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Rights Group Files Suit Against USA Patriot Act

The inspector general's office had received 34 complaints that it considered credible, including accusations of beatings of Muslim and Arab immigrants in federal detention centers

WASHINGTON, August 6 (IslamOnline.net & News Agencies) - In a new legal challenge to the controversial USA Patriot Act, a legal advocacy group filed a lawsuit in federal court arguing the act is infringing on free speech protections.

The New York-based Centre of Constitutional Rights contends protests that the Act outlaws "expert advice and assistance" to groups labeled by the United States as terrorist, even if the assistance is humanitarian in nature and has no connection to terrorism, the Washington Post reported.

Granting the FBI powers to secretly obtain a variety of information about ordinary Americans, including medical records, reading habits, religious affiliations and Internet surfing, the broad antiterrorism law came under barrages of criticism from libertarians as a constitutional threat.

The plaintiffs argue that whatever links they might have with the groups they are innocent and protected by the First Amendment, a view that has been supported by previous federal court rulings focused on other statutes.

"In its rush to pass the Patriot Act just six weeks after the Sept. 11 attacks, Congress overlooked one of our most fundamental rights: the right to express our political beliefs, even if they are controversial," Nancy Chang, one of the plaintiffs' attorneys, was quoted by the Post as saying.

The case involves American activists and aid workers with ties to Turkey's Kurdistan Workers' Party, or PKK, and the Liberation Tigers of Tamil Eelam, both of which have been declared terrorist groups by Secretary of State Colin L. Powell, said the Post.

Striking Down Words

Fertig said the Act interferes with peacemaking efforts his group has pursued with the PKK

Among the plaintiffs are the Humanitarian Law Project and a Tamil-American doctor that asked U.S. District Judge Audrey Collins to expand her 1999 permanent injunction striking down part of the Patriot Act's 1996 precursor, known as the Anti-Terrorism and Effective Death Penalty Act.

In her 1999 order, Collins struck the terms "training" and "personnel" from the definition of "material support," finding they were unconstitutionally vague.

The Los Angeles-based Humanitarian Law Project now wants the judge to strike the words "expert advice and assistance"- a term that was added to the definition of "material support" under the Patriot Act.

Humanitarian Law Project President Ralph Fertig was quoted by Reuters as saying the Patriot Act provision is interfering with peacemaking efforts his group has pursued with the Kurdistan Workers Party of Turkey (PKK), defined as a terrorist group by U.S. officials.

The filing, part of a long-running dispute between the center and the federal government over the reach of antiterrorism policies, marks the second time in a week that the Patriot Act has been the focus of a legal challenge.

On Wednesday, July 30, the American Civil Liberties Union (ACLU) filed a lawsuit against the Act on behalf of six advocacy and community groups from across the country whose members and clients believe they are currently the targets of investigations because of their ethnicity, religion and political associations.

But Justice Department spokeswoman Barbara Comstock said that providing any kind of support to terrorist groups "poses a potential threat to the American people."

"Congress overwhelmingly approved the Patriot Act, and they clearly had the intention of making material support and assistance to terrorists a crime," she said.

The Justice Department has defended the act, which Congress passed overwhelmingly six weeks after the Sept. 11 attacks, as a crucial weapon in the war on terrorism.

But a new report by internal investigators at the Justice Department published by the New York Times on July 21, identified dozens of cases in which employees have been accused of serious civil rights and civil liberties violations, with cases involving the enforcement of the USA Patriot Act.

The inspector general’s report said that from December 16 through June 15, his office received 1,073 complaints "suggesting a Patriot Act-related" abuse of civil rights or civil liberties.

The report suggested that hundreds of the accusations were easily dismissed as not credible or impossible to prove.

But of the remainder, 272 were determined to fall within the inspector general's jurisdiction, with 34 raising "credible Patriot Act violations on their face."

The report said that during the six-month period that ended on June 15, the inspector general's office had received 34 complaints of civil rights and civil liberties violations by department employees that it considered credible, including accusations of beatings of Muslim and Arab immigrants in federal detention centers.

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