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Background
and Letters Re Sheikh Moayad
Presented at:
AL-AWDA, THE PALESTINE RIGHT TO RETURN COALITION
Third Annual International Convention
UCLA, Los Angeles, California
April 15-17, 2005
On March 10, 2005, Sheikh Mohamad Al-Moayad
and Mohamad Zayad were convicted on charges of providing
“material support” to Hamas, in one of the more
egregious frame-up cases of the U.S. government’s
so-called “war on terror.” Far from being a
prosecution aimed at safeguarding the United States, the
government sought out two Yemeni citizens, well-known for
their numerous charitable endeavors, and brought them to
the U.S. for the sole purpose of prosecuting them for their
entirely legal activities in Yemen, at the sole instigation
of a notoriously unreliable informant who has repeatedly
pressured the FBI itself for more money for his services.
During the trial of these men, the government attempted
to block the entry of a Palestinian-born defense attorney
into the case, alleging that her “foreign-born”
status posed an “increased risk.” The prejudice
and racism of the prosecution was revealed on numerous occasions,
including one prosecutor’s reference to a Qu’ranic
verse as the “terrorist verse.” This case is
a microcosm of the reality of the “war on terror”
inside the U.S., what has proven to be a “war of terror”
against Arabs and Muslims.
Please read the summary of the case below
to learn about the background, and to find out what you
can do to support these victims of persecution.
Sheikh Moayad: Father of the Orphans
Sheikh Mohamad Al Moayad’s love
for the oppressed and indigent was born in his childhood
years. Sheikh Moayad was born in May of 1948 to a peasant
family in Safya, a suburb of Sanaa, Yemen, the son of a
village teacher who was paid by the village parents with
only meager amounts of food or personal effects. He soon
shared in his father’s tradition of service to the
community; in the 1970s he built the first dam in Sanaa,
to help distribute water more effectively.
The Sheikh moved to Madinat Al Asbahi,
Yemen, in the early 1980s and, after noticing the town lacked
a mosque, he opened his home to the community for worship
and prayer. He soon successfully petitioned the Yemeni government
to provide land so he could build a house of worship, and
began by digging and developing a basement prayer room that
would later find use as a community shelter during the Yemeni
Civil War. The longer he stayed in Madinat Al Asbahi, the
more he saw the need for community development in many areas,
and expanded his religious endeavors and community service
to fulfill those needs. He expanded his mosque to build
a women’s section, and later turned his basement room
into a small elementary school.
By the early 1990s, Sheikh Moayad’s
reputation for honesty, charity and grassroots activism
was widespread. He founded a charity operation, the Al Ihsan
Charitable Organization, which became something akin to
a welfare system for the people of the area, and which was
widely supported by the government and many other charitable
donors. He opened a bakery which fed eight hundred families
per day and, to be sure that none suffered out of shame
or humility, he asked community men to make note of which
families looked indigent and provided for them without request.
Knowing bread, no matter how fortified, could not alone
sustain life, he opened a charitable market where the indigent
paid wholesale prices for food and provided a steady water
supply for those who could not otherwise afford water from
the well he had dug for the Ihsan Mosque.
The Sheikh then began to focus his energy
on education hoping that it would provide a lasting means
to eradicate the poverty in the community. He expanded his
school until it accommodated students from kindergarten
through high school, as well as establishing a girls’
school and personally intervening in cases where families
withheld their daughters from schooling. He knew the value
of skill building and developed specialized trade schools.
The Sheikh’s initiatives were almost endless and addressed
all aspects of daily life, individual and communal - from
the orphan fund project, blanket distribution, and full
meal provisions during the month of Ramadan, to coordination
of group weddings for indigent groomsmen, to holistic healing,
computer training courses and a free medical clinic.
Sheikh Moayad is father to seven children,
the youngest of which is now 16. However, he eventually
came to be known as the ‘Father of the Orphans’
throughout the Sanaa area. Because of his widely known reputation
for charity, he was eventually appointed as the honorary
supervisor of the Al Aqsa Foundation. But it was long before
his appointment, that he was an avid supporter of the Palestinian
struggle for liberation and return. He visited the refugee
camps of Lebanon, Syria and Jordan and resolved that true
justice could not be attained without full implementation
of the Right of Return. Through the Al Aqsa Foundation,
Sheikh Moayad helped raise money for Palestinians in refugee
camps and those in the most devastated areas of Palestine,
often in the form of tangible supplies, such as schoolbooks
and book bags, nutritional supplies and clothes.
