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Australia: Anti-terrorism Bill undermines basic civil liberties

16 November 2005, 11:52AM

The Australian Federal Government's Anti-terrorism Bill proposes radical new laws - only previously seen in Australia during times of declared war - that make innocent people vulnerable to imprisonment, according to Amnesty International Australia's submission to today's federal Senate Committee hearing on the Anti-terrorism Bill (No. 2) 2005.

Under the Bill's preventative detention and control orders powers, Australians can face imprisonment or severe restriction of their liberties without criminal charge - which amounts to a suspension or restriction of our basic human rights.

Freedom from arbitrary arrest and detention is a fundamental right contained in the International Covenant on Civil & Political Rights. It is a requirement of a system founded on important criminal justice protections such as the burden of proof, standard of proof and rules of evidence.

Amnesty International is opposed to any government detaining a person unless that person is charged and prosecuted for a recognisable criminal offence. It told the hearing that it is impossible to reconcile the fundamental notion of people in our community being presumed innocent when people can be detained without charge.

Amnesty International also maintains that one of the truly disconcerting features of the proposed legislation is that both control orders and preventative detention orders are to be clothed in secrecy, including cases relating to children.

While Amnesty International acknowledges the need for modified measures and sanctions to address terrorist violence since 9/11, Bali and the London bombings, it is opposed to draconian measures that show a disturbing willingness to ignore human rights standards and conventions.

Media interviews on Amnesty International Australia's submission to the Senate Committee hearing on the Anti-Terrorism Bill (No. 2) 2005 are available with Robert Toner SC or Nicole Bieske.

To arrange an interview, contact Debra Maynard at Amnesty International Australia on 0407 299 007 or (02) 9217 7610.

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