Witness to Abuse - Human Rights Watch

The FBI first held Khan as a visa violator but later obtained a material witness warrant
for his arrest. Both he and Azmath, who was arrested on an immigration charge, were
held in solitary confinement in the high security Special Housing Unit of MDC Brooklyn
for almost a year. 276
The government never charged them with any terrorist-related offenses. Instead, the
government eventually charged them with credit card fraud, based in part on statements
Khan and Azmath made without the presence of counsel. During a court hearing in
April 2002, Khan’s attorney argued against his continued detention:
Why is this defendant being held in such close custody, when there is no
terrorism case against him and it has not been shown in any credible,
palpable way that this defendant was involved in an attempt to hijack an
airliner to crash into the World Trade Center? …
Yes, he’s a Muslim, he’s from India. His family lives in Hyderabad. The
defendant has no criminal record, no pilot training, none of the
indicators that would suggest that the defendant is involved in planning
some kind of heinous act against buildings or airliners, none of that in
this case. 277
Khan’s mother took his case to the United Nations Working Group on Arbitrary
Detention, which ruled that the United States had violated international prohibitions
against arbitrary detention by holding Khan and Azmath without a sufficient basis. 278
After almost a year in detention, Khan was convicted of credit card fraud and given time
served. At his sentencing hearing, he contested his arrest:
Your honor, I must say, my arrest was executed without probable cause
based upon entirely bare suspicion and racial profiling. Single me out, a
Muslim, as a terrorist. Your Honor, I am not a terrorist. 279
276
Omer Farooq, “One-Time Terror Suspect Claims Abuse in U.S. Prison; Indian Cleared in 9/11 Attacks
Recalls ‘Torture,’” Associated Press, Jan 2, 2003 (Farooq, “One-Time Terror Suspect Claims …”).
277
Transcript of April 12, 2002 Court Proceedings, United States v. Shah, Cr. No. 02-44 (S.D.N.Y. Filed June 6,
2002).
278
Ayub Ali Khan and Azmath Jaweed v. United States of America, Working Group on Arbitrary Detention, UN
Doc. E/CN.4/2004/3/Add.1 at 20 (2002).
HUMAN RIGHTS WATCH VOL. 17, NO. 2(G) 86