Upon his arrest for charges based upon
his well-known and widely respected charity work, the whole
of Yemen was aroused to action, especially the people of
Sanaa and Madinat Al Asbahi. Thousands of men and women
took to the streets over a two year period in numerous demonstrations
demanding the release of the Sheikh and his assistant, Mohamad
Zayed. The Yemeni President, Ali Abdallah Saleh, made clear
that the Sheikh was never suspected of having links to Al
Qaeda, and further noted that if the Sheikh had ever supported
Hamas, it was legal for him to do so, as in Yemen all support
the Palestinian struggle on Palestinian terms. In vain,
the Yemeni government made several public demands for the
return of Sheikh Moayad and Mohamad Zayed.
Background of the Case
Sheikh Mohamad Al Moayad and Mohamad
Zayed were arrested in Germany on January 10, 2003 after
being set up by the U.S. Federal Bureau of Investigation.
One of the FBI’s Confidential Informants, Mohamad
Al Ansi, a known con man with a long history of theft, fraud,
burglary and financial problems, who later set himself on
fire in front of the White House in November 2004 in an
attempt to garner more money from the FBI, initiated the
operation against Sheikh Moayad and Mohamad Zayad. Al Ansi
had a long history of defrauding Islamic organizations and
charities in the eastern region, stealing their property,
running up phone bills, using public and private services
of individuals and masajid for his and his family’s
luxury, before, after and during his ‘employment’
by the FBI. Al Ansi, a then out-of-status immigrant, saw
the danger of deportation and found an escape hatch in the
horrors of 9-11, contacting a novice FBI agent, one who
had just joined the Terrorism Task Force and was eager to
find ‘targets’ in his patriotic way.
Al Ansi told the FBI of a Sheikh who was
famous in Yemen, and claimed that this Sheikh was supporting
Al Qaeda and mujahidin in various parts of the Muslim World;
at one point Al Ansi even included North Korea as one of
the Sheikh’s benefactors, clearly taking his cues
from the Bush Administration’s reports and, likely,
from the needs of the FBI Agents. Within approximately one
month of their first meeting, the FBI sent Al Ansi to Yemen
to begin his investigation. It should also be noted that
neither the FBI nor the Yemeni government, which had well-publicized
interactions with Sheikh Moayad, had ever suspected Sheikh
Moayad or his charity of anything prior to having met Mohamad
Al Ansi, even though both the U.S. and Yemeni governments
were actively waging the “war on terror,” publicly
pursuing any challenge to U.S.- Israeli interests in Yemen.
During the year that followed, Al Ansi
and the FBI agents based in Yemen were able to produce only
four pieces of “evidence:” three receipts from
donations sent to Palestinian charities which were not designated
as Foreign Terrorist Organizations (FTOs), and one thirty-minute
video shot from a five-day group wedding in Yemen, at which
the Hamas representative to Yemen spoke. According to the
FBI, this scanty “evidence” was sufficient to
charge Sheikh Moayad and Mohamad Zayad with providing material
support to Al Qaeda. Essentially, the FBI’s logic
must have flowed in one of two ways: that there is no differentiation
between support for Palestinian charitable organizations
and support for Al Qaeda, as both stand in the way of U.S.
interests in the Arab world; or, that the use of “Al
Qaeda” was merely a cover for the FBI’s targeting
of individuals and organizations who support Palestinian
charitable organizations or have affiliations with Hamas,
who must be targeted in order to enforce the adoption of
the U.S.’s position on Palestine throughout the Arab
world and suppress Arab support of the Palestinian struggle.
This led to a very expensive trap in Germany.
Another Agent became involved, Agent “Sharif”,
who was told to pose as a former Black Panther who supports
“Jihadist causes,” such as, in the words of
as FBI Agent BM, supporting the ‘civil rights movement.’
