Bad advice SHOULD be rejected.

 

Bruce

 

 

http://www.smh.com.au/news/national/advice-over-tough-rules-for-terrorism-su
spects-rejected/2007/01/18/1169095908966.html

 

Advice over tough rules for terrorism suspects rejected

THE NSW Minister for Justice, Tony Kelly, has rejected advice that the
state's treatment of terrorism suspects in jail may be unlawful.

Last year Peter Moss, QC, head of a committee that advises on serious
offenders, told the Government that the classification of unconvicted
terrorism suspects as AA prisoners might be ineffective.

The classification - the state's highest - means the prisoners' mail is
opened and copied, their calls are monitored, they are handcuffed, wear
orange overalls and can be segregated.

Mr Moss, a former judge, told an upper house inquiry he was concerned about
the validity of a law that treats terrorism inmates on remand - who have
been refused bail or failed to meet bail conditions - as serious offenders.

Another former judge, David Levine, who has replaced Mr Moss as head of the
committee, told the Herald yesterday: "The AA/Category 5 classification is a
matter of importance and concern . and is still receiving continuing
consideration, especially from the three judicial members of the Serious
Offenders Review Council."

The Council for Civil Liberties was concerned the law infringed
international human rights obligations. "In international law, national
security is not a legitimate ground upon which to discriminate against
remand inmates," it told the inquiry.

The inquiry, chaired by a Labor MP, Amanda Fazio, noted the concerns and
last year recommended that the minister review the AA/5 remand
classification. But Mr Kelly this week rejected the call and said remand
inmates could pose as big a security risk as convicted terrorists.

In a written response to the inquiry's report, Mr Kelly said: "The
classification is based on risk. No evidence has been produced to suggest
that a risk to national security can only arise from a convicted inmate and
not from a remand inmate; or that the risk from a convicted inmate is
greater than a risk from a remand inmate."

Last year, during the trial of Faheem Khalid Lodhi, convicted of planning to
blow up the electricity grid, a Supreme Court judge said that Lodhi's AA
classification had resulted in harsh conditions.

The Greens MP Lee Rhiannon said AA prisoners were the "David Hickses of
Australia".



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