Letters

Police must not obstruct Legal Observers

Recent incidents in Sydney indicate that NSW Police don't uniformly understand and respect the role of Legal Observers - that must change.

Police have obstructed Legal Observers; instructed them to direct protestors; directed one to stop filming; and questioned their presence at a protest. 

In the absence of any police misconduct, police should have no concerns regarding the presence of Legal Observers or their recording of events.

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Translators in Afghanistan: the Government must act now

The NSW Council for Civil Liberties wrote to Senator Marise Payne today calling for urgent action to rescue people employed by Australia in Afghanistan now, without long delays checking on health, security and character. 

Comments from our Government that those working through subcontractors are not eligible, or that the Government is following rules drawn up by the previous Labour government, are deeply disturbing.

It's time for action, not political point scoring.

 


NSCCCL calls on NSW Government to implement Ice Inquiry recommendations

Nearly 18 months after the 'Ice' Inquiry recommended decriminalisation, diversion, and a whole-of-government approach, the NSW Government's Final Response is missing in action.

Meanwhile, community support for a health and education based approach is growing: the 2019 National Drug Strategy Household Survey showed that 57% of Australians supported pill testing, while the most common action supported for people in possession of drugs including amphetamines was ‘referral to treatment or an education program’.

The NSWCCL urges the Government to publish its Final Response as a matter of urgency and to reconsider its opposition to measures that focus on health outcomes. It is time to fundamentally rethink our current approach to drug policy to better reflect our society’s values and expectations. We need an evidence- based approach that prioritises health and education and supports, rather than stigmatising, those affected by drug use.

For more: read our letter to the NSW Attorney General

 


Letter: Bring Julian Assange home

Though he is not convicted of any offence under UK law, Julian Assange continues to be held as a prisoner in the same conditions as convicted murderers. His mental and physical health have been seriously compromised.

The NSW Council for Civil Liberties has written to the Prime Minister calling on the Australian Government to bring home Julian Assange and exert its diplomatic influence to end his unjust prosecution.

Similar letters were sent to the Leader of the Opposition and the Parliamentary Friends of the Bring Julian Assange Home Group. 

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The pursuit of assange - politically motivated and unjust

NSWCCL recently joined other organisations and individuals in reaffirming our support for Julian Assange in the context of his fight against extradition to the USA. We spoke at the Assange rally in Sydney in February and subsequently sent a public letter to the Prime Minister urging the Australian Government to take effective action to support Assange in his fight against extradition and assist his return to Australia.

Assange’s situation is desperate and dangerous. His mental and physical health have been seriously compromised. He is imprisoned in a London gaol with limited capacity to communicate with his legal team. If he is extradited to the USA, he will face charges which will expose him to a likely outcome of life imprisonment in a high security gaol.

The relentless pursuit of Julian Assange over the last decade has been politically motivated, cruel and unjustifiable.  In our view he has not engaged in criminal activity. Assange and wikileaks published truthful information about shocking and wrongful activities - including war crimes - which had been kept secret. 

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CCL calls for continuation of Custody Notification Service (CNS) funding

NSWCCL this week has written to Minister for Indigenous Affairs Nigel Scullion and the Prime Minister Tony Abbott calling for the Federal Government to continue its funding of the Custody Notification Service (CNS).

The CNS is a telephone hotline providing personal and legal advice to indigenous people taken into custody. Under NSW legislation it is compulsory for the Aboriginal Legal Service (ALS) to be notified if an Aboriginal or Torres Strait Islander person is detained, and the CNS is the practical service that allows this to occur. Since its implementation, no indigenous deaths in custody have occurred in NSW/ACT.

CCL previously supported the campaign to 'Save the CNS' in 2013, and it is extremely disappointing that this essential notification service for indigenous people in custody is once again being threatened - particularly in the context of the recent report by Amnesty International that showed Australia incarcerates indigenous children at one of the highest rates in the developed world. It would reflect poorly on the Government's commitment to Closing the Gap and reversing the shameful over-representation of indigenous people in Australia's prisons if the CNS was to cease.

