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UNITED STATES: “WE ARE NOT THE ENEMY"

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had no hate crimes each year. - Nevertheless, the study found that many of those jurisdictions had hate crimes that were not reported to the FBI. 149 This “false-zero” reporting to the FBI is so severe that the study estimated six thousand hate crimes, almost 75 percent again as much as the total number of hate crimes reported nationwide each year to the FBI, are not included in reports to the FBI.Further complicating matters with regard to tracking anti-Arab violence is that the FBI does not track specific ethnic community hate crimes, instead generically classifying any anti-ethnic violence into a single ethnic crime category.

fective measures to combat these despicable

The first report was issued on October 11, 2001 once it was clear that a widespread backlash, numbering ten incidents per day, was occurring in California; the second was issued on December 11, 2001, after the backlash had significantly decreased to one incident per day."" To our knowledge, the California attorney general's office was the only state or local government agency to publish data on the September 11 backlash while it was occurring.

City and State Hate Crime Tracking

In addition to federal efforts to collect hate crime data, a handful of city and state agencies in the United States also collect and publish their own hate crime statistics. Most notable among these are California, Illinois, Chicago, and Los Angeles County, which all publish detailed statistics each year on hate crimes.

In addition to making a special effort to track and publish September 11-related crimes, California also publishes a yearly hate crimes report containing detailed statistical data on the type of hate crimes occurring. the victims, the offenders, location of attacks, and prosecution rates. The yearly report for the year 2001 was published on September 18, 2002. The report found that: the overall number of hate crimes reported last year actually would have decreased five percent from a year earlier if not for the bias-motivated assaults against Californians victimized because they are Muslim or appeared to be of Middle Eastern descent,

The law enforcement agencies in the cities researched for this reportDearborn, Chicago, Seattle. Los Angeles, Phoenix, and New York—all participate in the UCR system at the federal level. Some cities and states, like California and Chicago, also have specially tracked and published statistics on September 11-related bias crimes, while others, like Seattle and New York, did not. The Office of the Attorney General for California was the most aggressive in collecting data on September 11-related hate cimes and widely publishing it. The California attomey general's office issued two “Interim Reports" listing the number of September 11related bias on hate crimes against Arab and Muslims and those perceived to be Arab or Muslim in six large California cities. The attorney general published the data because he believed the information was "central to developing ef

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253

251 “Auomey General Releases Interim Report on AnuArab I late Crimes." Office of the Attorney General State of California. October 11, 2001.

** Attorney (reneral Releases Interim Report on IntiArab Hate ( 'rumes." Office of the Attorney General State of California. October 11, 2001; "Attorney General Releases Inter im Report on Anti- \rab Hate Crimes," Office of the Attorney General State of California, Dexember 11. 2001

“Altomey General Lockyer Releases Annual Hate Crime Report Showing Spike From Post 9/11 Anti-Arab Attacks," Press Release, Office of the California Attorney (reneral, September 18, 2002, retrieved on September 18, 2002. from

http://caag.state.ca.us/newsalerts:2002/02106 htm. 254

Human Rights Watch telephone interview with Robm Toma, August 27, 2002.

4 "Improving The Quality And Accuracy or Bias Crime Statisks Nationally. An Assessment Of The First Ten Years Of Bias Crime Data Collection." The Center for Crminal Justice Policy Research College of Criminal Justice Northeastern University and Justice Research and Staustics Issociation, September 2000.

Ibid Ibid

UNITED STATES: “WE ARE NOT THE ENEMY"

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The Dearborn Police Department separately categorized September 11-related hate crimes and logged them for internal investigatory purposes. The Department, however, has not published hate crimes statistics in the past. Information on hate crimes in Dearborn is published each year as part of the Michigan State Police department's submission of data to the FBI's Uniform Reporting System program.

