The Case of Fahad Hashmi

As I mentioned in a previous post, I have become involved with an organization, THAW, that is working on communicating with and educationg the public on the case of Fahad Hashmi. Below is the link to the video from last week's vigil/street theater production. This upcoming Monday (October 26, 2009), I have the privilege of being in the performance (playing the attorney) along with Tony Award Winner Bill Irwin (currently in Bye Bye Birdie on Broadway). These first two performances (last week's and this upcoming Monday's) will be the same script, as people are becoming acquainted with the case. Every Monday hereafter there will be a 'new' production/vigil. The majority of the script is taken from the court transcripts. I will try to be diligent and post the link to the video and any updates. However, I encourage you all to check out the websites THAWaction.org as well as FreeFahad.com.

My hope is to broaden all of our horizons and to perhaps inspire each of us to look a little deeper into what our government has done and continues to do, and to see that the change has to come from the people up--not the top down.

On Thursday October 29th the SAM's (explained below) are up for potential renewal. On Friday October 30th Fahad is back in court for the first time in 2 years--the last time being June 1, 2007.

"Guantanomo NYC" Monday October 19, 2009 THAW Vigil-Street Performance

The Case

The Charges
The US government accused Fahad of providing material support to Al Qaeda, but a close look at the evidence shows that the charges make little sense. Fahad is NOT charged with providing any money or resources to any terrorists or being a member of al Qaeda. Instead, the US government charged Fahad with allowing an old acquaintance — Junaid Babar — to stay in Fahad’s London apartment for about two weeks in 2004. During that two week period, Babar allegedly kept several raincoats, ponchos, and waterproof socks in luggage that Babar temporarily stored in Fahad’s apartment. The US government then alleges that at some point Babar gave the socks and ponchos to a high ranking member of al Qaeda. There is no allegation that Fahad is a member of al Qaeda or that he ever personally gave or helped to give anything to any member of al Qaeda.

Conditions of Fahad’s Imprisonment
Fahad was held in England’s Belmarsh prison mixed with the general prison population for 11 months without incident. Since his extradition to the United States more than a year ago, Fahad has been kept in solitary confinement and subject to unduly restrictive Special Administrative Measures (SAMs), These draconian measures mandate that he be kept under 23-hour lockdown, be allowed only one visit from an immediate family member a week, and have no other contact with anyone besides his lawyer and prison officials. The SAMs also limit the material that Fahad can read and make it illegal for his family members to pass any messages from him onto friends.
Fahad is not charged with any acts of violence, nor were there any accusations that he attempted to contact any terrorists during his time with the general prison population at Belmarsh, rendering the restrictions he is subject to unnecessarily cruel in a society that treats people as innocent until proven guilty. SAMs are meant to prevent crimes orchestrated from within prison walls, but even if EVERYTHING the government alleges is true, there is no evidence that Fahad would be a danger if he were kept with the general prison population.

The Evidence Against Fahad
Substantial evidence in the case will come from the testimony of Junaid Babar, the man who stayed at Fahad’s London apartment as a houseguest. There is evidence to show that Babar’s testimony may be unreliable. He has taken a plea bargain – he will receive a reduced sentence if he agrees to testify against people like Fahad. It is a common practice for the government to offer a deal to one defendant who’s accused of a lesser crime in order to convict a more serious criminal – in this case his testimony will be used try to convict somebody who gave him a place to sleep for two weeks.

Civil Liberties Concerns
Many in the civil liberties community are gravely concerned by the implications of Fahad’s case. Fahad is facing trumped-up charges as a result of his opinions. It is a dangerous precedent to make people responsible for the actions of their houseguests.
Concern also surrounds the conditions of Fahad’s detention. Even were all the charges against him true, the SAMS measures would be unwarranted. The government should exercise extreme caution when deciding when to invoke such severe restrictions. He is in solitary confinement and subject to a regime of severe deprivation. Under the SAM 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. Mr. Hashmi 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.
--Taken directly from FreeFahad.com
Full court transcript available on-line