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323. With regard to the mention by the Special Rapporteur that in January 2003,
FBI Director Robert Mueller reportedly instituted a new policy directive to field
offices concerning the use of local mosques in setting goals for counter-terrorism
investigations and wiretaps, the Government indicated that, in early January 2003,
FBI headquarters asked its field offices to provide a range of demographic, statistical,
operational, and other information relating to international terrorism by responding to
a survey questionnaire. This was part of a broader effort to help the FBI develop a
more comprehensive and meaningful set of performance measures for field offices.
Out of dozens of questions in the survey, one asked the total number of mosques in
the area covered by each field office. This informational survey was intended simply
to gather facts on vulnerabilities. Information on mosques could not and would not be
used to measure the terrorist threat or to set investigative goals. Rather, the question
was designed to help paint a broad picture of local demographics and vulnerabilities
to terrorism. When combined with many other factors, such information can help
officials evaluate the relative potential for terrorism in different areas of the country
and also increase their awareness of the potential for hate crimes and other attacks
against Muslims and Arabs.
324. Following the events of 11 September, the Department of Justice's highest
priority is the detection and prevention of terrorism and the dismantling of terrorist
organizations and the entities that support them, while preserving its constitutional
liberties. The Government stressed that as it fights the war on terrorism, it does so
within a framework of justice that upholds its other crucial responsibilities. The
Department of Justice has vigorously protected civil rights. The FBI is fundamentally
opposed to racial or ethnic profiling of any kind. In fact, the FBI is responsible for
prosecuting individuals who commit hate crimes or otherwise violate the civil rights
of the American people. Since 11 September 2001, the FBI has swiftly and thoroughly
investigated more dm 360 vigilante attacks on Arab, Muslim, and Sikh Americans.
325. In conclusion, the Government stated that it values the diversity of its
population. Tolerance and respect for all peoples have been the foundation of
American society. The United States will continue to be steadfast in the fight against
racism, racial discrimination, xenophobia, and related intolerance, both at home and
abroad. As shown above, the Department of Justice, the FBI, the Equal Employment
Opportunity Commission and other federal, state, and local agencies are working
together to take tough measures to combat crimes and all forms of discrimination and
to ensure that all religious liberties remain protected.
Observations
326. The Special Rapporteur is grateful for the detailed reply sent by the
Government.
Uzbekistan
327. On 12 March 2004, the Special Rapporteur sent a communication to the
Government of Uzbekistan in relation to information received according to which
Uzbekistan was denying clergy access to death row prisoners, allegedly in violation of
the Uzbek Criminal Code, which specifically allows those sentenced to death to meet
a member of the clergy. Two death row prisoners, Yevgeni Gugnin and Vazgen