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US student held in solitary confinement on terrorism charges
By Tom Eley
24 April 2008
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In a chilling example of the expanding prosecution of individuals
on trumped-up charges of terrorism, Syed Hashmi, a
27-year-old US citizen and former student at Brooklyn College
in New York City and at London Metropolitan University, is being
held in solitary confinement in a federal prison on trumped-up
charges of providing material support to Al Qaida. He could face
as much as 70 years in prison.
In June 2006, Hashmi was arrested by British security personnel
at Heathrow Airport, where he was waiting for a flight to Pakistan
where he was to visit relatives. Eleven months later, Hashmi was
extradited to the US, where he was placed in the Metropolitan
Correctional Center in Manhattan under conditions of extreme isolation.
Hashmi grew up in a Pakistani-American family living in Queens,
New York City. He majored in political science at Brooklyn College,
graduating in 2003. He then studied international relations at
London Metropolitan University, earning a Masters Degree in 2005.
The evidence against Hashmi is based on the plea bargain of
Mohammed Junaid Babar, another US citizen arrested on five counts
of aiding Al Qaida. In exchange for testimony against Hashmi and
other cases pending in Canada and the UK, Babar stands to receive
a substantially reduced sentence.
According to Babar, he stayed at Hashmis London apartment
in 2004 en route to Pakistan to deliver items such as raincoats
and waterproof socks to an Al Qaida representative. He claimed
that Hashmi served as a conduit in this alleged pipeline of non-lethal
material, by virtue of the fact that Babar kept the items in the
students apartment. Hashmi is also accused of allowing Babar
to use his cellular phone.
While the offenses Hashmi is alleged to have committed occurred
in Britain, he became the first person ever extradited by the
British government to the US on terrorism charges, while never
being charged in Britain itself. Under US law, any American citizen
accused of aiding terrorism abroad may be charged in the US. The
extradition strongly suggests that British authorities did not
believe the evidence strong enough to support a prosecution there.
Hashmis former professors at Brooklyn College have recently
circulated a statement of concern via e-mail. According
to Jeanne Theoharis, Hashmis senior thesis advisor, the
statement makes no presumption about Syeds guilt or innocence
but focuses on the constitutional issues raised by his case and
the ways his civil rights and liberties have been abridged.
Theoharis intends to present the petition to members of Congress,
the Justice Department, and the media.
Hashmi faces severe isolation in prison, conditions imposed
by the office of the US Attorney General under its so-called special
administrative measures or SAMs. Theoharis described
these medieval regulations:
Hashmi must be held in solitary confinement and may not
communicate with anyone inside the prison other than prison officials.
Family visits are limited to one person every other week for one
and a half hours and cannot involve physical contact. While his
correspondence to members of Congress and other government officials
is not restricted, he may write only one letter (of no more than
three pieces of paper) per week to one family member. He may not
communicate, either directly or through his attorneys, with the
news media. He may read only designated portions of newspapersand
not until thirty days after their publicationand his access
to other reading material is restricted. He may not listen to
or watch news-oriented radio stations and television channels.
He may not participate in group prayer. He is subject to 24-hour
electronic monitoring and 23-hour lockdown, has no access to fresh
air, and must take his one hour of daily recreationwhen
it is giveninside a cage.
Other factors compromise Hashmis right to a fair
trial: the government may withhold evidence from his attorneys
yet share that evidence with the judge; the government may share
evidence with his attorneys but not allow Hashmi to see it [...]
and the conditions of Hashmis detention may impair his mental
state and ability to testify on his own behalf.
Additionally, Hashmis attorneys have been required to
submit to invasive personal interrogations in order to communicate
with their client. Among other things, the lawyers are required
to reveal their psychiatric and drug use history over the past
ten years. Hashmis lead attorney, Sean Maher, has protested
these requirements, arguing that they lay the basis for creating
a separate class of government-approved terrorism defense attorneys.
Were the governments case against Hashmi based solely
on the limited accusations and threadbare evidence exacted from
Babars plea deal, this would already demonstrate the despotic
and quasi-legal character of arrests, prosecutions, and punishment
in the so-called war on terror. But additional evidence
seems to suggest that Hashmi has been singled out for his political
activity as a student.
Theoharis has pointed out that Hashmi had written his senior
thesis on the treatment of Muslim groups in the United States
post- 9/11. As a student at Brooklyn College, Hashmi was
also a member of a student group called Al Muhajiroun, which may
have been related to an Islamic fundamentalist movement of the
same name operating out of Britain. Babar, who has now turned
states witness against Hashmi, once spoke as guest lecturer
at one of Hashmis student organization events.
Hashmis case has been virtually ignored by the US and
British media after a few celebratory accounts of his 2004 arrest.
The case of Syed Hashmi serve as a stark that the war
on terrorwhich both Democrats and Republicans promise
will continue indefinitelycan be increasingly used for the
suppression of American students and political opposition at home.
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