A3N: What can you tell us about Hashmi as a person, especially your personal experience of knowing him when he was a student of yours?
JH: Fahad was a student of mine at Brooklyn College in 2002. An outspoken Muslim student activist, Fahad wrote his senior seminar paper with me on the treatment of Muslim groups within the United States and the violations of civil rights and liberties that many groups were facing. Needless to say, this feels particularly chilling� ��"and no longer academic� ��"as we have now witnessed his own rights being violated.
A3N: Since his arrest, what have the conditions of his incarceration been?
JH: Under special administrative measures (SAMs) imposed in October 2007 by the former Attorney General, Hashmi must be held in solitary confinement and may not communicate with anyone inside the prison other than prison officials. Family visits are limited to one person every other week for one and a half hours and cannot involve physical contact. While his correspondence to members of Congress and other government officials is not restricted, he 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 inside and outside his cell � ��" including when he showers or relieves himself � ��" and 23-hour lockdown. He has no access to fresh air and must take his one hour of daily recreation � ��" when it is given � ��" inside a cage.
As the expert testimony supplied by Hashmi's attorneys in a pre-trial motion of December 2008 attests, the conditions of Hashmi's detention may have severe physical and mental consequences and impair his mental state and ability to testify on his own behalf.
While former Acting Attorney General Keisler claimed 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,� �� � Hashmi was held with other prisoners in a British jail for eleven months without incident. The SAMs were renewed by Attorney General Mukasey in November 2008 and upheld by Judge Loretta Preska in January 2009, citing Hashmi's � ���"proclivity for violence.� �� � There has been no change to the SAMs under the Obama Administration. They were renewed again by Attorney General Holder in early November 2009. Yet, Hashmi is not being charged and has never been charged with committing an actual act of violence.
Currently, according to research by the New York Times in February 2009, there are six people in the United States being held on pre-trial terrorism SAMs; three (including Hashmi) are under the jurisdiction of the Southern District of New York, which has long served as a stepping stone to national political office.
A3N: Looking particularly at the harsh solitary confinement imposed on Hashmi, how is this officially justified? Do you think the stated reason is the actual motivation, or do you think there are other reasons for the solitary confinement and other harsh restrictions?
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