At the meeting arranged in Germany by
the FBI, Agent “Sharif” said that he has money
and has heard of the Sheikh’s establishment and wants
to support him. Al Ansi relayed this information to the
“targets,” Sheikh Moayad and Mohamad Zayad,
and told them also to “play along” with “Sharif,”
who he described as “a little crazy.” All the
while, Al Ansi repeatedly mistranslated to both Agent “Sharif’
and Sheikh Moayad and Zayad, as he was the only linguistic
link between the parties. As “Sharif” reads
the Qu’ran, stating that it is the basis of their
meeting, Sheikh Moayad and Zayad smile and agree, thinking
he is a holy man who wants to help them support their charity
work. When it becomes clear that “Sharif” wants
them to direct the funds to activities other than the charitable
center, Moayad and Zayad expressed their disapproval, to
which “Sharif” responded, ‘I know what
you’re here for and I will give you what you want
if you give me what I want.’ Sheikh Moayad and Zayad
were intimidated and clearly expressed their fear and apprehension,
and from the scant recordings that exist of this meeting,
it is evident that they are plotting to avoid following
Agent “Sharif’s” orders and are planning
to use the money to build their charitable center. And although
the only incriminating conversations they had were with
Agent “Sharif,” through the translation of Al
Ansi, Moayad and Zayad were arrested in Germany by masked
officers three days after their arrival in the country.
They were held in Germany for approximately
six months and deported to the United States in November
2003. Attorney General John Ashcroft hyperbolically announced
the arrest, claiming that Moayad was the “big fish”
they had been looking for, conveniently just in time for
the upcoming U.S. elections. As the evidence against Sheikh
Moayad and Zayad was revealed, the lie was put to Ashcroft’s
claims, as he was only able to show that Moayad supported
Palestinians in Palestine and surrounding Palestinian refugee
camps in Arab countries, and that Moayad knew of Hamas figures
in the Arab World, both legal acts throughout the Arab World,
Africa and some European states. Perhaps, however, he did
meet his real goal, not of “combating terrorism,”
but of suppressing Arab advocacy and support for Palestine.
What Went Wrong: Elections, Israel,
World Policing and Uncontrolled Power
The Defense Attorneys: Government
Paid and Delayed
Sheikh Moayad filed complaints against
his attorney for a year and a half, yet the judge did nothing
to address his complaints. Moayad made clear that his then-assigned
counsel was interested in nothing but cutting a deal with
the FBI, having Moayad become a government informant, and
convincing Moayad to accept money and a plea bargain in
exchange for his right to be judged by the law of his own
land -Yemen. When independent counsel became involved, it
was only weeks before trial. None of the tapes in Germany
had been transcribed and no investigative work had been
initiated. The new attorneys begged for time to prepare,
to no avail. Furthermore, a Palestinian-born attorney was
kept from admission to the case and court for approximately
one month after the new attorneys appeared because as the
government said, “as a foreign-born attorney, she
posed an increased risk of passing messages from the Sheikh.”
She was also administratively prevented from meeting with
the Sheikh outside of the courtroom for several weeks after
she was finally admitted, which the government claimed was
a mere administrative faux pas. Despite the efforts of the
new, independent legal team, the effects of a year of almost
no trial preparation were devastating. The court-appointed
attorney was not relieved and was allowed to make strategic
decisions, the new counsel worked tirelessly but fearfully,
and the Palestinian attorney was censored.
The Extradition: FBI lies and
prejudice
In his affidavit, FBI Agent “RF”
swore that he had evidence that Al Moayad sent millions
to Al Qaeda and Hamas. The agent was never held accountable
for these allegations, which were proven false at trial.
In fact, the government only showed that little more than
$30,000 was sent to Palestinian organizations, none of which
were designated as FTO’s. In fact, one of the receipts
explicitly thanked the Al Aqsa Foundation for its donation
of school bags. The government failed to show that any money
had ever gone to Al Qaeda, and the only connection they
showed between Sheikh Moayad’s charitable work and
the U.S. were phone calls and a donation from a Sheikh in
New York to Sheikh Moayad, amounting to less than two thousand
dollars over a period of several years. The only allegation
the government confirmed was that Al Moayad had indeed fundraised
for Palestinian charities.
