Witness to Abuse - Human Rights Watch
Witness to Abuse - Human Rights Watch
Witness to Abuse - Human Rights Watch
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Tuwalah was never charged with any crime and has since returned <strong>to</strong> Marymount <strong>to</strong><br />
complete his studies. The government never brought terrorism-related criminal charges<br />
against Almari. 84<br />
Ali Ibrahim Ahmed<br />
Ali Ibrahim Ahmed was one of the material witnesses jailed in connection with the<br />
controversial Detroit “sleeper cell” case, United States v. Karim Koubriti. 85 In that case, the<br />
defendants were convicted of providing material support <strong>to</strong> terrorists by acting as a<br />
“sleeper cell” 86 —charges that were later thrown out because of prosecu<strong>to</strong>rial<br />
misconduct. During the pre-trial proceedings, the government jailed Ahmed for three<br />
months. 87 The material witness warrant did not specify whether the government was<br />
holding Ahmed for the trial or for grand jury proceedings. Ahmed’s at<strong>to</strong>rney believes the<br />
only purpose of Ahmed’s incarceration as a material witness was <strong>to</strong> give the government<br />
time <strong>to</strong> investigate his possible involvement in the Sleeper Cell:<br />
The biggest issue was the time period that he was being held while not<br />
being brought before a grand jury. It <strong>to</strong>ok the government two <strong>to</strong> three<br />
months <strong>to</strong> bring Ahmed before a grand jury. … The government was<br />
looking at these cases <strong>to</strong> see how big a deal he will be. They wanted <strong>to</strong><br />
keep their options open-investigate a case against him before they make<br />
a decision. 88<br />
On September 1, 2004, the District Court dismissed the June 2003 convictions of Karim<br />
Koubriti and Abdel-Ilah Elmardoudi because a Justice Department report found<br />
widespread prosecu<strong>to</strong>rial misconduct in the case, including misrepresentation of<br />
evidence and misleading of the court. 89 The Justice Department’s report focused its<br />
84<br />
Tim McGlone, “Local Man Sentenced, Deported for Scam; Officials Found No Link <strong>to</strong> Terrorism,” The<br />
Virginian-Pilot and The Ledger-Star, May 16, 2003.<br />
85<br />
Zuhaier Ben Mohammed Rouissi was also jailed as a material witness in the Detroit Sleeper Cell trial. He was<br />
held for six months. Order granting government’s request for detention of Zuhaier Ben Mohammed Rouissi,<br />
United States v. Rouissi, Misc. No. 02-71478 (E.D. Mich. Filed April 18, 2002); Order dismissing material<br />
witness warrant of Zuhaier Ben Mohammed Rouissi, 2002, United States v. Rouissi, Misc. No. 02-71478 (E.D.<br />
Mich. Filed November 6, 2002).<br />
86<br />
A “sleeper cell” is a small group or subgroup of people affiliated with a terrorist organization but not involved in<br />
any active terrorist activities until it is alerted, when it begins its predetermined preparation for an attack.<br />
87<br />
HRW/ACLU telephone interview with Stephen Swift, at<strong>to</strong>rney for Ali Ahmed, Cedar Rapids, Iowa, August 2,<br />
2004.<br />
88<br />
Ibid.<br />
89<br />
Because of the prosecu<strong>to</strong>rial errors in Koubriti, including the withholding and mischaracterization of central<br />
evidence, the Justice Department filed a motion <strong>to</strong> dismiss the three terrorism-related convictions,<br />
acknowledging that had the prosecution acted lawfully, the jury may have reached a different verdict. In<br />
HUMAN RIGHTS WATCH VOL. 17, NO. 2(G) 28