http://www.abc.net.au/news/newsitems/200503/s1330026.htm

Last Update: Wednesday, March 23, 2005. 1:49pm (AEDT)
 

Most terrorism suspects 'remain free'

By Jeff Waters for The World Today
The director-general of Australian spy agency ASIO says less than 10
per cent of those people associated with Jemaah Islamiah or Al Qaeda
in Australia will ever face court.

Speaking at an international law conference on the Gold Coast, ASIO
director-general Dennis Richardson defended Australia's
often-criticised anti-terrorism laws.

He said Australian authorities faced an uphill legal battle to
prosecute people linked with terrorist organisations.
"Probably less than 10 per cent of people in Australia who have or
have had a substantive involvement with Al Qaeda, Jemaah Islamiah and
other like-minded groups will ever face a court of law," Mr Richardson
said.

"I suspect it would be a similar story in most other countries.
"In many cases, the capacity to obtain evidence sufficient to meet
proper legal standards is beyond reach.
"The great majority of people in Australia who are assessed to have
trained with Al Qaeda and associated groups remain free in the
community because, among other reasons, the relevant laws did not come
into force until July 2002.

"But the community has an understandable expectation that the
Government will lawfully protect it from the potential threat posed by
those substantially involved with Al Qaeda and other terrorist groups
and from those who have undertaken terrorist training.

"Equally, it is important that any action taken against such people -
monitoring or otherwise - is within a proper legal framework.
"Through the ASIO Act, the Australian Parliament has recognised that
it is possible for someone to pose a threat to security without
necessarily being in breach of the law."
Mr Richardson added that further legislation may be needed in the
fight against terrorism.
"We should also keep an open mind about the need to further develop
and make changes to terrorism laws as new issues or challenges are
identified, such as the recent legislation here in Australian seeking
to provide better protection in criminal proceedings for classified
and security sensitive information," he said.

Nonsense

Mr Richardson raised - and then dismissed - the arguments of civil
libertarians who say anti-terrorism laws may impinge upon the freedoms
the Government seeks to preserve and so could be seen as a victory for
terrorists.
"In my view, the notion that such laws constitute a victory for
terrorists is sheer nonsense," he said.
"Their victory lies in the death of innocent civilians, ours lies in
its lawful prevention.

The ASIO director-general accused world governments of seriously
misjudging the threat posed by Osama Bin Laden and said that even
after a series of terrorist attacks, countries took too long to
legislate against terrorism.

"From where I sit, what stands out over the past decade and more has
been the reluctance of countries to introduce laws specifically
targeting terrorism," he said.

"Whatever the debate about the appropriateness of today's response,
what is clear is that the world community did not fully grasp the
emergence of Osama bin Laden and Al Qaeda during the 1990s.
"By any yardstick, the response of the United States and the world
community to what was unfolding during the 1990s was exceedingly
measured and restrained.

"September 11 changed all of that for many countries, including
Australia. For others, it did not.
"For instance Indonesia did not introduce specific terrorism laws
until after the attack in Bali on 12 October 2002, the point being
that by in large countries have pursued legislative measures only
after specific threats and attacks."











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