The allegation that these charities may
be connected to Hamas, although untrue, would not suffice
for extradition to the U.S., as Hamas’ charitable
wing is still lawful in Germany and has a public presence
there. The foundation for the extradition was in fact non-existent.
Furthermore, the FBI translator-agents repeatedly mistranslated
the Arabic language. One translator-agent said the word
“jihad” can only mean “holy war against
non-Muslims” and translated the word “students”
as “female slaves” at one point. The FBI used
these dubious translations to pursue extradition from Germany.
Furthermore, the FBI’s practices were not uncommon
to their German equivalent, the BKA. In fact, one of the
German-Arabic translators used had previously testified
to fabricating conversations, or as he said, “re-constructing”
conversations, in a previous case, yet he continues to work
for the BKA.
The Trial of Terror: Prejudice,
Poor Goliath and No Jurisdiction
The prosecution made it clear that this
trial was indeed political, and furthermore, was indeed
about Palestine. Various events in Palestine were brought
into the trial on the basis of dubious and tenuous connections
to the actual facts of the case. The actually cried in court
as she recounted a 2001 bus bombing in Tel Aviv. The prosecution
was able to bring such in issues with no connection to the
defendants, because the Hamas representative to Yemen who
was present at the group wedding , which was also attended
by numerous Yemeni government officials, mentioned it right
before he read poetry at the group wedding. Several days
later, she issued headphones to pre-pubescent Yeshiva children
who lined the courtroom in what was a clearly orchestrated
sympathy ploy with no connection to Sheikh Moayad or Mohamad
Zayad. This prosecutor also opened the Qu’ran and
forced the timid Muslim court interpreters to translate
what she called the “terrorist verse.” It is
also known as Surat Al-Bakarah and is known for teaching
readers how to avoid conflict.
The FBI: Desperate and Powerful
Witness Tampering & Intimidation
Aside from limiting the participation
of the Palestinian attorney, the Government repeatedly intimidated
witnesses and prevented witnesses for the defense from appearing.
Two of Zayed’s witnesses were scared out of travelling
after their first visas were given and subsequently revoked,
and the two who were allowed into the US were harassed,
their evidence and their belongings violated, and allowed
no privacy, even when meeting with defense attorneys. The
witnesses came with pictures of Moayad’s charitable
institutions, half of which were destroyed at the airport
where FBI agents met and interrogated the Yemeni witnesses.
On their return trip, one of the witnesses’ suitcases
disappeared. During their stay, they were in the full custody
of the FBI, held in a hotel room that was tapped, and prohibited
from making from outgoing phone calls - even to their families.
They were not allowed to leave the hotel or have any visitors,
and were only allowed to meet and prepare with the attorneys
in those same rooms the FBI was monitoring.
Moayad’s witnesses were never allowed
into the US at all, and the Court refused to adjourn until
the witnesses were allowed visas; perhaps the Court knew
that the visas would never be given. The government complained
repeatedly about its court expenses at trial, but managed
to bring to the U.S. six German witnesses who testified
to two things: that the defendants were followed and their
hotel rooms tapped. They were placed in hotels, allowed
to travel freely, make unmonitored phone calls and had no
problems getting visas.
Another defense witness who had possession
of copies of the surveillance tapes and the equipment necessary
to identify manipulated footage was visited by the FBI at
his home late Sunday evening two days before he was to testify.
He was interrogated about his testimony and personal history,
and was asked about the confidential conversations he had
with the defense attorneys. Two weeks after the trial ended,
his home and office were burned down under mysterious circumstances.
The Tapes: Inaudible “Arabic”
The most crucial piece of evidence in
the case was the surveillance footage. According to the
plethora of German witnesses, the recordings were complete,
contained no missing segments, and were clear. The German
technicians found no errors in the tapes until after the
tapes were in the custody of American intelligence, the
FBI. According to the German technicians, it was the FBI
who alerted them to the “problem areas” which
German technicians claimed to have attempted to correct.
Portions of seemingly incriminating conversations were loud
and clear but conversations where Sheikh Moayad and Mohamad
Zayed plot to leave Germany and the set-up are full of gaps
which make the conversation almost completely inaudible.
