Showing posts with label unlawful. Show all posts
Showing posts with label unlawful. Show all posts

Friday, November 4, 2005

Govt yet to show proper need for anti-terrorism laws: former judge

A former senior judge has criticised the Federal Government's anti-terrorism legislation, saying it establishes a "secret regime".

Former Family Court chief justice Alistair Nicholson will outline his concerns at Melbourne University today.

Professor Nicholson does not believe the Government has demonstrated a proper need for the legislation.

He says some judges may refuse to sit to hear applications under the law, or may regard the legislation as unlawful.

Professor Nicholson says the bill is the antithesis of the rights and liberties of Australians.

"Had there been a bill of rights and had there been a bill of rights framework, the legislation would have had to be introduced within that framework," he said.

"I mean, I'm not saying that we don't need to take action against terrorists but what I'm saying is in effect we don't have to throw out the baby with the bath water and get rid of all of our rights and liberties as we do it.

[But the draconian laws are not about terrorists anyway! These laws are about using 'scapegoats' preferably Muslims, to help bolster 'support' and to 'quell dissent' for the 'Coaltion of the Killing's' resource wars in the Middle East.

The terrorists are running the country.]


Nicholson: "It just seems to me to be quite unacceptable to have this sort of secret regime that's set up under this legislation which involves perhaps to a greater degree than it previously did, judicial review but it's not a genuine judicial review, it doesn't carry with it rights of appeal, it's all done in secret."

By Alistair Nicholson posted 4 November 05

Related:

Nazi tones in John Howard's anti-terror laws, says Malcolm Fraser
FORMER Liberal prime minister Malcolm Fraser has suggested parts of the Howard Government's anti-terror package resemble measures taken by Adolf Hitler and says Kim Beazley's handling of opposition to the package should determine his leadership.

Arbitrary Detention and Magna Carta
Perhaps some rear-view vision may help you when considering the laws now being proposed regarding arbitrary detention. It is somewhat gratifying that international treaties are belatedly being cited as reasons to oppose this slide into dictatorship, but it is odd that no-one seems to remember what underpins our personal freedom here and the whole of our legal system.

Australia's 'Anti-Terrorism' Bill: the framework for a police state Over the past month, Prime Minister John Howard and the six Australian state premiers and two territory chief ministers have joined hands to draft draconian new laws that will erect the juridical scaffolding for a police-state. The Anti-Terrorism Bill 2005 is unprecedented in both its content and in the conspiratorial methods that have been employed to push it through the state and federal parliaments.

ASIO settle wrongful detention case out of court
On the first of November ASIO and the federal Government of Australia settled out of court with a couple whose house had been raided a couple weeks after the [US false flag] September 11 2001 attacks against the Pentagon and the World Trade Center towers in the USA.

The race that doesn't stop the nation
CANBERRA: And welcome to Canberra on the first Tuesday in November for the race that doesn't stop the nation. The Anti-Terrorism Cup. The final horses are being brought into the barriers, and we are almost ready for the start.

Constitution: Defending Against State Terror and Despots
Australia has no major laws that are not derivatives of English Law and all of our major laws rely on British court precedents for interpretation and implementation. These laws and our Constitutional Monarchy system create a situation where, even if Howard and all State Premiers vote unanimously on the Anti-Terrorist laws, and every ALP/Dem/Lib/Nat/Green party hack also votes unanimously on their laws, and even if such laws are given Royal Assent, those laws are still void.

Open Letter to Australian Senate
Every West Australian needs to take note of the proposed terror legislation that will be debated in the Senate next Tuesday. Our own Premier has sold us out, and the time has come for some serious and organised protest in WA to protect our democracy and civil liberties. Write to the Senate, to the papers, and to every political party. This is a fundamental issue that affects the future of our society.

$145,000 for false arrest in NSW
The lawyer - who has represented almost all Sydney's high-profile accused [alleged] terrorists, [scapegoats for the Coalition of the Killing's resource wars in the Middle East] including Mamdouh Habib - who was kidnapped and tortured and who successfully sued the state for wrongful arrest, malicious prosecution and false imprisonment.

Preventive Detention: A Shield or A Sword?
There is a consensus among educated Australians that Preventive Detention is inimical to the democratic evolution of our country. Many are those who argue that given the standards of our time preventive detention is an unnecessary evil.

What's the Difference Between CHINA and AUSTRALIA?
If John Howard's terror law comes into effect, what is the difference between China, and Australia? No rifle executions? I think it is time to approach the Governor General, to dissolve Parliament on the basis that the present Government is attempting to achieve Dictatorial Powers.

Cracks in terror solidarity
In remarks that are at odds with the Premier, Morris Iemma's determined support for the legislation, Mr Debus said yesterday: "I think I share the concern about the legislation with plenty of other people. I don't query that we need to have very tough responses to the threat of terrorism [actually though, the community do query it because the actual threat of terrorism is coming from the Government] and I don't query that the premiers have signed off on a framework last month.

Australian Prime Meanster 'tells' States?
Prime meanster john hoWARd's original pact with the states seems to have fallen into disarray because his new anti-liberty laws breach human rights obligations and the commonwealth constitution.

Anti-Terrorism Bill details draconian police-state plans
First and foremost, the legislation provides for extensive detention without charge or trial, on the flimsiest of pretexts. With no notice or legal hearing, any person can be thrown into secret "preventative detention" or placed, by a "control order," in isolation under house arrest.

Shoot to kill on the belief of reasonable grounds is a problem
Provisions in relation to use of force in s105.23 raise serious concerns. In particular subsection 105.23(2) specifically contemplates the use of lethal force against a detainee where an AFP member believes on reasonable grounds that this is necessary to protect life or to prevent serious injury to another person.

ASIO laws: Don't be silenced
The secrecy surrounding the proposed national anti-``terror'' legislation stands in stark contrast to previous ASIO and "anti-terror'' laws that have been subject to scrutiny by parliamentary committees and public hearings.

Brisbane Peace Convergence calls on Beattie to reject terror legislation changes The Brisbane Peace Convergence (BPC) are calling on Premier Peter Beattie to reject the Federal governments proposed amendments to anti-terror laws. The BPC consider the changes to pose a threat to fundamental rights in a democratic society, including life, liberty and democratic action.

How's this for sedition?
Edmund Burke, who declared the tyranny of bad laws, was a deep political thinker and a ferocious polemicist. In 1777, he wrote to the Sheriffs of Bristol that the true danger to freedom was when liberty was nibbled away, for expedience, and by parts.

Sydney Morning Herald Poll flawed
Sydney Morning Herald: "According to the latest Herald Poll, about three-quarters of voters think it is OK to lock up suspected terrorists [scapegoats for the Coalition of the Killings resource wars in the Middle East] without charge, put them under house arrest or shackle them with tracking devices."

SHOOT TO KILL MADNESS AND DRACONIAN LAWS
The Howard Government wants to give police executing preventative detention orders the power to shoot to kill. This is shoot to kill madness.

New anti-terror laws and the Muslim community
On 8 September the Prime Minister introduced a 12-point plan outlining new anti-terror laws [draconian laws to bolster support for John Howard's resource wars in the Middle East] in a press release. Two weeks later he went to the Council of Australian Governments meeting with the proposals. They approved the measures by and large.

Secret agents brief Bracks on 'seditious' protest
Australia: Melbourne: Thursday 20 October, 2005: A phalanx of "secret agents" delivered a written briefing to Premier Steve Bracks at Parliament House today to tip him off to potential "seditious activities" at a planned demonstration for civil liberties on Saturday.

Shoot-to-kill bluff
AUSTRALIA: federal labor leader kim sleazley has predicted the federal dictatorship will fail in its push for a shoot-to-kill policy to be included in its counter-terrorism laws.

Sedition Laws Target Peaceful Civil Disobedience
The new Sedition Laws in the anti-terror bills clearly target people who call for acts of non-violent civil disobedience. Under the laws there is no defence for calling for change to any law by anything other than lawful means. Penalty is up to seven years jail.

Stanhope flags doubts on 'hasty' terrorism bill
ACT Chief Minister Jon Stanhope says he may refuse to sign off on parts of the Federal Government's hasty terrorism bill. Mr Stanhope published a draft of the controversial laws [draconian laws] on his website on Friday and has refused to take it down despite a directive from the Federal Government.

Despoja: Stanhope hero of the hour
Natasha Stott Despoja has described Mr Stanhope as the "hero of the hour". Senator Despoja says there is meant to be a vote on the draft legislation in the week beginning November 7.

Stanhope stands his ground
Stanhope: It is bizarre to think legislation of this significance can be rushed into Parliament without consulting a single Australian.

Anti-terrorism laws inquiry 'too short'
Australia: The Opposition says the inquiry effectively gives senators just one day to examine the bills. Labor's homeland security spokesman, Arch Bevis, says the inquiry will be unable to scrutinise whether the legislation provides a balance between security and civil rights.

Australia: Draconian laws draw rights watchdog's ire
Human Rights Watch has condemned Australia's proposed anti-terrorism laws as a "shocking departure" from its historical championing of the rights of the individual.

