Showing posts with label justice. Show all posts
Showing posts with label justice. Show all posts

Tuesday, April 26, 2005

Global Alliance for Justice Education: Regional Conference

We are writing to you as a member of Global Alliance for Justice Education (Australasia) to determine the interest in a regional conference to be held during 2006.

Background to GAJE

Global Alliance for Justice Education (GAJE) (Australasia) is part of a worldwide organisation which brings together legal academics, law students, jurists, advocates and legal practitioners from around the world with the common goal of achieving justice through legal education. More information on GAJE can be found on its website.

Aims of a GAJE Regional Conference

There exists significant research and activity on social justice and legal issues in the Asia-Pacific region. However what is lacking is the opportunity for advocates, lawyers, students and communities to connect over these issues and develop new ways of working together. A GAJE regional conference can provide a forum where crucial issues can be discussed from a legal and social justice perspective.

We are currently in the early stages of planning and would greatly appreciate any thoughts you may have on possible conference themes. If you could complete the attached questionnaire and return it to us as soon as possible, that would be of tremendous benefit.

If you would like more information or have any questions, please feel free to contact us at the Kingsford Legal Centre
Phone: +61 2 93986366 (Monday) or (Wednesday)
Email: a.hartree@unsw.edu.au

Yours sincerely

Anna Hartree Tina Lian & Melissa Chu
KLC Coordinator Student law clerks

GAJE REGIONAL CONFERENCE QUESTIONNAIRE

1. Would you be interested in attending a regional GAJE conference? Yes / No

2. Are you able to assist with the organisation of a regional GAJE conference?
Yes / No

3. If you have attended previous GAJE Conferences, please provide us with some feedback. (e.g. strengths and weaknesses)
___________________________________________________________________________

___________________________________________________________________________

4. What important social justice issues in the Asia Pacific region do you think
could be the themes for a regional conference? Eg
a. Immigration _________
b. Refugees _________
c. Anti-terrorism _________
d. Environment _________
e. HIV/AIDS _________
f. Womens rights -Violence against women _________
g. Indigenous justice _________
h. Taxation reform _________
i. Regional governance _________
j. Social security and welfare _________
k. Globalisation _________
l. Peace and security _________
m. Economic empowerment _________
n. Changing role of women _________
o. Other _______________________ _________

Please indicate your preference in the order of 1-5.

5. If a Conference was to be organised with a focus on the areas you have indicated above as your important issues, would you be interested to participate?
Yes / No

6. What would like to participate in during a Regional GAJE conference? (eg training, networking, debate and discussion, key note speakers
_____________________________________________________________________________

_____________________________________________________________________________

7. Please provide contact details of any other individuals or organisations who may interested in attending a regional conference?
_____________________________________________________________________________

_____________________________________________________________________________

8. Please indicate your preference for the location of the conference
a. Sydney _________
b. Melbourne _________
c. Brisbane _________
d. No preference _________
e. Other _________

9. Would you require assistance with any of the following to attend the conference:

a. Accommodation expenses Yes/ No
b. Travel expenses Yes/ No
c. Details of other assistance ________________________________

10. Any other comments?
_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

By Anna Hartree, Tina Lian, Melissa Chu posted 26 April 05


Tuesday, October 26, 2004

Roseanne Catt alert - miscarriage of justice?

Thank you LORD, the gates of hell shall not prevail against the Army of the LORD! Amen! (Sister Mary Court)

I first met Roseanne Catt when I visited Mulawa Women's Prison in 1999 and I have been following her case ever since. This week, her campaign to prove her innocence will finally reach a climax in the NSW Court of Criminal Appeal.

I feel this case has many serious implications for the justice system in NSW and for the way the media and the legal system handles such cases. I intend to deal with some of these in future reports.

If you are interested in her case, watch for further reports in the Sydney Morning Herald and Reportage. Pass them onto others who may be interested. Many people have received little information about this case because much of the media have either failed to report on the defence case or have actively undermined it.

REPORTAGE SPECIAL ON ROSEANNE CATT

In August 2001, Roseanne Catt who had almost served a twelve years sentence for eight crimes against her ex husband Taree motor mechanic Barry Catt, was released from prison after the NSW Attorney General received fresh evidence which supported her claim of innocence. Now, three years, Acting NSW District Court Judge Thomas Davidson has forwarded his report on the facts of her case to the NSW Court of Criminal Appeal which will now decide whether or not she is guilty.

On October 24, Reportage published a report by Wendy Bacon on a crucial aspect of the case, the allegation that Roseanne spiked her husband's drinks with drugs.

Wendy Bacon and Tracy Pillemer started investigating Roseanne Catt's convictions in 1999. To find out more about this extraordinary case, read their reports:

Read more reports on the case as it unfolds in the media this week.

MEDIA RELEASE...


The outcome of the concluding phase of the Appeal in relation to Roseanne Catt's convictions will be heard at the Court of Criminal Appeal Supreme Court on Wednesday 27th October at 10 am in Queen's Square, near St James Station, Hyde Park.

The Court Room and Level can be found by looking at the notice board on the ground level of the Supreme Court... or on the Internet. It possibly will be Court 13A.

The 3 Supreme Court Judges' decision of the Criminal Appeal will be based on the findings of Acting Judge Davidson. The Inquiry began 18 months ago on 3 February 2003.

Look forward to seeing you there.

Mary Court on behalf of the...Free Roseanne Team "Mary Court" marycourt@bigpond.com

By Wendy Bacon posted 26 October 04

Related:

Witnesses may have conspired, says judge
Criminal charges will be considered against prosecution witnesses who gave evidence at the inquiry into the conviction of Roseanne Catt over a conspiracy to murder her husband.

Update on Roseanne Catt case
Judge Davidson called both parties back to Court today to announce that he has finished his part of the Inquiry and to advise that he is sending his findings to the Registrar.

Roseanne Catt's outrage at MEAA ruling
When a hearing committee of the media union's National Ethics Panel found Four Corners and journalist Sally Neighbour committed a breach of the journalists code of ethics in a report involving a controversial former policeman, Roseanne Catt spoke out.

Roseanne Catt Inquiry: Roseanne Catt's presentation:'Daily Terror'
We are most concerned about articles that have appeared in the Daily Telegraph on Saturday, February 8, 2003, page 13. The article was written by Peter Lalor and again on Sunday 9 March 2003 written by Warren Owens.

The Roseanne Catt Trial
This case is fantastic! It covers ground that exposes the thorough erosion of so much that is good in our society - the issues themselves become clouded by disbelief knowing this has happened at all.

Govt restores legal aid in Catt case
The longest-serving female prisoner in New South Wales, Roseanne Catt, has welcomed a decision by the Government to restore funding for her battle to clear her name.

New murder inquiry after wife jailed for decade
A woman may have been charged with trying to poison her husband before police received toxicology results, the New South Wales Supreme Court has heard.

"FREE(D) ROSEANNE"
It has been brought to our attention that today Legal Aid have formally advised Brock Partners, Roseanne Catt's solicitors, that they will no longer fund the Inquiry - at this most crucial time when her hearing is set for next Monday 3rd February.

Roseanne Catt update
Since writing this letter we have learned that the Attorney General is saying that the court matter that has taken eighteen months to prepare should be adjourned. In the meantime we wait and wait and wait until they say we can proceed. This is the situation just as we prepare to go to court on Monday 3rd February 2003.

Roseanne Catt
The case of Roseanne Catt starts On Monday 3rd February 2003 at 10 am in the Downing Centre Sydney before Judge Davidson.

Thursday, July 29, 2004

Witnesses may have conspired, says judge

Criminal charges will be considered against prosecution witnesses who gave evidence at the inquiry into the conviction of Roseanne Catt over a conspiracy to murder her husband.

The judge heading an inquiry into Catt's convictions said he would refer evidence of more than 100 phone conversations between key prosecution witnesses to the NSW Police Commissioner and the NSW Director of Public Prosecutions to determine whether criminal prosecutions should be launched against them.

