Military detains two Waikiki tourists

By Johnny Brannon
Advertiser Staff Writer

David Tavares was enjoying the sights of Waikiki with another visitor from Canada, snapping pictures and strolling down Kalakaua Avenue near Fort DeRussy, as tourists do every day.

David Tavares said his encounter with military police and the FBI was "very traumatic." Richard Ambo • The Honolulu Advertiser

"It was so hostile and demeaning, and it's really ruined my trip," said Tavares, 31. "It was very traumatic, and as a tourist in Hawai'i, you don't expect to be treated that way. I guess you have to go through that experience to really know how it feels," he said of what happened to him and his friend on Oct. 9.

Tavares said the only explanation the men received was that they "looked suspicious." Army Capt. Stacy Bathrick said the men were "detained due to suspicious activity in accordance with Army force protection procedures," which are very stringent and are meant to save lives.

The FBI said agents were called by the Army and had determined that the men posed no threat.

But Tavares said many other people had been in the same area, also taking pictures, and that he can't help but wonder if he and his friend were unfairly singled out merely because someone believed they were Arabs and therefore involved in terrorism.

That is a growing concern across the nation following the Sept. 11 East Coast terrorist attacks, said Brent White, legal director for Hawai'i's chapter of the American Civil Liberties Union.

"If someone is 'suspicious' because of their color, that's clearly not sufficient grounds to stop and question them," he said.

The ACLU has received no complaints about racial profiling in Hawai'i related to the terrorist attacks, White said. But others have clearly been detained under similar circumstances.

Six Indian employees of a cruise ship were detained by police two weeks ago, for example, after a security guard called a police tip line and reported that suspicious "Middle Eastern" men had been taking pictures around the downtown electrical power plant, on the waterfront near Aloha Tower. FBI and immigration agents questioned the men but determined they had done nothing wrong, police said.

The FBI said agents must investigate credible reports of suspicious activity in order to protect the public, but declined to say how many people had been detained or questioned in Hawai'i.

"The FBI has a duty to follow up on any reports of suspicious activity or individuals," said Dan Dzwilewski, special agent in charge of the FBI's Honolulu office. "However, the FBI is also committed to investigating hate crimes and will not tolerate violations of any individual's civil rights."

The agency is not currently looking into any hate crime cases in Hawai'i connected to the attacks, he said. Police declined to say how many telephone reports of suspicious activity they had received through a special tip line set up after the attacks, or to describe how officers had responded to tips.

White said he suspected many people do not know who to complain to if they feel they have been improperly detained and questioned by authorities. Others may simply believe they have no choice but to cooperate with any form of questioning, no matter how invasive or unfair.

"I think most people submit to this kind of profiling, unfortunately," he said. "I think there's a certain feeling in the community that you just have to submit to this kind of stuff."

White said another concern is that authorities will use concerns about terrorism to crack down on legal opposition to government policies and activities.

One O'ahu anti-war activist complained that FBI agents went to her house and asked her to supply information about people and groups in Hawai'i that espouse leftist views, he said.

People have the right to not answer such questions, and to have an attorney present during any questioning, White said. "The drawback, of course, is that if you don't answer questions, you become a target of suspicion."

Tavares said he and the other man who were stopped near Fort DeRussy cooperated with authorities and answered all questions because they had done nothing wrong and did not want to make the situation worse.

He said they were never thanked for their cooperation after they were cleared of suspicion, and received no apology for their hours of detention. He said it was chilling.

"The exact words of the FBI were, 'I'm finished with you now. The military will decide what to do with you.'" Tavares said. "At that point my heart dropped. I didn't know what would happen next."

In response to concerns about racial profiling after the terrorist attacks, the ACLU has prepared a brochure that explains in detail what rights people have if they are stopped by police, the FBI, or customs or immigration officials, White said.

Copies can be obtained by calling the ACLU at 522-5900. The organization also has a nationwide hotline to report racial profiling incidents: 1-877-6-PROFILE.

Reach Johnny Brannon at jbrannon@honoluluadvertiser.com or 535-2431.