Since the early days of the government drag net, the ACLU has relied on the United States Constitution to fight for the rights of immigrants unfairly detained. (Our efforts - and the disturbing circumstances that prompted them are detailed later in this report.) Our complaint argues that the roundup of Arab and Muslim immigrants and their prolonged detention violates human rights principles found in two important international instruments: The Universal Declaration of Human Rights (which the U.S. helped create after World War II) • The International Covenant on Civil and Political Rights (whose provisions are similar to our Bill of Rights) The United States is a signatory to both these documents. "We want to bring to the United Nations the Now we are complementing that domestic Detention to rule that the United States gov- The personal stories of many of the people we represent are recounted in detail in profiles throughout this report. The information in these profiles was drawn from ACLU interviews conducted over the past three years. Today, nations are linked more tightly than ever through immigration and commerce. They should also, we believe, be encouraged to measure their democratic institutions against an internationally accepted standard of human rights. Here's why: By asking the United Nations to shine a global spotlight on the U.S. government's indiscriminate roundup of immigrants, the ACLU warns the government that it cannot escape justice through secrecy. The United States government has done everything in its power to hide its actions from public view. The government refused to disclose the names of the men it secretly held, and then deported them before they could tell their stories. The government clearly hoped that these immigrants had disappeared forever. But just as the United States is crossing borders abroad in the name of security, we will cross borders in the name of justice to vindicate human rights abuses. An ACLU Report The United Nations Working Group on Arbitrary Detention The United Nations Working Group on Arbitrary Detention (UNWGAD) was established by the United Nations Commission on Human Rights in 1991, and is based in Geneva. It is comprised of five independent experts judges and other legal professionals who meet three times a year, each time for five to eight days. The members of the panel are appointed by the UN Commissioner of Human Rights; they reflect the geographic distribution rules generally followed at the United Nations. (For current members, see Office of the High Commission for Human Rights, Working Group on Arbitrary Detention.www.unhchr.ch html menu2/7 b arb det/ardintro.htm.) was kept there for two months. He was never told why. For 24 hours after he was taken from his house, his wife frantically tried to learn of his whereabouts. Mr. Altaf was deported to Pakistan in the summer of 2002, without appearing before a judge. For a year, he did not see his family, who had remained behind to ensure that his daughter would get the treatment she needed. "They cry all the time whenever I talk to them and say, 'Papa Daddy when you coming back home? I miss you. I love you," he told The New York Times in 2002. "And I do the same thing. Without family, life is nothing. I'm like a dead person." After a year, his wife and two of his children joined him in Rawalpindi, where he has opened a small grocery store with his in-laws. His daughter Anza lives in New Jersey with his brother and mother. "I talked to a lot of doctors, a lot of surgeons, a lot of specialists, a lot of psychologists and audiologists." he said. "They said they don't have services right now in Pakistan for cochlear implant and special education." He hopes to bring his daughter to Pakistan "once a year to visit," he said. "Right now this is my plan." His family misses her terribly, he says. "Anytime, we talk to her - with the implant, she hears and speaks they cry. And she does, too." Mr. Altaf sorely misses the job he had in the United States. "Sometimes I call, and they say they miss working with me. Especially they miss the food. I would cook at home and take it to work for Christmas or Thanksgiving." An ACLU Report For many of the immigrants represented, the complaint to the United Nations also represents their first opportunity to tell their stories to the public. They were uprooted from their homes, taken from their families and deprived of their livelihoods. Their lives were irrevocably disrupted by the government's policies. Many still live under a cloud of suspicion in their home countries. A United Nations ruling will help clear their names of any involvement with terrorism or crime. It will provide some closure to the prolonged nightmare of their arbitrary detention and its aftermath. Noor Hussain Raza, 61, says that since returning to Pakistan he has been unable to work because of his age and heart condition. He is reduced to living in the streets, unwanted by his family and society. Advocacy before the U.N. also sends a strong message of solidarity to human rights advocates in other countries who have decried the impact of United States policies on the human rights of their citizens. Americans concerned about constitutional rights at home will continue to engage with groups and institutions around the globe to ensure that the United States respects the human rights of all persons, regardless of their nationality, race or religion. The complaint to the United Nations Working Group on Arbitrary Detention has its roots in carlier advocacy we did at home and abroad on behalf of these immigrants. It draws on interviews conducted in 2001 and 2002 by ACLU lawyers at New York and New Jersey detention centers where the majority of immigrants were held after September 11. The complaint is also grounded in interviews the ACLU conducted when it traveled to Pakistan in 2002 to meet with detainees who had been deported. AMERICA'S DISAPPEARED Khaled K. Abu-Shabayek Khaled K. Abu-Shabayek, a Jordanian national, had lived here for about twelve years prior to his arrest in April, 2002. He and his wife last resided in Cary, North Carolina with their seven children, five of whom were born in the United States and are United States citizens. While living in North Carolina, Mr. Abu-Shabayek owned a car, had a driver's license, paid taxes and rented a home for his family. Mr. AbuShabayek supported his family by working in construction and running a side business selling grocery items. Sometime in 1994, Mr. Abu-Shabayek applied for political asylum in the United States, based on his status as a Palestinian living in Jordan. His asylum request was ultimately denied, but he decided to remain in the United States with his family. He subsequently applied for permanent resident status but no final decision had been made on his application by April 2002. The police stopped Mr. Abu-Shabayek while he was traveling in the state of Tennessee on business on April 18, 2002. The officer asked for his name and other information, then placed him in handcuffs and took him to the local police station. Upon his arrest, the officer told him that he was "illegally present in the United States." and New Jersey. He was often transported between locations in windowless vans that lacked climate control. Throughout Mr. Abu-Shabayek's five months in detention, he was never brought before a judge. At his initial arrest, he was shown a piece of paper notifying him that he had a right to a hearing. He requested a hearing numerous times but was repeatedly denied by the officers guarding him. He was also aware of his right to post bond, and requested a bond hearing. This request was also denied without explanation. Finally, he was denied access to speak with a representative of his consulate. No criminal charges were ever brought against Mr. Abu-Shabayek, but the FBI told him that he was considered a "terrorist" and interrogated him on six or seven separate occasions. At one point during these interrogations, Mr. Abu-Shabayek requested permission to use a bathroom. The FBI refused, telling him "to piss on himself." He says that "Arabs and Muslims were treated more harshly than other prisoners," and that FBI agents frequently "tried to provoke Arab and Muslim detainees." Mr. Abu-Shabayek was finally deported to Jordan on September 12, 2002. He and his family are now living in Amman. Mr. Abu-Shabayek was unable to find work for fifteen months after arriving in Jordan, and supported his family on savings he had earned in the United States. His children, most of whom were raised exclusively in the United States, have had a very difficult time fitting into their new From the time he was first arrested until he was finally deported to Jordan five months later, he was moved frequently, spending time in facilities located in Tennessee, Louisiana, Oklahoma, Georgia, New York lives in Jordan. |