No one was able to provide a consistent explanation as to
the reason for these gaps. In fact, conversations that lasted
for close to a minute contained only a few decipherable
words. This was representative of the footage taken outside
the presence of the government agents; that is, the footage
that is necessary to establishing culpability. Furthermore,
although the government claimed over and over again that
a code was established for communication, not a single tape
before, during or after the sting in Germany contained any
conversation in code. What the government trumpeted as evidence
of a code was a clip where Sheikh Moayad reads to Mohamad
Zayed from a millenia-old book as they sat hostage in their
hotel rooms in Germany. Ultimately, the jury was convinced
of the allegations despite the unreliability of the sole
witness. This witness, according to his own testimony, failed
to explain what the alleged codes meant and never reported
such a code to the FBI agents during the “investigation.”
His history is that of a career liar and defrauder who,
at one point, threatened to blow up a woman’s business.
Furthermore, according to the government, conversations
outside the rooms were recorded via microphones on Al Ansi’s
body and in the car they used, yet the government refused
to submit those recordings or the recordings of the conversations
in the undercover agent’s rooms. In addition, the
government translators mistranslated Arabic conversations
repeatedly, gave everyday terms incriminating meanings,
and selected snippets of conversation out of their contexts
to emphasize and dilute the real meanings conveyed in the
entirety of conversations. When the defense attempted to
have an expert witness testify as to the unreliability of
the government’s transcripts, the government objected
and was sustained, leaving the jury to make the most of
transcripts which were incomplete, artfully mis-tailored,
and highly misleading. This was all the more damaging as
the government only submitted approximately eight hours
of the three-day surveillance and the defense alas was not
allowed an adjournment to prepare transcripts of the few
remaining portions that the government did turn over.
Throughout the case, the behavior of the
U.S. government has been nothing short of criminal. Today,
Sheikh Moayad and Mohamad Zayad are imprisoned in the Metropolitan
Detention Center in Brooklyn, New York, awaiting sentencing
after their conviction for providing material support to
Hamas, despite acquittal on charges of providing material
support to Al Qaeda. They are held in solitary confinement
without visitors, while all their phone calls, even to their
attorneys are recorded, and without a way to express their
needs and demands as they can’t even speak English.
Yemeni citizens with scant interaction with the U.S., they
were nonetheless tried under U.S. laws in a courtroom tainted
by a poisonous racism and anti-Muslim rhetoric. Sheikh Mohamad
al-Moayad and Mohamad Zayed join many other Arabs and Muslims
persecuted under the guise of the “war on terror”
amid the criminalization of Arab political activity and
Muslim charitable work. However, the stories of these prisoners
of conscience remain widely unknown in the United States
– allowing the government ever more free reign in
its campaigns of persecution.
Your support is urgently needed. Please
sign on to and send the letters provided on this page to
the judge on the case, the warden and to the Yemeni government.
Our voices must be heard to support Arab and Palestinian
political prisoners in the United States, lest the voices
and the work of many “fathers of the orphans”
be lost in U.S. prisons.
Your Excellency,
I write to appeal to you, on humanitarian,
legal and political grounds, to continue your fight for
the release of Sheikh Mohamad Al Moayad and Mohamad Zayed
from the inhumane custody of the government of the United
States. We, people and organizations of conscience, understand
that Sheikh Moayad and Mr. Zayed were unjustly prosecuted
and held accountable for acts that are legal in Yemen, the
Arab World, Africa and parts of Europe, specifically supporting
the Palestinian struggle for self determination and survival
against the oppressive, racist, extermination by the Zionist
Israeli Government.
In view of the information available to
us concerning this case, Sheikh Al Moayad and Mr. Zayed
are deprived of their freedom while held in extremely inhumane
conditions through violation of the laws of Yemen, the laws
of the United States, and the laws of the international
community, all of which prohibit the imprisonment of peaceful
members of society who behave in full compliance with the
laws of their jurisdiction. Furthermore, the case of Sheikh
Moayad and Mr. Zayed was tainted by a flood of prejudicial
evidence and was seriously compromised by the terror tactics
of the US Government.
