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Australia: New laws brutalise our human rights

1 December 2005, 10:18AM

Innocent people remain vulnerable to imprisonment under the AustralianGovernments radical new anti-terrorism laws, irrespective of abipartisan Senate committeeҒs 52 recommended changes, says AmnestyInternational Australia.

"The recommendations do not protect Australians' fundamental rightsbecause they fail to remove preventative detention and control ordersfrom the Anti-terrorism Bill," says Amnesty International Australia'sspokesperson, Robert Toner SC.

The new laws amount to a defacto new criminal law regime under whichpeople are subject to detention without charge or trial, house arrest,limited access to the outside world, and being prohibited from talkingabout their detention.

At serious risk are people's rights to the presumption of innocence andfreedom from arbitrary arrest and detention, which are importantprinciples of democracy and our own criminal justice system.

The committee's recommendations also fail to propose an adequate way tosafeguard a detainee's right to challenge their detention.

"We have only ever seen such serious incursions into Australians' civilliberties at times of declared war," says Robert Toner.

While the Senate committee's changes do little to bring the newlegislation in line with international human rights standards, AmnestyInternational Australia welcomes the committee's recommendation toremove the controversial sedition provisions, which undermine freespeech and carry a maximum sentence of seven years' imprisonment.

Also welcome is the request for a shorter five-year sunset clause on theanti-terrorism legislation to review the ongoing necessity for laws thatare universally opposed by the legal profession and human rightsorganisations.

To arrange an interview with Robert Toner SC, contact Debra Maynard atAmnesty International Australia on 0407 299 007.

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