Dissent Isn't Taken Lightly Down Under
Historian Michael Foley said during times of war pacifists often get mugged. As a nonviolent activist working to end the war in Iraq and the corporate war profiteering that comes with it, September 2005 has been the most surreal time of my life and I definitely feel like I got mugged by Australian Attorney General Phillip Ruddock and the Australian government.

Australia: Rattling the cage
Recently, the federal government announced a controversial new 'counter-terrorism' package. Civil libertarians were quick to raise the spectre of a police state . Yet Muslim groups argued that the new security regime is already having an impact on the democratic freedoms and everyday safety of their communities.

AUSTRALIA: MUSLIMS SOLD OUT!
Hand picked alleged Australian Muslim leaders are being used to cut their own throats the same as the hand picked Indigenous mob have been used by the John HoWARd Government to screw ATSIC.

Anti-terrorism laws put rights at risk: Fraser
Former prime minister Malcolm Fraser says Australians could be treated unfairly under the Government's anti-terrorism [draconian] laws unless a human rights act is introduced.

Stop the war on civil liberties!
Prime Minister John Howard is using the "war on terror" to promote widespread fear about "terrorists" and "terrorism" in Australia. This is despite the fact that the biggest act of terror being committed today is being carried out by foreign troops, including Australia's, in occupied Iraq.

Spots and Stripes
It is well known that John Howard, infamous lackey and liar, is devoid of anything that could be remotely regarded as masculine or manly; the draconian measures he has implemented to 'secure' Australia against the terrorist bogeyman are astounding.

They know where you live
Twenty-four hours after the country's leaders agreed to draconian counter-terrorism laws this week, the Attorney-General, Philip Ruddock, was playing down media claims that ASIO believed there were 800 would-be suicide bombers living in Australia.

When Terrorism Outlaws Democracy
On September 27, 2005, Australian democracy surrendered to terrorism. On that day, a coalition of willing federal and state leaders agreed to anti-terrorism legislation that will enable police persecution of the Muslim community and threaten dissidents with imprisonment. In a country without a Bill of Rights, the prospect of more draconian Terror Laws delivers ultimate control through fear. Australia, with its history of penal colonies, racism and detention centers, is now set to become a police state.

Evans: moderate threat
Evans doubts reports that 800 potential terrorists are living in Australia.

No! Your Rights Australia
You have the right to not remain silent.

800 people deemed a potential security risk?
As reported in the Australian today, ASIO has apparently identified up to 800 people deemed a potential security risk. Ruddock says the draconian COAG measures "deal with people who pose a risk to the safety and security of the Australian community." Hmmm, like detained and deported US peace activist Scott Parkin perhaps? What is this broad definition of a "Terrorist"?

Democrat Will Oppose Anti-Terrorism Laws
NSW Democrat MLC, Dr Arthur Chesterfield-Evans, has accused the Premier, Mr Morris Iemma, of selling out to John Howard after agreeing to new 'Anti-Terrorism' laws yesterday. Dr Chesterfield-Evans said the proposed laws agreed to by Morris Iemma will not work.

Mein Kampf by John Howard
Months before Bali Au warships were seen invading Iraqi territorial waters in deliberate provocations under American protection. It was obvious that Howard had decided before Bali to join in an illegal and aggressive invasion of Iraq and in fact , when that happened, it was led by Au stormtroopers BEFORE the ultimatum given Baghdad had even run out!

Collection of Terrorists Meet to Take Away Our Rights
Tomorrow (27th of September) the State Premiers and the Federal Government are meeting to conspire to strip Australians of their rights. Welcome to the brave new world of electronic tagging and "preventative" detention.

Tell Your State Premier: Don't Do Ruddock's Dirty Work
Over the past several years, the Howard government has passed a series of dangerous new laws. These laws have undermined our basic legal and democratic rights.

Australian government unveils legal framework for police state
In the lead-up to his September 27 "counter-terrorism summit" with the eight Australian state and territory leaders, Prime Minister John Howard last week unveiled a package of legislation that goes well beyond the already deep inroads made into essential civil liberties under the fraudulent banner of the "war on terrorism..."

Australia: Counter-liberty plans unveiled
AUSTRALIA: VIC: BLACK Hawk helicopters and fighter jets will patrol Melbourne's skies during the Commonwealth Games next March, as part of counter-terror measures outlined today.

John H.o.W.A.R.d line roars at Fascism Week
AUSTRALIA: Parody: (Rooters) - While Attorney General Phillip Duddock helped wrap up a US protester for Prime Meanster, John HoWARd during Australia's Fascism Week after a 5 day detention debut and the removal of Mr Scott Parkin a peace activist who was deported back to Houston, Texas. The h.o.W.A.R.d fascism line, adding a dash of despotism to a week of largely draconian styles.

Parkin charged $11,700 for detention and removal
Los Angeles Friday, 16 September, 2005 : American peace activist Scott Parkin arrived back in the US today, escorted by 2 Australian immigration officials. He is expected to arrive in Houson, Texas on a Continental Airlines flight at around 3pm AEST.

Government out of control on security: Wilkie
Australia: Canberra Thursday, 15 September, 2005 : Former intelligence analyst Andrew Wilkie today staunchly defended US peace activist and teacher, Scott Parkin, saying that the government's national security agenda is out of control.

Australia, USA, Iraq: Scott Parkin
The rapid and widespread response to the detention of US peace and global justice activist, Scott Parkin, has been heartening and effective on many levels. Actions have taken place in Melbourne, Sydney, Brisbane, Cairns and outside several Australian Consulates in the United States.

Peace Activist Agrees to be removed but challenges security review
ATTENTION: CHIEFS OF STAFF - IMMIGRATION REPORTERS - LEGAL REPORTERS

Australia's fascist ideal: Proof
Philip Ruddock, Federal Attorney General to Australian, hopes to eclipse the neo-cons of the US in the race toward the fascist ideal of social uniformity and control (oppression).

Anti-War Extremists Loyal to Scott
What can I say to someone like Scott Parkin? Sorry mate, to get a PEACE prize in this country you need to be drop dead sexy, go-tees are out - you gotta go. Peace Prize.

US Peace Activist to be Deported
Scott Parkin, a Texas based peace activist was detained by Federal police at approximately midday Saturday. He was en route to give a workshop about the progress and success of the peace movement in the US and companies profiting from the Iraq war.

Howard government threatens academic freedom
As Peter McGregor noted in GLW #639, I recently resigned in protest from a committee of the federal government's National Health and Medical Research Committee (NHMRC) and called for a boycott by academics of government committees generally.

'Different times' call for bill of rights, says QC'
To ensure no future government can erode basic human rights. Lex Lasry, QC, gave last night's key note address at the University of Western Australia's annual Day of Ideas.

Australia: a little dab will do ya .....
Reflections on the phoney, hypocritical "values" debate being promoted by the federal government, as part of its proscriptive program to emasculate our democracy.

Government warned Terror Laws "inherently dangerous, draconian and open to misuse" John North, Law Council of Australia: "In times of fear, it is easy for governments to impose ever (more) draconian laws."

Fishing expedition pays off
A man whose home was targeted by ASIO in fishing raids this year is facing fraud charges along with a co-accused who is linked to firearms offences.

The Terrorism of ASIO Laws
Wanda Fish asks Australian Senators to reject Howard's proposal to strengthen laws that already erode our basic legal rights. This legislation has the potential to turn ASIO agents into terrorists who can kidnap and detain innocent Australians simply because they "might know something".

Terrorgraph not quiet on 'Aussie militant' probe
AFP refuses to comment on investigation into militant video: hoWARd's abc.

Phillip Duddock's 'accent' heard in militant broadcast
Australian/Arab television has broadcast a video showing a masked militant with an apparent Australian accent criticising British Prime Minister tony bliar over Iraq.

HICKS: Not a Happy Birthday!
AUSTRALIA/CUBA/US :David Hicks, the Australian imprisoned at the US Base of Guantanamo Bay, will be 30 years old this coming Monday August 7, 2005.

GetUp! Stand Up! Stand Up For Your Rights!
Because of you, something exciting happened in our democracy last week. From every corner of the country, more than 20,000 emails were sent to the Coalition Senators. Our message was simple: now you have control of the Senate, we will be holding you to account. Thousands of you added personal messages to your representatives about the issues you care about.

Australia: We're Living In A War Zone
Prime Minister john hoWARd and his cronies have now placed us in a war-zone moving defence capabilities to Australia's south-east coast.

All the alleged terrorists are Muslims
The Australian Federal Police (AFP) commissioner mick keelty, a well know propagandist and liar, now claims that 60 Islamic extremists are operating in Australia and they are not news to the police and intelligence agencies.

All the wicked witches in Pakistan?
Pakistani authorities say 800 suspected militants [scapegoates and patsies] have been arrested in raids following the deadly London [false flag operation] bombings, as Islamic groups protest a move to expel 1,400 foreign students.

It's just not cricket: Khan
The perception in the West remained that somehow Islam was connected to militarism and terrorism, that all Muslims believe that all suicide bombers go straight to heaven. No one mentioned that before [false flag operations of] 9/11 70 per cent of suicide bombings in the world were committed by the Tamil Tigers in Sri Lanka, who were Hindus.

