“This is not a Muslim but an American concern… matter of US international human rights obligations & US Constitution.” Since the 9/11 terror attacks, US authorities have maintained a “No Fly” Watch List that is effectively beyond judicial or any other form of legal recourse. The rule of law does not seem to apply to something that is applied in the name of law enforcement. The so-called war on terror has created gray areas that allow the US constitution to be circumvented by deliberately and conveniently placing it in a gray area – allowing political and personal prejudices to become the primary criteria. (Read: - “Spying on Muslim-Americans-Investigation or Rhetoric” - diplomaticallyincorrect.org/films/blog_post/spying-on-muslim-americans-investigation-or-rhetoric-by-ambassador-mo/38763). Below is the ongoing case of one Muslim-American citizen and leader – now continuing without redress for 7 years. There is nothing in the individual’s, Dr. Radwan Masmoudi (Top Photo) of the Center for the Study of Islam & Democracy (CSID), police record, work or statements, that should warrant scrutiny, except for…well you can plainly see the bias as it becomes obvious in thousands of instances. (To the contrary, the CSID should be embraced for its efforts by US authorities, but that is not the criteria that should be applied for any individual to be granted their fundamental human rights under US and international law - our/your opinion of work/views espoused is irrelevant to the application of the rule of law in any instance). Turning Americans Against their Fellow Muslim-American Citizens: In fact, there are many non-Muslims on these “No Fly” lists. Of course, there is reason for some individuals to be subject to scrutiny. However, I also suspect that a more diverse list is offered so that those “suspected of being Muslim” may be subjected to broad bureaucratic/law enforcement scrutiny under the veneer of promoted impartiality. That is also why 97-year old American born (non-Muslim) ladies, (Bottom Photo - Ms. Mary Gruning), are strip searched at US airports – while such cases are focused upon by the media and draw the public ire, they also convey the desired impression that such searches and No-Fly lists are impartially constituted. Such cases also inevitably cause a segment of the US population to turn their resentment and anger at their fellow Muslims rather than the authorities responsible for applying such rules. (Read: - “No TLC from the TSA” - diplomaticallyincorrect.org/films/blog_post/no-tlc-from-the-tsa-by-susan-sacirbey/32501). Nameless & Faceless Bureaucracy is the Perpetrator of Violations Presumably Acting under Authority of Patriotism & Security: The dominant characteristic of an authoritarian state is that it presumes its supra-constitutional and judicial discretion in the name of security and/or patriotism. The infringement upon democratic and human rights is performed by nameless and frequently faceless bureaucracy. The leaders at the top claim either no knowledge or just ignore the ongoing perverse practice. Those of us who have lived under totalitarian communism know the methodology of authority avoiding accountability while staking out maximum discretion. Exposing Practice to Sanitizing Light of Congressional & Judicial Review: Hearings before the US Congress, as those sponsored by NY Representative Peter King are symptoms of official behavior and bias – but as in the case of the McCarthy era hearings “communist hunt” in Hollywood, when exposed even under their own labels such pograms tend to wilt under the scrutiny. Problem with the “no Fly” Watch List is that it avoids any form of bringing to light the criteria and rationale. It has sought that gray area, after detention but before arrest/charging, that now US military and law enforcement have sought as refuge from judicial review. Justifying the behavior by claiming that it is not a violation of the US Constitution, does not make it so. And, today on Human Rights Day around the globe including the US, it is appropriate that the No Fly list (without judicial recourse), be designated a violation of international humanitarian law and the international obligations of the US Government. This is not a Muslim but an American Concern. By Ambassador Muhamed Sacirbey FaceBook – Become a Fan at “Diplomatically Incorrect” Twitter – Follow us at DiplomaticallyX More at “War Crimes Channel” - diplomaticallyincorrect.org/c/war-crimes-justice Link to Center for Study of Islam & Democracy at www.csidonline.org BELOW is “OPEN LETTER PETITION”: Dear Friends: Today, CSID sent the following Open Letter Petition to Secretary Janet Napolitano, signed by 70 Prominent Americans, complaining about the treatment of Dr. Radwan Masmoudi, President of CSID, at US airports, and demanding that his name be removed immediately from the so-called "watch list". Please send a copy of this letter to your congressman or senator, and demand that Congress exerts the necessary oversight over the Department of Homeland Security, and creates an appropriate and transparent mechanism for adding