Witness to Abuse - Human Rights Watch

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