Secret files reveal Howard’s death penalty shame |
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Saturday, 16 February 2008 |
NSWCCL media release: 1/2008
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After two years, the Australian government has finally released confidential documents about Australia’s death penalty policy. The freedom of information documents show that the Howard government deliberately set out to undermine Australia’s opposition to the death penalty.
“Australia has an international obligation not to expose any one in any circumstances to the real risk of execution. What these confidential government documents show is that since 1998 Australia has been deliberately breaching those obligations”, said Mr Cameron Murphy, president of the NSW Council for Civil Liberties.
“In the late 1990s, the Howard government decided that Australia could assist in foreign death penalty cases without a guarantee that no one would be executed. This violates Australia’s international obligations and was a significant break with past practice”, said Mr Murphy.
“The confidential internal documents show that the Howard government made a conscious decision to ‘revise’ Australia’s universal and consistent opposition to capital punishment ‘in light of the government’s strong stance on terrorist offences’ ”, Mr Murphy said.
“After the horrific Bali bombings of October 2002, the Howard government authorised the AFP to collect evidence and statements and to subpoena witnesses to assist in the conviction and sentencing to death of the Bali bombers. Of course, Australia should cooperate to bring terrorists to justice, but it should do so in a manner consistent with human rights”, Mr Murphy said.
“CCL condemns acts of terrorism as gross violations of human rights. The victims of terrorist acts and their families deserve our deepest sympathy and condolences”, said Mr Murphy.
“However, Australia has a longstanding principled opposition to the death penalty. Australia respects the right to life of all individuals – no matter their crime. We should not be assisting in the court cases of people who could be executed”, Mr Murphy said.
“The confidential documents show that the government had flawed legal advice stating that Australia’s human rights obligations do not extend beyond our borders or beyond individuals in the custody of Australian agents overseas”, Mr Murphy said.
“This advice is clearly wrong. It is inconsistent with Australia’s obligation not to expose anyone in any circumstances to the real risk of execution”, Mr Murphy said.
“Following the government’s legal advice to its logical conclusion, it authorises AFP and ASIO officers to assist their foreign counterparts in violating human rights – so long as they do it abroad and their counterparts are the ones detaining the victims”, Mr Murphy said.
“We welcome the new openness of the Rudd government and thank it for finally releasing these documents”, said Mr Murphy.
“Australians need to know how their government makes decisions – otherwise we cannot participate in public debate in a meaningful way. It’s how a liberal democracy should work”, said Mr Murphy.
"We will also be asking Attorney-General McClelland to release publicly the flawed legal advice, so that it can be examined by legal experts", Mr Murphy said. For more information contact: Cameron Murphy, NSWCCL President, 0411-769-769
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