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<h1 class="article-title">Inside the Kafkaesque World of the US’s
'Little Guantánamos'</h1>
<p class="author">By Annie P. Waldman</p>
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<b><small><small><a class="moz-txt-link-freetext" href="http://www.vice.com/read/inside-the-kafkaesque-world-of-the-uss-little-guantanamos">http://www.vice.com/read/inside-the-kafkaesque-world-of-the-uss-little-guantanamos</a></small></small></b><br>
<p> We sat together on her couch, her small, eight-year-old hands
clutching a photo of her father, Yassin Aref. “My daddy only held me
twice before I was five,” Dilnia told me. For the first five years of
her life, she only knew him as the man on the other side of a
plexiglass window in a communication management unit in an Indiana
federal penitentiary.</p>
<p> Prisoners describe the communication management units, or CMUs, as
“Little Guantánamos.” In 2006, the Bureau of Prisons created two of
these units to isolate and segregate specific prisoners, the majority
of them convicted of crimes related to terrorism. The bureau secretly
opened these units without informing the public and without allowing
anyone an opportunity to comment on their creation, as required by law.
By September 2009, about 70 percent of the CMU prisoners were Muslim,
more than 1,000 to 1,200 percent more than the federal prison average
of Muslim inmates.</p>
<p> In the CMUs, prisoners are subject to much stricter rules than in
general population. They are limited to two 15-minute telephone calls
per week, both scheduled and monitored. Visits are rarely permitted,
and when family members are allowed to visit, they are banned from
physical contact, limited to phone conversations between a plexiglass
window. This differs from the general population, where prisoners can
spend time with their visitors in the same room. To further the
isolation, some of the CMU prisoners are held in solitary confinement,
with only one hour out of their cells each day.</p>
<p> After nearly three years of imprisonment in two CMUs, one in
Indiana and one in Illinois, Aref and four other inmates decided to
take action. On April 1, 2010, Aref, Daniel McGowan, Avon Twitty, Royal
Jones, and Kifah Jayyousi filed a federal civil-rights lawsuit with the
Center for Constitutional Rights against the Department of Justice and
the Bureau of Prisons. The lawsuit, <a
href="http://ccrjustice.org/ourcases/current-cases/aref,-et-al.-v.-holder,-et-al."><em>Aref
et al. v. Holder</em></a>, ignited the first attempt to expose the
unconstitutionality of the CMUs. The prisoners argue in their complaint
that the CMUs violate the First, Fifth, and Eighth amendments of the
United States Constitution, as well as the Administrative Procedures
Act. After nearly four years, and to the surprise of many involved, the
case continues on and will go to trial or into settlement this year.
The attorney for the prisoners is hopeful that the case will be settled
with a summary judgment in March, vindicating their claims.</p>
<p> Since the original filing, the government has pushed hard to
invalidate their case, successfully dismissing three of the original
five plaintiffs. After the filing of the lawsuit in 2010, all five
plaintiffs were transferred out of the CMUs. Because they were no
longer in the CMUs, the specific complaints of three of the plaintiffs
were invalidated. Yet Aref’s and Jayyousi’s complaints challenged more
than just their own imprisonment in the CMU. They disputed the
constitutionality of the CMUs as a government facility.</p>
<p> Although many advocates expected their case to be dismissed in its
entirety, Judge Barbara Rothstein of the Western District of Washington
allowed the case to continue. If a judge rules in favor of the
prisoners later this year, the CMUs will be required to fit current
prison standards, and some believe that they could ultimately be closed
down.</p>
<p> As an eight-year old, Dilnia doesn’t understand any of the
implications of her father’s lawsuit. Like the rest of her family, she
just wants him home.</p>
<p> * * *</p>
<p> Although Aref is the one behind bars, his family also feels
imprisoned and under constant surveillance. His wife, Zuhur Jalal, 42,
doesn’t work and stays at home, raising their four kids and waiting for
news about her husband’s case. She longs for familiar people and
things, especially her homeland, Iraq. Following the Kurdish genocide
in Iraq in the late 1980s, Aref and his family fled to Syria, and in
1999, the United Nations offered them asylum in the United States. They
came to America looking for the freedom and basic human rights that
they never had under Saddam Hussein’s regime.</p>
<p> They settled in Albany, New York, and when the city’s first mosque
