March 28, 2007
After 60 days without food, an ailing
Sami Al-Arian called off his hunger strike last week at the urging
of his wife and children. But just hours later, a federal appeals
court upheld a civil contempt ruling that could keep Al-Arian
behind bars indefinitely.
Al-Arian has been imprisoned
since 2003 on trumped-up charges of supporting terrorism--even
though a Florida jury acquitted him or deadlocked on all counts
in 2005.
Faced with the possibility
of a retrial, Al-Arian agreed to plead guilty to a single count
of supporting the nonviolent activities of the Palestinian Islamic
Jihad. The deal specified that Al-Arian would be given a short
additional sentence, followed by voluntary deportation--even
though Al-Arian has lived in the U.S. since 1975, and his five
children are all U.S. citizens.
Instead, the U.S. government
continued its witch-hunt.
First, a Florida judge imposed
the maximum sentence, despite the recommendations of federal
prosecutors in Florida for a lesser sentence. Then, federal prosecutors
in Virginia demanded that Al-Arian testify in an investigation
into Muslim charities in that state--despite a verbal agreement,
recorded in court transcripts, that he would be exempt from future
testimony.
The appeals court's decision
last week upholds the contempt ruling against Al-Arian for refusing
to testify--claiming that the plea agreement "contains no
language which would bar the government from compelling appellant's
testimony before a grand jury."
* *
*
THIS IS just is just the latest
chapter in the persecution of Al-Arian that led the former University
of South Florida professor to go on hunger strike.
"It was unbelievable,"
said Al-Arian's wife, Nahla Al-Arian, in an interview. "I'm
sure the government would have let him die."
According to Nahla, Virginia's
Assistant U.S. Attorney Gordon Kromberg has gone out of his way
to prolong Sami's suffering. Kromberg has reportedly made anti-Muslim
statements regarding Al-Arian's case--including allegedly complaining
about the "Islamization" of the U.S. justice system.
"This man was very upset
when my husband got this deal from the government," Nahla
said. "He wanted my husband to stay in jail forever. He
ignored the plea agreement terms that said that my husband didn't
want to cooperate."
When Al-Arian refused to take
the stand, he was given an additional 18-month sentence, a move
that will keep him imprisoned beyond his original April 13 release
date. "When the judge did this to him, he said, 'I'm going
to start a hunger strike, because what's happening to me is very
unfair and unjust,'" Nahla said.
Al-Arian began refusing all
food on January 22. His hunger strike was also designed to draw
attention to the racist abuse he has suffered at the hands of
prosecutors and prison guards, and the inhumane conditions he
has been subjected to--including being housed in a rat- and roach-infested
cell.
"We Muslims here are,
unfortunately, the new target of racism," said Nahla. "All
of these things that they did to him, without any necessity except
just to humiliate him and to torture him--and every time he would
ask, 'Why are you doing this to me?', they would answer, 'Because
you are a terrorist.' As if we didn't go through a lengthy trial
for six months, and our innocence wasn't proven. The racism is
unbelievable."
By the end of his hunger strike,
Al-Arian had lost 55 pounds--more than a quarter of his original
body weight--and he was confined to a wheelchair, unable to walk
or stand on his own.
As he approached his 60th day
without food, his family had become particularly concerned about
his health. Irish Republican prisoners on hunger strike in the
1980s began dying around the 60th day without food.
"We were shocked and scared
when we saw him," Nahla said, of a recent visit that she
and her children made to the North Carolina prison medical facility
where Sami is housed. He looked like those in an African famine,
or a Holocaust survivor. His body, his ribs, everything was showing.
He looked very, very weak. His cheekbones were also showing...There
was no flesh, he was only bones and skin."
* *
*
THE FEDS aren't finished with
Sami Al-Arian yet.
The federal appeals court decision
against him means that prosecutors are now free to once again
drag Al-Arian in front of a grand jury--and have the court re-impose
a sentence for civil contempt until he testifies. In essence,
he can be held hostage indefinitely.
"Unfortunately, we are
going through a very dark time in the history of America with
the courts," said Nahla. "The courts are...affected
by the atmosphere of fear and intimidation. There are very few
times now where you can see courageous rulings in terms of foreigners."
"If they can get away
with it," she says, "they will keep him forever."
Nahla adds that the family
has received support in their battle, which is giving them the
strength to go on.
"Just being here with
my fellow Americans, fighting for justice, rallying together,
writing letters together--the sense of working together as one
family, loving each other and caring about each other is so beautiful,"
she says. "That's what's happening in our situation, and
that's what the government, I'm sure, is not happy to see."
Organizations including Amnesty
International, the National Council of Churches, the Council
on American-Islamic Relations and the Al-Awda Palestine Right
to Return Coalition have all circulated statements on Al-Arian's
behalf.
And on March 24, as many as
100 people gathered near the federal prison facility in Butner,
N.C., to rally for Al-Arian's release.
"This person has been
tortured," said one of the protesters, Margaret Misch, of
the Orange County Bill of Rights Defense Committee. "He's
already given up his citizenship. Everything's gone for him now.
The decent thing is to let him go."
How You
Can Help
Demand that Dr. Sami Al-Arian
be set free. Write to: Honorable Judge Gerald Lee, U.S. District
Court for the Eastern District of Virginia, 401 Courthouse Square,
Alexandria, VA 22314--and request that Dr. Al-Arian be released
from detention and allowed to leave the country with his family.
For more information on the
case and what you can do to help, visit the Free
Sami Al-Arian Web site.
Nicole Colson is a reporter for the Socialist
Worker.
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