Lawyer dismisses ASIO fishing raids as PR stunt
Fascist federal Police (AFP) and ASIO officers conducted more raids in Melbourne and Sydney yesterday but the publicity surrounding the raids has been dismissed as a public relations exercise by the Melbourne lawyer for an accused terrorist.

Howard off to US, UK - part 5
PART-5- PRIME minister john hoWARd will meet US president george w buSHIT, British prime minister tony blair and queen 'imperialism' herself during a 10-day visit to the United States and the UK next month.

hoWARd, ruddock, ellison, keelty and news ltd plotted chaos
AUSTRALIA/CUBA: Government and corporate propaganda agencies 'believe' they have foiled an attack on the Melbourne Stock Exchange by a radical Islamic network linked to a covert group, which has carried out surveillance on key Sydney sites.

Houses raided over 'possible' political attack plans?
ASIO have raided a number of properties in Melbourne on a 'fishing expedition' in relation to a 'possible' political scare campaign by the hoWARd government, playing on the fears of all Australians... again!

Is this our most dangerous Newspaper?
The Daily Terrorist should be managed with manacles and flown into Siberia via a jumbo jet tomorrow amid fears government fascists may attempt to use them again on someone else.

HOSTAGES OF THE WAR ON TERROR
This forum will bring together legal representatives and victims of counter-terror, along with justice campaigners and organisations in order to share strategies for achieving justice for these men and the many other like them.

WAR ON TERROR, WAR ON HUMAN RIGHTS: AMNESTY
The Canterbury-Bankstown Peace Group & the Justice for Hicks & Habib Campaign welcome the statement by Amnesty International Secretary General Irene Khan, condemning the US Administration for condoning torture and the suppression of 'human rights' in their 'war on terror'.

Murdoch's war on truth in war reporting
People who remain to be convinced that cross-media laws are important to maintaining the fabric of our democracy need look no further than today's page one of The Daily Telegraph.

Chomsky signs on for justice
Noam Chomsky has signed the Justice for Jack campaign petition which calls on the Australian Attorney General Philip Ruddock and Director of Public Prosecutions to "drop any charges reliant on records of interviews conducted under duress without the presence of a lawyer."

If he'd been given his passport he'd be a free man
A Sydney man [scapegoat in the Coalition of the Killings resource wars in the Middle East] has been found not guilty of preparing for a terrorist attack on a Commonwealth building [ruling class propaganda.]

Trial by unrelated video clips
Should alleged terrorist suspects [scapegoats for the resource wars in the Middle East] be shown on television side-by side-'terrorist training camp film clips' gathered by the government and media archives to give the wrong impression of accused people facing trial?

Accused Australian Citizen 'denied passport in 2002'?
AN AUSTRALIAN CITIZEN who was refused a passport by DFAT in mid-2002 became frustrated at the government for treating him differently.

Court should be told Gov't using 'Jack'!
A Melbourne court should have been told a man accused of working for Al Qaeda is being used by the fascist Australian Government as a pawn in their leverage to win support for their illegal and degrading activities.

Noble Cause Torture?
AUSTRALIA: The Labor Party has decided not to support a Senate inquiry into new allegations made by Mamdouh Habib that the Australian Government cooperated with Egyptian intelligence authorities who he insists tortured him.

New account adds weight to interrogation claims
Australia/Cuba/Iraq: The fascist Federal Government is under further pressure today because Australians were involved in the interrogation of tortured Iraqi prisoners.

Australian senate accused govt of war crimes
Did you hear the one about David Hicks and Mamdouh Habib having a Barbeque in Afghanistan with Bin Laden? Yeah it was reported on Channel Seven's Sunrise this morning! But they don't know if it was a sheep or a goat, but sources say it was most likely a goat.

DPP to appeal innocent man's bail
The Commonwealth Director of Public Prosecutions (DPP) will seek to have an innocent Melbourne man Joseph 'Jack' Thomas, returned to isolation in custody?

Fascist Australian Govt torture exposed
The fascist Federal Government has been exposed for the torture of Australian Mamdouh Habib and the US Government's allegations against him (if they were true) would have been made under duress.

Innocent witch verballed by federal fascists!
Shame on the federal fascists. The wicked old witch is dead! A Melbourne Magistrates Court has heard that a 31-year-old innocent Victorian man was facing terrorism charges?

Lawyer blames police for Habib break-in
John HoWARd, Alexander Downer, Phillip Ruddock, Robert Hill, to name just a few....HOW DO YOU PLEAD?

No reason for Habib to sell story: Beazley?
Federal Agreement Leader Kim Beazley is a well-paid loser. A loser who supposed to be defending our democratic rights by standing up to the HoWARd Government's fascism.

Australia: a presumption of guilt......
KAREN PERCY: Two of Australia's leading barristers have seized on the return of Guantanamo Bay detainee, Mamdouh Habib, to launch an unprecedented attack on the Federal Attorney General, Philip Ruddock.

Aust Community criticises Govt for 'crimes'!
Australia: The Law Council of Australia is warning that the Federal Government must learn from its mistakes over Guantanamo Bay? Now that's a mistake!

Australian Govt Guilty of Crimes: Community
Australia: The community says federal fascists who allowed the torture of its citizenry including Mamdouh Habib may be arrested when the United Nations War Crimes Tribunal address the War Crimes Indictment set out by the community.

What they did to Habib
Mamdouh Habib was the victim of atrocities fit for a concentration camp, including being tied to the ground while a prostitute menstruated on him, his lawyer said yesterday.

Innocent witch verballed by federal fascists!
Shame on the federal fascists. The wicked old witch is dead! A Melbourne Magistrates Court has heard that a 31-year-old innocent Victorian man was facing terrorism charges?

Innocent Victorian man held in custody for Xmas?!
Lawyers have argued the case against Mr Thomas was weak and based on a statement he made in Pakistan without a lawyer present and therefore unlawful.

Innocent Melbourne man makes second bail bid
Rubish, just plain propaganda, fear-mongering, draconian nonsence from the HoWARd goverment's war agenda stink tank.

MPs to review spy agency powers
Australian spy agency ASIO'S controversial powers to detain and question suspected terrorists [scapegoats for HoWARd's resource wars] will be re-examined by a parliamentary committee. Parliament passed the new counter-terrorism powers in July last year.

Goulburn Jail breaches UN standards
NSW: Greens MP Lee Rhiannon has called on Justice Minister John Hatzistergos to bring Goulburn Jail's Maximum Security Wing into line with United Nations standards, after a prison inmate's covert survey of his fellow inmates revealed problems with rehabilitation programs and basic amenities.

Lodhi toilet paper: crap!
He is facing nine charges and is accused of planning a major terrorist attack on Sydney defence sites and the electricity grid using downloads off the internet and having 100 rolls of toilet paper to wipe his arse after low level bombs and farts.

Community seeks more power to interrogate ASIO suspects
Greens Senator Bob Brown does not think increased police powers are necessary. "We have enormous powers for surveillance, apprehension or punishment of people who are engaged in or intending to engage in or thinking about being engaged in terrorist acts in this country," he said.

Greens warn of 'politicised' terror trials
AUSTRALIA/CUBA?: The Australian Greens say they are concerned that new anti-terrorism laws being debated in the Senate allow for the "political black-banning" of defence lawyers at terrorism trials.

Melbourne man charged over ASIO links
ASIO a know Australian terrorist organization is verballing the community again...about allegations that a man, while living overseas, received funds from Al Qaeda and had close association with the members of the terrorist group.

DING DONG! THE WITCH IS DEAD
A court has been told Joseph Thomas is a sleeper? ZZZ! Melbourne Australia: A court has been told that Osama bin Laden asked a Melbourne man to become a "sleeper" in Australia before undertaking activities for the Al Qaeda network? Munchkins: "Ding Dong! The Witch is dead. Which old Witch? The Wicked Witch! Ding Dong! The Wicked Witch is dead."

AFP: The unlikely CRIMINAL
It was born of a bombing and it made its name after a far more devastating act of terrorism. But for most of the 25 years in between, little was known about the Australian Federal Police force or the work it did.

Australian Federal Government complicity in war crimes
Complaint to Australian law officers about Australian Federal Government complicity in war crimes.

There is no justification for torture
In the weeks since the abuses at Abu Ghraib prison were revealed, evidence continues to seep out of similar mistreatment of prisoners in other US military detention centers in Iraq, Afghanistan, and Guantanamo Bay.

Howard rejects spy agency overhaul
Prime Minister John Howard has played down the need for a major overhaul of Australia's spy agencies as a result of an inquiry by former intelligence officer Phillip Flood.

Mamdouh Habib: Taunted and Tortured!
Four Corners [Walls]: Terrorist - or Taunted by the Australian Defence Force who sacked him as a cleaning contractor? Who is Mamdouh Habib? And why was he harassed by the Australian Federal Police? Then tagged and labelled as a spy? Why was he vilified by the community? When he fled to Pakistan how did he end up being tortured in Egypt? And how did he end up at Guantanamo prison camp reserved for the men America calls "the worst of the worst.

He was an undercover agent for the blues
He was my journalist, he was working undercover. The fellow knew all of the moves.... He really had me romping, bare footing stomping. He just kept igniting my fuse....

