Global Voice for Justice

PRESS RELEASE – March 2010

The European Court of Human Rights is in the final stages of writing its judgement in Babar Ahmad’s extradition case. Their final decision is expected by April 2010.

What a difference a name makes!  Two young men, university students in their twenties, have been sentenced by a Federal District Court.  One received a five year sentence; the other received life without possibility of parole.  Both were born and raised within a short distance of each other.  One is Bethesda, Maryland; the other in Falls Church, Virginia.  But, one is Muslim.  Can you guess which one?

On January 19, 2010, Federal judge Peter J. Messitte sentenced Collin Matthew McKenzie-Gude to 61 months in jail for storing bomb making chemicals in his bedroom.  He had amassed the chemicals and an arsenal of weapons as part of plot to assassinate President Barack Obama during the coming 2008 presidential campaign.  Along with the chemicals and three semi-automatic rifles, two shot guns, and hundreds of rounds of ammunition including armor piercing bullets, police discovered detailed assault plans and maps of possible presidential motorcade routes stored on the young man’s computer.

McKenzie-Gade had also ordered “a two-pound shipment of the key reagent used to make PETN (pentaerythritol tetranitrate), the same material carried by the suspect in the attempted Christmas bombing on a Detroit-bound plane, federal prosecutors said [1].”  And, when he learned that police were about to search his room, he went to White Flint Mall and assaulted a 78-year-old man in a failed effort to steal his car.

Despite this clear example of a violent temperament, McKenzie-Gade is touted as an “All-American” boy.  Steven Kupferberg, McKenzie-Gude’s attorney, presented his client as a mature, bright young man, fascinated by weapons.  He was not the dangerous person the police and prosecutors made him out to be.  After all, his dream was to serve America by guarding installations from terrorists.  This was simply a case of a boy whose role-playing got out of hand.

What a contrast to the arrest and conviction of another “All American” boy, Ahmed Abu Ali from Falls Church, Virginia.  Arrested while sitting for his exams at the Islamic University of Medina in Saudi Arabia, Ahmed was held by the infamous Saudi Muba’ith (Saudi intelligence).  After being tortured, he was forced by agents of the Muba’ith, to read a confession stating that he plotted with an al-Qa’eda cell to assassinate then President George W. Bush.  He was held in Saudi Arabia for more than two years following the video-taping of this confession, yet he was not charged either in Saudi Arabia or in the United States.  Federal prosecutors did not charge Ahmed with any crime until after his family filed a civil habeas corpus petition seeking his release from Saudi detention.

Based solely on this coerced confession, he was convicted by a jury in the Federal District Court for the Eastern District of Virginia in Alexandria, and after appeal all the way to the Supreme Court, he was sentenced by Judge Gerald Bruce Lee to life in prison without parole.

However, no witness or co-conspirator ever stepped forward to confirm Ahmed’s involvement, unlike the case of McKenzie-Gade.

Patrick Yevsukov testified about McKenzie-Gade’s plans and his fascination with plots.  In the Summer of 2008, Yevsukov’s aunt told police that McKenzie-Gade was always talking to her nephew about weapons, and that the two were storing bomb-making chemical and compiling a list of the home addresses of teachers at St.John’s Academy, the military school both attended.

In Ahmed Abu Ali’s case, prosecutors presented evidence uncovered at al-Qaeda safehouses, including translations of American pilot conversations, documents with supposed aliases used by Abu Ali, and “photographs of the various weapons, explosives, cell phones, computers, and walkie-talkies found in the safehouse, all of which Abu Ali had described [in his confession]. Jihad literature and address books containing the names and e-mail address of an al-Qaeda leader, a GPS device, a walkie-talkie, a handgun magazine, a cellphone …[2]”  All of this evidence “tended to establish the trustworthiness of his admissions that he had long wanted to join al-Qaeda, to further its goals, and to provide it support and assistance.”[3]

Moreover, the government claimed that an al-Qaeda member had identified Ahmed as a member of his cell.  But no such person was produced at trial.  Instead, the prosecution submitted evidence of email messages between Ahmed and a person named Sultan Jubran.  These messages were supposedly coded with phrases such as; “heard the news about the children’s sickness,” and “[g]reetings to the group.”[4]  These cryptic remarks, which find their way into countless thousands of emails everyday, were the “strongest independent evidence corroborating Abu Ali’s confessions”[5] according the Fourth Circuit Court of Appeals.

