licence to kill – due process

From Crikey.com

Licence to kill – due process


Christian Kerr writes:

While the proposed “shoot to kill” powers in the draft terror laws are getting the press, surely there are other key threats in the legislation.

The main causes for concern have to be:

The threat to due process – the effective removal of habeas corpus, confronting the accuser and testing the charges;
The reversal of the burden of proof, the reversal of the principle of innocent until proven guilty allowed in the proposed laws and in existing ASIO legislation;
The right to adequate early – and continuing – legal representation; and
Most significantly, the absence of any evidence that the removal of democratic liberties will uphold liberty by reducing or removing the threat of terrorism.
We are being told by politicians that we must trust them and that the changes are needed. This “need” is based on secret evidence provided by government agencies who will be the primary beneficiaries of the increases in power – let alone funding, personnel and other resources – and reduction in accountability the new laws will bring.

This is condescension at its very worst. Arch paternalism. The arguments for secrecy and control without a need for public accountability are those of autocratic, undemocratic, authoritarian regimes both now and throughout history.

The rule of law – which incorporates freedom of speech, freedom of association, habeas corpus, legal representation, no detention without charge and the presumption of innocence until guilt is proved – is exactly what constitutes western democracy.

We diminish it at our peril.

Meanwhile, the Democratic Audit of Australia site at the ANU wraps the terror bills debate, including Jon Stanhope's latest outrage. He has published a review of the human rights implications of the Bill, commissioned from human rights lawyers Hilary Charlesworth, Andrew Byrnes and Gabrielle McKinnon. They conclude that the Bill breaches a number of Australia's obligations under the International Covenant on Civil and Political Rights.