opened, in July 2000, Aref became its first imam. He viewed the members
of his mosque as his family, regardless of how well he knew them or
what their background was. His commitment to the mosque quickly became
the beacon of Albany’s Muslim community. </p>
<p> Yet his accepting nature led to trouble when the FBI sent an
undercover paid informant into the mosque. Instead of being skeptical,
Aref took in the outsider without question. Within a few months, the
informant had become close with Aref’s friends, including one of his
closest friends, Mohammed Hossain. Hossain owned a failing pizza
parlor, and the informant offered him a large loan, requesting Aref to
witness the loan transaction, a common role for an imam. Aref did not
hesitate. He counted the money and signed off on the agreement, as any
notary public would have done. Neither he nor Hossain realized they
were the objects of an FBI sting.</p>
<p> A few months later, the FBI arrested Aref and Hossain, raided their
homes and the mosque, and interrogated their families. The informant
had previously mentioned to Hossain that the money he had loaned him
had been made from selling a surface-to-air missile, but Hossain had no
involvement with the missile deal. And Aref says he had no knowledge of
the deal at all. After a controversial trial, both men were convicted
of conspiring to aid a terrorist group and money laundering. They were
sentenced to 15 years in prison.</p>
<p> Judge Thomas J. McAvoy of the Northern District of New York
requested that Aref be assigned to a local prison near his family
because he had a newborn daughter. The Bureau of Prisons ignored this
recommendation along with his status as “low security,” and sent him to
the CMU in Terre Haute, Indiana. The bureau wrote a letter to the
judge, explaining that it had denied the request because of unspecified
“security reasons.”</p>
<p> When Aref was first arrested and made his one permitted phone call
to his family to tell them that he was in jail, his 12-year-old
daughter, Alaa, asked, “Why are you gone?” He told her that he didn’t
know why, but he promised her that one day he would find out. While he
was inside the CMU, his daughter’s question haunted him. He was
depressed and anxious, and according to court documents, he became
“obsessed about why he had been singled out for such restrictive
confinement, and why he is perceived as dangerous.” He had fled his
country because of Saddam Hussein, America’s main adversary during the
Iraq War. Aref saw himself as an ally of the United States. He came to
the United States with dreams of freedom and democracy. But soon after,
in the post-9/11 counterterrorism haze, he was persecuted.</p>
<p> While inside the CMU, the obstructive nature of the facility
restricted not only Aref but his family as well. Telephone calls, their
main permitted form of communication, were so difficult to organize
that it would often discourage his family from calling. All calls had
to be scheduled one week in advance and could only be made between 8 AM
and 3 PM during the week. Because the children were in school during
this time, the family had to make the calls in the principal’s office
of the school. Zuhur and her four children would gather around the
speakerphone, trying to share the limited time. They never felt that it
was enough.</p>
<p> During the first two years of Aref’s imprisonment, his family was
only able to visit four times. They didn’t own a car, so for each trip,
a close family friend would volunteer to drive them the nearly 1,000
miles to Indiana. Although the trip took 14 hours, the family was only
allowed to have one four-hour visit per month. Steve Downs, a close
friend of Aref’s, took the family on two of the trips. He tried to make
it fun for the children and would let them pick out a motel, which they
always chose for the best pool and restaurant. “It’s actually where
they learned to swim,” he said. But these moments of fun were
overshadowed by the distressing visits into the CMU. Several guards
monitored their short visits, waiting for any violation of the
seemingly arbitrary rules. During one visit, Downs pulled a pen out of
his pocket to take notes, and immediately the guards stopped the visit
and removed the family, stating that they had violated CMU code by
using a “recording device.”</p>
<p> The visits were also emotionally draining. The children became
upset with the sight of their father on the other side of the
plexiglass. They would often cry. Aref and Zuhur also found these
visits unbearably painful. They could see each other through the blurry
window, but they could not touch or hug each other. And Aref could not
hold Dilnia, a daughter he barely knew.</p>
<p> After four visits, Zuhur refused to bring the children to the CMUs
anymore, believing they were too traumatic. Aref agreed, and for the