and removing people from these lists. Nov. 28, 2011 Secretary Janet Napolitano Department of Homeland Security U.S. Department of Homeland Security Washington, DC 20528 Dear Secretary Napolitano, We - the signatories of this letter of appeal - are writing out of concern for the treatment of a colleague and friend for whom we have great respect. Dr. Radwan A. Masmoudi, a dual citizen of the United States and Tunisia, has been struggling since 2005 to get his name removed from the "No Fly" Watch list. As he wrote to you in 2009, Dr. Masmoudi flies domestically and internationally an average of 2-3 times a month. As he has described it to us, without fail, he is subjected to a delay of approximately 1 hour each time before his boarding pass can be printed and he is allowed to board the plane. Upon arrival in the United States, he is always subjected to humiliating and embarrassing searches and interrogations (which last between 2 and 3 hours) about his travel itinerary, the meetings or conferences he attended, and the participants and subjects of these meetings and conferences. On several occasions, DHS officers have come inside the aircraft or waited by the exit doors to escort him to the interrogation rooms, through customs and baggage claims. In addition to the countless hours of his life that have been wasted answering the same questions repeatedly, and the painful humiliation and degradation of being "pulled" in front of his fellow citizens and sometimes in the company of his wife and four US-born children, Dr. Masmoudi has missed his flight on numerous occasions and has had to pay hotel and meal expenses out of pocket. In 2010, after filing a second official TRIP complaint, he received a Redress Control Number: 2115204. But he has yet to receive an actual redress, and since he last wrote, the debilitating, time-consuming, and too often humiliating disruptions of his travel upon leaving and returning to the US have persisted, with no discernible sign of change. Through it all, he has been remarkably patient, but you can imagine how years of this kind of treatment wears on a person. We know Dr. Masmoudi as a committed democrat who has been working for many years to reconcile the Islamic faith with democratic principles, and to promote democracy throughout the Islamic world. He is not only a proud American citizen, but his work is very much in the national interest of the United States, and his Center for the Study of Islam and Democracy (CSID) has received grants and awards from the National Endowment for Democracy, the U.S. Department of State, the U.S. Institute of Peace, and the UN Democracy Fund, among many other notable foundations. Dr. Masmoudi has worked tirelessly for the past 12 years to improve relations between the United States and the Muslim World, and to build bridges of understanding, brotherhood, and cooperation between people of all faiths and backgrounds. We think the United States needs him to continue doing this work. And he needs to travel to do this work. We know that in this post-9/11 era, many names have gotten confused with others, and the net of vigilance was initially cast very wide. We also know that in this dangerous world, leads must be tracked down to several degrees of separation. We know it can take some time to have innocent people removed from this list. But, with this open letter, we appeal to you. Given that Dr. Masmoudi has been dealing with this problem for seven years now, and given the importance of the work he is doing to advance our vital national interest of promoting democratic values and institutions within the Muslim world, we very much hope that the highest priority and attention can be given to this appeal. Dr. Masmoudi, more than any person we know, has helped improve US-Tunisian relations, garner support for democracy in the Arab and Muslim world, and help implement a successful transition to democracy in Tunisia. We think an expedited effort to resolve this petition is not only the right and fair thing to do for Dr. Masmoudi at this point, but an important thing to do for the United States as well. Thank you, Larry Diamond Director, Center on Democracy, Development and the Rule of Law Stanford University Carl Gershman President National Endowment for Democracy David J. Kramer President Freedom House John L Esposito University Professor Georgetown University Nathan J. Brown Professor of Political Science and International Affairs George Washington University Steven Heydemann Senior Adviser U. S. Institute of Peace Akbar S. Ahmed Ibn Khaldun Chair of Islamic Studies American University Alfred Stepan Wallace S. Sayre Professor of Government Director, Center for the Study of Democracy, Toleration and Religion Columbia University Francis Fukuyama Senior Fellow at the Freeman Spogli Institute for International Studies Center on Democracy, Development, and the Rule of Law Stanford University Marina Ottaway Senior Associate, Middle East Program Carnegie Endowment for International Peace Robert R. LaGamma President Council for a Community of Democracies (CCD) Saad Eddine