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The Forum > Article Comments > A tale of three cases: reflections on rights protection > Comments

A tale of three cases: reflections on rights protection : Comments

By Stephen Keim, published 12/8/2008

The actions of governments in the fake war on terror have convinced many lawyers that a Human Rights Act is now needed in Australia

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Let's see if I've got this Hussain case right.

1. An Australian citizen travels overseas to study and on his return finds his passport has been cancelled by Alexander Downer.

2. He asks why and is told that ASIO has filed an adverse security assessment on him. ASIO declared that if Hussain travelled overseas he "might get involved" with people who would pose a risk to Australia's security or even to the security of a foreign country. There is no arrest and no charge are laid. He simply can't leave the country like every other Australian citizen.

3. When the citizen appeals to a Tribunal against the decision, the then attorney-general, Philip Ruddock, issues a certificate forbidding the disclosure of the ASIO assessment. His lawyers are told they can't see the material ASIO used to make its adverse finding. So one side did not get to see the other side’s evidence. Not only that, but Hussain's lawyers are told they can't be in the Tribunal to hear certain parts of the evidence.

4. The Tribunal says: "There is no evidence … to suggest that, if Mr Hussain is permitted to hold an Australian passport, he is likely to engage in military jihad type activities in Iraq. His relations with people who may hold extremist views appear innocent." http://www.smh.com.au/news/opinion/meanwhile-down-south-one-slips-past-the-keeper/2008/07/17/1216163057648.html?page=2

5. The Tribunal was in no position to test the evidence against Hussain.

6. Nevertheless, Hussain loses his appeal and his freedom to travel abroad.

7. The case goes to the full Federal Court which without being allowed to see the ASIO assessment and therefore unable to test the evidence, finds no fault with the Tribunal's behaviour presumably because it was not unlawful to do what ASIO and Ministers Downer and Ruddock did.

If those are the facts, we are in desperate need of a Charter of Rights to protect us against the secretive actions of ASIO and Ministers who set themselves up against democratic rights. It was Hussain this time. Who will be next?
Posted by Spikey, Tuesday, 12 August 2008 11:08:20 AM
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Aw Spikey - don't you know we don't need to have our rights explicitly protected by legislation, because ASIO never gets it wrong and Federal Ministers never make politically expedient decisions that trample all over the rights of citizens and/or residents?

Just ask Mohamed Haneef.
Posted by CJ Morgan, Tuesday, 12 August 2008 11:33:45 AM
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Haneef is the best known, but probably not the worst case. Try this:

http://www.news.com.au/story/0,23599,22748006-2,00.html

Its not the incidents themselves that worry me. They are bad, but perhaps there are times when they are justified. And if they aren't justified whoever overstepped the mark will be hammered by the voters - provided the electorate knows about them, and is free to discuss them. This is how democracy should work. You can't prevent people form making mistakes. You can just hold them accountable when they do.

But for this to happen there need to be a few unbending principles supporting our democracy. Freedom of speech. Transparency of government. Equality of everyone before the law (including ASIO). Right now these planks aren't part of our constitution. We appear to be relying on Judges reading them into existing laws. It says a lot for our Judges that they do this. But whatever is read in can be read out again by a different lot of Judges. It makes me very uncomfortable.
Posted by rstuart, Tuesday, 12 August 2008 12:28:24 PM
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ASIO ignored warning on three separate occasions by Jack Roche about the bali bomber, who had links to one of the september 11 WTC attacks "masterminds". Theoretically, ASIO could have prevented the WTC attacks had they investigated and passed on information about these calls. This is so serious it almost defies belief they are a trusted organisation.
Posted by Steel, Tuesday, 12 August 2008 2:18:31 PM
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I wonder if the author would like to see those who have created a fake war on 'climate change' charged for misleading the gullible!
Posted by runner, Tuesday, 12 August 2008 3:38:07 PM
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runner,

Be careful mate. ASIO might be plugged in to this!

On the other hand, YOU might be ASIO. Damn!
Posted by Spikey, Tuesday, 12 August 2008 3:49:43 PM
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