NSWCCL in the media

Sydney siege interviews 'could prejudice'

A number of Sydney siege survivors have reportedly signed six-figure deals to tell their stories to television networks, however legal experts have raised concerns about impacting the inquests into the deaths which are currently underway.

Former Director of Public Prosecutions and NSWCCL committee member Nicholas Cowdery AM QC raised concerns saying it could lead to the victims exaggerating their accounts to make good TV.

"There are a lot of areas of concern - moral, ethical, freedom of the press, and so on," he told AAP on Thursday.

"The part of it I'm particularly interested in is the integrity of the formal legal processes to run their course without being hampered by the sale of stories beforehand."

Article: Sydney siege interviews 'could prejudice'

Source: SBS, 22/01/2015

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'Outrage' if Bali Nine executions proceed

Bali Nine death row inmates Myuran Sukumaran and Andrew Chan are on a list of 26 prisoners Indonesia says will be executed this year, including six who will be killed this Sunday.

NSW Council for Civil Liberties president Stephen Blanks said the Australian government should be making it clear to Indonesia that the Australian public "regards these executions as unacceptable and unjustifiable".

Mr Blanks said it was "reprehensible" that Indonesia was resuming executions.

"The death penalty is wrong in all countries and in all circumstances," Mr Blanks said.

Article: 'Outrage' if Bali Nine executions proceed

Source: Yahoo 7, 16/11/2014

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Giving Bigots More Rights Is The Wrong Response To Charlie Hebdo Massacre

In response to the rekindled debate around section 18C of the Racial Discrimination Act, NSW Council for Civil Liberties Committee Member Lydia Shelley writes about Islamophobia and freedom of speech. She argues that the greater threat to Australians’ civil liberties comes from the lack of legal protections in the form of a Bill of Rights:

"Not all those who pose a threat to civil liberties and freedoms stand behind a foreign flag and hold Kalashnikovs. Some stand behind the Australian flag and promote the myth that civil liberties and freedoms need to be sacrificed in order to obtain security.

They can be persons in positions of power who seek to use freedoms and civil liberties as tools to maintain their power. They draft, and then pass, draconian legislation that strikes at the heart of democracy and the very same freedoms they are purporting to protect."

Article: Giving Bigots More Rights Is The Wrong Response To Charlie Hebdo Massacre

Source: New Matilda, 14/01/2015

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Proposed laws could ban smoking on private balconies

Proposed laws could ban Queenslanders from smoking on their balconies in apartment buildings, following on from similar tightened laws in NSW. President of the NSW Council for Civil Liberties, Stephen Blanks, spoke to The Project:

"An owners corporation for a block of flats can regulate smoking on balconies, and perhaps should where it’s detrimentally affecting other residents who don’t want it."

Watch video: The Project, Tuesday 13 January (story from minute 3:40)

Source: The Project, Channel 10, 13/01/15

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Taser death in Bowral highlights need for independent police investigations

A man died in police custody in Bowral after a taser was used to subdue him. An investigation into his death will be overseen by the Police Professional Standards Command. President of the NSW Council for Civil Liberties, Stephen Blanks, discussed the incident on Sunrise.

Blanks emphasised the need for police investigations to be overseen by an independent authority, and highlighted problems with the use of tasers by police.

He said: "The community cannot be satisfied with the police investigating themselves. We’ve seen too many cases where the police twist the facts to exonerate themselves in situations like this."

"The problem with tasers is that there is misunderstanding about their potential lethality. Police can tend to use them in circumstances not realising what the consequences could be."

Watch video: 37yr old dies after tasing

Source: Sunrise, Yahoo!7, 13/01/2014

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Kep Enderby remembered

NSW Council for Civil Liberties co-founder Kep Enderby QC died on 8 January 2015. Media reports credited the “lifelong civil libertarian” with his contributions to politics, the law and civil liberties in Australia.

The Sydney Morning Herald remembered his political and legal achievements through the words of his peers: “Gifted, ebullient, imaginative, well dressed, with a razor sharp mind, gaunt face and beautiful speaking voice, Enderby cut a confident figure.”

“Enderby was one of Australia's most significant and interesting left liberal intellectuals, who was widely respected, despite disagreements, for the passion and honesty he brought to his convictions.”