Ibrahim Member, CSID Board of Directors Founder and Director, Ibn Khaldun Center for Development Studies Asma Afsaruddin Chair, CSID Board of Directors Chair & Professor, Department of Near Eastern Languages & Cultures Indiana University Hrach Gregorian President Institute of World Affairs Stephen McInerney Executive Director Project on Middle East Democracy (POMED) Daniel Brumberg Senior Adviser Center for Conflict Analysis and Prevention, USIP Associate professor at Georgetown University Additional Signers (in alphabetical order): Charles Aquilina Program Director Initiatives of Change Margot Badran Senior Fellow Center for Muslim-Christian Understanding Georgetown University Peter Bechtold Chair Emeritus for Near East/North Africa Area Studies Foreign Service Institute, US Dept. of State Steven B. Bloomfield Executive Director Weatherhead Center for International Affairs Harvard University Whitney Bodman Associate Professor of Comparative Religion Austin Presbyterian Theological Seminary Richard W. Bulliet Professor of History Columbia University David Dorn International Affairs Director, American Federation of Teachers John P. Entelis Professor of Political Science and Director Middle East Studies Program Fordham University Carl W. Ernst William R. Kenan, Jr., Distinguished Professor of Religious Studies The University of North Carolina at Chapel Hill Thomas Farr Visiting Associate Professor Georgetown University David French Chief Executive (2003-09) Westminster Foundation for Democracy Graham E. Fuller Former Vice-Chair National Intelligence Council Marc Gopin Director of the Center for World Religions, Diplomacy and Conflict Resolution George Mason University Joseph K. Grieboski Chairman of the Board Institute on Religion and Public Policy Yvonne Haddad Professor of the History of Islam and Christian-Muslim Relations Center for Muslim-Christian Understanding Georgetown University Nader Hashemi Assistant Professor of Middle East and Islamic Politics Josef Korbel School of International Affairs University of Denver Neil Hicks International Policy Advisor Human Rights First Barbara Ibrahim Director, Gerhart Center for Civic Engagement and Philanthropy Cairo, Egypt Douglas M. Johnston President International Center for Religion & Diplomacy Jamil E. Jreisat Professor of Public Administration & Political Science University of South Florida Merve Kavakci-Islam Lecturer of International Relations George Washington University M. A. Muqtedar Khan Associate Professor University of Delaware Joseph N. Kickasola Professor of International Policy Regent University Mary Knight Visiting Scholar New York University Charles Kurzman Professor of Sociology University of North Carolina at Chapel Hill Howard LaFranchi Diplomatic Correspondent The Christian Science Monitor Joseph Loconte Associate Professor of History The King's College John McClaughry President, Institute for Liberty and Community Vermont Oliver McTernan Director, Forward Thinking UK Joseph V. Montville Program Director School for Conflict Analysis and Resolution George Mason University Siraj Mufti Director International Center for Peace and Justice Tucson, Arizona Sheila Musaji Editor The American Muslim Robert A. Pastor Co-Director, Center for Democracy and Election Management Professor of International Relations American University Ted Piccone Senior Fellow and Deputy Director Foreign Policy at Brookings Institute Angel Rabasa International Policy Analyst Rev. John C. Rankin President, Theological Education Institute (TEI), International Richard C. Rowson Vice President, Board of Directors Council for a Community of Democracies (CCD) Omid Safi Professor of Religious Studies, University of North Carolina Bob Schadler CSID Board Member Abdallah Schleifer CSID Board Member Professor Emeritus American University in Cairo Middle East Institute Timothy Samuel Shah Associate Director& Scholar in Residence Religious Freedom Project, Berkley Center for Religion, Peace & World Affairs, Georgetown University Emad El-Din Shahin Henry R. Luce Associate Professor University of Notre Dame Robert Shedinger Associate Professor of Religion Luther College David Smock Concerned Citizen Tamara Sonn Kenan Professor of Humanities College of William & Mary Philippa Strum Broeklundian Professor Emerita City University of New York Antony T. Sullivan Vice Chair Center for the Study of Islam and Democracy Nayereh Tohidi Professor in the Gender and Women's Studies California State University John Voll Professor of Islamic history Georgetown University Michael Wolfe Author William Zartman Jacob Blaustein Professor Emeritus School of Advanced International Studies The Johns Hopkins University cc: President Barack H. Obama, The White House Senator Joseph I. Lieberman Chairman (ID) (CT), Committee on Homeland Security and Governmental Affairs Senator Patrick J. Leahy, D-Vermont, the Senate Judiciary Committee Hon. Bennie G. Thompson (MS-2), Committee on Homeland Security Hon. John Conyers Jr., (D) Michigan, 14th, House Judiciary Committee Hon. Keith Ellison, (D) 5th District of Minnesota