President Obama began his reign as the hope of the civil liberties movement, but he ends a four-year term with a worse record than the President Bush he followed. Obama's remorseless assault on basic rights in America, Bernard Keane says, sets the tone for continuing loss of liberties and freedoms in Australia and globally as drone kills, loss of free speech and mass surveillance become 'normalised'.
I see that persistent apologist Jim Unkles is pushing new Attorney-General Nicola Roxon to act on pardoning the Boer War multiple murderers Harry Morant and Peter Handcock. He is offering to "brief her – that is, present his version of the 1901 court martial – claiming a miscarriage of justice took place in 1901.
Editor, West Australian: The Prime Minister is obliged to support a Presidential clemency for Andrew Chan, an Australian citizen, in Indonesia. In doing so, she is supporting the UN Human Rights Charter which advocates all nations abolish capital punishment, which Australia has done.
Imminent new extradition and mutual assistance laws should incorporate the strong recommendations made by the Joint Standing Committee on Treaties, at CLA's instigation, for Australia to monitor and report to Parliament annually on the subsequent fate of people we extradite. Currently, like Pontius Pilate, we wash our hands of these people. So far the government has ignored JSCOT.
Illinois has become the 16th US State to abolish the death penalty. The considered reasons, explained by Governor Pat Quinn who agonised for two months before signing the bill into law, are worth a closer look.
Young Australians linger apprehensively on death row in Bali, awaiting a final judicial appeal ruling, out of sight and mind, Alexia Hall says. Australia should be campaigning widely for a death penalty-free region, and engaging directly with Indonesia to spare the lives of three of the Bali Nine.
A court ruling in the USA has opened the way for President Obama to order the assassination of Julian Assange – or even an American citizen – without trial, without conviction. To thwart extremists labelling Assange a "terrorist" and calling for his killing, the Australian Government should seek a public assurance from the President that he will not order the CIA to act "with extreme prejudice".
Barristers, solicitors and many others - including CLA - are worried at the proposed peremptory lowering of the bar in proving murder charges in the Australian Capital Territory. Here barrister Shane Gill gives an excellent rundown on why the proposed changes would remove long-standing legal safeguards.
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Link: http://www.courts.sa.gov.au/courts/coroner/index.html
The SA post mortem and coronial inquiry system is creaking under the weight of insufficient forensic experts available, not enough money for adequate professional staff, and paper and filing systems more suited to the 19th century. Average delay for inquest completion is about three years. In his 2007-8 annual report, SA Coroner Mark Johns explains what needs fixing, and also makes far-reaching recommendations with national impact.
CLA has launched a campaign to stop the Rudd Government imposting mandatoring internet filtering - censorship - on adult Australians' access to the internet. The campaign consists of a new website - http://www.censorfree.com.au/ - and a series of events, activities and media releases to be rolled out over the coming few months.
The government wants to stop children accessing pornography, a move CLA is entirely in agreement with. But the government has backed down on a promise to do so under an 'opt-in', voluntary system for parents, and instead plans to impose mandatory censorship, cutting adult Australians' access to information (and dramatically reducing internet speeds as a by-product).
As the Australian Government gets ready to censor the internet, CLA is fighting back with 'Action Email Cells' - groups to take the fight to the government. (See Home page article, and lead story in newsletter).
Meanwhile the November newsletter also covers the annual reports of ASIO and the Australian Federal Police, who have notched up more than 1000 complaints against them in the past year, including 19 at the very serious end of the scale.
An Australian Parliamentary Committee is proposing sweeping changes to previous laissez-faire policies which expose Ausralians to the death penalty overseas, and also ignore what happens to people we extradite to other countries. Civil Liberties Australia is responsible for both these proposed positive changes to Australian Government policy.
The United Arab Emirates has shari'a law and a penal code sometimes inconsistent with Australia's laws and codes, CLA is saying to the federal parliament's Joint Standing Committee on Treaties. For that reason, the responsible Australian Minister should be legally required to give detailed consideration to whether extradition is appropriate when the death penalty or other cruel or unusual punishment is the possible result.
Link: http://jurist.law.pitt.edu/paperchase/2008/01/afghan-journalism-student-sentenced-to.php
CLA has asked Foreign Minister Stephen Smith in writing to lodge a protest against the sentencing to death of an Afghani studying journalism at uni. Australian troops weren't fighting for a democracy that won't allow students to explore information at uni, CLA President Dr Kristine Klugman said.
Link: http://www.cla.asn.au/Articles/080125_Afghan_student.pdf
Australia should campaign vigorously to try to overturn a death sentence due to be carried out on a uni student in Afghanistan for 'discussing women's role in society' using information downloaded from the internet.
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