Witness to Abuse - Human Rights Watch
Witness to Abuse - Human Rights Watch
Witness to Abuse - Human Rights Watch
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were linked <strong>to</strong> terrorism damaged their businesses and community reputations. The<br />
damage has continued long after their release because the government rarely issued<br />
statements publicly exonerating them.<br />
The needless incarceration of these men also has aggravated distrust <strong>to</strong>wards the<br />
government in Muslim communities in the United States that have been repeatedly<br />
targeted by sweeping, ill-advised, and at times illegal post-September 11 investigation,<br />
arrest, and detention policies. Beyond the Muslim community, the misuse of the material<br />
witness law threatens U.S. citizens and non-citizens alike, because it reflects a lowering<br />
of the standards designed <strong>to</strong> protect everyone from arbitrary and unreasonable arrest<br />
and detention.<br />
To date, no Department of Justice official has been held accountable for abusing the<br />
limited authority that Congress conferred on them with the material witness law. Indeed,<br />
the Justice Department has refused <strong>to</strong> answer Congress’s request for further information<br />
on its use of the law. Some Department of Justice officials believe that detaining possible<br />
terrorist suspects as material witnesses is a creative and clever strategy. But their selfsatisfaction<br />
reflects a disconcerting willingness <strong>to</strong> abandon adherence <strong>to</strong> the rule of law<br />
and <strong>to</strong> extend the boundaries of executive power past constitutional limits.<br />
His<strong>to</strong>ry has shown that in times of perceived national peril, governments often succumb<br />
<strong>to</strong> the temptation <strong>to</strong> abuse their powers of arrest and incarceration. <strong>Human</strong> <strong>Rights</strong><br />
<strong>Watch</strong> and the American Civil Liberties Union recognize the critical importance of<br />
protecting lives from terrorist attacks and bringing <strong>to</strong> justice those responsible for them.<br />
But the fight against terrorism must include a vigorous affirmation of fundamental<br />
rights. We hope this report will encourage U.S. officials, legisla<strong>to</strong>rs, and the public <strong>to</strong><br />
insist that U.S. domestic counterterrorism efforts be conducted without running<br />
roughshod over the principles of liberty and due process that the United States has long<br />
recognized as the foundation of its strength.<br />
HUMAN RIGHTS WATCH VOL. 17, NO. 2(G) 6