project, Nancy Morawetz, professor of clinical law, New York University School of Law, and Anil Kalhan, associate-in-law at Columbia University. HUMAN RIGHTS WATCH VOL. 17, NO. 2(G) 100
Human Rights Watch and the American Civil Liberties Union are grateful to the Open Society Institute for its support of the Aryeh Neier Fellowship. We would also like to give special thanks to Gara LaMarche, vice president of the OSI for initiating the fellowship. Human Rights Watch would also like to thank the Open Society Institute and Peter Lewis for their support of our work on U.S. post-September 11 policies. 101 HUMAN RIGHTS WATCH VOL. 17, NO. 2(G)
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Human Rights Watch June 2005 Vol. 1
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Summary After I got in the cell I w
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were almost all the witnesses Musli
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combination with having worked in t
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Recommendations The recommendations
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o requiring the government to infor
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eflects a compromise between an ind
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the witness for immigration or prob
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those suspected of committing a cri
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Arizona, and Florida, where the nin
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testimony—you get fingerprints, y
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The FBI appeared to believe that Ma
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interrogating him, without counsel,
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Jose Padilla On May 8, 2002, the Ju
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The Justice Department has often st
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criticism on the conduct of Assista
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government failed to take Diab’s
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Eric Sears, a former federal prosec
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sentencing. The judge finally got a
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accompanied by extensive searches c
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and young children. 121 He was deta
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High Security Conditions of Detenti
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Harassment and Abuse in Jail Many m
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uised. See id. In the elevator, the
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In practice, then, court approval o
Page 51 and 52: I kept asking what am I being charg
Page 53 and 54: As Mark Foster, the lawyer for one
Page 55 and 56: Federal marshals transferred the ei
Page 57 and 58: [T]he government filed all their pa
Page 59 and 60: Federal agents have also refused to
Page 61 and 62: In many cases, the trauma of forcef
Page 63 and 64: In January 2002, another hotel gues
Page 65 and 66: abuse, international human rights 2
Page 67 and 68: It is not clear why the courts have
Page 69 and 70: Things go on behind those doors tha
Page 71 and 72: providing interviews, submitting to
Page 73 and 74: Detaining Witnesses Who Cooperate w
Page 75 and 76: stayed with the FBI agents for eigh
Page 77 and 78: government, “I’m not coming.”
Page 79 and 80: armed forces for several years and
Page 81 and 82: Congress included the deposition re
Page 83 and 84: X. Haste, Incompetence, Prejudice:
Page 85 and 86: government’s basis was weak. Thes
Page 87 and 88: target, 272 the state police ordere
Page 89 and 90: Khan and Azmath were deported in Ja
Page 91 and 92: told them I told them I had no idea
Page 93 and 94: y subletting their apartment. Altho
Page 95 and 96: The post-scripts to the stories of
Page 97 and 98: I could not ask questions. What’s
Page 99 and 100: Ayub Ali Khan and Mohammad Azmath A
Page 101: get all these kinds of questions—
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Witness to Abuse - Human Rights Watch

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