Yesterday, the Center for Constitutional Rights, The Council on American Islamic Relations-New York, and Amnesty International released an open letter expressing serious concern over the upcoming trial of Syed Fahad Hashmi. The letter urges the Attorney General, Eric Holder to both review and revise Department of Justice regulations which govern the implementation of Special Administrative Measures. SAMs can be imposed on inmates past 120 days when the Department of Justice deems it reasonably necessary “because there is a substantial risk that an inmates communication or contacts with persons could result in death or serious bodily injury to persons or substantial property would entail the risk of death or serious bodily injury to persons.” The open letter expresses concern over whether Fahad has even been informed of the reasons for the imposition of the SAMs.
While I understand that the Department of Justice has a duty protect both people and classified information, I fail to understand why this results in conditions of confinement that are cruel, inhuman and yes…by international standards rise to the level of torture. For three years before he has even faced trial, Fahad has been in a solitary cell, in downtown Manhattan, unable to speak to other prisoners. He is taken to exercise in a small cage inside the prison for one hour a day and is not permitted access to any natural air or sunlight. He has only been allowed outside contact with his immediate family on a limited basis and his attorneys. He is under constant surveillence when he uses the toilet, showers or meets family or his attorneys. He is forbidden from listening any televised or radio news and cannot have access to newspaper more current than thirty days which are censored by the government.
Where is that familiar phase we all heard in fourth grade social studies class, “innocent until proven guilty”?
I was happy to read that these three organizations came together to write a letter regarding this issue. However, I can’t help but be incredibly disappointed with the silence of the other human rights and civil liberties organizations on this issue. Prolonged isolation in solitary confinement for both the accused and the guilty implicate serious human rights issues. Continue Reading »