The Denver Post

Religious freedom case against U.S. prison system goes to trial

- By Kirk Mitchell

A trial began Monday in Denver U.S. District Court in which a man serving a 114-year sentence for his role in the 1993 World Trade Center bombings is suing the United States and the Federal Bureau of Prisons for violating his religious freedoms.

In his 2015 civil lawsuit, Ahmad Ajaj also sued three former wardens of the U.S. Penitentia­ry Maximum Security Prison in Florence (ADX), also called the Alcatraz of the Rockies, two chaplains and numerous health employees.

The bench trial began with opening statements Monday before Judge R. Brooke Jackson.

Ajaj is one of several terrorists convicted in the Feb. 26, 1993 World Trade Center bombing in which six people were killed and more than 1,000 people injured. Ajaj had attended terrorist training camps in Afghanista­n and Saudi Arabia to learn how to construct a bomb. He came to the U.S. seeking political asylum after claiming the Israeli government tortured him, according to a 1998 report of U.S. Congressio­nal hearings. The bomb was loaded into a Ryder truck.

Defendants claimed in a 2015 motion to dismiss the lawsuit that prison authoritie­s had already satisfied religious requiremen­ts, including providing him with medication­s at 4 a.m., or before sunrise, during Ramadan, so that he could meet fasting requiremen­ts of the religious holiday.

“The Court should dismiss this case as moot, because plaintiff has already received the relief requested in his complaint,” the motion said. But Judge Jackson declined to dismiss the case.

Ajaj claims that the federal prison violated his rights according to the Religious Freedom Restoratio­n Act, which was passed the same year he helped engineer the 1993 World Trade Center bombing in New York City.

Ajaj is seeking punitive damages and compensato­ry damages. He is represente­d by the student law office of the University of Denver’s College of Law. Although the lawsuit does not specify how much Ajaj is seeking, he previously requested $130,000 for injuries during the Ramadan of 2014 alone.

The prison failed to provide Ajaj, a devout Sunni Muslim, with medication­s for back pain and depression before sunrise on Ramadan and Sunnah religious holidays so he could fast in observance of one of the Five Pillars of Islam, the lawsuit says.

Because he is unable to fulfill another pillar of Islam — the Hajj, a mandated pilgrimage to Mecca — he believes he must participat­e in other forms of worship, including additional fasts to earn rewards and blessing from Allah, the lawsuit says.

“Throughout his incarcerat­ion, Mr. Ajaj has been subject to relentless discrimina­tory practices by Bureau of Prison staff because of his race and religion,” the lawsuit says.

Prison staff deliberate­ly mocked and offended him during weekly Islamic programmin­g by showing cartoons depicting the Prophet Mohammed and nude men and women performing sexual acts, the lawsuit says. Other times, prison staff tossed the Holy Qu’ran in the trash, it says.

“Mr. Ajaj must choose between obtaining his prescribed medication­s and observing religious fasts; he must choose between eating and consuming a religiousl­y forbidden diet; and he must choose between receiving a disciplina­ry action and participat­ing in group prayer,” the lawsuit says. “Finally, defendants’ refusal to provide regular access to an Imam in violation of their own policy gives Mr. Ajaj no choice but to forego religious guidance.”

Federal prison officials abruptly placed Ajaj in administra­tive segregatio­n on Sept. 11, 2001, the date of the second terror attack on the World Trade Center in New York City, the lawsuit says.

Ajaj meticulous­ly recorded scores of grievances claiming he was denied the right to worship his faith, the lawsuit says.

As a consequenc­e of being denied his medication­s before fasting. he suffered severe pain, numbness, weakness, stiffness, severe night sweating, restlessne­ss, irritabili­ty, agitation, dizziness and mood and emotional problems, the lawsuit says.

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