DETROIT – The Livonia doctor at the center of the female genital mutilation case is due in court Tuesday as he fights to be released from federal custody while he awaits trial.
Dr. Fakhruddin Attar is charged with female genital mutilation and conspiracy, along with his wife, Farida Attar, and another doctor, Jumana Nagarwala, accused of helping perform the procedures. Several other employees were charged in connection with the illegal procedures.
All six defendants are due in court for a pretrial hearing.
Nagarwala had recently motioned for revocation of detention. Her motion was granted Tuesday and she will be released on a $4.5 million bond. Supporters are raising money to post her bond.
The defense made multiple attempts to try to make it appear the Attars had nothing to do with the so-called "cuttings." The Attars claimed it was Nagarwala who did the medical procedures and performed the "closely held and time-honored religious practice."
Female genital mutilation: What is it, cultural and social factors
Federal officials made their case by acknowledging they set up a full-scale surveillance on the doctors and the Burhani Medical Clinic in Livonia after receiving a tip about FGM. They even installed a live camera on a telephone pole outside the clinic.
Officials said for the past 12 years, Fakhruddin Attar allowed his clinics to host FGM procedures done by Nagarwala and assisted by his wife. They said they phoned and texted each other, telling each other to deny any FGM and plotting strategy.
MORE: FGM a serious problem in United States
Federal officials said one of the children picked Farida Attar and Nagarwala out of a picture lineup. One of the girls admitted she screamed in pain during the procedure and was told to be quiet about her so-called "girls' weekend."
Unprecedented charges
This case is unprecedented in the U.S. According to the United States code, "whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both."
Here are the Congressional Findings:
“(1) the practice of female genital mutilation is carried out by members of certain cultural and religious groups within the United States;
“(2) the practice of female genital mutilation often results in the occurrence of physical and psychological health effects that harm the women involved;
“(3) such mutilation infringes upon the guarantees of rights secured by Federal and State law, both statutory and constitutional;
“(4) the unique circumstances surrounding the practice of female genital mutilation place it beyond the ability of any single State or local jurisdiction to control;
“(5) the practice of female genital mutilation can be prohibited without abridging the exercise of any rights guaranteed under the first amendment to the Constitution or under any other law; and
“(6) Congress has the affirmative power under section 8 of article I, the necessary and proper clause, section 5 of the fourteenth Amendment, as well as under the treaty clause, to the Constitution to enact such legislation.”
MORE: Female genital mutilation a serious problem in United States
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