Review of anti-terrorism laws welcome, but some proposals are not acceptable
13 August 2009, 03:19PM
Amnesty International Australia welcomes the Federal Government’s review of counter-terrorism laws in the discussion paper released yesterday. We acknowledge the fundamental duty of all governments to protect the safety of their citizens, but believe that this should never come at the cost of human rights and the rule of law.
Amnesty International has long expressed its concerns about certain provisions of Australia’s counter terrorism laws introduced since 2002. In particular, we have been concerned about detention without charge, certain vaguely-worded terrorism offences that carry significant penalties, and the undermining of longstanding protections in our criminal justice system such as the presumption of innocence and the right to silence.
“The government’s discussion paper contains some proposed positive changes to the laws,” said Katie Wood, spokesperson for Amnesty International Australia. “However, we are very concerned about a number of other measures.”
Amnesty International welcomes, for example, the proposal to cap the amount of time that police can detain terror suspects, as well as the proposal to increase the oversight powers of the Inspector General of Security and Intelligence to include the Australian Federal Police.
We also welcome proposed legislation that provides for ongoing monitoring of anti-terrorism laws for their consistency with Australia’s international obligations, including human rights obligations.
However, while a cap has been proposed for the time suspects can be held without charge, Amnesty International believes that seven days detention without charge is still excessive and could amount to arbitrary detention.
Amnesty International is particularly concerned about the proposal to allow Australian Federal Police to search premises without a warrant when it is suspected that there is material relevant to a terrorism offence and there is a threat to public health or safety.
“The increased powers given under this proposal for police to enter premises without judicial oversight is very troubling,” said Katie Wood. “It is one more step in the removal of checks and balances in a system in which police and other agencies already have quite significant powers. Warrants can already be obtained speedily when there is imminent danger or a reasonable suspicion that a crime is about to be committed.”
As well, the expansion of the definition of a terrorist act to include psychological violence creates a new level of vagueness in laws already fraught with uncertainty. Certainty in the law is a fundamental principle for ensuring that the state cannot act arbitrarily against its citizens.
We also note that the preventative detention and control order legislation remains largely in place. These laws essentially create detention without charge or conviction. We reiterate our view that these powers do not meet international human rights standards.
Amnesty International Australia will be looking more closely at the discussion paper in preparing in our submission to the Government, which will include a detailed assessment of how the proposed amendments to the terrorism law measure up against international human rights principles.
Amnesty International believes that Australia currently does not have adequate safeguards for human rights, as we do not have a formal human rights act or similar law. Without such overarching protection, anti-terrorism legislation itself must not endanger or undermine human rights.
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