The FBI intimidated the defense witnesses,
obstructed the participation of the Shiekh’s Arab
Attorney, and prevented the testimony of the witnesses of
the Sheikh by obstructing their visas. The witnesses for
Zayed, Mr. Zahr and Mr. Fusayil, were treated as criminals.
They were met and interrogated in the airport by FBI agents
and their property, which was to be evidence for the defense,
was destroyed. These two witnesses were then held in a hotel
under full FBI supervision and monitoring, prevented from
contacting anyone-even family members. They were not allowed
to leave their hotel rooms, and were allowed to meet with
defense attorneys only in the rooms where they were forced
to remain. American expert witnesses were accused of being
terrorist supporters because they testified in defense of
Sheikh Moayad and Mr. Zayed. One Defense witness was interrogated
in his home on a Sunday evening two days before he was to
testify. His home was later burned down in a suspicious
manner. Mr. Moayad had complained for a year and half that
the Court Appointed Attorney was not interested in fighting
to prove his innocence and was only concerned with having
Mr. Moayad become an FBI Agent, yet the Judge refused to
relieve that attorney even when independent counsel appeared.
Even when appointed counsel did appear the Judge refused
to grant an adjournment so that the attorneys could effectively
prepare their defense, which would have otherwise required
a minimum of one year of pretrial work.
We have followed the case of US v Mohammad
Moayad and US v Mohamad Zayed and find that not only was
his trial biased and unfair, but that it was a political
message sent to the people of the Arab World. It is a warning
to all supporters of justice to cease their support of the
Palestinian Struggle for Self Determination or face the
fate that your citizens now face. Mr. Moayad was found guilty
of supporting Hamas by way of receipts of funds sent to
Palestinian Charities which have not been linked to Hamas.
He was accused in large part because he traveled to Palestinian
Refugee Camps in Lebanon and met with others in Beirut to
organize around Palestine. And as you know, the Government
of Yemen, like many other governments around the world,
proudly supports Palestine and allows Hamas offices and
official status in its territory. It is not for the US Government
to determine the laws of any country, Arab or otherwise.
The US Government cannot be allowed to force its foreign
policy, or worse yet the Zionist-Israeli foreign policy,
on any other sovereign. The acts taken by the US in this
case, among others, are abhorrent to the laws of the country
which now holds your nationals and to laws of the international
community as a whole.
True freedom, of the state and the individual,
can only come with principled courage. We fear that if you
allow this case to go unchallenged by your government, you
will set a dangerous precedent for the whole of the Arab
World and indeed the international community. We urge you
to demand that Mr. Moayad and Mr. Zayed who have spent their
lives serving the oppressed in Yemen, Palestine and Palestinian
Refugee Camps in Lebanon, Jordan and Syria be returned to
Yemen immediately.
In the least, we ask that you demand that
they be placed in the most humane conditions until they
are given another chance to fairly fight the baseless charges
against them, and that they be allowed visitors and removed
from solitary confinement. We are certain that you will
continue to show Your support of Sheikh Moayad and Mr. Zayed
as they appeal their convictions.
As you may well know, this case is not
simply about Sheikh Moayad and Mr. Zayed, it is about you,
your people, your policies-Sheikh Al Moayad and Mr. Zayed
are the sacrificial lambs-the collateral damage as the government
calls it. Let your people know that you will not allow them
to be victims of the US-Israeli war of terror, that you
will not let them become victims in the campaign to criminalize
Palestinians and the Palestinian struggle for liberation.
Let your people know that you value them as dignified people
with a right to make decisions without the duress imposed
by American-Zionist interests by this case.
We simply ask that you boldly stand up
for justice and for your people, Yemeni, Palestinian and
Arab alike.
Respectfully Yours ,
Hon. Judge Sterling Johnson
United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201
Hon. Judge Johnson;
It has been brought to my attention that
you are the Judge presiding on the Judgement and Commital
of Sheikh Mohamad Al Moayad and Mohamad Zayed.