The acting District Court Judge, Peter Davidson, said at a final hearing on Friday that his inquiry, which began in February last year, was complete and he would forward his findings to the NSW Court of Criminal Appeal early this week for a decision on whether any or all of Catt's 1991 convictions should be overturned.

Catt spent 10 years in prison for possessing a pistol and poisoning, stabbing, assaulting and conspiring to kill her then husband Barry Catt. While the prosecution painted her as an evil and manipulative woman, the defence case has been that she was the victim of a conspiracy between prosecution witnesses.

The case was reopened after an acquaintance of former NSW detective Peter Thomas, who led the police investigation, provided the Attorney General, Bob Debus, with a statement saying Thomas told him he planted a gun on Roseanne Catt. Mr Debus then requested the Court of Criminal Appeal allow a fresh appeal in the case.

In the last days of Judge Davidson's inquiry, defence barrister Tom Molomby, SC, succeeded in tendering phone records of numbers associated with key prosecution witnesses, including Thomas, serving NSW detective Carl Paget, Barry Catt and his daughters.

Mr Molomby's analysis of the records showed phone contact between these people on more than 100 occasions during the hearing despite warnings from the judge they should not discuss the case or speak with anyone likely to be giving evidence in the inquiry.

Judge Davidson said the evidence of contact was so extensive further investigation was needed.

By Wendy Bacon posted 29 July 04

Related:

Update on Roseanne Catt case
Judge Davidson called both parties back to Court today to announce that he has finished his part of the Inquiry and to advise that he is sending his findings to the Registrar.

Roseanne Catt's outrage at MEAA ruling
When a hearing committee of the media union's National Ethics Panel found Four Corners and journalist Sally Neighbour committed a breach of the journalists code of ethics in a report involving a controversial former policeman, Roseanne Catt spoke out.

Roseanne Catt Inquiry: Roseanne Catt's presentation:'Daily Terror'
We are most concerned about articles that have appeared in the Daily Telegraph on Saturday, February 8, 2003, page 13. The article was written by Peter Lalor and again on Sunday 9 March 2003 written by Warren Owens.

The Roseanne Catt Trial
This case is fantastic! It covers ground that exposes the thorough erosion of so much that is good in our society - the issues themselves become clouded by disbelief knowing this has happened at all.

Govt restores legal aid in Catt case
The longest-serving female prisoner in New South Wales, Roseanne Catt, has welcomed a decision by the Government to restore funding for her battle to clear her name.

New murder inquiry after wife jailed for decade
A woman may have been charged with trying to poison her husband before police received toxicology results, the New South Wales Supreme Court has heard.

"FREE(D) ROSEANNE"
It has been brought to our attention that today Legal Aid have formally advised Brock Partners, Roseanne Catt's solicitors, that they will no longer fund the Inquiry - at this most crucial time when her hearing is set for next Monday 3rd February.

Roseanne Catt update
Since writing this letter we have learned that the Attorney General is saying that the court matter that has taken eighteen months to prepare should be adjourned. In the meantime we wait and wait and wait until they say we can proceed. This is the situation just as we prepare to go to court on Monday 3rd February 2003.

Roseanne Catt
The case of Roseanne Catt starts On Monday 3rd February 2003 at 10 am in the Downing Centre Sydney before Judge Davidson.

Tuesday, July 13, 2004

JUSTICE ACTION: TOUCH

What: An event for the campaign for community access to prisons

Why: Because secrecy breeds abuse.

Where: Breakout Design + Print /Justice Action 65 Bellevue St. Glebe.

When: 6:30 p.m. Friday July 16 2004 - Bastille Day weekend.


Who: BANDS! Emma Donovan, Give my Love to Rose, The Scuttlers, Rebecca Moore, SEAN CHOOBURRA.

Contact: Brett Collins or Stacy Scheff 9660-9111 (after hours: 0438 705 003)

Come help us celebrate the 20th anniversary of Breakout Design + Print and Justice Action.

On Bastille Day 1984, Breakout was officially launched with a start-up grant of $108,000. Breakout began business as an employment project for ex-prisoners. Twenty years later, Breakout Design + Print is still employing ex-prisoners. Through our political arm, Justice Action, we are still campaigning for the human rights of prisoners,ex-prisoners, and communities effected by crime and the criminal justice system.

Throughout the years, there has been one constant theme emerging from countless criminologists, academics, lawyers, judges, and friends and families of prisoners. Of all the theories about how to reduce crime, reform criminals, and make our cities safer places to live, there is only one that is consistently proven to work: community support.

As academic John McKnight said, "..treatment doesn't work. Communities work. And working communities both prevent crime and heal criminals."

The title was inspired by a poem by Hugh Lewin who was in Pretoria Central Jail in South Africa,

Touch
by Hugh Lewin

Touch by Hugh Lewin and Invitation

When I get out, I'm going to ask someone to touch me very gently please and slowly, touch me, I want to learn again how life feels.

I've not been touched for seven years for seven years, I've been untouched out of touch and I've learnt to know now the meaning of untouchable.

Untouched -- not quite, I can count the things that have touched me.

One: fists At the beginning fierce mad fists beating, beating till I remember screaming. Don't touch me please don't touch me.

Two: paws. The first four years of paws every day patting paws, searching -- arms up, shoes off legs apart -- prodding paws, systematic heavy, indifferent probing away all privacy. I don't want fists and paws. I want to want to be touched again, want to say when I get out. Here I am please touch me.


By justiceACTION posted 13 July 04

Related:

Community: Daily Telegraph, you're out of "touch"
This morning the Daily Telegraph has reported that, "judges and Magistrates are out of touch on every crime and penalties should be increased." Turn up for the books?

WA: Boronia Prison for women
'Boronia's security includes an electronic perimeter control system with lights and cameras, a monitoring room, access controls on units and movement controls in key areas, and is unusual in a minimum security prison.'

Justice Action: NSW Corrective Services undermine prisoner contact For nearly 20 years, Justice Action has been corresponding regularly with individual prisoners without seeking approval from the Commissioner of Corrective Services for each individual letter sent to them.

Abuse within prisons makes prisoners more violent upon release
The Australian public was confronted with similar accusations during 1978 when the NSW Royal Commission into Prisons headed by Justice Nagle found that the NSW Department of Corrective Services and its Ministers of both political persuasions had unofficially sanctioned the systematic brutalisation of prisoners at Grafton Jail from 1943 to 1976. A former Grafton prison guard, John Pettit, testified to the extent of that brutalisation:

Abu Ghraib one day, Queensland the next
To know prison you have to experience the finality of a cell door slamming shut behind your back.

Prison abuse outrage hypocritical: Burnside
A prominent human rights lawyer has accused the Howard Government of hypocrisy in expressing outrage over the treatment of prisoners at Iraq's Abu Ghraib jail.

Death in custody: In memory of Scott Simpson
Scott Simpson 34 died in custody on 7 June 2004 leaving behind a child. It is alleged that he hanged himself in a segregation yard at Long Bay Prison Complex.

Charity likens Qld prisons to Abu Ghraib
Queensland's anti-discrimination commissioner has been asked to investigate claims of human rights abuses in the state's women's prisons.

PRISONERS' STRIKE
The world was shocked by the images of Abu Ghraib prisoner torture. But around the world the prisoner community knows that worse happens every day. The US presidential election will happen in November. George Bush is floundering in the wake of his government's exposed moral bankruptcy in Iraq. His terrorism against citizens has been exposed. Australian Prime Minister Howard has been caught with equal responsibility. They are on the defence.

Hatzsistergos defends speedy draconian laws
The New South Wales Government has been accused of "ramming" through a bill designed to make it much tougher for people to get bail if they are accused of terrorism-related offences, [scapegoats for the Coalition of the Killing's resource war's in the Middle East.]

QLD: Parole and Borrallon Prison
Well firstly thank you for sending the latest copy of Framed Magazine to me. I was very surprised, as I had no idea that I was still on your books. If you like I can send some more drawings for possible submission in the future.