Up there Khasali: Innocent man new bail laws
The New South Wales Supreme Court has asked innocent man Bilal Khazal to increase to amount of surety offered, before the bail is formally continued.

HEY! BIG BROTHER? LET INNOCENT PEOPLE GO!
Young men terrorised, tortured, and threatened with charges for no crime by Australia mate the lucky country. Lucky if you're not used for Howard's FEDERAL ELECTION and George Dubya's WAR ON LIBERTY! Who shot liberty? IGNORANCE!

Ul-Haque 'the man who wants to become a doctor'
The taskforce is investigating French man Willie Brigitte, who was tipped back home for a visa breach. Allegedly the Un-Australian Newspaper claimed he also attended training camps before his six-month stay in Sydney. Police have not alleged Mr Ul-Haque knew Brigitte. The Un-Australian just mentioned it because they are 'you guessed it' up John Howard's butt and they like the USA want 'you guessed it' our Federal Government. Well Yankee go home!

Brain injury for suspicion 'inhumane'
Faheem Khalid Lodhi refused bail by a Sydney court and remanded until June in hell at the (HARM-U) High Risk Management Unit at Goulburn. While he is in there he will receive a brain injury and is likely to self-harm due to the gross violation of living standards.

Keelty foresees more terrorism
Australian Federal Police (AFP) Commissioner Mick Keelty says terrorist groups will continue to find new ways to threaten countries.

Daily Terror rolled-over for Howard's war games
The DAILY TERROR is suspected of being the source of the news this morning that Willie Brigitte is a terrorist and that Sydney faces a bomb attack.

Lawyer claims Al Qaeda suspect's evidence tainted!
Before returning to Australia last year, Thomas was arrested and held in custody for five months by Pakistani authorities before being released without charge.

Man terrorised by ASIO remanded in 'AA' isolation!
A Victorian man has been remanded in custody after being charged with terrorism offences, including having links to Al Qaeda?

Ruddock foreshadows new terrorism laws
The new laws will allow police to access emails and mobile phone SMS messages, enable wider use of surveillance devices, and protect sensitive national security information during terrorism trials.

Islamic movement denies links to Al Qaeda
The Islamic Youth Movement has denied having any links to Al Qaeda and says it is considering legal action against the Four Corners program. In a statement released early this morning, the group rejects allegations it is helping coordinate any kind of terrorist network inside Australia and says it is being unfairly targeted.

2nd Renaissance -10 The War on Witches [150]
In 1484, Pope Innocent VIII issued a Papal Bull that became the rationale for establishing the Inquisition in Germany. The following excerpt from the Bull sets out the official view of the danger of witches to the community. The Bull and this this passage provided the sole excuse for the torture and cruel executions that were, ultimately, to be the fate of up to fifty percent of the population of some villages.

Tuesday, March 8, 2005

Detention Centres, Solitary Confinement

3. Vanstone's former COS confirms illegal solitary confinement

On Friday night the NSW Council for Civil Liberties awarded Sydney solicitor John Marsden honorary life membership. Julian Burnside was invited to make the speech in Marsden's honour. In the course of his speech, Burnside referred to the unregulated use of solitary confinement in Australia's immigration detention centres, criticising it as inhumane and also as unlawful.

The speech went down well, but one person took him on afterwards, while guests got on with their dinner. Andrew Kirk, currently senior advisor to Joe Hockey, but until recently chief of staff in Amanda Vanstone's Immigration Department, told Burnside that he was wrong.

A fairly lively debate between the two followed, in which Kirk conceded that solitary confinement is used as punishment in detention centres, that punishment without the order of a court breaches the constitutional separation of powers; that use of solitary confinement as punishment is unlawful, but that they would keep on doing it until a court told them to stop.

Later in the evening, Burnside had to get up and present the award to Marsden. He took the opportunity to tell the 350 guests, point by point, what Kirk had said. He then invited Kirk to contradict him if Kirk disagreed with the summary of their conversation. Kirk said nothing.

We have known for years that solitary confinement is used in detention centres. The government has always been cagey about it, preferring to call it 'separation detention'. Now we have a clear, public admission of systematic conduct by the department which not only breaches international conventions, but which the department knows is illegal.

Australia's "GITMO" System
Australia's "GITMO" System In June 2002 on the PM program on ABC radio, PHILIP RUDDOCK is quoted as saying: "Well, let me just say, detention centres are not prisons. They are administrative detention.

By Crikey posted 8 March 05

Ed: Quote:"punishment without the order of a court breaches the constitutional separation of powers; that use of solitary confinement as punishment is unlawful, but that they would keep on doing it until a court told them to stop." Unquote:

Prisoners are also sent to prison for punishment not to be punished in solitary confinement. Why is that also not unlawful? The fact that solitary confinement causes self harm and mental illness is human rights abuse and unlawful.

Related:

Australian Detention Centres

MP urges asylum seekers' release
A federal Coalition MP has called for the release of all asylum seekers being held in immigration detention centres.

Rau ordeal a raw deal
Ms Rau spent time in a Queensland prison and a hospital before being handed to immigration authorities who kept her in detention for another four months.

Australian held in Baxter detention centre
It has been revealed an Australian resident has been locked up in Baxter Detention Centre in South Australia for the past four months. Authorities had been unable to establish her identity since she was found wandering in far north Queensland last September.

Lawyers want Baxter detainee released for treatment !
Lawyers acting for a hunger-striking detainee inside South Australia's Baxter detention centre have asked the Federal Court to order a psychiatric assessment for the man, saying he needs to be in mental health care, not detention.

Baxter protesters 'being denied water, sleep'?
One of the three Iranian men has been on the roof of the gymnasium since Sunday last week, with two others joining him on Tuesday.

Detainees urged to abandon rooftop protest!
Kathy Verran from Rural Australians for Refugees, says one of the men has since come down and has been taken into the management unit. [solitary confinement for Xmas?]

Advocates warn of detention centre riot risk
A prominent refugee advocate warns South Australia's Baxter Detention Centre is on the brink of a major riot. A protest involving about 25 male detainees broke out at the centre on Tuesday, over a new system which is delaying the process of dispensing medication to detainees.

Villawood detainees go on hunger strike
A refugee advocacy group says up to 200 detainees at the Villawood Detention Centre, in Sydney, have begun a hunger strike to draw attention to their situation ahead of the federal election.

Afghan children lose High Court battle against detention
Lawyers have lost their constitutional challenge to the detention of four children at a South Australian immigration centre. Four siblings from Afghanistan, aged between seven and 15, have been in detention since they arrived in Australia in 2001.

Australia's "GITMO" System
Australia's "GITMO" System In June 2002 on the PM program on ABC radio, PHILIP RUDDOCK is quoted as saying: "Well, let me just say, detention centres are not prisons. They are administrative detention.

Senior cleric damns Baxter as 'disgraceful'
A senior world religious figure has called on the Federal Government to scrap its mandatory detention policy after visiting the Baxter detention centre in South Australia's north.

Detention centre media ban criticised
The Howard Government has been criticised in a report by media freedom advocate Reporters Without Borders for stopping journalists covering the conditions in refugee detention centres.

Baxter detainee continues hunger strike
A detainee at the Baxter detention centre near Port Augusta in South Australia has been on a hunger strike for a week. Sri Lankan Zeldon Daggie, 23, says he has been detained since arriving in Australia four years ago.

Democrats to keep up pressure over asylum seekers
The Australian Democrats will maintain their pressure on the next federal government over Australia's treatment of asylum seekers, if the party can retain its strength in the Senate.

Australian Mentally Ill Prisoners in Solitary Confinement

Mental Health Tribunal recommendations on forensic inmates
Below is the answer we have received from the Minister for Health regarding prisoners recommended for parole or release by the Mental Health Tribunal FYI.

Isolation, psychiatric treatment and prisoner' control
The 2003 NSW Corrections Health Service (now Justice Health) Report on Mental Illness Among NSW Prisoners states that the 12 month prevalence of any psychiatric disorder in prison is 74%, compared to 22% in the general community, and while this includes substance disorder the high rate cannot be attributed to that alone.

Australian Prisoners in Solitary Confinement

The prison system requires assiduous oversight
As NSW Attorney General Bob Debus noted in 1996: "The kinds of complaints which occur in the system may seem trivial to outsiders but in the superheated world of the prison, such issues can produce explosive results."

Crime and Punishment
Mark Findlay argues that the present psychological approach to prison programs is increasing the likelihood of re-offending and the threat to community safety.

Goulburn Jail breaches UN standards
NSW: Greens MP Lee Rhiannon has called on Justice Minister John Hatzistergos to bring Goulburn Jail's Maximum Security Wing into line with United Nations standards, after a prison inmate's covert survey of his fellow inmates revealed problems with rehabilitation programs and basic amenities.

Where the Norm is Not the Norm: HARM-U
In the absence of public policy, this paper is an attempt to shine a light through the rhetoric and test for coherency in the policy and function of NSW’s only supermax prison, the High Risk Management Unit. Its present use will be compared with the ‘vision’ flogged by the Premier and the Department of Corrective Services (the Department) at its inception in 2001.

Justice Denied In NSW Corrective Services
There used to be a (VJ) or Visiting Justice who would go into the prison and judge any claim or accusation that was made by any prisoner or prison guard. If it were found that a prisoner had offended then punishment was metered out.

