Witness to Abuse - Human Rights Watch
Witness to Abuse - Human Rights Watch
Witness to Abuse - Human Rights Watch
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[T]he government filed all their papers under seal. I was operating <strong>to</strong>tally<br />
blindly in the case as far as the representation was concerned. There was<br />
the issue of the basis of the warrant and why he couldn’t be taken in<br />
front of a grand jury [by the government]. Because it was under seal,<br />
even now I can’t truly know why he was detained. I don’t know and I<br />
never will. 175<br />
Restricted Access<br />
More than thirty lawyers for post-September 11 material witnesses <strong>to</strong>ld HRW/ACLU<br />
that they were only permitted <strong>to</strong> view the warrant for arrest and supporting affidavit in<br />
the courtroom. The procedure has varied from courtroom <strong>to</strong> courtroom. Some lawyers<br />
have been permitted <strong>to</strong> take notes, while others have not. Some lawyers have only been<br />
able <strong>to</strong> view the documents for a short period of time in the presence of the government<br />
at<strong>to</strong>rneys and sometimes the judge. Others have been able <strong>to</strong> bring the documents with<br />
them in<strong>to</strong> a private room <strong>to</strong> review with their clients. Almost all lawyers have been<br />
denied access <strong>to</strong> evidence that the government used <strong>to</strong> support the arrest beyond what<br />
was included in the affidavit. Specifically:<br />
• Public defender George Taseff, who was appointed <strong>to</strong> represent Ali Saleh Kalah<br />
al-Marri when he was arrested as a material witness in Illinois, <strong>to</strong>ld<br />
HRW/ACLU:<br />
I was only permitted <strong>to</strong> look at the warrant and affidavit brieflyabout<br />
10 minutes. I requested a copy but the judge denied my<br />
request on national security grounds. I was not given a copy and was<br />
only allowed <strong>to</strong> view it in the court room with the judge and<br />
prosecu<strong>to</strong>rs present. I looked at it with al-Marri, who was also seeing<br />
it for the first time. I could take notes. I scribbled notes furiously. 176<br />
• Fred Sinclair, who represented material witnesses Salman al-Mohammedi and<br />
Mohamed al-Qudhaieen in Virginia was also restricted <strong>to</strong> viewing the evidence<br />
supporting his clients’ detention in court:<br />
175<br />
Interview with John Meyer.<br />
176<br />
<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>/ACLU telephone interview with Assistant Public Defender George Tassef, Peoria,<br />
Illinois, April 27, 2004.<br />
55 HUMAN RIGHTS WATCH VOL. 17, NO. 2(G)