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Legal Herald - by Craig Hill

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Are the Anti-Terrorism Laws in Australia Working?

July 8th 2007 10:27

photo by Xandert courtesy; www.morguefile.com

The arrest this week of Gold Coast Doctors Mohammed Haneef 27, and Dr Mohamed Asif Ali 26 in relation to the failed bombing attacks in London and Glasgow Airport has once again raised issues over the Anti-terrorism laws in Australia and whether or not they are too harsh. At this moment Dr Mohammed Haneef is still in custody while Dr Ali was released by the Australian Federal Police and simply told to go about his business “as usual”. But can you simply go back to the community after you have been accused of terrorism? For example it is unclear if Dr Ali can return to work. Similarly last year an Art teacher was arrested for having explosives piled up in his house which led to police sweeping in and arresting the teacher for fear that he was “planning an attack”. Many claim that the Anti terrorism laws implemented in an effort to safe guard Australia against terrorism is simply too “heavy handed” and that we should not forget the writ of Habeus Corpus. The writ of Habeas Corpus is a petition filed with a court by an imprisoned person who objects to his own imprisonment. In Brown v. Vasquez the court observed that the Supreme Court recognised the fact that the writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action. Lets hope that if the Doctors are not involved in the attacks that they may go back to their lives........ but it seems very unlikely.

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Comment by David

July 8th 2007 11:05

What are the Terrorism Laws in Australia?

Comment by Ahmed

July 8th 2007 11:12

Video Gamer Kids
Little Green Foosballs
PolyKicks

They're not working yet because they aren't in fujll effect. When you for the first time are scared of your government and not before election time, then it's working.

Comment by Damo

July 8th 2007 11:50

They must be working just like the anti tsunami laws.
We haven't had tsunami yet. But I feel safer that if any tsunami can be arrested before it reeks havok.

Elevating the staus of the laws to god like powers only elevates the criminal to an immortal fighting Titans.

Crime should be treated like crime so that the criminal does not get the status of a soldier. Due process humiliates the crime for what it is. Special laws make the crime heroic.

Comment by Stanley

July 8th 2007 14:11

my basic understanding of the terror laws are as follows:

* some of the anti-terror laws can hold australians in detention or house arrest without charge.
* laws that restrict what can be said in open court even as part of an individuals defence. in the sedition laws this would also restrict public comment.
*non-suspects can be detained up to 7 days and forced to reveal whatever they know about terrorism. there is no right to silence and by not answering any of questions from asio is punishable with up to 5 years of jail.
* 2 years after detention if you reveal information about the aforementioned action that is also punishable with 5 years imprisonment, even if it is part of a media story.

these are the ones that i know of.

oh, good comment damo! haha

Comment by Damo

July 9th 2007 01:03

Pretty good summary Stanley.
Basically they are law that best suit a despot dictator than a legal system based upon justice.

Comment by Lilla

July 9th 2007 01:11

From The Home Front
Enviro Warrior
Dream Herald
Esoteric Bookshop

Joy,

I agree it's always after the fact, isn't it?

There is one law that disturbs me and that is that any suspect, even juveniles can be detained for up to seven days, with out justification and explanation...

What?

Is that allowed in a democracy which supports human rights?

Pah!

Lilla

Comment by Ahmed

July 9th 2007 03:03

Video Gamer Kids
Little Green Foosballs
PolyKicks

They wanted to make it legal for law enforcers to strip search children too, though that got thrown out.

Comment by Joy Grunenwald

July 15th 2007 22:25

To all the comments; Your comments are valued. I agree that we all need protection and this article just wanted to highlight the fact that sometimes the pendulum swings too much the other way. Yes, it is good to have anti-terrorism laws but what if you are innocent? can you just go about your business? Joy

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