Witness to Abuse - Human Rights Watch

government, “I’m not coming.” Never before had I seen a material
witness thrown in jail like this with no criminal charge and with no real
risk of flight. 241
Ignoring Material Witnesses’ Strong Community and Family Ties to
the United States
The Justice Department has sought material witness warrants for people who have
strong ties in the United States, jailing witnesses who were the primary caretakers for
their wives, children, and parents in the United States and who had deep roots in their
communities. Prior to September 11, and in the context of non-terrorist investigations,
such factors would weigh heavily against the contention that a witness was a flight risk.
Almost all the material witnesses held in post-September 11 counterterrorism
investigations had valid visas, and one-quarter of them were U.S. citizens; these factors
historically would also have weighed against the suggestion of flight risk. Lawyers for
material witnesses consistently said courts overlooked these factors because of national
security arguments.
Abdalmuhssin el-Yacoubi, Mohammad Hassan el-Yacoubi, and
Mohammed Osman Idris
In December 2001, the government detained U.S. citizens Abdalmuhssin el-Yacoubi,
Mohammad Hassan el-Yacoubi, and Mohammed Osman Idris as material witnesses. All
three were born and raised in the United States, lived in Virginia, and had their entire
immediate families there. The Justice Department arrested Virginia residents
Mohammad el-Yacoubi and Idris at the airport en route to Israel. The arrest followed
the discovery by airport authorities of a note in Arabic in Mohammad el-Yacoubi’s
luggage that led federal officials to believe that the two may have been planning a suicide
mission. 242 The government then arrested Mohammad el-Yacoubi’s brother,
Abdalmuhssin el-Yacoubi, a student at the University of Virginia, who had written the
note. After six weeks in detention, the el-Yacoubi brothers were released without
charges and without ever having been brought before a grand jury. Idris was also held as
a material witness for six weeks. The government subsequently charged Idris with
making false statements on a passport application.
According to the lawyer for Idris, the Justice Department never offered any specific
reasons to believe either of the brothers or Idris would be a flight risk: “The government
241
Interview with Dan Scott.
242
The letter stated: “When I heard what you are going to carry out, my heart was filled with the feeling of grief
and joy.” Criminal Complaint, United States v. Idris, Cr. No. 02-306 (E.D.V.A. Filed Mar. 21, 2002).
75 HUMAN RIGHTS WATCH VOL. 17, NO. 2(G)