[Pnews] Why is US holding Palestinian charity workers in "little Gitmos"?
ppnews at freedomarchives.org
Thu Jul 24 18:05:52 EDT 2014
Why is US holding Palestinian charity workers in "little Gitmos"?
Charlotte Silver <http://electronicintifada.net/people/charlotte-silver>
24 July 2014
Noor Elashi <http://electronicintifada.net/tags/noor-elashi> has not
been able to hug her father for more than five years. Each time she
visits him at United States Penitentiary in Marion, Illinois, they must
communicate through a wall of Plexiglass. "It is unnecessarily cruel,"
she told The Electronic Intifada.
Her father, Ghassan Elashi, is one of the Holy Land Five
<http://electronicintifada.net/tags/holy-land-5>. He and four other US
citizens have been prosecuted for their work with the Holy Land
Foundation, a charity shut down by executive order in 2001. The case
against them rested on a claim that the groups in the occupied West Bank
and Gaza Strip <http://electronicintifada.net/tags/gaza> financed by the
Holy Land Foundation
affiliated to Hamas <http://electronicintifada.net/tags/hamas>. The
claim was spurious: the State Department aid agency USAID funded some of
the same groups.
Ghassan Elashi <http://electronicintifada.net/tags/ghassan-elashi> is
paying a high price for his solidarity with fellow Palestinians. For the
past five years, he has been in Marion's Communication Management Unit
Visiting Ghassan is an ordeal. To see him last May, Noor and her younger
sister had to travel almost 1,000 miles from their home in New York City
<http://electronicintifada.net/tags/new-york-city>. The closest airport
to Marion is in St. Louis, Missouri. At night, with no traffic, it is a
two-and-a-half hour drive from the airport to the prison.
Ghassan had previously been held in Texas
<http://electronicintifada.net/tags/texas>, where the entire Elashi
family used to live (and some of them, including Noor's mother, still
do). At that time, Noor was able to see him every weekend. Now she can
only do so once or twice a year.
The CMU at Marion was opened by the Federal Bureau of Prisons in 2008.
It is one of two such units in the country (the other is in Terre Haute,
Indiana). These units are often called "little Gitmos" because they bear
similarities to Guantanamo Bay
Prisoners are held in solitary confinement
<http://electronicintifada.net/tags/solitary-confinement>. The legality
of the incarceration regime is questionable --- the Center for
dubbed CMUs "experimental" as they are not subject to clear guidelines;
instead the Bureau of Prisons has simply made up the rules as it goes
along. And most of the inmates who have been held in the CMUs --- more
than 100 out of 178 men --- are Muslim
Blanket of surveillance
CMUs envelop their inmates with a blanket of surveillance, within the
prison walls as well as on their communication with friends and family,
making contact and visits not only infrequent but under conditions that
severely limit personal interaction. Inmates at a CMU are allowed two
15-minute phone calls a week and a total of eight hours of non-contact
visits a month. Other federal prisons allot inmates 300 minutes of
telephone calls and 49 hours of contact visits.
"Yes, there's an injustice in imprisoning him and the other men in the
first place, but there is a greater injustice in limiting their
communication with their family," Noor Elashi said.
In May 2009, four of the Holy Land Five were transferred
to CMUs. (The fifth, Abdulrahman Odeh, was brought to another prison in
southern California.) Two of the five, Shukri Abu Baker and Mohammed
El-Mezain, were held at the CMU in Terre Haute but have subsequently
to a different unit of that prison.
It is significant that a CMU was established at Marion. In 1963, United
States Penitentiary Marion replaced San Francisco's
<http://electronicintifada.net/tags/san-francisco> notorious Alcatraz as
the harshest incarceration facility in the nation --- the so-called "end
of the line" prison. USP Marion held those men in the US penal system
deemed "difficult to control," placing them in solitary confinement and
forcing them to undergo a new kind of "behavior modification" therapy.
