Untitled Document
Cyrus Kar is an aspiring documentary maker from Los Angeles
LOS ANGELES, July 5 - Like a lot of aspiring filmmakers in Los Angeles, Cyrus
Kar was obsessed with his project, a documentary about an ancient Persian king
who championed tolerance and human rights even as he built an empire that stretched
across the Near East.
But Mr. Kar, 44, a naturalized American born in Iran, followed his dream where
few others might have gone. In mid-May, he traveled to Iraq with an Iranian
cameraman to film archaeological sites around Babylon. After a taxi they were
in was stopped in Baghdad, the two men were arrested by Iraqi security forces,
who found what they suspected might be bomb parts in the vehicle.
Since then, Mr. Kar has been held in what his relatives and their lawyers describe
as a frightening netherworld of American military detention in Iraq - charged
with no crime but nonetheless unable to gain his freedom or even tell his family
where he is being held.
He is one of four men with dual American citizenship who have been detained
in Iraq beginning in April, a Defense Department official said. But none of
the others - all Iraqi-Americans suspected of ties to the insurgency - nor an
accused Jordanian-American terrorist operative captured in a raid last year
appear to have had anything like Mr. Kar's ties to the United States.
Mr. Kar, the son of an Iranian physician, came to the United States when he
was 2 and was raised partly in Utah and Washington State, where he played high
school football. He attended college in California, received a master's degree
in technology management from Pepperdine University, worked for years in Silicon
Valley and served in the United States Navy and the Naval Reserve.
Nonetheless, Mr. Kar's relatives and their lawyers said they had been utterly
stymied in trying to learn his fate despite repeated inquires at the Defense
Department, the Justice Department, the State Department, the allied forces
in Iraq and the offices of two United States senators.
Parvin Modarress posts a photograph in her nephew's apartment. She said an F.B.I. agent had told her Mr. Kar had been "cleared
The relatives said the only detailed information they had received came from
one of the F.B.I. agents who searched Mr. Kar's apartment in the Silver Lake
neighborhood of Los Angeles on May 23. They said that after analyzing his personal
files, computer drives and other materials, the agent, John D. Wilson, returned
the seized items on June 14 and assured them that that the F.B.I. had found
no reason to suspect Mr. Kar.
"He's cleared," one of Mr. Kar's aunts, Parvin Modarress of Los Angeles,
quoted Mr. Wilson as saying, "They were waiting for a lie-detector machine,
but they finally got it. He passed the lie-detector test."
M. Catherine Viray, a spokeswoman for the F.B.I.'s office here, said she could
not comment on either the bureau's investigation of Mr. Kar or Mr. Wilson's
conversations with his relatives.
A spokesman for the Defense Department, Lt. Col. John A. Skinner, said he could
not confirm that Mr. Kar was being held by American forces in Iraq, citing a
Pentagon policy against the disclosure of the names of detainees.
A Defense Department official who spoke on condition of anonymity because of
that Pentagon policy said Mr. Kar, his cameraman, Farshid Faraji, and a taxi
driver were arrested by Iraqi security forces in Baghdad on May 17, when a search
of the taxi turned up "dozens" of washing machine timers - devices
that Iraqi insurgents have used to make improvised explosive devices.
The three men were turned over to allied forces that the same day, the official
said, and have since been treated humanely and in accordance with United States
policy. All three men continue to be held in different American-run detention
facilities while their cases are investigated.
"Certainly there was enough information to merit the Iraqi security forces
detaining these individuals," the defense official said.
Lawyers from the American Civil Liberties Union of Southern California, who
are representing Mr. Kar's relatives, said they would file a lawsuit on Wednesday
in Federal District Court in Washington, accusing the government of holding
Mr. Kar in violation of American and international laws and seeking his release
through a writ of habeas corpus.
"Saddam Hussein has had more due process than Cyrus Kar," said Mark
Rosenbaum, the lead lawyer in the case. "This is a detention policy that
was drafted by Kafka."
Colonel Skinner, the Pentagon spokesman, said any American civilians detained
as a possible threat to the allied forces would eventually go before a board
of three American officers, who would assess their cases and decide what to
do with them. He said he did not know whether there was any specific time period
by which such a review would be done.