While Fourth Circuit felt a forced confession and two email exchanges about some children’s health was enough to show a conspiracy beyond mere “ideation, sufficient to justify sentencing him to life without parole, Judge Messitte felt that even greater evidence of moving beyond “mere role-playing” justified only five years behind bars, despite the fact that the judge characterized the plot to assassinate President Obama as “serious.”

Read more »

Prepared February 2010

BACKGROUND

Five American youths held in Pakistan on suspicion of ‘using the Internet to contact militants,’ say they have been tortured by police.

During their hearing in a court in Sargodha town on Monday, which took place under tight security, the suspects charged that they had been tortured while in custody. “We are being tortured, we are being tortured,” they shouted on the way back to prison.

The Muslim American students [namely: Ahmad Abdullah, Umar Farooq, Iman Hassan Yamir, Waqar Hassan Khan and Ramy ZamZam], in their 20s and from the Washington, DC area, were detained in December at a house in the Punjabi town of Sargodha, south of Islamabad.

The arrests came as US officials and their internal intelligence arm, the Federal Bureau of Investigation (FBI), alerted the Pakistani government that the five Muslim youths had vanished from their homes and headed for Pakistan.

According to Muslim organizations in the US, FBI agents overtly monitor the country’s mosques and intimidate worshipers to work as informants for the agency. Despite complaints by American Muslim groups about the practice, which they say violates the First Amendment right of religious freedom, the FBI continues to plant spies and informants in mosques and Islamic centers throughout the US.

The Pakistani police, in close coordination with FBI representatives in the country, have accused the youths of conspiring to engage in terrorist attacks in Pakistan, having links to Al-Qaeda, and trying to join militants fighting the US-led allied forces in Afghanistan.

The youths have strongly denied the charges and insist that they were on a fact-finding tour of their ancestral homeland. No evidence has yet been produced implicating the suspects in any crimes.

The prison authorities have rejected the youths’ accusations of mistreatment, and a US Embassy spokesman refused to comment on the torture allegations.

Local press reports about the youths, who lived in a northern Virginia suburb of Washington, DC, have raised concerns among Muslim families in the area over the possibility that their children may become victims of discrimination and undue suspicion in school and the workplace.

Source: PRESSTV

WHAT CAN YOU DO TO HELP?

• Call and/or write a letter to the U.S. Embassy in Pakistan and the Pakistani Embassy in the U.S. regarding the unjust imprisonment of these young men.

Embassy of Pakistan in Washington D.C.
3517 International Court NW
Washington, DC 20008
Phone: 202-243-6500
E-mail: info@embassyofpakistanusa.org

American Embassy
Diplomatic Enclave, Ramna 5
Islamabad, Pakistan
Telephone: (+92) 51-208-0000
Fax: (+92) 51-2276427
E-mail: webmasterisb@state.gov

Please CC us at globalvoice.forjustice@gmail.com

• Inform and educate your family, friends, and colleagues about this case and urge them to call the above embassies to take action in order to stop the torture these men are being subjected to.

SAMPLE LETTER

Dear,

I am writing to you concerning the torture of the five Muslim American male students from Washington DC. Their names are Abdullah, Umar Farooq, Iman Hassan Yamir, Waqar Hassan Khan and Ramy ZamZam, all of whom are currently detained in an unknown location within Pakistan by the US Administration in co-ordination with the Pakistani Government.

On top of this extrajudicial detention, there are highly credible reports of torture and ill-treatment. In an edition of the Pakistan Daily News, it was reported that the persons detained passed a message from a transportation van on the way to court by throwing it from the van window. The note stated the following :-

“Since our arrest, the FBI and police have tortured us and subjected us to electric shocks. We are sick and have not been allowed to walk in the jail. They are trying to keep us away from the public, media, our families and our lawyers,”

It has also been reported that their appearance in court has been dishevelled and haggard, displaying signs of ill-treatment on their persons.

Torture, both its practice and co-operation, is expressly prohibited by International Law and that of the United Nations, to which the United States and Pakistan are signatories.

Under the UN Convention Against Torture, this is defined as :-

”any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”

It states in Article 2 of this same convention that :-

”Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.”