Summary of 'Ombudsmen's Jurisdiction in Prisons'
* Ombudsman's main power comes from publicity it generates and possibility of reporting to Parliament. * According to author, they "exert considerable influence over administrative officials and may often persuade [one] to revoke or vary a decision". (p182).

Vic database to track sex offenders' movements
Liberty Victoria vice president Jamie Gardiner has described the new database as flawed and dangerous. Mr Gardiner says the database punishes people for what they might do rather than what they have done.

Ngo loses High Court appeal bid
Phuong Ngo has lost a High Court special leave application to appeal his 2001 conviction for the murder of Cabramatta MP John Newman.

No Legal Aid? Milat loses conviction appeal!
Ivan Milat today, without any legal representation, which includes Legal Aid, lost an application in the High Court to appeal against his 1996 convictions.

ACTION BREAK THEATRE
Our theatre workshops for Script Development and Acting aim to enable Female ex-prisoners, Women at-risk of being caught up in the justice system, Survivors of Child Abuse and Domestic Violence, to dramatically craft their real-life stories for the stage, radio and video.

Govt moves to strip prisoners' voting rights
The Australian Council for Civil Liberties has condemned a Federal Government move to stop prisoners voting. Under current laws, prisoners serving less than five years can vote.

Hep C rife in Victorian jails
The study released by the Department of Justice, [? Department of Law, because there is no justice in prisons], revealed 57 per cent of prisoners had evidence of the hepatitis C infection, compared with one per cent of the general population.

AUSTRALIA: RIOT ACT READ AGAINST INSPECTION TEAM
The secrecy of the unit holding several people charged with terrorist offences, [scapegoats for the Coalition of the Killing's resource war's in the Middle East], here in Australia was confirmed during an attempted community inspection by a delegation from Justice Action. The delegation comprised four women and two men.

Sisters Inside: The power of standing on your own two feet
The old jail, overcrowded and dilapidated, had been simmering with barely contained tension for some time. Many of the 106 women were locked together; two to a cell, in the "bottom" section of the jail behind a gate that prison officers chose to keep shut, restricting the already minimal movement of prisoners and ensuring a tinderbox environment of festering pressures.

Govt stands by child sex offender program
SafeCare offers certain child sex offenders conditional confidentiality if they admit their crime, move out of the home and attend a two-year rehabilitation program run by the agency.

Australian Prisons Message of Solidarity: Greens
The Australian corrections system is appalling and rife with abuse of prisoner's rights. The spiralling numbers of those locked up, now over 23,000, is an indictment on a society which purports to be fair and democratic.

Rally for Inspection of Terror Unit, the HRMU
On Saturday, 15 May 2004 at 1p.m concerned citizens including families and friends will rally at the High Risk Management Unit, Goulburn Jail to demand entry and inspection of the unit where several people charged with terrorist offences, [scapegoats for the Coalition of the Killing's resource war's in the Middle East], are imprisoned.

Australia: 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. But before he feels confident in criticising prison practices elsewhere, Howard needs to know a few things about prison administration in his own country. Justice Action has exposed similar acts here in Australia, but have had no response from authorities.

Doctor Ron Woodham I presume?
"Corrections Health staff provide medical care. However, its staff's authority is essentially limited to making recommendations to corrective services on treatment. Corrective services staff can then decide what treatment can be given."

Justice Brian Sully subscribes to jail retribution
"The high odds are that you will be found out, tracked down and sent to jail . . .then you will be as much at risk from others as your victim was at risk from you."

I was bashed by colleagues: warden
A prison officer doing his rounds at Parklea jail ended up in the emergency ward claiming he had been beaten unconscious by four colleagues.

Probation and Parole in NSW
I am a prisoner at the Goulburn Prison I refer to the New South Wales Crimes (Administration of Sentences) Act 1999 Sect 135.

At The Ministers Pleasure?
Most of these prisoners are held at the *Governors Pleasure* however, it's more like the *Ministers Pleasure* because the Health Minister holds the key and not the board of professional doctors whom even though recommend release the prisoner's remain locked away for political leverage.

Bronson Blessington speaks out
Hello my name is Bronson Blessington. I am writing this letter to you in the hope that you will be able to give me some assistance. I have been in prison now for 15 and 1/2 years. I was given a life sentence when I was 14 years old.

A review of psychiatry, law and politics in Victoria
If non-expert appraisals of 'normal behavior' can be condoned, it nonetheless has to be the case that the behavior under scrutiny takes place in a 'normal' environment, in which a human being can be expected to function normally.

PRISON 'THIS INDEFINITE IDEA'
My name is Steve and I'm at Palen Creek Prison Farm near Rathdowney in Queensland. I was the subject on an "Intelligence Report" written by a QLD prison officer in 1996.

20 Million for trial and no Legal Aid to appeal?
Why don't we want to know the truth? Because the government, police, lower-courts and the prison including the Prisoners Legal Service have decided what the truth is for us! Without getting to the end of the appeal process where the case has been professionally put before judges so they can impartially and objectively interpret the law.

Violent prisoners in anger-control trial?
Prisoners with a history of murder, sex attacks, bashings and stabbings are taking courses in anger management to control their *primal urge* to violence. But is there a *primal urge to violence* and if there is then where did it come from?

NSW Prisoner Hunger Strike: Ivan Milat day 28
Hello, I hope all is fine with you. Thank you for the letter dated 8th March, received today 12th, very inspiring. Forgive me for that incoherent eight pager I wrote out, what had occurred. I was three-four days into this protest, no eating any food.

HRMU: Harm-U for Hicks, Habib?
At the HRMU there are no minimum standard guidelines adhered to and security of the prison over-rules the prisoner's medical needs. Prisoners are self-harming because of the environment they are kept in already.

Today Paedophiles TOMORROW You!
This legislation came to the for during the campaign for the State election in March 2003, Carr announced a plan to introduce child sex offender orders in New South Wales, to restrict the movement of convicted paedophiles in places frequented by children.

Obituary: Garry Nye born 3/4/52 died 1/3/04
On July 24 1991, in a massive operation that traumatised his children and destroyed his house, NSW police arrested him for the murder of criminal Ray Thurgar, using a discredited informer's flimsy evidence.

Cheney's bid for review denied
Cheney asked the court to appoint a judge to review his case, claiming he had been "verballed" by police and "loaded up". But Justice Jeff Shaw said last week there was "no real evidence of police corruption and Cheney, who had a long criminal career, had been convicted on "powerful circumstantial evidence".[?]

MILAT WAS FRAMED FOR TOURISM $$$$$
The bodies of seven backpackers were discovered at the Belanglo Forest in 1992. The victims were German, British and Australian origin. Australia at the time of the discoveries was well advanced in its bid for the Olympic Games to be held here in year 2000.

NSW Prisoner Hunger Strike: Ivan Milat
It looks like Premier Carr's anti Milat Campaign is working well again, his application to the Judge in chambers to seek an order to be allowed to orally argue his appeal to the High Court was refused.

Brett Collins: Speech to Nagle Symposium 25 years on
I was serving 17 years, was in segregation and had served five of the almost ten I eventually did. The prison movement outside had made the Royal Commission aware of the plight I was in as one of the prisoner organisers. That attention meant I was safer from that time on. Although two years later I was returned to Grafton with the classification of intractable.

REPORT CARD ON NSW PRISONS
Ending the 'institutionalised bash' now replaced by the institutionalised 'solitary confinement' cave their heads in bash. Former Royal Commissioner Justice John Nagle and Professor Tony Vinson are the keynote speakers at a seminar this week marking 25 years since the landmark Nagle Report into NSW prisons.

Jails the new asylums?
QUENTIN DEMPSTER: Asylum seekers -- no, not what you think -- but those who are so disillusioned with the current approach of our mental health system that they believe we should go back to the old ways and rebuild the asylums.

Inside Out Community Forum
Inside Out Association of NSW Incorporated is a newly formed initiative aiming towards developing genuine educational, rehabilitative, and re-integrative programs and assistance packages for prisoners and others effected by the criminal justice system, [criminal law system.]

