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Old 08-16-2002, 11:41 AM   #1
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United States: Abuses Plague Sept. 11 Investigation

United States: Abuses Plague Sept. 11 Investigation
Checks on Government Authority Should Be Restored

(New York, August 15, 2002) The U.S. government's investigation of the September 11 attacks has been marred by arbitrary detentions, due process violations, and secret arrests, Human Rights Watch said in a new report released today. The U.S. 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.

"An immigration violation should not give the government license to rip up the rule book," said Jamie Fellner, director of Human Rights Watch's U.S. Program. "By restricting judicial oversight and blocking public scrutiny, the government has exercised virtually unchecked power over those it has detained."
The ninety-five page report, "Presumption of Guilt: Human Rights Abuses of Post-September 11 Detainees," is based on Human Rights Watch interviews with scores of current and former detainees and their attorneys. The report provides the most comprehensive analysis yet of the Justice Department's treatment of non-citizens swept up in the post-September 11 investigation.

Human Rights Watch 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 overridden judicial orders to release them on bond during immigration proceedings. 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.

Some 1,200 non-citizens have been secretly arrested and incarcerated in connection with the September 11 investigation, although the government has not disclosed the exact number. The vast majority are from Middle Eastern, South Asian, and North African countries. The report describes cases in which random encounters with law enforcement 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 then held on immigration charges while the government continued to investigate them. 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 has been indicted for terrorist-related crimes. Most were ultimately removed from the United States.

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. In some cases, the Justice Department flouted regular procedures to keep non-citizens in the custody of the Immigration and Naturalization Service (INS) on the off chance that they might be found to be engaged in terrorism, a practice that amounts to unlawful "preventive detention."

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

Human Rights Watch also criticized the U.S. government for blocking the public's 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.

Human Rights Watch calls on the U.S. government to:


Immediately release the names of all persons detained since September 11 in connection with the terrorism investigation, and reverse its policy of secret hearings;

Inform all INS detainees of the charges against them within forty-eight hours of arrest or release them, and rescind the rule that permits indefinite delay in charging INS detainees in "exceptional circumstances;"

Advise all INS detainees who are questioned about terrorism of their right to remain silent, to have an attorney present during questioning, and to have one court-appointed if needed; and

Comply immediately with all judicial orders to release detainees on bond, and stop keeping persons in INS detention until law enforcement decides that they are innocent of terrorist links.



From Human Rights Watch webpage
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Old 08-16-2002, 06:48 PM   #2
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this is bullshit. i don't usually DEFEND the government, but...


Immediately release the names of all persons detained since September 11 in connection with the terrorism investigation, and reverse its policy of secret hearings;


no, they can't do this. were they to do this, they could ruin their chances of finding more terrorists. say they detained john doe of elysian, minnesota and they found out he actually had terrorist connections. then they'd offer him a deal to get more names of people in connection with the terrorists. if they gave out the names to the public ahead of time, the people who had terrorist connections would see that john doe was detained and leave the country. or destroy their connections that were actually concrete and deny it. at any rate, this needs some secrecy about it which sucks, but again, it's needed for "success."


Inform all INS detainees of the charges against them within forty-eight hours of arrest or release them, and rescind the rule that permits indefinite delay in charging INS detainees in "exceptional circumstances;"


this is an exceptional circumstance. otherwise, detainees should be informed quickly just like any other citizen.


Advise all INS detainees who are questioned about terrorism of their right to remain silent, to have an attorney present during questioning, and to have one court-appointed if needed;


ins detainees are citizens of the united states of america and thusly have these rights. they should be informed of them upon arrest just as any other citizen and if they aren't, then that's not in any way appropriate.


Comply immediately with all judicial orders to release detainees on bond, and stop keeping persons in INS detention until law enforcement decides that they are innocent of terrorist links.


innocent until proven guilty. if the fbi is doing this, holding prisoners as guilty until proven innocent, then again, that is completely inappropriate.

there is a lot of corruption in america these days and any and all trust that was previously held for anything is now either gone or quickly depleting. there is an fbi group investigating the cia group that is investigating the fbi's performance on 9/11. which again points out the trustworthiness of the government right now.
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Old 08-16-2002, 06:53 PM   #3
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i must clarify

i should note that my defense of some of the above things is not because i am supporting the abuse of human rights policies. the first subject listed there (the names be released) is not in any way a part of human rights, and there is a reason to that. the second subject notes "exceptional circumstances" and if these are not those, i'm not sure what are.

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Old 08-16-2002, 08:14 PM   #4
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Does national security ever outweigh inconvenience?
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Old 08-16-2002, 10:48 PM   #5
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Originally posted by U2Bama
Does national security ever outweigh inconvenience?
why should it?
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Old 08-16-2002, 11:24 PM   #6
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If every country in the world would put national security over human rights (which is actually the case in most) the human rights are only utopic.
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Old 08-16-2002, 11:30 PM   #7
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Originally posted by Lilly


why should it?

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Old 08-17-2002, 01:14 AM   #8
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der

*packs up sarcastic bags & moves elsewhere*

i understood what bama was saying...it was a rheutorical question that made the point by asking it. apologies for the ambiguity.

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Old 08-17-2002, 07:24 AM   #9
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Quote:
Originally posted by LOVE MUSCLE




Bullet The Blue Sky

"The War is over , we don't need your help , america makes a war on itself "

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Old 08-17-2002, 12:25 PM   #10
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Bullet The Blue Sky

"The War is over , we don't need your help , america makes a war on itself "

I forgot, it's all our fault.

If that were true then wouldn't the whole world be America?

Since we obviously have the power then why don't we just take over the entire world?

SInce we are obviously being accused of such...
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Old 08-17-2002, 12:58 PM   #11
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We have already taken over the entire world. They have McDonald's in London.

But now that I think of it, Mercedes-Benz has a plant 30 miles from my house (where they build evil SUVs), so I guess Germany has taken over the U.S.
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Old 08-17-2002, 01:21 PM   #12
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Quote:
Originally posted by LOVE MUSCLE


I forgot, it's all our fault.

If that were true then wouldn't the whole world be America?

Since we obviously have the power then why don't we just take over the entire world?

SInce we are obviously being accused of such...

I would not say everything is USA's fault

Count the number of countries where there is USA troops

On the other hand to "rule" the world is easier by taking "control" of the economies of the countries, economic colonialism. An spanish expresident, Felipe Gonzalez said it not long ago. USA is a friendly empire (most of the time), still an empire tho, the problem is that USA wants to be loved, and that is hard.

Refer to NATO, OEA, IMF, World Bank, et al.
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Old 08-17-2002, 02:03 PM   #13
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Quote:
Originally posted by U2Bama
We have already taken over the entire world. They have McDonald's in London.

But now that I think of it, Mercedes-Benz has a plant 30 miles from my house (where they build evil SUVs), so I guess Germany has taken over the U.S.
didn't you just prove your point wrong?

yes, there are mcdonalds everywhere, but that is marketing, it's business.

if you want taking over the world reference raf's post.
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Old 08-17-2002, 04:29 PM   #14
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haha, so much for sarcasm Bama!
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Old 08-17-2002, 04:36 PM   #15
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build a better truck

Quote:
Originally posted by U2Bama
But now that I think of it, Mercedes-Benz has a plant 30 miles from my house (where they build evil SUVs), so I guess Germany has taken over the U.S.
the MLs suck.
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