I would remind you of course that the behaviour of both the Pakistan and US Governments towards these individuals is a breach of this convention and other statutes, and as such I demand that if you are not going to give these persons their rights guaranteed to them such as fair treatment and trial, that you release them immediately so they can be reunited with their loved ones.

Regards,

Disclaimer: Below is something that was translated for educational purposes ONLY and are the sole thoughts/words and representation of those who stated them.

This is a translation of the following video and may NOT be shared, copied, (re-)produced, published, read, recorded, taped, faxed, emailed, written, texted, photographed, printed, etc. by any means by anyone for any purpose without prior and direct permission from the translator.

- Start  -

Dr. Fouzia: Please listen to Mother!

My dear children, my dear sons, I am very proud of you that through Aafia, through a daughter like Aafia, he has given me wonderful sons like you. Allah Praise is due to Allah.

Yes, I am saying this to you write now, that Aafia is saying,

“Hairat na kar meray badan ko choor dekh ker”
Don’t be surprised by seeing that my stomach has been crumbled….
“Un Rifa-aton ko dekh jahan se gira tha may”
Look at the ranks from which I fell

Think about which nation, and what thing we belong to, from which of the Salaf’s children we are from, from who’s ummah we are from. Today is a day of happiness for us. I am a very fortunate mother that today Allah swt has selected my daughter that today America has received a black slap on her face. You will see, this punishment is not a punishment… This is nothing. I’m telling you that by announcing this punishment, today, America’s downfall has started.

(In the background: Takbeer! Allahu Akbar! Whoever is friend’s with America is a traitor!”)

…and from the (Pakistani) Nation, this is my appeal to you… I am very proud of you… and this is my appeal to you that please do not go on the streets to cause any damage (or commit any violence) on the streets (in protests). This country is our country. I say to you that the manner in which we have obtained it, you all are aware of it. We will not cause any kind of damage to our country. Maybe the Judge is thinking that in our home, we’re going to have a Matam, and that her mother is going to cry, she will faint. Tell him that today her mother has become alive, and she will tell him, and she will tell him, …

(In the background: Oh family of Aafia, we are with you! )

Until now, I didn’t use to go. They even know how my life has been and what I’ve….Okay, my condition was such that if it was someone else, she wouldn’t have even been able to get up. The condition I was in, the ailment that I had, ….Today, all of my ailments have gone. Today, I think even you, Fouzia, wouldn’t have been this happy, as much as I am happy today upon the punishment given to her. Today, she has told the nation that America’s (true) face has been unveiled. America speaks about establishing justice. Today, all Praise is due to Allah, by means of my daughter, He has unveiled the (true) face of America.

News reporter: Beloved Mother, as a mother, the decision has been announced… do you think that justice has been established?

Establishing justice… Justice was played around with (??) to such a degree that maybe they even forgave the Tartars. They have played around with it (??) to such a degree… their own Court says that, as you already know, her hand did not even touch the rifle and they announced the conviction to her.

Reporter 2: Beloved Mother, today, on this occasion, we sympathize (with you and her) and we declare that your guidance has it’s place–we won’t cause any damage (like to cars, etc.), but this decision will be made on the streets without any damage on the streets, Allah Willing. Allah swt and the whole nation is with you. Our sister, Aafia,… daughter Dr. Fouzia, ….

Reporter 3: The youth of this nation will get our sister released!

Reporter 4: A punishment (from Allah swt) came upon this nation. Do you think that the punishment (conviction) of Dr. Aafia is a punishment for America?

I have told you, that today, mark these words, mark these words, that generations (to come) will remember that, from today America’s downfall has started.

(Background: Allah Willing)

And this is a (unclear), this is a lot. This is just an ordinary/small thing. Like they say, it’s like the camel…since then……(unclear) don’t you know?

A Report: We are very proud of you.

Today, I… I knew all of this. When I first heard that Judge’s statements and I heard all these statements from these people, I had said to these people, that look, he’s the one who’s going to decide. We know he’s a Jew. We are not ignorant people.

My entire family… When my paternal grandfather, who was an Atomic General, during the British Rule, the Vice Roy had welcomed for him to be (unclear)…and what has happened to you?

My entire family, even my great grandfather (paternal), even he was very highly qualified/professional. He said that I am not resigning because of the greed or bribery directed (towards me) by you. I’m going to listen to my conscience.. that my nation has been shackled into slavery, and I am at your doorstep, having dinner. (Oh how I wish) that our nation and our leaders would understand (be guided by Allah swt).