Letter to the Minister for Indigenous Affairs

See also: NSW ditches another protection for Indigenous people in custody, The Conversation, 10/06/2015 (Author: CCL member Eugene Schofield-Georgeson)


NSWCCL joins call for moratorium on offshore detention centre transfers

The NSW Council for Civil Liberties has joined with the Refugee Council of Australia and over 100 Australian organisations and community groups in urging the Australian Government for an immediate moratorium on offshore transfers to Nauru and Manus Island until all recommendations of the Moss Review and Cornall Report have been fully implemented, and the centres comply with minimum international standards.

The call follows the appalling case of a five year old girl who attempted suicide after prolonged detention on Nauru.

Conditions are similarly poor on Manus Island, where a majority of asylum seekers have still not had their applications processed after two years, and as on Nauru, limited health care is available.

Paul Power, CEO of the Refugee Council said: “No child should be sent there and certainly not sent to a situation while the environment remains so dangerous… [W]e call upon the Australian Government to immediately cease the transfer of vulnerable asylum seekers until all the recommendations of the Moss Review and the Cornall report are implemented.”

These reports highlighted sexual abuse, violence and the systematic failure to provide safety and security to detainees, particularly women and children. The Australian Government, by accepting all the recommendations of the Moss Review, has acknowledged that considerable changes are needed, yet continues to send asylum seekers into a fearful environment where their safety and security cannot be guaranteed. 

Read the full Press Release and Letter here or on the Refugee Council of Australia's website.


Letter to ALP members and senators on the Data Retention Bill

NSW Council for Civil Liberties recently wrote to all ALP members and all senators urging that the Data Retention Bill be delayed until key issues in the bill are resolved. 

Click here to read the full letter sent to all ALP members and Senators on 15 March.

Click here to read the full letter sent to all Senators on 24 March


Police powers - safeguards further weakened

Legislation amending police powers and responsibilities and related citizens' protections was introduced into the nsw parliament in late may through the  Law Enforcement (Powers and Responsibilities) Amendment Bill 2014.  Many of the changes were about clarification of the law or improvements in operational efficiency for police with no negative impact on citizens' rights and protections. NSWCCL supported these.  However, some of the changes were less justifiable and had more worrying implications. 

Our most urgent concern was in relation to the weakening of the current  requirement that police must identify themselves when exercising their powers (eg arrest or move on) otherwise their exercise of the power is unlawful. The bill seeks to repeal the consequences provision.  Failure to identify oneself when making an arrest or exercising other law enforcement powers will not render the exercise of the power unlawful. This is a dangerous amendment as it removes what has been a powerful incentive for police to abide by this important safeguard and accountability requirement that they give their name and place of work when exercising their considerable powers over community members.

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Premier urged to restore independence to attorney generals and police ministries

NSWCCL has strong concerns about the recent amalgamation of the attorney generals and justice portfolio into a single cluster with the police and emergency services portfolio. Initially this arrangement specified the police minster as the senior coordinating minister above the attorney general  and minister for justice. The cluster and the department were both named 'Police and Justice'. This appeared to subordinate the attorney general and senior law officer to the police minister and will erode confidence in the rule of law in nsw. 

The unexpected resignation of the police minister led to the ministerial  relationship being reversed so that the current attorney and minister for justice, Brad Hazzard, is now the senior minister. 

This is a welcome improvement of an embarrassing arrangement for the state's first law officer  but does not address the core problem with these new arrangements. 

The amalgamation of the attorney general, justice and police ministers, functions and agencies into a single cluster and a single department is totally inappropriate - regardless of nomenclature and relative status of ministers. In a democracy robust debate between these portfolios on matters of policy is to be expected. The new administrative arrangements are likely to have a constraining impact on such debate coming to public awareness.  

The Premier needs  to restore separate administrative arrangements to these  important  ministries immediately. 

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