Government justice not personal justice
Mr Collins said that, " No one is entitled to add to the court sentence to wreak personal vengeance on the offender, this is government justice not personal justice."

Risk Assessment Tools: Justice Health
As I mentioned at the time, there are indeed a large range of actuarial tools for making such assessments, but a review of the literature shows that their ability to predict dangerousness in any one individual is next to zero (or as the Macarthur Study puts it, "the unaided abilities of mental health professionals to perform this task are modest at best"

Experts: The Prisoner's Dilemma
[One] reason we are so-so scientists is that our brains were shaped for fitness [to the peopled environment], not for truth. Sometimes the truth is adaptive, but sometimes it is not. Conflicts of interest are inherent to the human condition, and we are apt to want our version of the truth, rather than the truth itself, to prevail.

Ron Woodham my faithful Commissioner?
The Departments have all the senior legal staff, they have the brightest minds in the country and others who are willing to get their hands dirty to get the job done. They have the law and legislation which they can do with as they will, and a budget to blow your minds!

Sentencing: Violent crime and practical outcomes
It's about just deserts, time to stop and reflect, to gain insight into your offending behaviour, to learn more ideas, retribution for the victims, and to set an example for the community.

The Nagle Report 25 years on
On 25 February 2004 the Faculty of Law, University of New South Wales and the Centre for Health Research in Criminal Justice will be co-hosting a seminar to celebrate the Nagle Royal Commission. The seminar will be held in Parliament House, Macquarie Street Sydney, from 5.00pm. Entry will be free, but seating will be limited.

Practicably Perfect
Do you remember your first driving lesson? You were to steer as close to the curb when parking 'practicably' not perfectly or practically. Why? Because we are not as perfect as Premier Bob Carr wants to be seen. The degree of our mistakes depends on our experience and reflects on our upbringing and sometimes the lack of it.

Defining JA Mentoring
Mentoring is not a new concept. Justice Action graduated its first class of Mentors in December 2003. A good idea has legs of its own, and so the concept of one-on-one support for vulnerable people finding their way in society is now being taken seriously.

Call for royal commission into NSW prison health system
Mr Tony Ross a social justice activist said yesterday that a royal commission into the health system in NSW should be wide reaching to ensure that the Corrections Health Service, [Prisons Health Service], is also exposed because of reported widespread cover ups in the prisons health system.

CONS COMMIT CRIMES IN HASTE, NOW CAN REPENT AT LAWTEY Yes some peasants were out of work, hungry and desperate and had to find a way to feed their families, as they were not born with silver spoons in their mouths, Lord. They just robbed from the rich and gave to poor.

Australian prisoners numbers have increased by 50% over past 10 years In the past 10 years, the prisoner population in Australia increased by nearly 50% from 15,866 in 1993 to 23,555 in 2003, according to figures released today by the Australian Bureau of Statistics (ABS). This increase has exceeded the 15% growth in the Australian adult population in the same period.

NSW Police Association wants sentencing powers?
NSW Police Association president Ian Ball said Inspector Borland now feared for his safety because of a 63 year old man being released from prison after doing a quick 18 for manslaughter.

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.

Man wrongly imprisoned awarded $1m
A Sydney man who was acquitted of murder has won more than $1 million in damages for wrongful arrest and imprisonment. The New South Wales Supreme Court has agreed with Garry Raymond Nye's said that the charge was maliciously laid.

Forensic Hospital at Long Bay
NSW should reject the government decision to set up a secure forensic hospital at Long Bay - or in any place where it can be influenced by the Department of Corrective Services (DCS) (or probably Corrections Health Service (CHS) for that matter).

NSW leaves nation behind in rate and cost of jailing people
NSW not only has the most prisoners of any Australian state but also has the most violent prisoners, among the highest rates of recidivism and an increasingly expensive prison system, a Auditor-General's report says.

HRMU Solitary Confinement And Stopping Violence
I refer to your article on the (HRMU) HIGH RISK MANAGEMENT UNIT AT GOULBURN, TOTAL ABUSE OF POWER:

Database clears up crimes but not used to clear up miscarriages?
NSW Police Minister John Watkins said at the launch of a Sydney conference of international forensic experts meeting to mark 100 years of fingerprinting in NSW.

But there are Keys!
Charles Dickens said, "Life is a secret and you haven't got the key." "And you never will have."

NSW PRISONS: A TOTAL ABUSE OF POWER
We the inmates, [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 inmates, [prisoners], throughout the system. As we are told that we are not in a segregation units, [solitary confinement units], but we are treated as though we are in one.

Should Pauline Hanson have gone to gaol in the first place?: Carmen Lawrence For example, the cost of running the NSW prison system is over $530 million each year and rising. In addition, the government spends around $90 million per year on building and maintaining prisons.

WHEN THE PUNISHMENT IS THE CRIME AND PLANTING THE SEED The brutality and savagery at Grafton jail that went on for 34 years with people getting their legs and arms broken running the gauntlet through a line of prison guards with batons. Some of those prisoners who were sent to jail for non-violence and punished went on to commit some of the most heinous crimes of the century.

WHY WE SHOULD OPPOSE HOME DETENTION
The ACT Government has drafted a new Bill to implement Home Detention This very discriminatory type of sentence also punishes the family. It is questionable that it has been successful anywhere it has been tried.

Justice Kirby concerned at self-representation
High Court judge Michael Kirby says Australia's justice system is weakened by the increasing number of people representing themselves in court. Justice Kirby says he agrees with One Nation founder Pauline Hanson's concerns about the high cost of legal advice.

A veil of secrecy makes justice in jail a different kind from court justice
Although Queensland courts mete out justice, that justice ends at the gates of the Queensland prisons system where a bureaucratic and politically expedient doctrine of "out of sight - out of mind" takes control.

Hanson: I no longer support mandatory sentencing
One Nation Party founder Pauline Hanson has revealed she contemplated suicide while serving an 11-week jail term in Brisbane. Miss Hanson told about her time in jail and her future plans.

A Question of Innocence
Minister Chris Ellison: Yes we’re watching the progress of this project in NSW with great interest. This has been raised at the Standing Committee of Attorneys General and a working group is looking at this very question. I think we have to have a considered response to this proposal and on a national basis, we would need to have the cooperation of the states and territories.

Children of Prisoners' Support Group
Children of Prisoner's welcomes Ann Symonds as our first Patron at this years AGM and screening of "The Space in Between" video , and will have a visual display to demonstrate the invisible population of children effected by parental incarceration.

REMAND PRISONER BAIL REFUSED, THEN SHOT AND KILLED IN CUSTODY A Melbourne court has been told a prisoner was shot dead as he tried to escape from a hospital. The Melbourne Magistrates Court has been told remand prisoner Garry Whyte was receiving treatment at St Vincent's hospital in May last year, when he tried to escape.

NSW Corrections Health Service: Response
Prisoner: MRRC Long Bay: Corrective Health Services [Prison Health Service] in NSW fares only slightly better than CHS in the US. Force often takes the place of real medical care and custodial staff [guards] in fact must approve all CHS medical decisions.

Solitary Confinement: Our very own Alcatraz
Solitary confinement only makes prisoners more violent and inhumane, writes convicted armed robber Bernie Matthews. They were countless. Grafton floggings were routine and didn't require a reason. Everything at Grafton was routine a mindless, never-ending routine of isolation and solitary confinement that was punctuated by a screw's baton, boot or fist. The prison system called it rehabilitation.

The Sentencing (crime of murder) and parole reform act 2003
We wish for each and every prisoner to be brought in front of a Judge to have closure on their sentences, a fixed non-parole period on an individual basis, to give these people a chance to be able to rehabilitate and to stop them being used as Political Prisoners.

Prisoners as citizens and duty of care
For a long time now most learned people have been aware of the book Prisoners as Citizens. The Victorian Opposition is outraged at a confidential payout won by a prisoner injured while playing table tennis at the Melbourne Remand Centre because they can't afford the book?

