Posted by: bahadur977 July 1, 2004
In F.B.I., Innocent Detainee Found Unlikely Ally
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On Dec. 6, in a secret hearing room in the prison, she said, she watched him carried in by three burly officers of the Federal Bureau of Prisons, shackled so completely that he could not move. "He's tiny," she said. "His feet didn't even touch the floor." She said government immigration lawyers agreed that since her client had been cleared by the F.B.I., he would be permitted a "voluntary departure." She was instructed to buy him an airplane ticket to Katmandu through a deportation officer. She did, but the first departure date was canceled without explanation. Advertisement Meanwhile, like other "high interest" detainees, Mr. Bajracharya was still in solitary 23 hours a day. "After a month or two, I started to scream that I was going to die if I didn't talk to anybody," he later recalled. Ms. Cassin said she pleaded with the prison doctor to put him in the general prison population, but the doctor said he was crying so much he would cause a riot. Instead, on Dec. 11, a Muslim detainee was sent to share his tiny cell. Expecting his imminent departure, Ms. Cassin and Mr. Wynne tried to fulfill the detainee's most insistent request: to go home looking like a respectable person, not a criminal. An assistant warden agreed to accept a box labeled "release clothing," containing the good suit he had worn when he came to America. Shortly before Christmas, Mr. Wynne made a special trip to deliver it. But when Mr. Bajracharya was finally taken to the plane on Jan. 13, he was in shackles and an orange prison jumpsuit. "I wanted to wait for my clothes, at least the shoes and the jacket," he said, "but they took me by force." Mr. Bajracharya's accounts of mistreatment fit the pattern reported by the inspector general. A spokesman for the United States attorney's office in Brooklyn, Robert Nardoza, said the office recently declined to prosecute abuses detailed in the reports "mainly because all of the witnesses had been deported and were unavailable to be interviewed." Back in Nepal, which is riven by civil war, Mr. Bajracharya said he would be willing to testify against those who mistreated him if he were asked, though he fears what the government would do to him if he did so. Nonetheless, he remains grateful that he experienced America. "What happened to me could have been an isolated incident," he said. "I still believe the American government is the best in the world." Weeks after Mr. Bajracharya returned to Nepal, Mr. Wynne and Ms. Cassin managed to arrange delivery of his possessions by mail, including his camcorder. But when he tried to show his wife his travelogue of New York, all that remained on the tape was the pizzeria and the flower shop. Mr. Wynne, sounding a bit sheepish, allowed that he had "probably erased" the rest, thinking it might fall in the wrong hands. "Just an abundance of caution," he murmured.
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