Prisoner Abuse Not Just in Iraq
The shocking revelations of abuse of prisoners by US prison guards in Iraq have been denounced by politicians around the world, including our own Prime Minister.

Conditions in the HRMU
Justice Action is trying to obtain documents on behalf of prisoners held in the Goulburn High Risk Management Unit (HRMU) from the Federal Attorney General's Department, Corrective Services Minister's Conference regarding the process described below, in which the Standard Guidelines for Corrections in Australia were adopted. This documentation will help explain the justification for the conditions in the HRMU.

A TOTAL ABUSE OF POWER
We the prisoners at the High Risk Management Unit at Goulburn Correctional Centre would like to ask you for help in receiving equal treatment and opportunities as other prisoners throughout the system. As we are told that we are not in a segregation unit but we are treated as though we are in one.

On the treatment of prisoners at the NSW HRMU
Prisoners sister's letter from her brother: Following our phone conversation some weeks ago I would like to set out a few points on the treatment of prisoners in the High Risk Management Unit at Goulburn (Super Max) (Guantanamo Bay).

Escape proof but not so the prisoners mind
Fewer prisoners escape from prison these days because they're "cemented in" by materials that do not break and by legislation that can keep prisoners in jail until they die.

Watchdogs slaughtered in NSW
On Tuesday the Carr Government reduced transparency and accountability yet again and New South Wales is in danger of becoming entrenched with cronyism and intimidations with the Carr Labor Government that continues to slaughter the watchdogs.

High Risk Management Unit (HRMU) INSPECTION
The Special Care Unit (SCU) at Long Bay Correctional Centre was inspired by Barlinnie. The SCU was opened in 1981 to replace the Observation Unit, which was strongly criticised by the Nagle Report. The SCU was closed in 1997 because of lack of record-keeping which could give a measure of effectiveness.

Carr's Castle the real story H.R.M.U.The High Risk Management Unit Goulburn Correctional Centre. A prisoner writes, " I was unsuccessful in my letters to Dr Matthews CEO of the Corrections Health Service on my problem regarding air - claustrophobic effect the cells have on me. Just recently the management decided my injuries are not seriously affecting me so no further discussions are necessary.

Friday, February 4, 2005

Australian held in Baxter detention centre

It has been revealed an Australian resident has been locked up in Baxter Detention Centre in South Australia for the past four months. Authorities had been unable to establish her identity since she was found wandering in far north Queensland last September.

The young woman, who refugee advocates claim suffers from a mental illness, has been released.

It is understood she is being flown to Adelaide.

Immigration Department spokesman Andrew Gavin says the woman's identity has now been confirmed.

"A woman who had been in immigration detention at Baxter has been identified as a permanent resident of Australia and arrangements are being made to reunite her with her family here," he said.

"She's no longer in immigration detention and she's being cared for at the moment by state authorities."

Mr Gavin says the department made extensive efforts to establish the woman's identity.

"She was located by police in another state and presented to us as being a possible unlawful non-citizen," he said.

"She had no identifying documents and spoke both another language and English and also provided conflicting personal details.

"The department went to great lengths in Australia and overseas to identify her."

'Reprehensible' treatment

Labor's immigration spokesman, Laurie Ferguson, says the treatment of the woman is reprehensible.

"You would wonder whether every person that for some reason wanders around with difficulties and doesn't have identification on them, whether the Government just all of a sudden assumes that they're an illegal or an over-stayer," he said.

"I don't know why that's prima facie the case."


By Just Us 4 February 05

Lawyers want Baxter detainee released for treatment !
Lawyers acting for a hunger-striking detainee inside South Australia's Baxter detention centre have asked the Federal Court to order a psychiatric assessment for the man, saying he needs to be in mental health care, not detention.

Baxter protesters 'being denied water, sleep'?
One of the three Iranian men has been on the roof of the gymnasium since Sunday last week, with two others joining him on Tuesday.

Detainees urged to abandon rooftop protest!
Kathy Verran from Rural Australians for Refugees, says one of the men has since come down and has been taken into the management unit. [solitary confinement for Xmas?]

Advocates warn of detention centre riot risk
A prominent refugee advocate warns South Australia's Baxter Detention Centre is on the brink of a major riot. A protest involving about 25 male detainees broke out at the centre on Tuesday, over a new system which is delaying the process of dispensing medication to detainees.

Villawood detainees go on hunger strike
A refugee advocacy group says up to 200 detainees at the Villawood Detention Centre, in Sydney, have begun a hunger strike to draw attention to their situation ahead of the federal election.

Afghan children lose High Court battle against detention
Lawyers have lost their constitutional challenge to the detention of four children at a South Australian immigration centre. Four siblings from Afghanistan, aged between seven and 15, have been in detention since they arrived in Australia in 2001.

Australia's "GITMO" System
Australia's "GITMO" System In June 2002 on the PM program on ABC radio, PHILIP RUDDOCK is quoted as saying: "Well, let me just say, detention centres are not prisons. They are administrative detention.

Senior cleric damns Baxter as 'disgraceful'
A senior world religious figure has called on the Federal Government to scrap its mandatory detention policy after visiting the Baxter detention centre in South Australia's north.

Detention centre media ban criticised
The Howard Government has been criticised in a report by media freedom advocate Reporters Without Borders for stopping journalists covering the conditions in refugee detention centres.

Baxter detainee continues hunger strike
A detainee at the Baxter detention centre near Port Augusta in South Australia has been on a hunger strike for a week. Sri Lankan Zeldon Daggie, 23, says he has been detained since arriving in Australia four years ago.

Democrats to keep up pressure over asylum seekers
The Australian Democrats will maintain their pressure on the next federal government over Australia's treatment of asylum seekers, if the party can retain its strength in the Senate.

Monday, January 31, 2005

Unlawful Parole Considerations

Probation and Parole Officers fulfill an important role within the criminal justice system by supervising, managing and providing assistance to offenders on conditional liberty?

To: NSW Parole Board, Department of Corrective Services and the Carr Government

The NSW Parole Board and the Department of Corrective Services are acting in breach of sentencing law principles, and managing offenders contrary to Judge imposed sentences.

The Department of Corrective Services is managing the writer as a sex offender even though I am not lawfully serving a sentence for a sex related offence. I have been refused release to parole since April 2003 because I have not admitted guilt to a sexual offence that the sentence for expired in April 2000.

In 1993 I was sentenced to a set of 7 year fixed term of imprisonment for a sexual assault of a 19 year-old female. That sentence was imposed from 1 May 1993 and expired on 30 April 2000. I was further sentenced to a set of 3 year minimum terms of imprisonment with additional terms of 4 years for robbery whilst armed offences. That sentence was imposed from 30 April 2000 and to expire on 30 April 2007. The two sets of sentences are cumulative and the sole non-parole period was imposed for the robbery whilst armed offences.

Pursuant to a policy of the Department of Corrective Services I am being managed as a sex offender and being refused parole based on the sexual offence long after such a sentence has expired. In all parole considerations thus far not once has the Parole Board referred to the robbery whilst armed offences even though the sole parole period was imposed for such offences.

The department policy that permits this is the 'Guidelines for the Protection of Victims of Abuse and the Management of Sex Offenders'. This policy conflicts with sentencing law principles and with imposed sentences. The sentencing laws do not contain any provisions to hold offenders accountable for an offence after such a sentence has expired. The said departmental policy is in breach of sentencing law principles and could be seen to override statute law because it does hold people accountable for an offence after such a sentence has expired.

The totality principle as expressed by the Sentencing Judge was that I to serve lengthy time in prison, i.e. at lest 10 years. As of 30 April 2005 I've been in prison for 12 years. Regardless of the totality principal the sentence for the sexual offence was a fixed term and expired in April 2000. My guilt or innocence for the sexual offence is irrelevant because the sentence for that offence has long expired. I am not a repeat offender in the sense that I have no priors for sexual or robbery type offences.

The Carr Government should ensure that the Parole Board and the Department of Corrective Services acts in accordance with sentencing law principles and with imposed sentences.

The Carr Government has been contacted in this regard a number of occasions but the Premier and the Minister for Justice, Mr Carr and The Hon J Hatzistergos respectively, are not interested and refuse to take any action.

I have advised the Parole Board and the Carr Government that if the Parole Board continues to consider the sexual offence relevant for a parole order that I will refuse parole if granted on principle and will therefore be released with no parole or supervision after 14 years at the expiry of the full term.

I argue that it cannot be in the public's best interest to have offenders released at the expiry of their full terms with no parole supervision, especially long-term inmates like myself. On the other hand it is in the public's interest to release offenders under parole supervision regardless of the type of offence and whether or not the offender has admitted guilt.

The Parole Board is in breach of their Duty-of-Care owed to the public by not ensuring supervised release of offender, such as myself. Because of the Car Government's non-action in this case the Government seems to support and sanction the Parole Board's unlawful actions and failures to the public's duty-of-Care.

The Parole Board and the Carr Government must be held to account and must answer for this situation.