Long Bay: Corrections Health Services in NSW prisons
Firstly, to call the Prison Health Service a Corrections Health Services is the first identified mistake. Nice names don't take the place of the type of service, they only attempt to cover up for a bad service, when the service is out the door....

Home detention for people who make mistakes
LEARNERS are getting home detention sentences by the State Government diverting people from the anti-social prison system.

MULTICULTURAL SISTERS INSIDE
Sisters Inside is a community organisation that works with women in prison, pre and post release. We challenge the injustices that impact on women in prison, their children and families.

NSW Terrorist Minister leads the way
New South Wales is hosting a two-day conference of state and territory prisons ministers on how to detain terrorists [scapegoats for the Coalition of the Killing's resource war's in the Middle East.]

MENTAL ILLNESS AMONG NEW SOUTH WALES PRISONERS
Anecdotal evidence from staff working in the New South Wales correctional system [prison system] has always suggested a high prevalence of mental illness among the prisoner population.

Yatala Labour Prison Adelaide Going Backwoods: response
Thank you and your team for your support. I have been trying to write you back. However the person has now stopped me from using the computers and education centre and the typewriter has been broken.

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).

Review of Justice Ministers claims about conditions at HRMU
Minister for Justice John Hatzistergos stated on 15 July 2003 concerning the prisoners at the High Risk Management Unit at Goulbourn.[Prisoners held in solitary confinement and tortured endlessly in a Supermax Prison at Goulburn.]

Lithgow Prison: This is no Irish joke!
Allow me to introduce myself to you my name is John Smith I am writing to you for your help in regards to Corrective Services Jail at Lithgow, I am a prisoner at this centre and I am serving a long sentence. I originally came from Ireland a number of years ago.

Lithgow prisoners speak out about rations
Some new issues have arisen today. A senior officer called me to the office, as they usually do to inform me of all new local orders etc concerning prisoners. The deputy governor has cut back funds for stores. Officers have been told they will issue only the following: One Toilet roll per week per prisoner One Toothbrush per month One plastic disposable spoon, fork, knife per day prisoner exchange only.

NSW PRISON CORRUPTION AT THE HRMU
The High Risk Management Unit at Goulburn [Solitary Confinement Supermax, Torture, Gulag,] alleged to have been the first Australian jail of the 21st century and the most secure in the Southern Hemisphere (it was claimed in an article SMH 14 May 2001).

The Daily Telegraph licensed to set up prisoners?
A man who smuggled a mobile phone into a Sydney jail and took pictures of stockbroker Rene Rivkin has been sentenced to 400 hours of community service.

International Prisoners Justice Day 2003
Justice Action, Prisoners Action Group and others celebrated this year's IPJD by visiting Silverwater Jail Complex and talking to the visitors as they went in and came out. We handed out copies of the media release and Framed to the visitors (who took them inside!) and showed our support for prisoners and their families, talking through the loud hailer so prisoners inside would be aware of our presence.

Weak NSW Government suspends Innocence Panel
The DNA evidence panel is under investigation and the New South Wales Innocence Panel's operations have been suspended and a review of how it works ordered.

Is Prison Obsolete?
Eileen is a senior lecturer in the School of Social Work UNSW where she teaches and researches in the areas of social policy and social development. She has been the chief researcher, and has also collaborated on projects and publications regarding prisons, the criminal justice system and women, public and social housing and indigenous matters. She has recently completed major research on ex-prisoners, accommodation and social reintegration. Eileen has been active in using research to argue for policy change in the NSW criminal justice field for some years.

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. All new prisons are virtually unbreakable. Built out of products like perspex, concrete and steel that have no flexibility and ensure that the prisoners of today take the full brunt of all Department of Corrective Services institutional failures.

Parents on the inside leave children on the edge
They have been dubbed the forgotten generation - the innocent casualties of their parents' crimes. New research shows that in 2001 14,500 NSW children had a parent in jail. And 60,000 NSW children under 16 have experienced the incarceration of a parent, more than half enduring the trauma of separation before they turn five.

New video to create empathy in violent criminals?
Violent offenders in New South Wales prisons will be the audience for a new video put together by the victims of crime group, Enough is Enough, but nothing from the ex-prisoners, support groups, like Justice Action, because they don't rate?

Junee Prison, NSW Parliament and Noble Cause Corruption
I have not been charged with any offence. The first thing I knew was when they (the Intel officer) at Junee had me called to reception. I was then told that I was going to segregation for good order and discipline.

Beyond Bars: Sentencing reform
A spokesperson Dr Tim Anderson said, " The law reform commission was too gutless on this a few years back but re-introducing remissions (perhaps under another name) would be a valuable move best wishes".

The Australian Institute of Criminology has released the National Deaths in Custody Program annual report for 2002 Between January and December 2002, there was a total of 69 deaths in custody in Australia. There were 50 deaths in prison custody and 19 deaths in police custody and custody-related police operations.

Yatala Labour Prison Adelaide Going Backwoods
I'm a prisoner in south Australia (Adelaide), Yatala Labour Prison, I'm 39 years old with only two and a half years spent in the community since the age of 13. I came into the adult prison system in 1985; I was released in 1998 only to re-offend. I'm now doing 30 years with a 16-year non-parole period, as it's truth in sentencing in our state and there is no remission. My release date is 2016.

Inspector General of Corrective Services Debate
Below is our response to Justice Minister Hatzistergos' comments in a debate in Parliament on July 2, 2003 regarding the impending decision about the future of the Inspector General of Corrective Services in NSW.

Hatzistergos: The Daily Telegraph's prison mates
Who convinced a prisoner on periodic detention to take a mobile phone into prison to take a photo of Rene Rivkin? The prisoner said no and contacted the Daily Terror to say no.

PRISONERS OFFER OF RECONCILIATION
Premier Bob Carr, Deputy Premier Andrew Refshauge, Senator Aden Ridgeway, and other community representatives have been invited to receive the message from the men of "The Hole.

Goulburn Solitary Confinement: Midnight Special
If you ever go to Goulburn HRMU yeah, you better walk right, you'd better not breathe and sure thing better not fight. The next thing you know the SCU gonna arrest you and Rotten Ron send you down and you can bet your bottom dollar Lord, you'll be chaingang bound.

Carr defends prison handling of political PRISONER
Bob Carr should be ashamed of himself after giving the prisons Commissioner Rotten Ron Woodham another filthy job setting up Phuong Ngo as one of the most dangerous prisoners in the State.

How the QLD Dangerous Prisoners Act failed the first test
What is dangerous? Everyone is dangerous naturally it really depends on how far a person is pushed. Standing on a mountaintop with someone walking you backwoods towards the edge would promote fight or flight and if there is nowhere to fly but over the edge you may choose to respond. When a person breaks the law they lack social skills or are repressed into breaking the law.

Prison rehab programs in 'disarray': Opp
The New South Wales Opposition says rehabilitation in the state's prisons is in disarray. But the states prisons could never rehabilitate in the first place. So how can it be in disarray? The space station as it is known cannot rehabilitate because it's only a dot on the community map, as it were, in relation to how people were raised.

RESPONSE TO REVIEW OF INSPECTOR GENERAL OF PRISONS
Justice Action calls for the retention of the office of Inspector General and a restructure of the legislation making it truly independent.

Old bureaucrats to say whether they felt there should be an effective inspector of bureaucrats?
JA is urgently working on a response to the 31 page review of the position of the Inspector General of Corrective Services position released by the Minister on10/6/03.

High Risk Management Unit (HRMU) INSPECTION
This letter is to request permission for an independent inspection team to examine the 75-cell HRMU at Goulburn Jail. The proposed inspection team consists of specialist doctors, jurists, members of the Corrections Health Service Consumer Council and prisoners representatives.

MJA - BBCD Outbreaks in NSW prisons
Seems some of our friends in & around Corrections Health Service (CHS) were able to take advantage of a couple of recognised cases of needle sharing by HIV positive prisoners to gather data for a study.

