Unprecedented use of power jeopardises fair trial
- Published on 25/07/2007
Amnesty International Australia is extremely concerned that the Federal Government's action to revoke the visa of Dr Mohamed Haneef, only hours after he was granted bail by a Brisbane magistrate, impacts on his right to a fair trial.
Dr Haneef has not been convicted of any crime. Minister Kevin Andrews has used his powers under the Migration Act regarding character assessment to revoke Dr Haneef's visa.
"This is a discretionary ministerial decision, which may have a significant impact on Dr Haneef's ability to seek a fair trial," said Amnesty International Australia's Nicole Bieske. "It is an unprecedented use of powers under the Migration Act, in the context of a terrorism trial."
Amnesty International Australia is further concerned at media reports that Dr Haneef is to be transferred to Villawood Detention Centre to await legal proceedings.
"We question plans to detain Dr Haneef in immigration detention in Sydney when his legal counsel is located in Brisbane," said Ms Bieske. "This certainly will not make it easy for him to prepare for the committal hearing on 31 August. This undermines Dr Haneef's right to adequate legal representation, already compromised by the provisions of Australia's anti-terror laws."
Comments
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Thanks for following up David. I’ve asked the Attorney General to agree to and fund a lawsuit against the crown allowing Dr Haneef to clear his name - see Archer-Shea (Winslow Boy) of the 1930’s. I’m not holding my breath.
comment by:
Tim Kottek
30/07/2007
10:25 AM
Indeed! And we can now be sure there will be more thinly veiled attacks on lawyers from this thoroughly discredited government, in the dying days of its hold on power (at least I hope fervently these are its last days).
As a doctor myself, I am glad that Dr Haneef has come out of this sorry debacle so well. One wonders how he is going to restore his good name or resume his career now that he has left the country. The Immigration Minister should be called to account.
Thank goodness there are still some principled lawyers in this country.
comment by:
Tim Kottek
29/07/2007
10:10 PM
Please write to the Attorney General Phillip Ruddock seeking the release of Dr Haneef and expressing your concern about the impact of the terror laws at:
PO Box 6022
House of Representatives
Parliament House
Canberra ACT 2600
E-mail: ag@ag.gov.au
Please also write to Dr Haneef expressing your regret at his plight at:
Wolston Correctional Centre
Richlands
Queensland 4077
Dr Haneef has been in detention since 2 July 2007. He was held without charge for twelve days. The only evidence found against him was that a SIM card belonging to him was found in the car that exploded at Glasgow airport. It has since been revealed that the SIM card was in fact found in Liverpool. It appears that the police no longer have sufficient evidence to hold Dr Haneef. He was granted bail on 16 July. However he continues to be held at Wolston Correction Centre in solitary confinement, only released from his cell for 1 hour per day for exercise. This is a shocking abuse of Haneef’s legal and human rights.
comment by:
Joanne Knight
25/07/2007
06:09 PM
Couldn’t agree with you more. On any social issues, human rights,or issues of conscience the Labour Party is a total and utter disappointment. Wish I was as sanguine as you about Ausstralians’ level of smartness. if we were smart how could we have put up with a regime like the Howard government for 11 years? I would emigrate to Canada or Britain if I was younger!!
It seems the Labor Party is also willing to put votes before principles. The coalition’s behaviour is predictable but I find Labor’s support for the government’s fear mongering even more disturbing. Hopefully, Australians are smart enough to see through them both and wise enough to know that the foundation of a fair legal system is the presumption of innocence. And hopefully they will vote accordingly.
Haven’t heard re AI’s comments on this in the media. Why not?
This is government action exactly akin to the Tampa children-overboard episode, where in an election year the government is seeking to appeal to the lowest elements in the electorate. The Immigration Minister’s refusal to answer questions and his only response being to keep reiterating his tired old refrain that he is acting in the best interests of Australia on secret information from the AFP is nauseating in the extreme. Why should we not believe the government is acting ONLY to shore up its faltering support in the electorate when they will not come clean about the real reasons for their actions in this matter? Dr Haneef’s rights are being comprehensively denied - Australia once had a reputation for observance of the rule of law and respect for human rights.
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