So, today, Aafia has been present here since years. It wouldn’t have come to this point, if our own people… but khair, I am very grateful to the public and the media that I cannot lift my head up because of the great favour they have done, and at night, I (regularly) get up and make duaa to Allah swt for all of you. That oh Allah, these innocent, innocent children come at nights, and even at day time, they keep standing… and they do so much for their sister. So, Ya Allah, never give them any pain/difficulty. Ya Allah, make them successful. Ya Allah, don’t even ever give any of their coming generations any pain or difficulty, and keep them steadfast (firmly) upon emaan. Emaan is a very grand thing. Even Aafia… actually, I am the one that raised Aafia. I always advised her that never let your emaan out of your hands, and never lie, and remain firmly upon that which is True. Standing firmly on the Truth…

Reporter 5: Your daughter never bows in front of any oppression that comes her way. As a mother, how proud are you of her?

Indeed, not bowing (to such things) is the indication of a Mu’min. The one who bows what will happen to him!?

Female Reporter: Please tell us… the day before yesterday, you spoke to Hussain Altaf? and he consistently gave you hope that …

He still tries to give me hope… when I phone him… these Americans have guts. Haaqaani Sahib will still try to give hope… that “I will (personally go and) bring her. Keep my dinner ready, I will go now and get her.”

Reporter 6: These representatives are not American representatives; these are our representatives! If they knew how to play their role, they would be amongst us…

Female Reporter trying to speak…

Fouzia: Khawaja… Qureshi…

Shah Mahmood Qureshi Sahib… may Allah shower His Mercy (upon us)! All I can say is if Allah Guides Him, then okay.

Reporter: Shah, Hussain?, and Haqqani, are both playing the role of the American Government.

Okay, I think…
We will NEVER BEG for mercy!!!

Fouzia: Mother, please come inside.

Reporter: Allah Willing, this is the beginning of this story…Today marks the beginning of this story…

La howla wa la quwatta illa billah. If we have fallen down so much (in humiliation) that today, instead of Allah, that we ask the kuffaar for mercy, then I don’t think anyone will be worst than us.

Reporter broadcasting this: Dr. Aafia Siddiqui’s mother could be seen talking to the media here. The zeal and enthusiasm with which she spoke, we had not hoped to receive from her. She is a mother, still she said that today, I have become alive and this is a big Mercy and Blessing from Allah swt upon me that by means of my daughter the (true) face of America has been unveiled. She said that not bowing (in submission to the oppression) is the symbol or mark of the believer.

Dr. Fouzia: Whatever has to be done.. whatever questions there are…

Reporter: Please tell us.. the false accusations upon her, as a doctor, what do you think that is this…

–End of video–

A sentencing hearing was schedueled on the 14th of December for the 5 terror suspects in Sydney, who’ve been on trial for 10 months – the longest trial in Australian history. But it has been said that their sentencing hearing didn’t go ahead and the following updates on the 14th and 16th of December are updates of their Pre-sentencing hearing. Their sentencing hearing has been scheduled for February 2010. Please pray for our brothers.

Update from one of our dedicated Volunteers:

Update 1.

 14/12/09

Assalamu ‘alaykum warahmatullahi wabarakatuhu,

The judge didn’t give the verdict out today, the prosecutor (May Allah give him what he deserves, wa la’natullahi ‘alayh) presented his argument again, and the lawyers for the brothers did the same. Inshallah the sentence hearing will be this Thursday same place same time. But they first need to convince the judge that the brothers don’t deserve life in jail with parole after 20 years (la hawla wala quata illa billah). If the judge is convinced they might get 15 years.

Lets all make du’a for them to get light sentences. Subhanallah it was raining today, a great mercy from Allah ‘azza wajal for our ad’iya to be accepted inshallah.

Around 15 people attended jazahumullahu khayran in this dunya and akhira. I also met the sister of one of the brothers. She told me that their condition in the prison is terrible. Her brother is sick and they won’t allow him to see the doctor even when he is in lots of pain. May Allah grant him shifa’, ameen.

The brothers were all smiles, subhanallah they are so strong and have so much noor on their faces. May Allah allow us to reach that level of Iman, ameen.

Wal hamdulillahi rabbil ‘alameen.

Read more »