September 11 Digital Archive

September 11th investigation marred by arbitrary detentions, says Human Rights Watch

Title

September 11th investigation marred by arbitrary detentions, says Human Rights Watch

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born-digital

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article

Original Name

An immigration violation should not give the government license to rip up the rule book, said Jamie

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yes

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no

Date Entered

2002-08-30

VTMBH Article: Edition

33

VTMBH Article: Article Order

4

VTMBH Article: Title

September 11th investigation marred by arbitrary detentions, says Human Rights Watch

VTMBH Article: Author

Ela Dutt

VTMBH Article: Publication

News India-Times

VTMBH Article: Original Language

English

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VTMBH Article: Section

news

VTMBH Article: Blurb

An immigration violation should not give the government license to rip up the rule book, said Jamie Fellner, director of Human Rights Watchs U.S. Program, after his organization released a new report listing arbitrary detentions, due process violations, and secret arrests among the human rights violations since September 11th.

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The United States governments investigation of the September 11th attacks has been marred by arbitrary detentions, due process violations, and secret arrests, Human Rights Watch (Human Rights Watch) said in a new report released on Aug. 15.

The Department of Justice has misused immigration charges to dodge legal restraints on its power to detain and interrogate people as it pursues its terrorist probe, said Human Rights Watch. An immigration violation should not give the government license to rip up the rule book, said Jamie Fellner, director of Human Rights Watchs U.S. Program. By restricting judicial oversight and blocking public scrutiny, the government has exercised virtually unchecked power over those it has detained.

The 95-page report, Presumption of Guilt: Human Rights Abuses of Post-September 11 Detainees, is based on the rights groups interviews with scores of current and former detainees and their attorneys. The report provides an analysis of the Justice Departments treatment of non-citizens swept up in the post-September 11th investigation. The rights group said it found that the U.S. government has held some detainees for prolonged periods without charges; impeded their access to counsel; subjected them to coercive interrogations; and overrode judicial orders to release them on bond during immigration proceedings. By restricting judicial oversight and blocking public scrutiny, the government has exercised virtually unchecked power over those it has detained.

In some cases, the government has incarcerated detainees for months under restrictive conditions, including solitary confinement. Some detainees were physically and verbally abused because of their national origin or religion, Human Rights Watch asserted. About 1,200 non-citizens have been secretly arrested and incarcerated in connection with the September 11th investigation, the report said.

The vast majority of those detained are from Middle Eastern, South Asian and North African countries. The report describes cases in which random encounters with law enforcement agencies or neighbors suspicions based on no more than national origin and religion led to interrogation about possible links to terrorism.

At least 752 men were held on immigration charges while the government continued to investigate them, Human Rights Watch said. Turning the presumption of innocence on its head, the Department of Justice kept them in detention until it decided they had no links to, or knowledge of, terrorism. None of the 752 men were indicted for terrorist-related crimes and most have been deported, the report said.

Using immigration law violations to detain these men while they were criminally investigated enabled the Justice Department to deny non-citizens their rights under U.S. criminal law for example, the right to court-appointed counsel and the right to be promptly charged after arrest, Human Rights Watch noted.

The U.S. government has failed to uphold the very values that President (George W.) Bush declared were under attack on September 11th, said Fellner. It has ignored basic restraints on a governments power to detain that are the hallmark of free and democratic nations.

Human Rights Watch also criticized the U.S. government for blocking the publics right to know what its government is doing. Secret arrests and secret hearings are incompatible with core democratic values of openness, government accountability, and the rule of law, it asserted.

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1

VTMBH Article: Date

2002-08-30

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VTMBH Article: Article File

VTMBH Article: Hit Count

55

Citation

“September 11th investigation marred by arbitrary detentions, says Human Rights Watch,” September 11 Digital Archive, accessed November 14, 2024, https://911digitalarchive.org/items/show/1569.