I read an article recently detailing the story of one Rahinah Ibrahim, who was placed on a no-fly watchlist by the
American government and was thus not permitted to fly to Hawaii to deliver an
academic paper on architecture. Having committed no actions that would qualify
her for placement on that list, she underwent a 10-year legal battle against
the Department of Homeland Security to clear her name. Several times during
this process, the courtroom was cleared by the judge as per the requests of
government lawyers. Aside from trying to expose the error on the government
list, Rahinah’s case was that the government violated her right to due process
by placing her on the no-fly list without providing a reason when appealed for
one.
The government holds the right to “neither
confirm nor deny” the no-fly status of any individual, but they are not exempt
from the redress program through which people may file complaints. Rahinah had
a right under American law to appeal her status but was delayed on a number of
occasions by government attorneys who attempted to have her case dismissed.
Eventually the judge upheld Rahinah’s rights to due process and ruled in favor
of her case, causing her to be removed from the no-fly list.
In my opinion, Rahinah, being an American citizen, had the right to appeal
against the American government without fear of her case being arbitrarily delayed. As part of this country's system of checks and balances,
the upholding of this right to due process is a vital element of protecting
the individual freedoms upon which this country is built. Obviously the road to being taken off the no-flight list should involve some judicial scrutiny, but the careless approach of the federal government underscores the need for laws of redress and judicial review, as well as basic awareness of the country's citizens concerning these sorts of cases.
The article discussing Rahinah's story can be found here:
http://abcnews.go.com/US/rights-groups-air-concern-proposed-terrorist-watch-list/story?id=39995684
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