Upon the transfer back to Canada this summer of Algerian-born Benemar "Ben" Benatta, an innocent man who'd been swept up in the post-9/11 U.S. dragnet, the Department of Homeland Security said he was the last of such detainees being held.
Cue the buzzer.
From today's AP article:
In a jail cell at an immigration detention center in Arizona sits a man
who is not charged with a crime, not suspected of a crime, not
considered a danger to society.
But he has been in custody for five years.
His name is Ali Partovi. And according to the Department of Homeland Security, he is the last to be held of about 1,200 Arab and Muslim men swept up
by authorities in the United States after the Sept. 11, 2001, terror
attacks.
Excuse me if I don't take DHS at its word. Why is there reason to believe that Mr. Partovi isn't the last man? Because we have no evidence to believe otherwise.
There has been no full accounting of all of these individuals. Nor
has a promised federal policy to protect against unrestricted sweeps
been produced.
Human rights groups tried to track the detainees; members of
Congress denounced the arrests. They all believed that all of those who
had been arrested had been deported, released or processed through the
criminal justice system.
But this is comforting.
"Certainly it's not our goal as an agency to keep anyone detained
indefinitely," said DHS spokesman Dean Boyd. Boyd said the department
would like to remove Partovi from the United States but that he refuses
to return to his homeland of Iran.
Key words: "goal" and "indefinitely." It may not be Mr. Boyd's goal, but it "certainly" is the result. Does anyone in this despicable administration ever account for their actions?
Just what did go down during the post 9/11 sweeps?
Within hours of the Sept. 11 attacks — before it was even clear if they were over — the FBI was ordered to identify the terrorists who had managed to slip so
smoothly into American society and to catch anyone who might have been
working with them. The FBI operation was called PENTTBOM; it was swift
and fierce, and the stakes couldn't have been higher.
When in doubt, the orders came, arrest now and ask questions later.
To make this easier, law enforcement officials were authorized to use
immigration charges as needed. The risk of allowing terrorists to slip
away just because there wasn't ample evidence to hold them on terror
charges could not be tolerated. And thus hundreds of individuals who
were not terrorists, nor associated with terrorists, were temporarily
taken into city, county and federal custody.
They were caught in their bedrooms while they slept, pulled from the
restaurant kitchens where they worked, stopped at the border, even
federal offices where they had gone to seek help. In the end,
then-Attorney General John Ashcroft's call for "aggressive detentions" in the unprecedented sweeps netted more than 1,200 individuals in less than two months.
Welcome to America in the aftermath of the attacks. Here's what happens when the Constitution is disregarded:
The initial reaction to the sweeps was confusion. Members of
Congress, leading civil rights organizations, Arab and Muslim
activists, even the Justice Department's internal watchdogs, didn't
know how to react.
"After 9/11, everyone was caught off guard. There was so much
secrecy surrounding the government's policies that it took a number of
months before the public and civil-liberties groups began unraveling
what the government was doing," said Lee Gelernt, an American Civil Liberties Union lawyer.
Then came demands, from Congress, from the Justice Department's
Inspector General, from the ACLU and Human Rights Watch and from Arab
and Muslim activists, that these individuals must be accounted for.
To date that hasn't occurred.
Five years later. Were editors, as in other cases (such as The New York Times and the NSA spying scandal), suppressing this story under pretenses of national security concerns? And, if so, why wait so long to both expose this fascist practice and pursue it until the facts were exposed? How could they be so lax?
As the years passed, said the ACLU's Gelernt, public concern faded.
"Initially there was a lot of attention on the 1,200 people, but we're
still not sure exactly what happened to all of them," said the ACLU's
[Lee] Gelernt.
Undoubtedly, the mainstream media's amnesia on this issue more than enabled the amnesia of the American public, making it possible that we still don't have the answers half a decade later.
This is what we do know (if we're to believe what little we're being told):
762 of the 1,200 PENTTBOM arrestees were charged
with immigration violations at the behest of the FBI because agents
thought they might be associated with terrorism. Partovi was one of
these 762. Much as Partovi used a false passport, nearly all of these
detainees had violated immigration laws, either by overstaying their
visas, entering the country illegally, or violating some other
immigration law.
Unlike Partovi, almost everyone was either deported or released within a few months.
Yet, here's the most chilling part:
There were still at least 438 other individuals who were not
accounted for. Most of those individuals, said Justice Department
officials, were released within days. But at least 93 were charged with
federal crimes and processed through the courts, and an unknown number
were deemed material witnesses.
Meanwhile, Partovi also says he's been abused. Sadly, par for the course for Bush's War on Terror. At this point, most people would be surprised if a detainee made his way through this system without such treatment.
The staff at the jail where he was first held "poured hot coffee on my
body, they also poured cold ice water on my body," he wrote in one,
claiming that staffers also cuffed his hands and feet, which caused "my
ankle and lower extremities to swell abnormally."
"It is my firm belief that I am constantly subjected to
physical abuse (because) of my ethnicity, I am Iranian of Persian
birth," he wrote in another, filed this summer. In that lawsuit he
claimed that immigration officers forced him to kneel while handcuffed,
and then kicked and punched his stomach and kidneys.
So what, if anything, has been done to prevent a similar unlawful sweep following another terrorist attack on U.S. soil?
In June 2003, the Justice Department's inspector general, an in-house
auditor, found widespread abuses in the way immigration laws were used
to hold people suspected of terrorism in the months following 9/11. The
inspector general made 21 recommendations aimed at protecting
individuals' civil rights. Twenty of those recommendations have been
adopted.
The last recommendation calls for the Justice Department and
the Department of Homeland Security to formalize policies,
responsibilities, and procedures for managing a national emergency that
involves alien detainees. After the inspector general's report, the
Justice and Homeland Security departments agreed with the
recommendation and began negotiating over language. Officials at both
departments say those negotiations are still going on.
Yet formalized "policies, responsibilities, and procedures" are not laws. Not something for which government officials can be held to account in the aftermath of such an incident. Again, the machinations at work would circumvent the necessary checks and balances of a democracy.
Tim Lynch, a lawyer with the libertarian think tank Cato Institute, said guidelines are not enough.
"I don't think the guidelines will mean very much in an emergency if
they don't have the binding force of law," he said. "We shouldn't be
surprised if those guidelines aren't followed if there's another
massive attack."
Brace yourself.
1 Man Still Locked Up From 9/11 Sweeps
By Martha Mendoza
The Associated Press