By John D. McCallum 31 January 05

Related:

Australia

NSW Parole Board and the Politics of NSW Prisons
I refer to my complaints that the Parole Board and the Department of Corrective Services are acting contrary to imposed sentences and sentencing law principles.

Prison boom will prove a social bust
Hardened criminals are not filling NSW's prisons - the mentally ill and socially disadvantaged are, writes Eileen Baldry.

The prison system requires assiduous oversight
As NSW Attorney General Bob Debus noted in 1996: "The kinds of complaints which occur in the system may seem trivial to outsiders but in the superheated world of the prison, such issues can produce explosive results."

Crime and Punishment
Mark Findlay argues that the present psychological approach to prison programs is increasing the likelihood of re-offending and the threat to community safety.

Government justice not personal justice
Mr Brett Collins of Justice Action said, "Victims should be looked after properly by implementing restorative justice measures and victims should be compensated for their pain and suffering. " However prisoners are entitled to serve their sentences in peace and privacy as well."

Carr Govt dramatic increases in the NSW prisoner pop...
Following the opening of the 500 bed Kempsey prison, and a new 200-bed prison for women at Windsor the Council of Social Service of NSW (NCOSS) and community organisations specialising in the rehabilitation of prisoners, have expressed concern....

New Zealand

More jails will create more crime says expert
NZ: Once a world leader in restorative justice, New Zealand is regressing by locking more people up for longer, visiting expert Sir Charles Pollard says.

USA

US Challenges of Parole Denials rejected
The California Supreme Court decided Monday to limit sharply the ability of inmates to challenge parole denials, ruling that the parole board has the right to keep a convict in prison simply because of the nature of the crime that sent him there.

New Strategies for Curbing Recidivism
US: State and federal lawmakers are finally realizing that controlling prison costs means controlling recidivism - by helping newly released people establish viable lives once they get out of jail.

Prison System Fails Women, Study Says
State policies designed for violent men make female offenders' rehabilitation difficult, an oversight panel finds. "If we fail to intervene effectively in the lives of these women and their children now, California will pay the cost for generations to come," said Commissioner Teddie Ray, chairwoman of the subcommittee that produced the report.

Restorative Justice and the Law
To acquire knowledge, one must study; but to acquire wisdom, one must observe."-- Marilyn vos Savant.

Restorative Justice Practices
Restorative Justice Practices of Native American, First Nation and Other Indigenous People of North America. This is part one in a series of articles about restorative justice practices of Native American, First Nation and other indigenous people of North America. The series is not intended to be all-inclusive, but rather a broad thematic overview. A related eForum article, "The Wet'suwet'en Unlocking Aboriginal Justice Program: Restorative Practices in British Columbia, Canada," can be read at:

The Long Trail to Apology
Native America: All manner of unusual things can happen in Washington in an election year, but few seem so refreshing as a proposed official apology from the federal government to American Indians - the first ever - for the "violence, maltreatment and neglect" inflicted upon the tribes for centuries.


England and Wales


Winning goals: Rethinking Crime and Punishment
I would reallocate resources within the prison service budget to give a higher priority to rehabilitation, retraining for future employment, and an improvement in literacy standards. During my own prison journey I was struck by the astoundingly high levels of illiteracy among prisoners. Tests show that about a third of all prisoners read and write at skill levels below those of 11-year-old schoolchildren.

London police may moor prison ship on Thames
UK: The London police are holding discussions about possibly mooring a prison ship on the River Thames in a bid to ease pressure on the spiralling prisoner population.

Prisons accused of ignoring age trend
UK: A 70-year-old prisoner who uses a wheelchair has to pay "unofficial helpers" six chocolate bars a week to help him get around and to collect his meals, according to an investigation by the chief inspector of prisons into the growing number of elderly inmates.

Thursday, November 4, 2004

Lawyers hail 'unlawful' ruling in Guantanamo trial

Human rights groups and lawyers for Guantanamo detainees, [prisoners], have welcomed a US federal judge's ruling which halted as unlawful the military tribunal trial of a Guantanamo prisoner accused of being, [US demon], Osama bin Laden's bodyguard and driver.

The US Justice Department has criticised the ruling, which is seen as a major setback for the, war criminal, Bush administration, and vowed to appeal immediately.

Human rights group Amnesty International USA said, "This ruling rightly demolishes the Bush administration's argument that the Geneva Conventions did not universally apply to prisoners detained in Afghanistan".

Michael Ratner of the New York-based Centre for Constitutional Rights, which represents a number of Guantanamo prisoners, said, "We are thrilled by this ruling".

"Military commissions were a bad idea and an embarrassment."

More than 500 people are being held at the Guantanamo prison, detained during the 2001 invasion of Afghanistan and in other operations in the US resource wars.

The military commission has already started proceedings against Adelaide man Mr David Hicks.

Mr Mamdouh Habib from Sydney is also expected to face trial.


US District Judge James Robertson rejected the Bush administration's request to dismiss the lawsuit by Salim Ahmed Hamdan of Yemen.

The judge ruled the trial could not proceed until a decision has been made on whether the accused is a prisoner-of-war under the Geneva Conventions, and until the rules are changed so he can see the evidence against him and be present at all proceedings.

The ruling led to an immediate halt in the proceedings by the tribunal at Guantanamo Bay.

The tribunals, formally called a military commission, at the US Navy base in Cuba, were authorised by war criminal, President George W Bush after the CIA false flag, September 11, 2001 Reichstag, but have been criticised by human rights groups and some military lawyers as being fundamentally unfair to defendants.

Judge Robertson ruled that until a competent tribunal determines that Hamdan is not entitled to prisoner-of-war status, he may be tried for the offences only by court-martial under the US military system.

The US government has taken the position that Guantanamo detainees, [prisoners], are "enemy combatants" and are not entitled to the protections normally given to prisoners of war.

"No proper determination has been made that Hamdan is an offender triable by military tribunal under the law of war," Judge Robertson wrote.

Hamdan's trial would be unlawful until the tribunal's rule permitting his exclusion from proceedings and the withholding of evidence from him is amended to be consistent with the military system, Judge Robertson ruled.

"Hamdan's right to be present at every phase of his trial and to see all the evidence admitted against him is of immediate ... concern," Judge Robertson said.

"For example, testimony may be received from a confidential informant, and Hamdan will not be permitted to hear the testimony, see the witness's face or learn his name," he said.

The presiding officer of the military commissions at Guantanamo Bay, war criminal militant, Colonel Peter Brownback, suspended the hearings indefinitely after the ruling, a spokesman for the commissions said.

"Colonel Brownback called an indefinite recess," said Major Lee Reynolds in a telephone interview from the US Naval Base at Guantanamo.

"We are going through the ruling now to determine what it means."

Judge Reynolds said lawyers were taking up motions for Hamdan when Col Brownback got word of the ruling and called a halt to proceedings.

Hamdan was in the courtroom at the time.

"Right now the ruling just applies to him (Hamdan) but it will probably have greater implications," Militant Reynolds said.

Justice Department spokesman Mark Corallo said, "We vigorously disagree with the court's decision, and will seek an emergency stay of the ruling and immediately appeal."

"By conferring protected legal status under the Geneva Conventions on members of Al Qaeda, the judge has put terrorism on the same legal footing as legitimate methods of waging war," said Mr Corallo.

[Because the alleged members of US fictional demon Al Qaeda are not the terrorists. The terrorists are the Coalition of the Killing's resource war's in the Middle East. Those war criminals with pre-war plans, who committed the 911 false flag Reichstag, subsequent pre-emptive war crimes on the Sovereign Nations of Afghanistan and Iraq, occupations, genocide, maiming, rendition to secret prisons and torture.]

"The Constitution entrusts to the President the responsibility to safeguard the nation's security," said the Justice department spokesman. [? How about the nations greed!]

"The Department of Justice will continue to defend the President's ability and authority under the Constitution to fulfill that duty. [War crimes against all of humanity!]

"The process struck down by the district court today was carefully crafted to protect America from terrorists while affording those charged with violations of the laws of war with fair process, and the department will make every effort to have this process restored through appeal."

[Just plain rubbish and propaganda.]

By Just Us 9 November 04

Related:

Hicks's lawyers seek panel decision
Lawyers for Australian Guantanamo Bay detainee David Hicks will make another attempt to dismiss charges against their client in a series of motions hearings starting in Cuba today.

Torture, the British way
Great to be British, isn't it? Time was, we were really uptight, but now we can talk about anything - sex, religion, politics. No matter how personal and complex the subject, we'll discuss it with Richard and Judy, or slap our private Polaroids of it on our websites. Which leaves me puzzled about our silence, even shyness, over this whole torture thing.

US secretly moved prisoners out of Iraq for questioning: report
The CIA has secretly transferred detainees out of Iraq for interrogation after asking the US Justice Department to write a memo justifying the practice, which violates the Geneva Conventions.

Pentagon dumps Guantanamo tribunal officers
The Pentagon has dumped three members of a military tribunal that will hear the trials of Guantanamo prisoners, including Australian David Hicks, but kept the presiding officer despite challenges to his impartiality.

Guantanamo detainees win right for private meetings
In a defeat for the US Government, a federal judge has ruled that three prisoners held at the naval base at Guantanamo Bay in Cuba can meet with their attorneys in private. In a defeat.