I have followed the case of Sheikh Mohamad
Al Moayad and Mohamad Zayed closely and believe a grave
injustice has been done. I believe the government behaved
unfairly and that there existed a dramatic inequity of resources
and power which if non-existent would have allowed for a
non-guilty verdict. While I am aware of the fact that I
cannot force His Honor to issue a Judgment Notwithstanding
the Verdict, I do issue a plea to His Honor in the best
interest of justice, and the integrity of the court, to
at least consider issuing such a judgment in light of the
government’s failure to have proven jurisdiction,
in light of the government’s failure to demonstrate
the trustworthiness of the transcripts, tape recordings,
and in light of the government’s failure to attribute
pre-sting suspicion to the Palestinian Organizations Mr.
Al Moayad is alleged to have supported.
Alternatively, I ask His Honor to consider
the counts as arising from a single transaction, specifically
the transaction between Mr. Moayad and Mr. Zayed and Mr.
Sharif, the FBI Agent posing as a former Black Panther.
I implore the Court to consider the history of Mr. Al Moayad
as a spiritual leader, a civil servant, and as a community
builder and developer, his repuatation as Father of the
Orphans in Yemen. I hope the Court bears in mind that although
Mr. Al Moayad held beliefs about Israel which sit in contradiction
to the policies of this administration, he had never acted
violently against any individual or state. In fact, he spent
his years arbitrating between people, tribes and communities
to avoid violence. Mr. Al Moayad and Mr. Zayed have been
imprisoned two years and four months in states which do
not speak their language, they have been unable to express
themselves to the prison administration or to the Courts
effectively and have suffered tremendously as a result.
Both men have been in solitary confinement since their extradition
and, because the Prosecution has threatened to imprison
any and all relatives which attempt to enter the United
States, they have not seen their families since their arrest.
I pray that His Honor will consider these aggravating circumstances
of the arrest in making His decision.
Indeed this is a sensitive case for citizens
of this nation and citizens of the world, the steps His
Honor takes now will be closely watched by all. Please help
us all find faith in the United States justice System by
doing what is clearly just. Thank you.
Respectfully.
Metropolitan Detention Center
Richard Desmond
Cc: Warden Zenk or Current Warden
Cc: Associate Warden Clemens or Current Associate Warden
CC: FBI Case Agent Brian Murphy
80 29th Street
Brooklyn, New York 11201
I am ____________ and interested in human
rights, specifically the state of prisoners in the United
States. I became quite concerned after hearing about the
case of Mohamad Al Moayad and Moahamd Zayed. I understand
that they are being detained at the MDC in the Special Housing
Unit in solitary confinement. I also understand that they
have otherwise never been to the United States, do not speak
English and have no family in the United States. It is clear
that such confinement without human contact is violative
of domestic and international laws and a vilation of basic
human rights. I ask that you consider transferring both
men to general population or in the alterntive allow them
visitors. I am willing to consider visiting the men and
will continue to follow this case until I believe both men
are treated justly and humanely.
I am also aware that Mr. Zayed’s
psychological condition is fragile and the Mr. Al Moayad’s
health is also deteriorating and that he is not receiving
an hour of exercise as otherwise alloted SHU prisoners.
I hope that you can ensure that both men are given regular
access to physicians and that when the physician visits
a translator be provided so that each can express his needs
and/or symptoms effectively and understand which medicines
are being prescribed and in what manner they are to be consumed.
I have also learned that both men are
restricted from access to literature and magazines that
are void of any news and that although they have ordered
books many months ago they have yet to receive any of them.
Of further concern is that both men rarely receive visits
from a Muslim cleric and although both have been requesting
religious items as allowed them by your own prison’s
rules, they have yet to receive the items which include
body oils, wrist watches, prayer rugs, and prayer beads.
This is disturbing especially when one considers their model
behavior under extreme holding conditions. All this appears
to be a serious infringement upon the basic human dignity
of both Mr. Zayed and Mr. Moayad, more concerning is that
this appears to be a religiously and ethnically motivated
infringement by your institution.
I urge you to look into these matters
so that suspicion about your instituion’s policies
can be dispelled and so that we can all rest assured that
prisoners are treated justly and not punished on the grounds
of their race or religion. I understand you must be very
busy and I appreciate your time. I look forward to hearing
from you.
Yours,
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