Detained Indefinitely: The Story of Shakir Baloch

[BurtWorm]

The following is taken from US District Court Judge Gleeson's decision in favor of the US govt's right to detain non-citizens indefinitely on the basis of race or religion during a search for terrorists, even if they're being held for something other than suspicion of terror, like immigration irregularities. Shakir Baloch is one of the plaintiffs in the case who lost.


http://www.ccr-ny.org/v2/legal/september_11th/docs/TurkmenOpinion_61506.pdf

1. The MDC Plaintiffs
a. Shakir Baloch

Baloch is a Muslim and a native of Pakistan. He holds a medical degree from
Bolan Medical College in Quetta, Pakistan. He immigrated to Canada in 1989 and became a
Canadian citizen in 1994. Both his wife and his daughter reside in Canada. Several times over
the past decade, Baloch has entered the United States in order to find work. He most recently
entered the country in April 2001.

On September 19, 2001, FBI, INS, Department of Labor, and NYPD officers who
were conducting an investigation of Baloch’s apartment-mate went to Baloch’s apartment.
There they interrogated Baloch for approximately four hours about the terrorist attacks on
September 11, 2001. At no point was he advised of his right to counsel or given Miranda
warnings. Baloch denied any involvement with terrorism, but disclosed that he had previously
been removed from the United States and had used the alias Faisal Kurd in order to obtain false
identification documents. FBI and INS agents searched his home and seized several items,
including his laptop computer. Baloch was arrested and taken in handcuffs to an INS facility on
Varick Street in Manhattan, where all of his personal belongings, including identification and
money, were confiscated. Baloch was held for two nights at the Varick Street facility.
On September 21, 2001, Baloch was “processed for removal.” He was given a
“Notice of Rights” and “Request for Disposition” form, which he refused to sign. TAC ¶ 204.
That night, he was taken to the MDC. Five MDC guards, including Lt. Barrere
and correctional officers (“COs”) McCabe, Lopez, and Osteen, escorted Baloch to an empty cell.
Baloch alleges that the five guards, working as a team, picked him up from under his arms and
threw him from corner to corner in the cell, hitting and kicking him in the back as he fell to the
ground. Some of the officers cursed at Baloch, calling him a “fucking Muslim terrorist,” and
saying things like: “You did this to us. We’re going to kill you,” and “You know why you are in
here. The government thinks that you are a terrorist.” TAC ¶ 205. Baloch was designated “as a
possible terrorist” and placed in the ADMAX SHU.

On September 22, 2001, the INS reinstated a prior deportation order. Because of
this prior order, Baloch was not provided with a hearing.

On September 28, 2001, Baloch was interviewed by FBI agent Noreen Gleason
and INS agent Kevin Ryan about his immigration status, work history, and connections to
terrorism. On October 11, 2001, he was again interviewed by these same agents. On October
14, 2001, Baloch was interviewed by agents from the FBI, INS, and NYPD. During this
interview, Baloch signed a prepared statement that he purchased false identification documents
and passports. On October 29, 2001, Baloch was interviewed by two FBI agents and an NYPD
detective, who further questioned him about his use of false documents. During one of these
interrogations, Baloch was told things like, “If you’re not cooperative, we’ll put you in jail for 10
years or deport you back to Pakistan instead of Canada, where they’ll put you in jail longer than
10 years.” TAC ¶ 209.

Shortly after arriving at the MDC, Baloch requested to speak with an attorney.
He continued to make such requests, but it was not until November 7, 2001, about six weeks
after his arrival at the MDC, that he was allowed to place a call to the Legal Aid Society. Baloch
first met with an attorney on November 19, 2001. This meeting, like all of Baloch’s subsequent
meetings with his attorneys, was recorded, including both video and audio. Baloch was aware of
the camera, and was very reluctant to speak candidly because he was being recorded.
When officials from the Canadian consulate inquired about Baloch’s
whereabouts, MDC officials denied that Baloch was being detained there. He first met with a
consular official on December 13, 2001.

On December 21, 2001, after approximately three months of detention, Baloch
filed a habeas corpus petition in the United Stated District Court for the Southern District of New
York. On January 3, 2002, he was indicted for illegal re-entry into the United States. On
February 7, 2002, Baloch was transferred from the ADMAX SHU to MDC’s general population
unit. On April 2, 2002, he pleaded guilty and was sentenced to time served. Shortly thereafter,
he was transferred to the Passaic Jail.

Baloch was subjected to physical and verbal abuse while in the ADMAX SHU.
He alleges that MDC defendants would regularly drag him by his waist chain, causing his ankle
shackles to dig in; shove him in the back while his chin was against the wall and slam him into
walls while he was being transferred to and from his cell; and twist his hands, thumbs, and
fingers, step on the chain connecting his ankle shackles, causing the shackles to tighten painfully,
and lift his arms or elbows while his wrists were cuffed. Baloch further alleges that some MDC
lieutenants participated in physically abusing him, while others witnessed the treatment but did
nothing to stop it.

Baloch was subjected to constant verbal harassment by officers in the ADMAX
SHU, who would regularly refer to him as a “fucking Muslim” and a “terrorist.” In particular,
Baloch alleges that CO Wilson regularly spoke to him about getting revenge for terrorist attacks;
CO Lopez regularly gave Baloch the finger and cursed him; and Lieutenant Barrere told him that
“Your lawyers can’t help you out. You’ll stay here for another 20 years without seeing a judge.”
At one point, when a guard had difficulty unlocking Baloch’s handcuffs, he brought over a large
pair of shears and threatened to cut Baloch’s hands off to unlock the cuffs.
On April 16, 2002,5 more than six months after Baloch’s prior deportation order
was reinstated, the INS took Baloch to Newark Airport and put him on a plane bound for
Toronto without any personal identification or money. None of the items confiscated from
5 The Third Amended Complaint states that Baloch was deported on April 2, 2002, but it appears that thecorrect date is April 16, 2002 (the date given in the Second Amended Complaint).
Baloch was returned to him. Since his deportation, Baloch has requested the return of these
items, but that request has been denied.

Baloch experiences both physical and psychological effects of his detention in the
United States. He is being treated for severe depression, and he has tested positive for
tuberculosis. Among the items confiscated from him were social insurance and health cards.
Without them, he has had trouble obtaining medical treatment in Canada. The effects of his
detention have put a strain on his marriage, causing his recent separation from his wife. Because
of Baloch’s depression, the Canadian Medical Board found him unfit to practice medicine for a
time.