From: Project Hamad
Hello Project Hamad members:
Thanks again for your support in helping to bring awareness to our
campaign for Adel Hamad.
We were recently contacted by Jeanne Theoharis of
Educators for Civil Liberties about the case of Syed Fahad Hashmi
and wanted to share the introductory letter she sent regarding
Mr. Hashmi. This is a great opportunity for action.
Dear Friends,
We are writing about another urgent case. Syed Fahad Hashmi is a
27-year-old Muslim American citizen currently being held in solitary
confinement in a federal jail on two counts of providing and
conspiring to provide material support - and two counts of making
and conspiring to make a contribution of goods or services - to
Al Qaida. If convicted, he faces seventy years in prison.
Hashmi came to the United States from Pakistan with his family
when he was three and grew up in Flushing, Queens. He majored in
political science at Brooklyn College and then attended the London
Metropolitan University in the United Kingdom where he received
his MA in international relations. In June 2006, he was arrested
by the British police at Heathrow Airport (he was about to travel
to Pakistan, where he has family) on a warrant issued by the US
government. In May 2007, he was extradited to the United States,
where he has since been held in solitary confinement at the
Metropolitan Correctional Center in New York City.
Under special administrative measures (SAMs) imposed by the
Attorney General, Hashmi must be held in solitary confinement and
may not communicate with anyone inside the prison other than prison
officials. Family visits were not granted for many months and are
now limited to one person every other week for one and a half hours,
and cannot involve physical contact. Syed may write only one
letter (of no more than three pieces of paper) per week to one
family member. He may not communicate, either directly or through
his attorneys, with the news media. He may read only designated
portions of newspapers - and not until thirty days after their
publication - and his access to other reading material is restricted.
He may not listen to or watch news-oriented radio stations and
television channels. He may not participate in group prayer.
He is subject to 24-hour electronic monitoring and 23-hour lockdown,
has no access to fresh air, and must take his one-hour of daily
recreation - when it is given - inside a cage. While the Attorney
General claims that these measures are necessary because "there is
substantial risk that [Hashmi's] communications or contacts with
persons could result in death or serious bodily injury to persons,"
he was held in a British jail with other prisoners for eleven
months without incident.
The US government alleges that during February 2004, Junaid Babar,
also a Pakistani-born US citizen, stayed with Hashmi at his London
apartment for two weeks. According to the government, Babar stored
luggage containing raincoats, ponchos, and waterproof socks in
Hashmi's apartment and then delivered these materials to the third-
ranking member of Al Qaida in South Waziristan, Pakistan. In
addition, Hashmi allegedly allowed Babar to use his cell phone to
call other conspirators in terrorist plots. The government claims
that Babar's testimony is the "centerpiece" of its case against
Hashmi. Babar, who has pleaded guilty to five counts of material
support for Al Qaida, faces up to 70 years in prison. While
awaiting sentence, he has agreed to serve as a government witness
in terrorism trials in Britain and Canada as well as in Hashmi's
trial. Under a plea agreement reported in the media, Babar will
receive a reduced sentence in return for his cooperation.
The events described above comprise the main allegations that the
government has presented to the defense. According to the rules
of discovery in federal criminal cases, however, the government may
present additional allegations up until the day before the trial
begins. Much of the evidence against Hashmi is classified, which
means that unless the judge rules otherwise, Hashmi will not be
allowed to see it. Part of the government's case hinges upon evidence
about Hashmi's beliefs, associations, and speech. When Hashmi was
a student at Brooklyn College, he was a member of Al Muhajiroun, a
group that advocates positions well outside the mainstream of
American public opinion. The US government, however, has neither
designated it a terrorist organization, nor deemed membership in
it illegal. While Hashmi's beliefs, speech, and associations are
constitutionally protected, the government may attempt to use them
as evidence of his criminal intent. Unlike other high-profile post-
9/11 cases, in which the defendants were not particularly political,
Hashmi is an activist. The government's increasing attention to
this kind of political activity further raises the specter of a
chilling effect on First Amendment rights throughout the country.
Hashmi's case thus raises three concerns: first, the draconian
conditions of his detention; second, the undermining of his Sixth
Amendment right to a fair trial; third, the threats it poses to
the First Amendment rights of others. What you can do to help:
1. Go to
http://www.educatorsforcivilliberties.org/ and
http://www.freefahad.com
to become more familiar with the issues of the case
2. Sign the Statement of Concern around the civil liberties issues
of his case at
http://www.ipetitions.com/petition/Hashmi-Rights/
3. Share it with friends, congregations and other networks and
get others to endorse the Statement.
4. Email Amnesty International (admin-us@aiusa.org) and Human
Rights Watch (hrwnyc@hrw.org) and ask them to investigate and take
action around the case.
For more information, contact jeannetheoharis@gmail.com
Thanks for your continued support.
David, Laura and Ben at
Project Hamad
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