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Since its inception in 2002, KindHearts has spent millions of dollars on humanitarian efforts worldwide, its attorneys said, such as providing clean drinking water in Gaza, running a center for deaf and mute children in Lebanon, and supporting relief efforts for those affected by Hurricane Katrina.

But despite having what organization leaders and attorneys bill as strictly humanitarian goals, the Toledo-based Muslim charity has been labeled by the U.S. government as a possible supporter of terrorist groups, has had its assets frozen, and, in effect, has been shut down.

Yesterday, KindHearts for Charitable Humanitarian Development Inc. filed a lawsuit in U.S. District Court in Toledo, in what attorneys called the first challenge of the government process used in designating organizations as terrorist groups. Listed as defendants are U.S. Secretary of Treasury Henry Paulson, Adam Szubin, director of the Office of Foreign Assets Control, and Attorney General Michael Mukasey.

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READ : recently filed complaint and motions in U.S. District Court

The lawsuit asks that the freeze order on KindHearts’ assets be vacated so that the group can pay for its own defense. It also seeks for the court to declare the provision that allows funds to be frozen without explanation or review be ruled unconstitutional.

“Here you have a U.S. charity that has been frozen and shut down under the authority of a statute that has been historically applied to countries,” said Hina Shamsi, a staff attorney with the American Civil Liberties Union based in New York.

“All the elements of fairness that our system allows are missing here,” she said. “They’re being accused of something and given the vaguest reason based on secret evidence without giving them the opportunity to go before a neutral fact-finder.”

According to the 33-page lawsuit, the Office of Foreign Assets Control froze the assets of the nonprofit charity on Feb. 19, 2006. At the time, government officials cited the USA Patriot Act provision that authorizes assets to be frozen while an entity is investigated as a “Specially Designated Global Terrorist.”

Since freezing KindHearts’ funds, including about $1 million in bank accounts, the government had “provisionally determined” to designate the charity as a Specially Designated Global Terrorist.

Still, the group never officially was labeled with the terrorist designation, the lawsuit states. Yet, according to the complaint, the government has kept its assets frozen and has not given the group any meaningful way to challenge the possible designation.

Spokesmen from the U.S. Department of Justice and the U.S. Treasury Department said yesterday that they could not comment on pending litigation and that the government would respond appropriately in court.

Jihad Smaili, a representative of KindHearts, referred questions yesterday to attorneys.

To ensure that KindHearts is not designated as a terrorist organization prior to having its day in court, attorneys asked for a temporary restraining order to maintain the “status quo” until the judge can consider the merits of the case. Judge James Carr granted the request late yesterday.

“Our immediate concern was that we have come in and said, ‘What’s happened so far is unconstitutional. The freezing of assets is unconstitutional. Your provisional designation is illegal. You’re treating [the charity] like this is wrong’ ” local attorney Fritz Byers said. “What we did not want the government to do was designate [the charity] formally, which would have several effects, the effect of damaging [the charity] further by saying publicly that KindHearts is a terror organization.”

With the order in place, Ms. Shamsi added, the court will have the ability to review the “constitutional violation that the charity alleges.”

Ms. Shamsi said that the only explanation the KindHearts officers were given for why they were targeted is because of an alleged support of Hamas organizations. They were not told how the accusation originated or by whom, she said.

“This was an organization that provided humanitarian relief to victims of disaster at home and abroad,” Ms. Shamsi said. “The fact that it was shut down without any notice, not given an opportunity to respond, given no statement of reasons for the shutdown, and it has been in limbo for over 31 months shows the constitutional problems of a government having unfettered power.”

In the past, the government has cited national security in using secret evidence to freeze assets of charitable organizations. To date the courts have upheld the decisions.

More than 40 charitable organizations worldwide have been designated as supporters of terrorism since 2001, according the Department of Treasury.

Charity is a fundamental aspect of Islam, one that many local Muslims believe in, said Mahjabeen Islam, a Toledo physician and member of the Muslim community.

Called zakat, Islam has a system for donating for the benefit of the needy.
Since being identified in 2006, KindHearts has been stopped from accepting or donating any contributions.

“Zakat is a pillar of Islam. We have become very leery, we’re between the devil and the deep blue sea. We don’t know who to donate to,” Dr. Islam said. “Let [KindHearts] have their due process. Let them go through the relevant steps without having the little adjective of ‘Muslim’ attached. It doesn’t matter if they’re Muslim or Jewish or secular. Let them state their case and be judged.”

Toledo attorney Jim Adray agreed.

“The accused have the right to a speedy trial so they can deal with the allegations quickly and expeditiously, while memories are still fresh and intact and hopefully to prevent damage if one is accused falsely,” said Mr. Adray, who is Muslim. “Once an accusation is made, it’s very difficult to undo that accusation. And so you want to act with dispatch to get it resolved. The KindHearts people need to be given their day in court to see what’s there.”

In addition to an order releasing KindHearts’ funds for its legal defense, attorneys have asked in the lawsuit that the court rule that the government failed to provide the charity with “adequate process in connection with its ‘provisional’ designation” and order that the designation be barred from use until a “constitutionally adequate process is provided.”

“KindHearts had a very, very strong reputation before this happened. It donated millions in humanitarian aid, not just to refugee camps in the Middle East but to victims of Hurricane Katrina and aid to earthquake survivors in Pakistan. If KindHearts is vindicated, then there is a basis for it to recover,” Ms. Shamsi said.

Dr. S. Zaheer Hasan, a spokesman for the Islamic Center of Greater Toledo, called the United States a “country expected to act in fairness and justice,” both attributes that have brought many people to its shores. He added that Muslims are “optimistic” that the government will live up to the “principles of the founders of this country.”

“I certainly don’t support anybody who is dealing with violence or collecting money from the United States and supporting acts of violence against innocent people,” he said.

“On the other hand, if the government thinks a charity is supporting somebody it shouldn’t, our government has enough resources to investigate who’s helping whom and why.”

Contact Erica Blake at:eblake@theblade.com, or 419-213-2134.

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