Intractables
As an ex-Grafton intractable (1971-1975) and the only living ex-prisoner to have served the longest time inside Katingal (1975-1978) I feel qualified to offer the following personal observations:

Intolerable Conditions of Prisoners at Goulburn's HRMU
We wish to with respect, level a serious complaint against the Chief Executive Officer, Corrections Health Services, Dr Richard Matthews.

NSW death in custody, false imprisonment, and assault
Knight's case sparked headlines after it emerged that his suicide in John Moroney Correctional Centre [prison] in Sydney on January 22 occurred 18 days after his official release date.

Victorian (Australia) Juvenile Deaths in Custody & Post-Release has just been published on the British Journal of Medicine Quotes (BJM): "The risk of death was nine times higher in male offenders than in the reference Victorian male population. Although the estimate is unstable because of the small number of deaths, female offenders seemed to be about 40 times more likely to die than the reference Victorian female population."

The Criminal Law (Rehabilitation of Offenders) Act 1986 Qld
The Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld), requires that any person who has committed an offence which is less than 10 years old or which resulted in a prison sentence of more than 30 months, must disclose that offence if requested eg. for employment purposes. If a criminal record is disclosed in a job application, it is unlikely that person will be given the job.

NSW Serious Offenders Review Council
In response to a letter we have received from Mr K C who has said that he is serving 24 years and 10 months commencing on 29/8/1991 with his earliest release date being 28/6/2016 with 4 years parole and full time 28/6/2020. He said that he contacted the Serious Offenders Review Council in writing but received no response.

Justice Action's complaints about ACM to the NSW Ombudsman fell on deaf ears The Federal Government is reviewing allegations that the company it pays to run Australia's detention centres the same company who runs Junee Jail in NSW has fraudulently reduced staffing levels in at least one centre to increase its profits.

Token Parole Board reforms silent on Govt bungle
The Carr governments token reforms of the Parole Board are minimalist and still fail to explain the election cover-up of mismanagement, which contributed to an inmate's [a prisoners] death.

PAROLE BOARD REWARDED? FOR DEADLY MISTAKE
The Justice Minister has released government reforms to the Parole Board following the death of an aboriginal inmate, which was due to a Parole Board error.

Sentencing innovation breaks vicious circle of jail terms
"Three months' jail for one punch in a pub fight is too much," said the victim. The victim's comment counted because he and the offender, Robert Bolt, a Nowra Aborigine, were making history in the first case of circle sentencing, a new way of deciding punishment for indigenous offenders.

Letter from the mother of a prisoner on remand at the High Risk Management Unit Goulburn Correctional Centre I am writing to give you permission to make any inquiries on my behalf as I am invalid pensioner who doesn't drive and been only well enough to travel by train once in 15 months to see my son Scott Simpson. I have enclosed a copy of Scott's letter and also a copy of gaol papers form I have to fill out and wait to see if I'm allowed in to see him. He doesn't get any visits. He is in the Supermax and deprived of any privileges not even legal Aid will fund a solicitor to see him in Goulburn.

WA Jail trade in 'sex for favours'
THE West Australian Government has ordered an inquiry into claims guards at Perth's main women's prison are trading favours for sex, and encouraging inmates to form lesbian relationships.

NSW prisons over-crowded. Gov't orders investigation into death in custody
In January this year, a 23-year-old Aboriginal prisoner was found hanging in his cell in a Sydney jail 18 days after he was due to be released.

Yes Minister: 'Justice Action meets John Hatzistergos Justice Mininster' We have taken a few days to pass this on, as we wanted clarification of the minister's statement about the purposes of imprisonment before publishing it.

Beyond Bars Alliance colleagues
There are certainly problems with the IG's terms of reference and the position is not nearly as strong as it should or could be but it should not be lost it should be strengthened (along the lines of the UK IG of Prisons) to provide an independent voice to the Parliament regarding activities and processes that otherwise happen behind prison walls.

Submissions for Review of Inspector General
There is a very serious attack happening on the office of the NSW Inspector General of Corrective Services. A secret and flawed review is taking place at this moment, and we call upon all individuals and organisations interested in the area to make their views known.

Two thirds of a billion dollars and DCS can't work out what authority they have? "Two thirds of a billion dollars of taxpayers money and the Department of Corrective Services can't work out what authority they have to hold the people who are in jail."

Australia: Private Prisons, Junee NSW
When I got to Junee I was given nothing except bed linen. That's it! No clothing. I had to put my name down for clothing, which they said I could get on Saturday. When I went down to get my clothing on Saturday I was told they had nothing but I was told that I could buy what I wanted on their monthly buy-up. In the mean time I got rashes between my legs from the dirty clothes I had on.

Justice Action meets with new Minister for Justice
John Hatzistergos Minister for Justice is meeting with Brett Collins and Justice Action today at 11:30 a.m.

ARUNTA PHONE SYSTEM: IDC Lithgow Prison
The prisoners of Lithgow Correctional Centre have requested that the Lithgow Inmate Development Committee write to you on their behalf and ask that the phone systems heavy burden upon the prisoners at this institution and their families be reviewed. I will outline the problems.

Health problems denied in prison
Lithgow Correctional Centre (IDC) Inmate Development Committee "Currently there are 72 inmates on the doctors waiting list with only one doctor coming fortnightly and usually on a weekend".

NSW Prisons Inmate Development Committee speaks out
I am writing on behalf of the IDC Inmate Development Committee in area 3, MSPC at Long Bay. Area 3 is where, the Department is congregating minimum-security offenders within maximum-security walls whilst awaiting mandatory programs at Cubit (Sex Offenders Program).

THE GULAG TREATMENT - The Trauma Of Court Appearances When Incarcerated Prisoner transport vehicle 10th January 2003 It's about 4.40am, very darkoutside and although I'm expecting it, it is still intrusive when my dreams are interrupted by the sound of my name, it is the officer checking that I'm awake ready to face the long day ahead.

Sir David Longland Correctional Centre
If it were possible to characterize the term B Block attitude in a modern dictionary, it would read something like "demeanor of inhabitance" or "state of mind or behaviour of occupants".

SIR DAVID LONGLAND CORRECTIONAL CENTRE QLD - CELLS IN B BLOCK The cells in B Block are like no other in any Queensland prison. After Mr. Cooper was severally embarrassed by the Abbott and Co escape on 4th November 1997, he visited B Block and the surrounding grounds. It was that visit, by Cooper, that set in motion a plan (up the ante) to make sure security in B Block would never embarrass him again. It was like closing the gate after the horse has bolted.

Inspector General Ignored On Womens Prison
Four months after a report from the Inspector General on Mulawa Correctional Centre, key recommendations involving safety and welfare of prisoners and staff have been ignored. Kathryn Armstrong (former chair of Inmate Development Committee) and Annabel Walsh, released from Mulawa Womens Prison in February, have produced an independent report confirming the findings of the Inspector General.

Distribution of: 'How to Votes in prisons'?
Justice Action have received information from Andrew Burke of the NSW Greens that they have enquired with the Department of Corrective Services as to the procedure for distributing their How To Votes in prisons in the period before the election.

Getting Justice Wrong DPP make full admissions
Back in May 2001 Nicholas Cowdery QC made an error at law by giving a speech called Getting Justice Wrong at the University of New England, Armidale Thursday, 31 May 2001. Sir Frank Kitto, Lecture now published at the DPP website. At page six, paragraph 3 under the heading:

NSW ELECTION 2003: VOTE 1 GREENS
Inspector-General: The Greens believe that the role of the Inspector-General is crucial to the proper functioning of the prison system. It has never been more important to have a powerful watchdog role than today. Section 3.11 of our Criminal Justice Policy commits the Greens to "strengthening the role of the Inspector-General of Prisons."

Long Bay Prison: The latest inside story
Private food purchases called Buy-Ups that normally take care of the prisoners additional food nutrition in Jail has been changed.

