Powers pave way for secret new world (Australia)

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Thu, 29 Sep 2005 01:02:28 -0700 (PDT)

Powers pave way for secret new world

 

 

 

 

http://smh.com.au/news/national/powers-pave-way-for-secret-new-world/2005/09/27/\

1127804477975.html?oneclick=true

 

 

The Sydney Morning Herald

 

 

 

Powers pave way for secret new world

By Marian Wilkinson

September 28, 2005

 

 

Secret detentions without charge, house arrests, even the possible

monitoring of lawyers - this is the brave new security world embraced

by Australia's leaders as a necessary evil in the fight against terrorism.

 

In Canberra yesterday the Prime Minister and state and territory

leaders faced the media, pleased with their results. They had, they

assured us, succeeded in getting the right balance between protecting

the country against terrorism and safeguarding civil liberties.

 

" We've proven that it is possible to get tougher laws on terror and at

the same time protect individual liberties, " said the Premier, Morris

Iemma.

 

But a line in the leaders' communique will no doubt unnerve many

Muslims. Suspects picked up for preventive detention will, as a

safeguard, be able to contact their family and their employer " solely

for the purposes of letting them know they are safe, but are not able

to be contacted for the time being " .

 

This detail, released hours after the news conference was over, was

the first hint that the sweeping new powers the leaders are giving the

police forces and ASIO will be exercised largely in secret.

 

A control order on a suspect that could put him or her under house

arrest for a year, without charge, without trial, and without criminal

standards of evidence, can be granted by a judge operating in a closed

court, under the proposals the premiers agreed to.

 

The leaders emphasised that the powers would be subject to " judicial

review " . But what this means is vague. The reviews will be limited and

probably conducted behind closed doors.

 

Detainees wanting to challenge a detention order may be advised to use

a lawyer cleared on security grounds by the government.

 

While suspects can know the reason for their detention, they may not

be able to know the evidence it is based on.

 

While the premiers were satisfied, the president of the Council for

Civil Liberties, Terry O'Gorman, calls it " mickey mouse " judicial

oversight. He calls such detentions " internment without charge " .

 

And while the leaders insist the laws will not single out Muslims,

many Australians, including the police, believe this is who the laws

are aimed at. This is also why the laws have overwhelming community

backing.

 

Yesterday the premiers and the Prime Minister repeatedly cited the

London bombings as justification for the new laws.

 

This was re-enforced by a high-level briefing on the domestic

terrorist threat from ASIO's new director-general, Paul O'Sullivan.

 

Ignored was a simple but telling reality: the London bombers were

" clean skins " who had escaped police notice altogether.