last two years of his placement inside the CMUs, Aref did not see his
family. Only after he was transferred to the general prison population
was he able to see his children again.</p>
<p> In 2011, <a
href="http://nymag.com/news/features/yassin-aref-2011-7/"><em>New York</em> magazine
profiled Aref’s case and his time spent in the CMUs</a>. In one of the
first email exchanges that he had with press, he told journalist
Christopher Stewart, “I am not spending my time, time is spending me.”</p>
<p> * * *</p>
<p> On a cold Saturday morning last November, Downs and I visited
Zuhur’s apartment in a working-class neighborhood in Albany. He hadn’t
stopped by in a while, and Zuhur seemed surprised, yet pleased, to see
him. Children's shoes and textbooks littered the floor. An aged pizza
box and a bottle of flat soda sat on a wooden table against the wall. A
bare lightbulb lit the small living room, illuminating scuffed
lime-green walls and hanging prayer tapestries.</p>
<p> “Zuhur, your husband is taking on the government and, if he
succeeds, could stop the CMUs,” said Downs.</p>
<p> She barely showed a reaction to his words, except for her brow,
which folded in deep lines of sorrow. “Does that mean he’ll come home?”
she asked.</p>
<p> Downs looked away from her. His voice became softer. “I don’t know,
Zuhur. But he could help a lot of people.”</p>
<p> “How can he help other people if he can’t even help himself?” she
replied bitterly, brushing away tears from the corners of her eyes.</p>
<p> While in prison, Aref refused to resign himself to losing his
family or his sense of self. He published a memoir about his life in
Kurdistan, his trial, and the CMUs. He reached out to journalists to
share his story. And largely, he worked with his fellow inmates and
attorneys to prepare their lawsuit.</p>
<p> The lawsuit challenges the CMUs on two fronts: first, how the
prisoners were selected for the CMUs, a due-process challenge; and
second, why they were selected, a First Amendment challenge. The Bureau
of Prisons classified the CMUs as control units (the same category as
supermax prisons) defined by heavy communication restrictions. Prison
authorities must tell inmates why and when they are being transferred
to control units. They must also give the prisoners a chance to protest
their designation to such a unit in a hearing. Once in a control unit,
the Bureau of Prisons is required to provide regular reviews of
prisoners’ placement in the unit.</p>
<p> “The CMU doesn’t have any of this,” said Alexis Agathocleous, one
of lead attorneys, from the Center for Constitutional Rights. “All of
our clients and everyone that we know of in the CMU sort of get picked
up and taken to the CMU, and then get a piece of paper that says,
‘You’ve been sent to a CMU, and here are the reasons.’ It’s a short,
perfunctory paragraph, and often the information is inaccurate and
unfounded. There is no disclosure of what the underlying allegations
are.”</p>
<p> When inmates arrive at the CMUs, prison authorities are supposed to
tell them that they can challenge their placement through an
Administrative Remedy Process. But during the first few years of the
CMUs, neither a review of placement nor a process took place. Many
prisoners tried to uncover why they were there and how they could get
transferred out, but no inmate or attorney figured it out.</p>
<p> “No one was transferred out of the CMU until we filed our lawsuit,”
said Agathocleous. Only four years after the opening of the CMUs did
the Bureau of Prisons begin to review cases for transferring out of the
facility.</p>
<p> The lawsuit also contends that the protected religious and
political speech of prisoners was used as a rationale to send them to
the CMUs. “Perfectly legitimate, First Amendment–protected speech is
the reason that the Bureau of Prisons is saying we need to put this
person in the CMU,” said Agathocleous. Since the CMUs have 1,000 to
1,200 percent more Muslim inmates than the federal prison average, it
is difficult to ignore the idea that the CMUs might have been created
to segregate and restrict Muslim prisoners, whom the Bureau of Prisons
saw as a greater security risk than non-Muslim prisoners. “Religious
speech and religious identity have been used as a proxy for security
risk,” said Agathocleous.</p>
<p> Aref’s lawsuit is not the first complaint against the creation of
the CMUs. When the Bureau of Prisons first announced its plans to
create CMUs with a new rule in the federal register in April 2006, the
ACLU, the Legal Aid Society, and 16 other civil-liberty organizations
came together to protest the development of the new institutions. The
rule introduced heightened restrictions on the communication of inmates
charged with, convicted of, or detained in connection with terrorism.