Doing time even harder: 146 prisoners far from home
The United States, however, has detained without trial about 650 men from 43 countries. They include Australians David Hicks and Mamdouh Habib, who are held at the Guantanamo Bay naval base as part of the sweep against global terrorism [scapegoats for the Coalition of the Killing's, pre-emptive strikes, occupation and genocide for resources in the Middle East.]

Human Rights 'Framed'
Here is a quick report on our Human Rights Commission approach on Framed (the quarterly magazine of Justice Action) being banned from all NSW prisons. After 42 issues went in.

Prison Privatisation: Death camps looming in NSW
I asked for the identification of the person I was speaking to and was told that I was not entitled to that information. I needed to verify the call and asked for a name or number to register my call because I was asked to get those details by my coordinator.The person refused to identify themselves either by name or number. I asked to be transferred to a senior person and was refused. The person I spoke to then hung up the phone.

Corrections Victoria and criminal acts: SCS-4\320 UPDATE
You have stated "Section 30 of the Corrections Act 1986 and the Information Privacy Act 2000, restricts the release of confidential information regarding prisoners, I therefore am unable to provide any information regarding this matter."

Death camps looming in Victoria
A letter was received on 15 January 03 from SCS-4\320 a remand prisoner in Victoria's Barwon Prison I later found out that the prisoner was in the Acacia High Security Unit.

Take crime talk beyond the bars:'lobby group'
A coalition of academics, crime experts, welfare and church groups is preparing to launch an intensive pre-election campaign aimed at refocusing the attention of NSW politicians from harsh sentencing reforms to crime prevention strategies.

Six weeks, six months, six years: inmates have little chance of making fresh start More than 15,500 people are released from NSW prisons each year, twice the number of 20 years ago. But new research shows many ex-prisoners find it impossible to reintegrate into society and, months after release, are worse off than before they went to jail.

NSW A-G moves to stop criminals and ex-criminals selling stories
From next month criminals or ex-criminals who try to profit (earn a living for paid work, like writing a book etc..) from their crimes in New South Wales will have the proceeds confiscated.

NSW Govt criticised over criminal justice record
Key criminal justice groups have described the New South Wales Government's record on justice issues as a "disappointing performance".

APPOINTMENT OF KLOK IS: 'DECLARATION OF WAR'
The decision of the Carr government to appoint John Jacob Klok as the new Assistant Commissioner for Corrective Services in charge of security represents a statement of contempt to all those concerned about law and justice in NSW.

Prisoners Representatives Excommunicated
Ron Woodham, Commissioner Corrective Services stated "[this Department] does not recognise Justice Action as an advocate on correctional centre issues." He has ordered a ban on all Justice Action material inside the NSW prison system. This resulted from a request for the approval of the latest edition of Framed (the Magazine of Justice Action) to be distributed throughout NSW prisons as has occurred for the past ten years.

Dept of Corrective Services: Rotten Ron Woodham on the ropes
This is The Freeedom Of Speech and The Press in a goldfish-bowl! Herr Goebells has spoken. Zieg Heil! (Which means, actually: "aim-for health!" incidentally)Apologies for not making meetings ... my first experiences with Woodham (then a -screw-gestapo-minor-with-a-friendly-dog - AND YOU KNOW WHAT IT MEANS WHEN EVEN HIS DOG DOESN`T LIKE HIM?)

At the Minister's Pleasure The case of Michael Kelly
Michael is caught up in a particularly cruel version of the game of Cat and Mouse. Because he is classified as a forensic patient under the Mental Heath Act of NSW, the Minister for Health is his master, not the Minister for Corrective Services. And the Minister for health will not let him go.

EX-PRISONER UNEMPLOYMENT: SENTENCED FOR LIFE
Name removed by request served time in prison decades ago. Shes still being punished today. According to commonwealth and state legislation, ex-prisoners applying for jobs must declare any conviction that fits into the following categories: less than 10 years old, more than 10 years old but served more than 30 months in prison.

ARE YOU INNOCENT?
The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.

RESTORING TRUE JUSTICE:
Australian prisons are fast becoming the new asylums of the third millennium. The prison industry is booming, while Australia spends far less on mental health services than similar countries.

Medical records Alex Mitchell's lost world
Perhaps we can get your medical report and spew it around publicly so you can see how it feels. But surely we do not have to go that far. And of course we are law-abiding citizens and I should think it would be enough to remind you of your ethics to report at all.

NSW Department of Corrective Services attack right to privacy
Corrective Services Minister Richard Amery has a problem attacking prisoners right to privacy.It seems to us that a civil society is best served when social justice laws are applied to all people regardless of their circumstances. Once government starts making exceptions which disadvantage certain groups and individuals, such laws are meaningless.

Litigants are drowning: in the High Court
There were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.

Everyone wants to get out of 'jail' but 'Framed' wants life: Rotten Ron on the ropes On 2 May 2002, Justice Action received a faxed letter from Manager of DCS Operations Support Branch saying that, in his view, articles in Framed edition #42 'lack balance and integrity' and he is therefore 'not prepared to recommend this issue of Framed for placement in to correctional centre libraries.' Prisoners and those concerned about prisoner issues have very few sources of information.

Methadone addicts formed within: 'NSW Prisons'
The New South Wales Opposition has accused the State Government of turning jailed heroin users into Methadone addicts.

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.

Prisoners can prove innocence for $20?
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

NSW opposition pledges review of detention laws
A spokesperson for Justice Action Ms Anal Advice said " NSW Prisons are a sex offence if you have been raped, bashed and squatted down to be strip searched. People should be diverted from going there at all material times".

Civil libertarians condemn planned changes to prisoners' privacy rights The New South Wales Government is using a recent case involving [framed] serial killer Ivan Milat to justify its decision to remove the privacy rights of prisoners. But really just another attack on Ivan Milat from Parliament House.

The punishment: Is the 'crime'
The punishment is the crime according to retired chief Justice of the Family Court of Australia Justice Alistair Nicholson. "Smacking a child ought to be seen as assault".

NSW prisons - primary industry bailed up!
In many quiet regional centres around NSW there is a new primary industry shaping up. It has something to do with Bail but not with bales. The minister for Agriculture Richard Amery who also has the prisons portfolio is now committed to farming prisoners.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Prison Mind Games-Do they exist?
Directives are given inside the prison system that are not consistent with the law in NSW. And not in the good interests of the health and well being of the prisoners.

The Government is likely to abolish the Inspector General of Corrective Services position The Mulawa inspection report recommendations below strictly illustrate how important he is.

Chronology - A History of Australian Prisons
[Allegedly:] The events that have shaped NSW prisons - from convict days through royal commissions, to the Supermax of today. [I say allegedly because no one should trust Four Corners [Walls], why? Because they spill out the propaganda of the day for the Government, whether it be wrong or right. A government that lies and has no remorse about it.]

Justice Action
Justice Action is a community based organisation of criminal justice activists. We are prisoners, academics, victims of crime, ex-prisoners, lawyers and general community members. We believe that meaningful change depends upon free exchange of information and community responsibility.

Beyond Bars Alliance colleagues
I imagine all of you received Justice Action's email yesterday regarding the position of Inspector General of Corrective Services.

Community Restorative Centre
NSW spends more than half a billion tax dollars a year on prisons. It costs $60,000 to keep someone in maximum security for a year: more than double the minimum wage. CRC looks for and implements better solutions to the high social and economic costs of crime.

Sisters Inside Inc
Sisters Inside Inc. is an independent community organisation, which exists to advocate for the human rights of women in the criminal justice system, and to address gaps in the services available to them. We work alongside women in prison in determining the best way to fulfil these roles.

Smart Justice
Smart Justice does not support any party but calls for investment in prevention, alternatives to custody and initiatives that tackle the causes of crime. It is important to dispel the myths about 'law and order' and promote real solutions to crime and violence.

Shine For Kids
What happens for a young person who has a parent in prison?
There are a lot of consequences for children or young people who have a parent in prison. During Groupwork the kids themselves have identified as being:

Children of Prisoners' Support Group
Children of Prisoner's welcomes Ann Symonds as our first Patron at this years AGM and screening of "The Space in Between" video , and will have a visual display to demonstrate the invisible population of children effected by parental incarceration.