Eventually an entire wing of the prison, called the control unit
be dedicated to this type of "rehabilitative" incarceration. In 1983 a
couple of inmates killed two guards in the control unit, precipitating a
brutal crackdown which would lead, ultimately, to the entire prison
being run in the same manner as the control unit --- with 23-hour
lockdown and restrictions of visits and other privileges --- for the
next 23 years. It would be the prototype for today's so-called Supermax
Denial of rights
A district court in Washington, DC is considering the final arguments
for summary judgment in a four-year-old case brought by the Center for
Constitutional Rights against CMUs. In the case, the CCR argues that the
government violates CMU prisoners' rights under the US constitution,
including the rights to due process in legal proceedings and the
prohibition on cruel and unusual punishments.
The CCR filed for the summary judgment in late April after obtaining
documents demonstrating there was no due process in determining who is
placed in a CMU.
The CCR's case was originally filed on behalf of five CMU prisoners and
two of their wivess, but a ruling in their favor would have broader
impact. A CCR lawyer, Rachel Meeropol, told The Electronic Intifada that
the the center is trying to show that this type of detention is
The CCR's work has already had some results. On the eve of CCR's lawsuit
in March 2010, the Bureau of Prisons moved a man from a CMU for the
first time since these units had been opened. Some other prisoners have
similarly been moved from CMUs since then.
Singling out Islam
A 2006 report <http://www.justice.gov/oig/reports/BOP/e0609/final.pdf>
issued by the Department of Justice's Office of Inspector General
planted the first seed for the creation of the CMUs. The report
determined that existing prison facilities and guards were not equipped
to recognize or prevent "radicalization" of inmates, or inmates with
"extreme ideology." (The only "ideology" specifically referred to in the
report was Islam.) It recommended that "The FBI should continue to
develop and reinforce procedures for interacting with the BOP [Bureau of
Prisons] regarding international terrorist inmates."
Publicly, the Bureau of Prisons responded to the report with assurances
that it had established
counterterrorism Unit (CTU) and a system of liaison
<http://www.justice.gov/oig/reports/BOP/e0609/app8.htm> between the
prisons and the FBI <http://electronicintifada.net/tags/fbi> to monitor
and report any attempts to "radicalize" among the prison populations.
But privately something else was taking place. Three months after the
Department of Justice report was published --- in December 2006 --- the
Bureau of Prisons transferred fifteen men to the CMU at Terre Haute,
Indiana, where the unit had been carved out of the prison's former death
Erosion of civil liberties
The concept of of "radicalization" among Muslims has fostered a
dangerous, terrifying erosion of Muslims' civil liberties in America
since the 11 September 2001 attacks, and has been used to justify a
proliferation of preemptive prosecution.
The theory of "radicalization" places all Muslims on a path that could
lead toward terrorist activity. Seeing all Muslims as potential
terrorists has warranted the construction of a massive architecture
within the criminal justice system that enables the FBI to entrap and
prosecute hundreds of potential "terrorists" before a crime has been
<http://www.projectsalam.org/Inventing-Terrorists-study.pdf> published by Project
Salam, an organization dedicated to monitoring terrorism prosecutions
and convictions, finds that over 72 percent of "terrorist" convictions
were prosecuted under the dubious legal theory of preemptive prosecution.
"This means that these men are basically not dangerous to the American
public. They should never have been put in there in the first place,"
Steve Downs, attorney and founder of Project Salam, told The Electronic
Analyzing the Department of Justice's 2010 list of 399 convicted
"terrorists," the report asserts that this kind of preemptive
prosecution is a weapon in the government's arsenal for the domestic
"war on terror."
Downs argued, however, that there is no "war" --- just a lot of trumped
up prosecutions that "help the government give the impression that there
is a terrorist army out there."
"CMUs are important because it pretends that these people are very
dangerous --- the 'worst of the worst' --- like at Guantanamo. But,
remember, 80 percent of those men ended up being innocent," he said.
Since the Supreme Court rejected a review of the Holy Land Five, Texas
attorney Gary Udashen has been representing the men. They are now
an application for a writ of /habeas corpus/, hoping to nullify the
convictions and sentences.
Noor Elashi is hopeful that the Center for Constitutional Rights case
could help move her father to a prison that is closer to her family,
"but of course our ultimate hope is for him to be exonerated."
/Charlotte Silver is a journalist based in San Francisco. Follow her on
Twitter: @CharESilver <http://twitter.com/CharESilver>./
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415
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