Pakistani immigrant sues US over false arrest in war on terrorism

Irfan Khan was accused of providing material support for terrorism and the TTP.


Reuters December 06, 2013
Pakistani immigrant sues US over false arrest in war on terrorism. PHOTO: FILE

ORLANDO: A Pakistani immigrant who says he was held for more than 10 months in solitary confinement after being falsely arrested on terrorism charges has filed a lawsuit in federal court in Miami, saying he was a victim of "overzealousness" in the US war on terrorism.

Irfan Khan, a 40-year-old Muslim, emigrated to the United States from Pakistan in 1994 and is a naturalised US citizen.

He is the son of a 78-year-old south Florida imam who was sentenced to 25 years in prison by a judge in August for funnelling more than $50,000 to the Tehreek-e-Taliban Pakistan (TTP).

Hafiz Khan was convicted in March on four counts of providing money and support to the group, which the United States considers a terrorist organisation. He had faced a maximum of 60 years in prison, and prosecutors sought a 15-year sentence.

The lawsuit, filed on Tuesday in US District Court, says Irfan Khan was arrested in California in May 2011 on charges that included providing material support for terrorism and the TTP.

Subsequently transferred to a prison in Florida, he was also accused of supporting a conspiracy to maim, kidnap or murder persons overseas, according to the lawsuit.

All charges against Khan were dropped in June 2012, but only after he had been held for 319 days in solitary confinement, according to the lawsuit.

"The conduct the government subjected Irfan to, as a result of his religion, national origin, and its overzealousness in its war on terror was and still is, by all standards, horrendous," the complaint says.

"I couldn't even imagine myself in this situation," Khan told Reuters on Thursday evening. "I was shocked at the time. I'm still shocked. I don't know why it happened, how it happened, and that's why we are doing this. To get some answers."

He did not elaborate, but the lawsuit accuses the government of false arrest, imprisonment and malicious prosecution.

A spokesman for the US Justice Department could not be reached for comment on the lawsuit after Reuters learned of it late on Thursday.

The government accused Khan of wiring money in 2008 to a commander of the TTP named Akbar Hussain, but Khan maintains that he actually was sending money to his wife, who was visiting Pakistan, through her uncle who is also named Akbar Hussain but who is a retired college professor.

The lawsuit also claims that a neutral translator would have disagreed with the government's interpretation of two telephone conversations cited by prosecutors that Khan had with his father in the father's native language of Urdu and Pashto.

The lawsuit states that Khan could be heard on the phone calls criticizing the Pakistani government but not advocating violence, as was claimed by government prosecutors.

Following his arrest, Khan said he lost his job and his car. He also said his wife had to move with their two children out of concerns for their safety.

Since his release, Khan, who is looking for a job in Miami, said one bank refused to allow him a checking account, and his former employer refused to talk to him.

Michael Hanna, a discrimination attorney with the Morgan & Morgan law firm in Orlando, said Khan is seeking justice and unspecified damages.

Case 1:13-cv-24366-CMA, Irfan Khan v United States of America, was filed in US District Court, Southern District of Florida.

COMMENTS (27)

JK | 10 years ago | Reply The 11 convicted on false allegations from day one claimed to be innocent, their rights were violated, their Spanish lawyer did not assist them in nearly 6 years as obliged, no statements taken, wrongly advised told not to say anything in court, their lawyer met few for no more than 30 minutes just to say you are innocent and not to reply to prosecutor questions in court; because you are innocent and will be released soon. There is more evidence which cannot be disclosed for legal purposes, the news article to which you have given your personal comments reflects as they are terrorists, but in fact and now truly believed they are innocent and the publication has not added what was said in the press conference, the published article is incorrect and incomplete. I would also say as your comments are not true, because it was a set up by F1 protected witness claimed himself to be a terrorist, trying to damage Pakistan image and caused severe damage to the imprisoned Pakistanis and their families, even WikiLeaks cable proves part of evidence which you reader should read and consult this with an expert lawyer on terrorism, based on this one person code named F1 to testify by giving false statement against the 11 detainees. It is requested to read the other news publication in other major newspapers published to understand the true nature of this legal process represented by lawyers firm in England (UK). This legal representation will not just undo the harm done to the detainees their families but also to Pakistan Insha’Allah. The European Fund for journalist have instructed a team to investigate into cases as such on “Preventive Justice” and even they now believe that from day one violations have taken place, this will prevent such Human Rights violations if this investigation compel the authorities to reopen the cases prevented from justice due to their miscarriage of justice, negligence and false allegations.
JK | 10 years ago | Reply @Ariba: @Patriot: The 11 convicted on false allegations from day one claimed to be innocent, their rights were violated, their Spanish lawyer did not assist them in nearly 6 years as obliged, no statements taken, wrongly advised told not to say anything in court, their lawyer met few for no more than 30 minutes just to say you are innocent and not to reply to prosecutor questions in court; because you are innocent and will be released soon. There is more evidence which cannot be disclosed for legal purposes, the news article to which you have given your personal comments reflects as they are terrorists, but in fact and now truly believed they are innocent and the publication has not added what was said in the press conference, the published article is incorrect and incomplete. I would also say as your comments are not true, because it was a set up by F1 protected witness claimed himself to be a terrorist, trying to damage Pakistan image and caused severe damage to the imprisoned Pakistanis and their families, even WikiLeaks cable proves part of evidence which you reader should read and consult this with an expert lawyer on terrorism, based on this one person code named F1 to testify by giving false statement against the 11 detainees. It is requested to read the other news publication in other major newspapers published to understand the true nature of this legal process represented by lawyers firm in England (UK). This legal representation will not just undo the harm done to the detainees their families but also to Pakistan Insha’Allah. The European Fund for journalist have instructed a team to investigate into cases as such on “Preventive Justice” and even they now believe that from day one violations have taken place, this will prevent such Human Rights violations if this investigation compel the authorities to reopen the cases prevented from justice due to their miscarriage of justice, negligence and false allegations.
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