Article: Former federal Attorney General Kep Enderby remembered among his peers (Source: Sydney Morning Herald, 14/1/2015)

As well as his political and legal career, The Australian highlighted Enderby’s work as the head of the Voluntary Euthanasia Society of NSW, as President of the World Esperanto Association, and his support of WikiLeaks founder Julian Assange.

“Mr Enderby was a lifelong champion of human rights, civil liberties and the underdog; a romantic idealist who learnt Esperanto out of a belief that if the world spoke a single language it would lessen conflict.”

Article: Enderby a man of achievement, from the cockpit to the bench (Source: The Australin, 9/1/2015)

“Age did not weary this crusader. Right up until his later years, Kep Enderby remained a vocal proponent of civil liberties, unafraid to write and speak on controversial issues such as the rights of prisoners. Thanks to the changes Enderby brought about, Australians now suffer less discrimination than they did before his time in politics.”

Article: Vale Kep Enderby (Source: City News Canberra, 12/1/15)

 

See also:

Article: Former Whitlam minister Kep Enderby dies aged 88 (Source: ABC News, 9/1/15)

Article: Former ACT federal politician Kep Enderby QC dead (Source: Sydney Morning Herald, 8/1/15)
 
Article: Kep Enderby: golfer, politician, judge (Source: Daily Mail Australia, 9/1/2015)
 
Article: Whitlam minister Kep Enderby dies (Source: The Chronicle, 9/1/15)
 
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Refugees kept in detention despite being told they had security clearance

Two men, who were part of a group of seven told they would be released after Asio reversed its negative security assessment, are still in detention

The head of the New South Wales Council of Civil Liberties, Stephen Blanks, said Australia had made security determinations about Tamil asylum seekers based on its close relationship with the Sri Lankan government.

Sri Lanka’s outgoing president Mahinda Rajapaksa, whose government was unexpectedly defeated in last week’s election, has been accused of committing war crimes against the Tamil minority in the dying days of the civil war.

“Given the election result in Sri Lanka, it is time for Asio to reassess whether assessments made of Tamils are still relevant,” Blanks told Guardian Australia.

He said he hoped Dutton would take a “fresh look” at the refugees who were still in limbo following adverse security assessments.

“It was never appropriate to lock these people up,” he said.

Blanks said the fact that the refugees had been released quietly over the past few years meant it was likely they were never a real threat to in the first place, but he said the secrecy around the issue meant the public would never know for sure.

Article: Refugees kept in detention despite being told they had security clearance

Source: The Guardian, 12/1/2015

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ASIO reverses finding refugees pose a threat

A group of 10 refugees assessed by ASIO as threats to national security have been freed to live in the Australian community after the agency quietly reversed its decision.

NSW Council for Civil Liberties president Stephen Blanks said it was good ASIO had cases under review but the lack of transparency was "completely unsatisfactory".

"The public is entitled to know why these people are locked up, and why the security agency has changed its mind and decided they can be released into the community," Mr Blanks said.

"Locking people up is not something that should be done in secret."

Article: ASIO reverses finding refugees pose a threat

Source: Sydney Morning Herald 11/1/2015

 

See also

Article: Welcome to the secret society (Source: The Age, 10/1/2015)

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Brother escapes one-punch laws

A 'one-punch' incident involving two Irish brothers will not be subject to the new mandatory minimum sentencing laws as the accused had a blood-alcohol reading of below 0.15, the minimum threshold for the law to apply.

President Stephen Blanks spoke to Channel 7 News about the case, reaffirming NSWCCL's opposition to arbitrary mandatory minimum sentencing laws:

"Mandatory minimum sentencing is a bad idea because it inherently results in the court being unable to take into account all of the unusual circumstances of a particular case"

Watch video: Brother escapes one-punch laws

Source: 7 News, 4/1/2015

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Asylum seeker in Darwin 'would rather starve to death than return to Iran'

The 33-year-old man, who is being held in the Wickham Point Immigration Detention Centre near Darwin, refused to eat after being denied refugee status.

Human rights lawyer Steven Blanks said there was legislation in place that would allow authorities to save the man's life.

"It authorises the Department of Immigration to direct doctors to provide medical treatment against the consent of asylum seekers where that medical treatment is necessary to preserve their life or health," he said.

The Iranian man has given written instruction that he must not be revived if he loses consciousness.

But Mr Blanks said international standards specify medical treatment should be used, even if an asylum seeker had refused it.

Article: Asylum seeker in Darwin 'would rather starve to death than return to Iran'

Source: Yahoo 7 News, 20/12/15

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