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The Chicago Police Department has published a comprehensive annual hate crimes report since 1995. On June 27, 2002, it issued its annual “Hate Crimes in Chicago Report. The report stated that Chicago police separately tracked September 11-related hate crimes and listed the number of September 11-related hate crimes in Chicago. Like the Los Angeles County Commission on Human Relations and the California attorney general's annual hate crime reports, the Chicago Police Department report includes information on the type of victims, the offenders, location of attacks, and types of hate crimes occurring, but it does not contain data on prosecution rates.

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202

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Neither New York nor Seattle publish yearly data on hate crimes. The Bias Crimes Unit of the New York City Police Department did, however, track the number of September 11-related hate crimes in the three months after September 11 for internal investigatory purposes. Seattle did not track such data, and indeed, unlike any city researched for this report, did not track September 11-related hate crimes

The only published data on hate crimes in New York and Seattle is the data published yearly by the FBI in its annual hate crimes report. This data, as described above, is cursory in nature. providing only the number of hate crimes committed each year and the types of victims attacked. Information on hate crime perpetrators, the location of attacks, the type of crimes committed, or prosecution rates is not included in the Uniform Crime Reporting system used by New York City and Seattle.

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200

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Human Rights Watch Interview with Sergeant Tunothy Harper, Dearborn Police Department, June 3, 2012.

See http://www.state.mi.us/msp crducr98'uer_h07 htm. retrieved on September 10.2002.

Human Rights Watch interview with Julie Pate, Seattle Office of Civil Rights, July 31, 2002; Human Rights Watch interview with Detective Christie Lynn-Bonner, Seattle Police Department, August 2, 2002.

http:/#4 ci.chiil.us. /caps 'Statistics Reports Hatel rimes'ı dex.html, retrieved on September 10, 2002

Ibid Ibid.

See http://www.ci.phoenix.az us: POLICE'haler2.huml, retrieved on September 10. 2002.

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UNITED STATES: “WE ARE NOT TAE ENEMY"

APPENDIX

Backlash Preparation
Center for the Prevention of Hate Violence
Stephen L. Wessler
(207) 780-4756
e-mail: CPHVuusm, maine.edu
website: http://www.cphv@usm.maine.edu

Hate Crimes Prosecution
Michigan Attorney General's Taskforce on Hate Crimes
Michigan Attorney General Hate Crimes Prosecution Team
(517) 335-0804

Hate Crime Tracking
Los Angeles County Commission on Human Relations
Marshall Wong
Hate Crimes Coordinator
(213) 974-7617
www.LAHumanRelations.org

Affected Community Outreach Special Counsel to the Assistant Attomey General on Backlash Discrimination Joseph Zogby (202) 514-6534 e-mail: Joseph.Zogbyąusdoj.gov website: www.usdoj.gov/crt nordwg.html

Corporal Daniel Saab
Community Policing Officer
Dearborn Police Department
(313) 943-2800

Hate Crimes Investigation Support
Office of the Maine Attorney General
Civil Rights Team Project
Attomey General Thomas Harnett
(207) 626-8800
website: www.maine.gov/ag/civilrights.html

UNITED STATES: “WE ARE NOT THE ENEMY"

ACKNOWLEDGMENTS

This report was written by Amardeep Singh, U.S. Program researcher at Human Rights Watch, based on research he undertook in Washington, D.C. and five other cities across the United States. It was edited by Jamie Fellner, director of the U.S. Program, and Joe Saunders, interim program director, with legal review provided by Dinah Pokempner, general counsel. Jonathan Horowitz, program coordinator, provided significant research and production assistance.

Human Rights Watch would like to thank the many public officials and community activists who provided us with information, documentation, and insights about backlash crimes and goverment responses to it following September 11.

Human Rights Watch is grateful to the William and Flora Hewlett Foundation and to Atlantic Philanthropies for providing the funding that made this report possible.

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REPORT, HUMAN RIGHTS WATCH, “PRESUMPTION OF GUILT,” AUGUST 2002

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PRESUMPTION OF GUILT:
Human Rights Abuses of Post-September 11 Detainees

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