Skip to main content

The Dangers of Dangerous Laws

Greg Barns, writing in Crikey, is on the money in considering the case of Izhar Ul-Haque thrown out of Court by a NSW Supreme Court with trenchant criticisms of ASIO and its operatives:

"When the Howard government and its allies in the ALP fell over each other in their mad scramble to pass draconian anti-terror laws, there were some wise heads warning that such legislation would open the door to abuse by law enforcement and security authorities of their powers. Well guess what – surprise, surprise – it’s happened.

The decision handed down by NSW Supreme Court judge Michael Adams concerning the case of Izhar Ul-Haque makes for disturbing reading. It’s a case of ASIO officers scaring the bejesus out of an individual in their quest for a result.

Izhar Ul-Haque was charged with training with an alleged terrorist organisation in Pakistan in 2003. ASIO interviewed him three times in late 2003, early 2004 about the matter.

Justice Adams chronicles a disturbing level of intimidation and aggression used repeatedly by ASIO to try and break the will of Mr Ul-Haque

How’s this for example. “At 7.25pm on 6 November 2003, twenty or so ASIO and four or five police officers, all in plain clothes, attended with a search warrant at the home where the accused lived with his parents and three brothers.” Yes, it’s not a misprint – twenty five or more Federal Police and ASIO officers go to this man’s home. What were they expecting to find there – a nuclear arsenal?

The boys from ASIO met Mr Ul-Haque and his 17-year-old brother in a railway station car park on that November day. They told Mr Ul-Haque he was in serious trouble, bundled him into a car, took him to a local park and forced him to answer questions. They took his frightened brother along as well – an action described by Justice Adams as "highhanded".

And here’s what Justice Adams thought of the spooks taking Mr Ul-Haque to a park: “The officers were dealing with a young man of twenty-one years. It is obvious that any citizen of ordinary fortitude would find a peremptory confrontation of the kind described by the ASIO officers frightening and intimidating. Furthermore, the fact that he was being taken to a park rather than any official place would have added an additional unsettling factor. I do not think it can be doubted that this was precisely the effect that was intended.”

And despite having no authority to do so, the ASIO officers gave Mr Ul-Haque the distinct impression that he had to cooperate with them and answer their questions. If he did not, he reasonably assumed they might beat him up or take him to another sinister location.

Then the ASIO officers took him back to his home, kept him in his parents' bedroom and proceeded to interview him again until 3.45 the next morning. None of which impressed Justice Adams who observed, “To my mind, to conduct an extensive interview with the accused, keeping him incommunicado under colour of the warrant, was a gross breach of the powers given to the officers under the warrant. “

No doubt those commentators like Janet Albrechtsen at The Australian will complain that Justice Adams is an interfering busybody and a dreaded judicial activist. But most sensible people would say – thank goodness for gutsy judges prepared to expose rampant abuses of power by the state.

And maybe now our politicians will see with their own beady eyes the post-9/11 monster they have created."

Once again, Attorney-General Ruddock has said nothing following the NSW case to assuage any concerns about an agency under his jurisdiction. So much for the so-called first law officer in the land!

Comments

Popular posts from this blog

Robert Fisk's predictions for the Middle East in 2013

There is no gain-saying that Robert Fisk, fiercely independent and feisty to boot, is the veteran journalist and author covering the Middle East. Who doesn't he know or hasn't he met over the years in reporting from Beirut - where he lives?  In his latest op-ed piece for The Independent he lays out his predictions for the Middle East for 2013. Read the piece in full, here - well worthwhile - but an extract... "Never make predictions in the Middle East. My crystal ball broke long ago. But predicting the region has an honourable pedigree. “An Arab movement, newly-risen, is looming in the distance,” a French traveller to the Gulf and Baghdad wrote in 1883, “and a race hitherto downtrodden will presently claim its due place in the destinies of Islam.” A year earlier, a British diplomat in Jeddah confided that “it is within my knowledge... that the idea of freedom does at present agitate some minds even in Mecca...” So let’s say this for 2013: the “Arab Awakening” (the t...

The NPT (Nuclear Non-Proliferation Treaty) goes on hold.....because of one non-Treaty member (Israel)

Isn't there something radically wrong here?    Israel, a non-signatory to the NPT has, evidently, been the cause for those countries that are Treaty members, notably Canada, the US and the UK, after 4 weeks of negotiation, effectively blocking off any meaningful progress in ensuring the non-proliferation of nuclear weapons.    IPS reports ..... "After nearly four weeks of negotiations, the Nuclear Non-Proliferation Treaty (NPT) Review Conference ended in a predictable outcome: a text overwhelmingly reflecting the views and interests of the nuclear-armed states and some of their nuclear-dependent allies. “The process to develop the draft Review Conference outcome document was anti-democratic and nontransparent,” Ray Acheson, director, Reaching Critical Will, Women’s International League for Peace and Freedom (WILPF), told IPS. “This Review Conference has demonstrated beyond any doubt that continuing to rely on the nuclear-armed states or their nuclear-de...

#1 Prize for a bizarre story.....and lying!

No comment called for in this piece from CommonDreams: Another young black man: The strange sad case of 21-year-old Chavis Carter. Police in Jonesboro, Arkansas  stopped  him and two friends, found some marijuana, searched put Carter, then put him handcuffed  behind his back  into their patrol car, where they say he  shot himself  in the head with a gun they failed to find. The FBI is investigating. Police Chief Michael Yates, who stands behind his officers' story,  says in an interview  that the death is "definitely bizarre and defies logic at first glance." You think?