Materials taken and returned at the Los Angeles home of Cyrus Kar, a naturalized
American.
"We have absolutely no desire to hold anyone longer than is necessary,"
Colonel Skinner said. "But you can't be wrong, either. We are talking about
life-or-death issues. You have to absolutely be thorough."
Mr. Kar's sister, Anna, described her brother in a telephone interview from
Nairobi as "the last person who could ever be a threat." She said
her brother "really believed in Bush's foreign policy," adding, "He
believed sincerely that exporting American democracy would make the world a
better place."
Ms. Kar, who works for the International Committee of the Red Cross in Africa,
said she had discouraged her brother from going to Iraq and was pleasantly surprised
when she received a call on May 24 from a Red Cross colleague in Iraq, who said
she had just seen Mr. Kar.
"I said: 'Oh, great! What a coincidence that you met him over there,'
" Ms. Kar said. "Then she said, 'No, I just visited him - in detention.'
"
That visit, however, was about the only hard evidence Mr. Kar's family has
received about where or how he is held. He has made three brief, furtive telephone
calls to his relatives in Los Angeles, but has not told them anything more than
that he is being held "by the Americans" and that he fears for the
fate of his cameraman, from whom he was separated.
Mr. Kar's aunt, Ms. Modarress, said she had asked him in one of the calls if
he had been tortured.
"He said: 'Not now. At the beginning. Where I am now is like a country
club compared to where I was,' " she recounted.
The Defense Department official disputed that suggestion, saying, "We
have absolutely no indications of any mistreatment."
Anna Kar, Mr. Kar's sister, said she had spent some time with her brother in
Tehran, where their mother lives, about six weeks before he traveled into Iraq.
She warned him about the dangers of such a trip, she said, but her fears were
no match for his determination to complete filming for a documentary he had
been trying to make about the Persian ruler Cyrus the Great.
"He had always been a little ashamed of being Iranian," she said,
noting that the Iranian revolution and the American hostage crisis in Tehran
played out just as her brother finished high school.
"Especially in the Navy, he got a lot of racial slurs," she said.
"But reading about Cyrus the Great, he had felt a real sense of pride in
what he thought was the real Iran - this tolerant, benevolent empire. And he
started on this quest."
After growing up in the United States, Germany and Iran as the child of divorced
parents, Mr. Kar drifted for a while after high school, his sister said. He
enlisted in the Navy in 1983, partly to earn money for college, and served on
the aircraft carrier Ranger, relatives said.
Completing his obligation in 1986, relatives said, he became an American citizen
and graduated from San Jose State University in 1990 with a bachelor's degree
in marketing. He spent a decade working for technology companies in Silicon
Valley and moved to Los Angeles after the technology bubble burst in 2000.
Friends and relatives described him as devoutly eclectic: a liberal who strongly
supported the Bush administration's fight against terrorism; a vegetarian and
student of the Civil War; a man whose bedroom walls were draped with an American
flag and banners memorializing the reggae singer Bob Marley.
In 2002, documents in his files show, Mr. Kar began making contact with archeologists
and historians for what was initially to be a pamphlet on the Cyrus the Great,
a magnanimous ruler who is reviled as a pagan by some Islamic fundamentalists.
Later, with encouragement from Philippe Diaz, a longtime film director and producer
who was a friend of his sister's, Mr. Kar decided to make a documentary film.
"He was a first-time director, no question about it," said Mr. Diaz,
chairman of the independent film studio Cinema Libre, in an interview. "But
he was so determined."
Mr. Diaz said he had agreed to finance the postproduction costs of Mr. Kar's
film, which he was shooting on mini-DV format, and was helping him learn to
edit. He and others said Mr. Kar had shot perhaps 40 or 50 hours of tape, including
interviews with various scholars and footage of archaeological sites in Iran,
Afghanistan and Tajikistan - all of which he visited in the fall of 2004.
Filming in Babylon, the ancient city south of Baghdad that Cyrus the Great
conquered in 538 B.C., became Mr. Kar's final goal for the project.
"I didn't blame him for wanting to go," said Kamyar Abdi, an anthropologist
at Dartmouth College who toured archaeological sites in Iran with Mr. Kar last
year. "But I didn't think under the present circumstances that it was a
very good idea."