Anyone the Bureau of Prisons deemed a risk to public and prison
security could be transferred to these new units. The civil-liberty
groups saw the suggested blanket ban on communication as unprecedented
and unconstitutional, and infringing on First Amendment rights. They
demanded that the rule be withdrawn.</p>
<p> The Bureau of Prisons ignored their demands. In September 2006, the
inspector general of the Department of Justice reported that the Bureau
of Prisons had moved forward on “several ongoing and proposed
initiatives to improve the monitoring of communications for terrorist
and other high-risk inmates.” Yet no one knew if the CMUs existed until
the first prisoners were transferred to the CMU in Terre Haute,
Indiana, in December 2006. They were transferred without any notice,
hearing, or explanation. A few months later, the Bureau of Prisons
created another CMU in Marion, Illinois, and more prisoners were
transferred into this unit without notice or sufficient explanation. </p>
<p> Not only are the prisoners kept in the dark about the CMUs; the
American public is as well. For the past 18 months, Human Rights Watch
and the Human Rights Institute at Columbia University have been
investigating human-rights abuses in the federal prosecutions of
American Muslims since September 11, 2001. Much of their research
revolves around the secretive CMUs. In August 2012, Human Rights Watch
requested further information from the Bureau of Prisons, in accordance
with the Freedom of Information Act. After months of waiting for the
Bureau of Prisons to relinquish the information, Human Rights Watch and
the Human Rights Institute filed a lawsuit in October 2013, to impel
the government to provide the requested documents and data necessary
for understanding the covert treatment of convicted citizens. They
still have not received the requested information.</p>
<p> * * *</p>
<p> “I think that the Bureau of Prisons has been secretive in nature
because, if this kind of information were to be widespread, there would
be an outcry,” said Noor Elashi. Her father had been imprisoned in a
CMU with Aref. But unlike Aref, who was transferred to a low-security
prison, her father still remains in a CMU.</p>
<p> Elashi and I talked about her father in a small café in Manhattan
as rain clouds haunted the November sky. She spoke slowly, choosing her
words carefully as she recalled his stories from inside the CMU: how he
lost visitation rights for putting his name on a yoga mat, how she
rarely speaks with him because of his limited permitted phone calls,
and how her relationship with her father has suffered because she
cannot touch, hug, or smell him.</p>
<p> Elashi’s father, Ghassan, was charged under the ambiguous Material
Support Statute for sending humanitarian aid, such as books and
backpacks, to a Palestinian charity committee in Gaza. The prosecution
claimed these committees were front organizations for Hamas, a
US-designated terrorist organization, even though USAID and other
international organizations had donated to the same committees. He was
convicted and sentenced to 65 years in prison.</p>
<p> Elashi believes that what happened to her father and the other
defendants in his case exemplify the prosecutorial bias against
American Muslims after 9/11. His placement in a CMU furthers her belief
that her father and many others like him were targeted, charged, and
imprisoned for their religious beliefs. “Every aspect of today’s
post-9/11 prosecutions echoes the political persecutions that existed
during the civil-rights movement and during World War II against the
Japanese Americans,” she said. “I think things will change, but it’s an
uphill battle. The truth will slowly unpeel itself as we continue to
investigate, document, and witness.”</p>
<p> * * *</p>
<p> Under media scrutiny in 2009, the Bureau of Prisons increased the
percentage of non-Muslims in the CMUs. Many inmates now believe that
the non-Muslim prisoners were placed in the CMUs to balance the
population and make the units appear less religiously segregated and
secret. </p>
<p> One of the original plaintiffs in Aref’s lawsuit, Daniel McGowan,
was one of these “balancers.” In 2007, McGowan was sentenced to seven
years in prison on multiple counts of conspiracy and arson related to
the destruction of two lumberyards. Originally, he was sent to a
low-security prison and spent the majority of his time writing
political articles on prisoners’ rights and environmental issues.