Lawyers complain about Guantanamo trials
US: Lawyers for 63 detainees at the US detention camp at Guantanamo Bay, Cuba have complained before a US federal court at the slow pace their cases are being handled by authorities.

US accused of breaching international law
The United States is violating international law by holding prisoners in its war on terror, [The Coalition of the Killing's resource war's in the Middle East], incommunicado and in secret hiding places, Human Rights Watch said in a report to be published on Tuesday calling for an end to such practices.

Bush criminals 'knew of abuse' at Guantanamo
Evidence of prisoner abuse and possible war crimes at Guantanamo Bay reached the highest levels of the Bush administration as early as autumn 2002, but, [war criminal], Donald Rumsfeld, the defence, [war], secretary, chose to do nothing about it, according to a new investigation.

BREAKTHROUGH AS DFAT TAKES STEPS FOR GUANTANAMO BAY POSTAL VOTE As the electoral rolls closed, the Australian Department of Foreign Affairs and Trade (DFAT) confirmed that they have faxed, [tortured prisoners], David Hicks and Mamdouh Habib, [scapegoats for the Coalition of the Killing's resource war's in the Middle East], postal vote application forms, Australian Greens Member for Cunningham Michael Organ said.

Hicks, Habib denied a fair go: Amnesty
The secretary-general of Amnesty International has criticised the Federal Government's treatment of the two Australians detained at Guantanamo Bay.

Govt's Hicks concerns an 'election stunt', says Brown
Greens Senator Bob Brown has accused the Federal Government of an election stunt with its questions to the United States authorities about the trial of "Australian Citizen" David Hicks.

Abu Ghraib inquiry slams Aust Government
A US inquiry into the Iraqi prison abuse scandal has been highly critical of Australian, Major George O'Kane, for glossing over early warnings about the treatment of detainees.

US Tortured Iraqi Resistance: Report
A US army general has acknowledged for the first time that US forces tortured Iraqis at the Abu Ghraib jail and his report said a colonel, who headed the military, [and alleged], intelligence unit at the prison, could face criminal charges. "It's a harsh word, and in some instances, unfortunately, I think it was appropriate here. There were a few instances where torture was being used". [? a few?]

Hicks family arrives at Kangaroo Caught
Terry Hicks, father of prisoner David Hicks, used as a scapegoat for the Coalition of the Killing' Resource war's in the Middle East.

Habib's call renews welfare concerns
Waiting: Maha Habib has spoken to her husband for the first time in two-and-a-half years.

Hicks defence team likely to gain more time
The head of the military trials planned for two Australians held at Guantanamo Bay says he believes their defence teams will be given whatever additional time they need to prepare for trial.

Hicks, Habib denied natural justice: Liberal MP
A federal Liberal MP has accused the Government of not doing enough to secure a fair trial for Guantanamo Bay detainees, David Hicks and Mamdouh Habib.

Iraqi Women in the Occupation Prisons As Material and Means of Violations It is important to say at the beginning that there are many psychological, social and cultural obstacles for Iraqi women to talk openly about what they actually went through inside the occupation prisons.

Mamdouh Habib: Taunted and Tortured!
Habib came to ASIO's notice when he fell out with the ADF obviously someone had it in for Mamdouh and the ADF tipped off ASIO and the AFP to taunt him. By the sounds of it he was declared a wog. That's Aussie slang for get the bastard he's not one of ours and we can discriminate against him he is an easy target. Aussie race hate!

A blow for freedom
The supreme court ruling that Guantanamo Bay prisoners can challenge their detention, [imprisonment], in the US is almost certain to lead to hundreds being released, says Conor Gearty,

Mossad agents Killing Oz Tourists Steal their Identity to use in terror opps The fugitive Israeli Mossad intelligence agent Zev Barkan has been dealing with Asian criminal gangs to obtain Australian and other passports stolen from Australians Killed in Asia, a New Zealand security official has said.

Mr Habib to face US military trial
The, [despotic], United States Government has given the go-ahead for the Australian Guantanamo Bay inmate, [prisoner], Mr Mamdouh Habib, to go to trial for being innocent. Mr Habib could now be granted access to a military and civilian legal team.

US tortured Habib in Egypt: report
Australian terror suspect Mamdoub Habib was allegedly tortured in Egypt before being sent to Guantanamo Bay in Cuba, according to the Pakistani Government.

Hicks movie to premiere in Adelaide
A movie about Guantanamo Bay detainee, [prisoner], David Hicks, President versus David Hicks, by award winning filmmaker Curtis Levy will be screened in Adelaide tomorrow.

There is no justification for torture
In the weeks since the abuses at Abu Ghraib prison were revealed, evidence continues to seep out of similar mistreatment of prisoners in other US military detention, [torture], centers in Iraq, Afghanistan, and Guantanamo Bay.

US lawyers demand access to Habib
Lawyers for Guantanamo Bay detainees, including Mamdouh Habib, have written to United States Defence Secretary Donald Rumsfeld demanding access to the men.

Guantanamo prisoners may be moved to US soil
The US authorities may move hundreds of prisoners from their controversial Guantanamo Bay detention camp in Cuba to the United States following new Supreme Court rulings, the Los Angeles Times has reported.

Blair's comments reflect badly on Australia says Hicks lawyer
The Adelaide-based lawyer representing accused Taliban fighter, [scapegoat for the Coalition of the Killing's resource war's in the Middle East], Mr David Hicks says the latest comments by the British Prime Minister Tony Blair on United States military tribunals reflect badly on Australia.

Govt urged to seek civil lawyer for Habib
The Law Council of Australia has called for the Federal Government to ensure Guantanamo Bay inmate, [prisoner], Mamdouh Habib has access to a civil lawyer.

Pentagon names tribunal for Hicks trial
The Pentagon has named the militants who will decide the fate of Mr David Hicks and two other Guantanamo prisoners charged by the United States in the first US military tribunals since World War II.

US scapegoats can challenge detention
The US Supreme Court has ruled that US courts have jurisdiction to hear appeals from foreign detainees, [prisoners], held as enemy combatants, [scapegoats for the Coalition of the Killing's resource war's in the Middle East], in the US military base at Guantanamo Bay, Cuba.

Hicks lawyer praises Guantanamo decision
The lawyer for an Australian man detained at the Guantanamo Bay Naval Base has welcomed a US Supreme Court ruling permitting judicial appeals from foreign detainees held as enemy combatants.

'No compromise' on Guantanamo trials
UK: The transatlantic rift over Guantanamo Bay deepened, as UK last Friday politicians and human rights activists seized on the attorney general's admission that, [war criminal], George Bush's plans for military tribunals were "unacceptable".

War criminal Rumsfeld had approved abuse
On December 2, 2002, Rumsfeld approved the removal of clothing, 20-hour interrogations, the use of dogs to induce stress, 30-day isolations and deprivation of light and sensory stimuli (hooding).

Failure to condemn prison abuse risks lives: Kenny
The Australian lawyer representing Guantanamo Bay detainee David Hicks has joined calls for the, [war crimial], Prime Minister to condemn interrogation techniques being used at the prison camp.

Prisoner's identity concealed to prevent Red Cross access
US Defence Secretary Donald Rumsfeld, acting at the request of the CIA, ordered that a suspected Iraqi insurgent leader be detained off the books to conceal his identity from the International Committee of the Red Cross (ICRC), the Pentagon has confirmed.

US has secret prisons: rights group
The United States is holding terrorism suspects, [? scapegoats for the Coalition of the Killing's resource war's in the Middle East], in more than two dozen detention centres worldwide, about half of which operate in total secrecy, according to a new human rights report.

Occupation Torture: This won't hurt much
I hesitated to gravitate to harsher interrogation methods because, after all, he is my son. Then, [war criminal], Donald Rumsfeld came to my rescue.

How much is that doggy in the prison? Woof, woof!
Did the Iraqi prisoners' get their rations while they were treated like chums? The Australian Government was confident United States authorities in charge of Iraqi prisoners of war complied with the Geneva Convention, the Senate was told yesterday.

British militants face Iraq abuse charges
London: Four British, [militants], will be court-martialled on charges of abusing Iraqi, detainees. The four Royal Fusiliers members are accused of assault, indecent assault and prejudicing good order.

I'm a scapegoat: Abu Ghraib general
The United States general in charge of Abu Ghraib prison in Iraq was told by a military intelligence commander that detainees, [prisoners], should be treated like dogs.

Hicks and Habib in the Melting Pot
Australia: The United States has brought three, [alleged], criminal charges against Australian David Hicks, accusing him of conspiracy to commit war crimes, attempted murder and aiding the enemy, the Pentagon has said.

Pentagon finds Bush not bound by torture laws: report?
A Pentagon report has concluded, [war criminal], President George W Bush was not bound by laws prohibiting torture and United States agents who might torture prisoners at his direction could not be prosecuted by the Justice Department, The Wall Street Journal has reported.

By the fact...in & of itself...just the facts..?
[War criminal], Alexander Downer: "Actually, if an Australian - if the Government is involved in a cover-up, then the Government therefore ipso facto must have known about the atrocities.

