Human Rights Watch published the 214-page report, titled “Illusion of Justice: Human Rights Abuses in US Terrorism Prosecutions.” It documents a number of cases which the group describes as being marred by overly-aggressive prosecution, entrapment, and draconian treatment of prisoners.
“Americans have been told that their government is keeping them safe by preventing and prosecuting terrorism inside the U.S.,” said Andrea Prasow, deputy Washington director at Human Rights Watch and co-author of the report. “But take a closer look, and you realize that many of these people would never have committed a crime if not for law enforcement encouraging, pressuring, and sometimes paying them to commit terrorist acts.”
Post-9/11 anti-terrorism investigations have often utilized secret evidence, anonymous juries, extensive pretrial incarceration, and reached convictions for allegations significantly removed from actual plots, the report shows.
While noting that some terror plots are genuine, the report contends that “in some cases the FBI may have created terrorists out of law-abiding individuals by suggesting the idea of taking terrorist action or encouraging the target to act.”
“In some cases the FBI may have created
terrorists out of law-abiding individuals by suggesting the idea of
taking terrorist action or encouraging the target to act.”
This startling phenomenon occurs when the FBI uses its confidential
informants — paid assets of the bureau — to incubate fake terror plots
and lead individuals to act in ways that will lead to their arrest.
There are about 15,000 paid informants employed by the FBI (2008 estimate).
These assets played an “active role” in setting up sting operations to
arrest suspects in fake terror plots in roughly 30% of terrorism
investigations since 2001.When approaching designated individuals, FBI actors would often make comments on “politically sensitive” subjects “that appeared designed to inflame the targets.” If the targets’ “opinions were deemed sufficiently troubling,” the FBI would often move forward with staging an event and enticing the target to play a role.
One such operative joined a mosque in a downtrodden community in Bronx County, NY. Bearing expensive gifts and touting radical opinions, he stood out amongst other locals; many living in boarded-up houses, and suffering from addictions, poverty, and high rates of crime. In the months that followed, the FBI operative meticulously planned every aspect of a completely fake scheme, promoting it to several black Muslim men he met at the mosque. The FBI operative even went so far as to offer one man $250,000 to participate. Ultimately, the sting operation netted 4 “terrorists” who each received 25-year prison sentences.
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