Within a year, he was sent to a CMU.</p>
<p> “They claim that it’s not an isolation unit, and it’s not a
punishment unit, but the way they treat you? It’s like you’re a
killer,” McGowan told me. McGowan’s been out of prison for almost a
year. Living in Brooklyn with his wife, he is waiting out his period of
supervised release, which will be done in 2016.</p>
<p> He met me during his lunch break a couple weeks after he gave his
witness deposition for the lawsuit against the CMUs. “It’s a horrible
place. You’re under constant surveillance, and you’re in a tiny area.
It feels like you’re being sat on,” he said. The only place he didn’t
feel the eyes of the authorities was in the shower. Other than that, he
always felt that he was being monitored: when he was alone in his cell,
on the phone, in the yard, eating lunch, or even getting his teeth
cleaned. There were extra eyes on the inmates of the CMUs; there was a
sense of surveillance that he had never experienced in the standard
prison system.</p>
<p> The 18th-century social theorist Jeremy Bentham envisioned a new
model for incarceration. Prisons of the future would be shaped like a
cylinder, with cells lining the curved walls and stacked on top of each
other. In the center of the prison would stand a single watchtower,
with windows that would allow prison guards to look out without
prisoners looking in.</p>
<p> Bentham created this prison design to maximize the visibility of
prisoners, while isolating them in individual cells, so they could
never be sure when they were being watched and when they weren’t. The
design, which he called the Panopticon, allowed a minimal number of
prison wardens to watch over a large number of prisoners.</p>
<p> French philosopher and theorist Michel Foucault took the metaphor
of the Panopticon one step further. In <em>Discipline and Punishment</em>,
he wrote that the major effect of the Panopticon was “to induce in the
inmate a state of conscious and permanent visibility that assures the
automatic functioning of power.” In other words, under constant
surveillance in the Panopticon, the inmates would internalize the
monitoring and would begin to monitor themselves. Indeed, it was of
little importance whether the prisoners were actually being
watched—what mattered was that they thought they were.</p>
<p> McGowan hesitated when I asked him how the CMU’s surveillance had
changed him. “You start surveilling yourself. You police your own
behavior because you are aware that you are being watched all the time.”</p>
<p> Aside from the constant surveillance, McGowan rarely received any
information on why he had been sent there and how he could appeal his
transfer. A few days after the Bureau of Prisons had transferred him to
the CMU without warning or reason, they gave him a one-page memo that
stated in a short five-sentence paragraph why he had been transferred.
