Sanctions initiated against Iraq in 1991 were the most severe in
human history, and resulted in the premature deaths of well over a
million Iraqi people. The American government’s refusal to lift them,
despite worldwide appeals, led to the high-profile resignations of UN
humanitarian coordinators Denis Halliday and Hans Von Sponeck. When
Halliday resigned in 1998, he stated: “I’ve been using the word
‘genocide’ because this is a deliberate policy to destroy the people of
Iraq. I’m afraid I have no other view.†The sanctions also drew a
memorable response from Bill Clinton’s Secretary of State, Madeleine
Albright who, when asked on the CBS program 60 Minutes in the mid 1990s
if the sanctions-related deaths of a half million Iraqi children were
worth it, replied, “We think the price is worth it.â€
It is
against this backdrop that numerous groups from around the globe
gathered funds and humanitarian supplies to be delivered directly to
the people of Iraq, completely bypassing the regime of Saddam Hussein.
Dr. Dhafir’s charity, Help the Needy, was founded in the1990s to buy
food, clothing, and medical supplies. For 13 years he worked tirelessly
to help publicize the plight of the Iraqi people, personally donating
$1.4 million of his own money to the charity. As an oncologist, he was
also concerned about the effects of depleted uranium on the Iraqi
population which was experiencing skyrocketing cancer rates.
But
Dr. Dhafir and Help the Needy came under the gun sights of the Bush
administration that, following the events of September 11, 2001, raided
and closed down six major and many smaller Muslim charities, accusing
each of funding terrorism. In each case, alleged “guilt by associationâ€
meant that the charities’ assets were frozen and their principals
arrested. Yet despite new investigative powers, government authorities
have failed to produce evidence of terrorist financing by any of these
Muslim charities.
Arrested just weeks before the start of the
Iraq war, the federal government repeatedly pitched this case as one
that had national security implications, and Dr. Dhafir was held
without bail for 31 months. This denial of bail greatly impeded his
legal defense, yet no charges related to terrorism were ever filed, nor
were any links to terrorists proven. Unable to get Dr. Dhafir to accept
a plea agreement, the government piled on the charges and, after a
lengthy trial, he was found guilty on 59 counts of; violating federal
regulations related to economic sanctions imposed against Iraq, money
laundering, mail and wire fraud, tax evasion, visa fraud—all related to
running the charity–and Medicare fraud. He is the only person ever to
be incarcerated for violating the Iraq sanctions.
“Each year,
the U.S. Treasury Department’s Office of Foreign Assets Control
collects millions of dollars in penalties from American Corporations
who have violated these sanctions (from oil companies, banks, food and
beverage companies, and entertainment companies),†says Katherine
Hughes of the Dr. Dhafir Support Committee. “No executive of any such
corporation has faced criminal charges. Individuals, businesses, and
organizations that have openly defied the sanctions have faced only
fines. Criminal prosecutions have only been made against Muslims and
people of Middle Eastern origin accused of violating these economic
sanctions. And unlike those corporations, there was no profit motive in
Dr. Dhafir’s case.â€
On the day of Dr. Dhafir’s sentencing the New York Civil Liberties Union (NYCLU) issued a statement that said,
“Every
person charged with a crime in the US deserves and is entitled to fair
and equal treatment under the law. In many ways, Dr. Dhafir was
presumed guilty long before the trial began, and of much more than
indicated by the charges filed against him. For the NYCLU, this case
raises serious questions as to whether Muslims accused or charged with
crimes in the US can truly receive a fair trial. Our government should
not tout the conviction of Dr. Dhafir or the harsh sentence imposed by
the court as a “win,†or as any kind of advancement in national
security. When ‘justice†is pursued with religious and ethnic
prejudice, and through actions that intimidate and isolate an entire
community, there is no victory - there can be no advancement in
national security, or faith in the promise of equal treatment under
law.â€
The
Dr. Dhafir Support Committee hopes that Dr. Dhafir
will find justice through the Second Circuit Court of Appeals. Dr.
Dhafir is currently incarcerated in the federal penitentiary at Terre
Haute, Indiana.
For more information on this case: www.dhafirtrial.net
More about the appeal here.