Thursday, July 8, 2004

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,

The US supreme court's two rulings that terrorist suspects, [? scapegoats and patsies for the Coalition of the Kiling's resource war's in the Middle East], held at Guant‡namo Bay and in America must have access to the US courts are among the most remarkable in the long history of that famous institution.

The positive implications for the hundreds of internees held by the US across the world have yet to be clarified but will be immense. The chance to argue their cases is almost certain to lead to the release of hundreds of detainees, [prisoners.] Already the habeas corpus applications have started to roll in, and the, [war criminal], Bush administration seems at a loss as to what to do. [?]

The rulings will go a long way towards restoring the credibility both of the judiciary in the minds of the American public and, more importantly, of the US system of government in the eyes of the world.

What the supreme court justices have said will make the shallow metaphor of an unending "war on terror", [war on freedom to steal resources], far harder to sustain, and may even hasten the end of an administration which this very same court effectively appointed nearly four years ago when it stopped the Florida vote recount.

In the first of the two cases, brought in the names of Rasul and Al Odah, two Australian and 12 Kuwaiti citizens challenged their detention, [imprisonment], in Guant‡namo following their capture, [kidnappings and renditions], abroad during hostilities between the US and the Taliban. [During the pre-emptive strikes on the sovereign nation states of Afghanistan and Iraq.]

Their attempt to challenge the legality of their detention, [imprisonment], before an independent tribunal and to obtain access to counsel floundered in the lower federal courts. The reason was a supreme court decision from 1950 concerning German prisoners who had been captured and convicted of war crimes in China and had then been imprisoned in occupied Germany (Johnson v Eisentrager).

That case appeared to establish unequivocally that aliens detained, [imprisoned], outside the sovereign territory of the US may not make a habeas corpus application to try to secure their release. It must have been a shock to the administration when the supreme court even decided to take the Rasul and Al Odah cases on, despite such clear authority - the first sign that events in the courtroom were spinning out of control.

Delivering the court's opinion - reflecting the votes of five of the nine justices - Justice John Paul Stevens made a point of distinguishing between the two situations: the citizens in the case before them were from countries not at war with the US; they had denied being engaged in or plotting acts of aggression against the US; they had never been afforded access to any tribunal, much less been charged with and convicted of any wrongdoing; and the territory in which they had been imprisoned was a place over which the US exercised exclusive jurisdiction and control.

To destroy the authority of Eisentrager without simply and crudely overruling it, Stevens had to engage in some characteristically nifty judicial trickery, finding a different basis for habeas corpus - one rooted in federal law rather than the constitution - which the earlier case had not thought to explore. It was this reasoning that particularly inflamed the three dissenting judges, William Rehnquist, Antonin Scalia and Clarence Thomas, and caused the ninth member of the Bench, Justice Anthony Kennedy, to set out his own, rather different reasons for agreeing with the majority.

Why did the supreme court, in the apt words of Scalia, Dick Cheney's shooting companion, spring "a trap on the executive, subjecting Guant‡namo Bay to the oversight of the federal courts even though it has never before been thought to be within their jurisdiction - and thus making it a foolish place to have housed alien wartime detainees, [prisoners],"?

The first explanation probably lies in quite how extreme and egregious the administration's policy was, cutting the judiciary out completely in a way that was far worse than what had happened even after the second world war, and in the process making no concessions whatsoever to even the modest concerns of mainstream judicial opinion.

In the Hamdi ruling, decided at the same time as the Guant‡namo case, the majority of judges saw off the administration's claim to be able to hold "enemy combatant", [scpagoats and patsies], US citizens indefinitely and without any due process.

This time the majority was eight to one, with the usually reliably conservative Scalia, incongruously joined by the liberal Stevens, penning a remarkable and eloquent attack on administration policy.

Only a patent political lackey on the bench could go as far as the executive demanded, and it is part of the wider ineptitude of the, [war criminal], Bush presidency that it forced its friends into such a corner. When only the George Bush Sr-appointee Clarence Thomas is on your side you know you are in deep trouble.

Second, and perhaps in these cases even more importantly, lurking in the shadows thrown by the legal analysis of the issues was the horror of Abu Ghraib.

In the US, even strong supporters of the war on terrorism, [war on liberty for resources], and indeed of the Bush presidency, have been shocked by what the policy of torture, now clearly seen to have been instigated at the highest levels of the administration, says about the claim to hold people beyond the reach of the law.

It no longer seems such a mystery why the authorities have been so keen to keep their prisoners from even a modicum of independent oversight. American legal culture, in the form of these supreme court justices, is not remotely near being so craven as to allow such conditions to continue, and unlike the state department and the decent, [?] mainstream military, by a happy quirk of constitutional history it can actually do something about it.

Third, there is the increasingly evident emptiness of Bush's self- declared "war on terrorism", [war on liberty for resources.] Of course the justices recognised that there have been atrocities and that they continue to occur, need to be prevented and, when they happen, to be punished. [Like the USA, CIA reichstag, call to arms, false flag operation September 11.]

But to secure counter- terrorism powers, [draconian laws], on the basis of fighting a war, [pre-empting a war], is to require oneself to be disciplined, [a war criminal], by (as the court's opinion in the Hamdi case put it) an "understanding" which must be "based on long-standing law-of-war principles". [Not illegal and degrading war crimes against humanity.]

Delivering that opinion, Justice Sandra Day O'Connor then added a very significant rider: "If the practical circumstances of a given conflict are entirely unlike those of the conflicts that informed the development of the law of war, that understanding may unravel." True, speaking for the court, O'Connor then immediately added, "But that is not the situation we face as of this date," but the Bush team has been warned. This blank cheque may be about to bounce..

These two judgments represent an important benchmark in the fight back against executive excess that has been initiated in the US and has also been evident here in the UK.

It has always been quite wrong to equate the plight of the detainees, [prisoners], under our Anti-terrorism, Crime and Security Act, [draconian laws], with those held in Guant‡namo, but that does not mean that their detention, [imprisonment], without trial on an indefinite basis is not wholly wrong.

It remains as cruel, unnecessary and as dangerous now as it was when first introduced. The alleged need for such effective internment was exposed by a coruscating report from a committee of distinguished privy counsellors at the end of last year. Perhaps emboldened by this report, the special court (SIAC) charged with overseeing our detention, [imprisonment], system has begun to flex its muscles.

In October the whole discriminatory basis of our detention, [imprisonment], system, allowing only foreign nationals to be held but exempting the rest of us, will finally come to be reviewed by the House of Lords for compatibility with the Human Rights Act. As in the US, our post-,[USA, CIA, reichstag, call to arms, false flag operation,] September 11 anti- terrorism laws, [scapegoat and patsy draconian laws], lapse: here it will be in November 2006. In the absence of a sharp upsurge in terrorist violence, [? State sanctioned terrorism,] there is room for cautious hope that the principles of civil liberties and respect for human rights have some moral mileage left in them.

The last word deserves to be left with the US supreme court from its judgment on Hamdi delivered by one its most conservative members, Sandra Day O'Connor: "It is during our most challenging and uncertain moments that our nation's commitment to due process is most severely tested; and it is in those times that we must preserve our commitment at home to the principles for which we fight abroad." Let us hope the law lords - and law lady - are listening.

-Conor Gearty is professor of human rights law and director of the Centre for the Study of Human Rights at LSE, and a member of Matrix Chambers. He will speak, with attorney general Lord Goldsmith and solicitor general Harriet Harman, at a Society of Labour Lawyers public meeting on Fighting Terror and Preserving Human Rights, at 6.30 in committee room 6 at the House of Commons.

-Gregory Kable is a mentor and peace activist in the community and director of communication at the anti-zionist instiute of calling a spade a spade and telling it like it really is. No he is not the rulling class or any lord as such but a peasant in the real world of despotism in the 21 century. Remember the Common Hood.

By Conor Gearty and edited by Gregory Kable posted 8 July 04

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