Yet the memo only listed a summary of his conviction, with some of the
details incorrect. Why he had been transferred to the CMU was still a
mystery to him. “Even if you feel like there’s a reason to open up one
of these units, you have to do it legally. You can’t just open it up
and jack people in there.”</p>
<p> Before the judge dismissed McGowan as a plaintiff, the courts
impelled the Bureau of Prisons to release new information on why he had
been sent to a CMU. <a
href="http://www.supportdaniel.org/files/motiontodismissex5.pdf">In a
previously unseen memo</a>, the chief of the Bureau of Prison’s Counter
Terrorism Unit, Leslie Smith, said that McGowan had been sent to the
CMU due to some of his outspoken political views. In April 2013,
McGowan wrote about the new document on the <a
href="http://www.huffingtonpost.com/daniel-mcgowan/communication-management-units_b_2944580.html">Huffington
Post</a>:</p>
<blockquote>
<p> It is becoming increasingly clear that the BOP is using these
units to silence people, and to crack down on unpopular political
speech. They have become units where the BOP can dump prisoners they
have issues with or whose political beliefs they find anathema. In the
months that come, with CCR's help, I hope to prove that in court and
show what is happening at the CMUs. This needs to be dragged into the
sunlight.</p>
</blockquote>
<p> Less than three days after McGowan published his article on the
Huffington Post, the Bureau of Prisons remanded him into custody for
“publishing under his own byline,” a violation of his probation.
Although McGowan was released after one evening and was not charged
with anything, the detention deeply troubled him. It was a reminder of
the bureau’s ability to curtail his freedom of speech. It was a
reminder of the lack of transparent rationale or process. As in the
CMU, it seemed to McGowan that the bureau was making up the rules and
regulations as it went along.</p>
<p> Although details about the CMUs remain elusive, one notion about
the CMUs is concrete for McGowan and the other inmates: The CMUs
represent relentless surveillance and monitoring.</p>
<p> * * *</p>
<p> “I know this mosque is under surveillance,” said Shamshad Ahmad,
president of Masjid As-Salam, where Aref was the imam. Ahmad, Downs,
and I were sitting in the backroom of the mosque, in the classroom
where Aref used to teach. Toy trucks and coloring books were strewn
across the carpeted floor, and the walls were covered with children's
drawings of their families. The door handle was still broken from the
FBI raid years before.</p>
<p> When Ahmad had originally bought the building to convert it into a
mosque, Aref volunteered to help him renovate it. He asked for no money
but worked nightly on the mosque after he came home from work. Once the
mosque was complete, Ahmad knew the only person who could lead the
community was Aref, and chose him to be its imam. They were close
friends. Ahmad called Aref his brother. After Aref’s conviction, Ahmad
wrote a book defending the innocence and dignity of his good friend.</p>
<p> The Muslim community of Albany was deeply shell-shocked after
Aref’s arrest. One third of the worshipers of Masjid As-Salam stopped
going to the mosque to pray. Ahmad says that they were afraid of being
too visible in his or any mosque.</p>
<p> “Later on, they considered this a punishment for being Muslim,”
said Ahmad. “If you are a Muslim living in this society after 9/11, you
expect your mosque will be under surveillance. You will be under
surveillance. The government will try to entrap you. You cannot do
anything about it.”</p>
<p> “It’s like Niemöller said,” interjected Downs. He leaned back in
his chair, reciting from memory: “'First they came for the Socialists,
and I did not speak out—because I was not a Socialist. Then they came
for the Trade Unionists, and I did not speak out—because I was not a
Trade Unionist. Then they came for the Jews, and I did not speak
out—because I was not a Jew. Then they came for me—and there was no one
left to speak for me.”</p>
<p> Ahmad nodded and laughed, although the words seemed hardly
humorous. “We live our life knowing that we are watched and under
surveillance,” Ahmad concluded.</p>
<p> * * *</p>
<p> Many of the inmates in the CMU and their families hope that Aref’s
lawsuit will create a formal process for the facilities and lighten
their heavy communication restrictions. With depositions for the trial
complete, Aref and Jayyousi’s attorneys expect the case to go to trial
or reach a settlement in early 2014. At this time, both the Federal
Bureau of Prisons and the Department of Justice have declined to
comment on the case. Even if the case does not succeed in changing the
system, some of the inmates hope that the case will illuminate
concealed information, as in McGowan’s case. But until the lawsuit is
settled, the CMUs will remain open—and opaque.</p>
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