Looming Hicks charges no surprise, father says
The father of Australian Guantanamo Bay detainee, [prisoner], David Hicks says it would be wrong for, [war criminal], Prime Minister John Howard to take any credit for speeding up the legal processing of his son.

Howard double standard on prisoners
The [war criminal], Prime Minister's claim in Los Angeles overnight that "if an American commits a crime in Australia, that person is tried in Australia' falls flat in light of his decision to let the US try two marines alleged to be involved in attempted murder in Townsville, Greens Senator Bob Brown said today.

Labor, Greens criticise prisoner abuse probe
The Federal Opposition and the Greens have little confidence in an internal Defence Department investigation into the Iraqi prisoner abuse scandal.

Hicks, Habib detail abuse to Aust officials
A federal government department has revealed both Australians being held at Guantanamo Bay in Cuba have raised allegations of abuse with Australian officials.

I was misled on abuse: Howard?
[War criminal], Prime Minister John Howard says he did not mislead the public about when Australian officials became aware of allegations about the serious abuse of Iraqi prisoners.

Amnesty report criticises Aust, US
Amnesty International has accused Australia of using national security to justify the erosion of human rights and says the United States has proved "bankrupt of vision and bereft of principle" in its fight against terrorism and invasion of Iraq.

Australian officer visited Abu Ghraib
An Australian Army legal officer who served at the coalition's military headquarters in Baghdad visited the notorious Abu Ghraib prison on a number of occasions, a Senate committee has heard.

Family worried about son in Iraqi prison
The South Australian family of a man detained in Iraq says it is becoming increasingly concerned about his welfare. Ahmed Aziz Rafiq, 26, was born in Iraq, but has been living in Adelaide, Sydney and Melbourne.

Hicks interrogator features in CBS broadcast
An American television program has broadcast an interview with a man who interrogated Australian terror suspect, [scapegoat for the Coalition of the Killing's resource war's in the Middle East], David Hicks at Guantanamo Bay, Cuba.

HRMU: Harm-U for Hicks, Habib?
[War criminal], Prime Minister John Howard, NSW Premier Bob Carr, Justice Minister John Hatzistergos and other State and Territory prison ministers have set out a grim blueprint of life in an Australian jail.

Hicks's lawyer welcomes prison decision
Guantanamo Bay detainee, [prisoner and scapegoat for the Coalition of the Killing's resource war's in the Middle East], David Hicks's lawyer has welcomed federal Parliament's decision to allow any prison sentence he may receive to be served in Australia. Mr Hicks and fellow Australian Mamdouh Habib have been held in Cuba without charge for more than two years.

Hicks trial won't be fair: US lawyer
The military lawyer assigned to Australian Guantanamo Bay inmate, [prisoner and scapegoat for the Coalition of the Killing's resource war's in the Middle East], David Hicks has launched one of the most serious attacks yet on the legal process surrounding his client.

US military criticises legal process for Guantanamo prisoners
Military lawyers assigned by the Pentagon to detainees, [prisoners], at Guantanamo Bay are planning to present a brief to the US Supreme Court tomorrow, criticising the fairness of the legal process.

Guantanamo detentions slammed
A leading human rights group has denounced the United States Government for continuing to hold prisoners without charge two years after it set up the detention, [prison], camp at Guantanamo Bay in Cuba.

Vigil: Season's Greetings for David and Mamdouh
The objective is to continue to inform the public; and maintain the issue alive. There will be information on both David and Mamdouh to hand out to the general public. There will also be two Season's Greetings cards for the public to sign which will be presented to Alexander Downer - as Parliament will be on recess by then, I will ask the Fair Go for David Group in South Australia to present these to Downer.

US court delivers blow to Guantanamo policy
In a stinging rebuke of the Bush Government, a United States appeals court has ruled the US cannot imprison "enemy combatants," [scapegoats and patsy's for the Coaltion of the Killing's resource war's in the Middle East], captured in Afghanistan, [held], indefinitely at Guantanamo Bay and deny them access to lawyers.

Hicks's lawyer hopeful of meeting before Christmas
Adelaide lawyer Stephen Kenny says he hopes to meet with United States military captive David Hicks at Guantanamo Bay before Christmas.

Red Cross warns resource wars in the Middle East are eroding human rights The head of the International Committee of the Red Cross (ICRC) has warned that the worldwide campaign against terrorism [the Coalition of the Killing's resource wars in the Middle East], must not be used to breach peoples right under international law.

Lawyers differ on Guantanamo deal
The lawyers for the two Australian men being held, [tortured in solitary confinement], at Guantanamo Bay have had different reactions to the, [war criminal], Federal Government's agreement with the, [war criminal], United States over procedures for any 'military trials'.

US 'political prisoners' demand rule of US law
FOREIGN prisoners, [scapegoats for the Coalition of the Killing's resource war's in the Middle East], held in Cuba, including Australians David Hicks and Mamdouh Habib, will never have played their legal card until they're freed!

Government should fund 'free Hicks' doco
TAXPAYERS have forked out $185,000 for a documentary promoting the release of David Hicks - because the Coalition of the Killing used him as a scapegoat for their illegal and degrading resource war's in the Middle East.

A STRUGGLE ON TWO FRONTS: PRISONS & IMPERIALIST WAR
After a war waged by the U.S. military against Vietnam which took the lives of more than 3 million Vietnamese people and more than 58,000 GIs, the U.S. finally withdrew in 1975. It had suffered its first official major military defeat by a united people struggle led by the Vietnamese, along with a mass U.S. anti-war movement.

Supporters doubt PM's efforts to release Habib, Hicks
The supporters of two Australian detainees [prisoners] being held [tortured] by the United States at Guantanamo Bay in Cuba say they draw no comfort from [war criminal], Prime Minister John Howard raising the men's plight with [war criminal], US President George W Bush.

Greens For Freedom of Political Prisoners
The Greens politicians refused to be ejected and attempted to deliver a letter and photograph to the president. But Kerry was literally dragged away and that behaviour in Parliament was worrying.

Habib's wife to join Greens Protest during Bush Visit
The wife of an Australian man imprisoned at Guantanamo Bay has urged the Prime Minister to seek her husband's release when the United States President visits Australia this week.

Red Cross Criticizes Indefinite Detention in Guantanamo Bay
GUANTANAMO BAY, Cuba, Oct. 9 A senior official of the International Committee of the Red Cross said on Thursday that the holding of more than 600 detainees [prisoners] here was unacceptable because they were being held for open-ended terms without proper legal process.

Australia: Crean backs war criminals
The Federal Labor leader, Simon Crean, has tried to head off planned protests by some opposition MPs when the US President addresses Parliament next week.

Bush's Vanished Prisoner
He Wonders Whether He Will See the Light of Day Again October 10th, 2003 6:00 PM

Guantanamo Bay treatment: Limbo
Former federal judges, diplomats, military officials and human rights advocates in the United States have urged the Supreme Court to review the cases of detainees [scapegoats for the Coalition of the Killing's resource wars in the Middle East], being held without charge at Guantanamo Bay in the name of terrorism.

Australia: Justice for Hicks & Habib
The public forum Justice for Hicks & Habib was quite a success. Approximately 130 people attended the event, a big number for a Saturday eve!

Pilger said White House knew Saddam was no threat
Australian investigative journalist John Pilger says he has evidence the war against Iraq was based on a lie which could cost George W Bush and Tony Blair their jobs and bring Prime Minister John Howard down with them.

Illegal and degrading war crimes: Society on the New World Order (OWN)! While Australia and the US are very distinctive societies war criminal, Prime Minister John Howard and war criminal, President George Bush share core values.

Civil Liabilities: Howard's diversity? I had a dream?
The war criminal, Prime Minister, John Howard, who only yesterday was claiming he was showing diversity has stepped up pressure on the states to support plans to increase the war criminal, Federal Attorney-General's powers to ban terrorist organisations, [scapegoats and patsies for the Coalition of the Killing's illegal and degrading resource wars in the Middle East.]

Terry Hicks Odyssey for Justice for his Imprisoned Son
Terry Hicks, David Hicks father, one of two Australian [scapegoats] held imprisoned [and tortured] at Guantanamo Bay, arrives tomorrow Saturday 20 September in Sydney. He will hold a Press Conference at 2pm at Breakout, 65 Bellevue St. Glebe.

Evidence that Howard was complicit in CIA, false flag, call to arms, Bali bombings War criminal John Howard was complicit in the call to arms - false flag operation - Bali bombings - instigated by the CIA - and the Coalition of the Killing - to bolster support - and quell dissent for their illegal and degrading resource wars in the Middle East.

State terror units caused the terror!
The level of suspicion and surveillance created by the [US false flag operation and call to arms] Bali bombings, created by [ the Coalition of the Killing and Australian's complicity to go to war on Iraq] means that all Australian's suffer the loss of their human rights, civil rights and their democratic rights, as well as those Australian's who lost their life in Bali.

Australia backs CIA Reichstag, Downer's propaganda
The Foreign Affairs Minister says the latest message from Osama bin Laden is worrying. [Just plain rubbish!]

Bin Laden calls? CIA blind man's bluff!
A [US propaganda, fear-mongering] taped message purportedly from Osama bin Laden has warned Arab nations against supporting a war against Iraq but has branded Saddam Hussein an infidel.