OZschwitz gulag: Shiny new anti-terror law allows ASIO to torture
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RR Phantom
Location : Wasted Space Job/hobbies : Cayman Islands Actuary
Subject: OZschwitz gulag: Shiny new anti-terror law allows ASIO to torture Wed Sep 17, 2014 10:50 pm
It is not clear why the Attorney-General, George Brandis, believes it is necessary for the Australian government to have the latitude to resort to torture, but you could drive a truck through his National Security Legislation Amendment Bill and not hit anything that says "do not torture people".
I've spoken to two legal experts and one outraged Senator about this bill and it is obvious that allowing torture, by government security agents, lies within the scope of the draft law.
Read it for yourself. Under the heading, "Immunity from liability", Section 35K of the draft National Security Legislation Amendment Bill (No.1) 2014 bill states:
"A participant in a special intelligence operation is not subject to any civil or criminal liability for or in relation to conduct if … the conduct does not involve the participant engaging in any conduct that: (i) causes the death of, or serious injury to, any person; or (ii) involves the commission of a sexual offence against any person; or (iii) causes significant loss of, or serious damage to, property;"
http://www.smh.com.au/comment/george-brandis-new-antiterror-law-allows-asio-to-torture-20140917-10i9hv.html _________________ Anarcho Capitalists Retail , OZschwitz Downunder BoutiqueAnarcho-Capitalists,AnCaps Forum,Anti-State,Anti-Statist,Inalienable Rights Defenders,Non-Aggression Principle,Non-Initiation of Force Principle,Rothbardians,Anarchist,Capitalist,objectivism,Ayn Rand,Anarcho-Capitalism,Anarcho-Capitalist,politics,libertarianism,Ancap Forum,Anarchist Forum,Vulgar Libertarians,Hippies of The Right,Forum for Anarcho-Capitalist,Forum for Anarcho-Capitalists,Forum for AnCap,Forum for AnCaps,Libertarian,Anarcho-Objectivist,Freedom, Laissez Faire, Free Trade, Black Market, Randroid, Randroids, Rothbardian, AynArchist, Anarcho-Capitalist Forum, Anarchism, Anarchy, Free Market Anarchism, Free Market Anarchy, Market Anarchy
RR Phantom
Location : Wasted Space Job/hobbies : Cayman Islands Actuary
Subject: Re: OZschwitz gulag: Shiny new anti-terror law allows ASIO to torture Thu Sep 18, 2014 10:39 pm
Anti-terror laws will open door to torture, says libertarian Senator David Leyonhjelm
Labor is seeking clarification on how far the new anti-terrorism laws go, amid claims by a crossbench senator that they will open the door to torture.
As 800 federal and state police rounded up terror suspects in Sydney and Brisbane, NSW senator David Leyonhjelm said he is concerned that beefed-up legislation includes immunities for special security operations that are so wide as to allow for certain forms of torture, including drugging, sensory bombardment and sleep deprivation.
Attorney-General George Brandis described Senator Leyonhjelm's claims as "absolute rubbish", saying the new powers had been twice scrutinised by a bipartisan committee and brought laws governing ASIO into line with the Crimes Act, which applies to the Australian Federal Police.
The Attorney-General's office also pointed out that the laws would compel all operations to be pre-approved by the Director-General of ASIO or a deputy director-general in the ASIO chief's absence.
The bipartisan committee did not take issue with the scope of immunity from prosecution for spy agents included in the bill.
His National Security Legislation Amendment Bill, which could be voted on as early as Monday, provides extra latitude for the Australian Security and Intelligence Organisation to detain and interrogate persons of interest who are suspected of having knowledge of terrorist activity.
Senator Leyonhjelm is concerned by Section 35K of the Bill. Under the heading, "Immunity from liability", its states: "A participant in a special intelligence operation is not subject to any civil or criminal liability for or in relation to conduct if … the conduct does not involve the participant engaging in any conduct that: (i) causes the death of, or serious injury to, any person; or (ii) involves the commission of a sexual offence against any person; or (iii) causes significant loss of, or serious damage to, property."
"If the bill passes, ASIO will have the power to authorise its agents to torture people as long as the torture does not involve murder, serious injury or the commission of a sexual offence against the person," Senator Leyonhjelm, of the Liberal Democratic Party, told Fairfax Media.
"These provisions are shameful. As a nation we should be better than this. Australia is engaged in a fight against barbarism, but that does not justify becoming barbarians ourselves."
"Temperature extremes, sensory bombardment, sensory deprivation, sleep deprivation, drugging and other psychological and physical torture techniques that fall short of causing death or serious injury will be allowed under this bill," Senator Leyonhjelm said. "Even electrical shocks may be permitted."
The two senior legal experts who advised the Liberal Democratic Party on the legislation have spoken to Fairfax Media, and asked not to be named, but confirmed that the immunity provisions open a wide legal grey area and are broader than any such state power in the United Kingdom, Canada or New Zealand.
Labor has a number of members on the Parliamentary Joint Committee on Intelligence and Security that scrutinised the legislation, including its deputy chair Anthony Byrne, Tanya Plibersek, Penny Wong, John Faulkner and Stephen Conroy but shadow attorney-general Mark Dreyfus said the opposition was "seeking clarification from the government" on the extent of the powers.
"While I am confident of the professionalism and integrity of our security agencies, if acts of torture might be permitted under these laws, then that's entirely unacceptable," he said.
"If there's ambiguity here, we will seek an amendment to the bill to make clear that nothing in the act allows torture in any form.
"The bill should not overrule Australia's obligations under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment, or Australia's implementing legislation under the Commonwealth Criminal Code."
Senator Leyonhjelm, one of the minor party senators who hold the balance of power in the Senate, said the legal advice he had received confirmed that the bill would empower ASIO to kidnap and hold suspects in solitary confinement, and placed under physical and mental duress, without a requirement that they be a suspected of a crime.
"Any torture would not be limited to a terrorist suspect but could extend to anyone associated with a suspect, including family members," he said. "Victims of torture, their families, and journalists face 10 years imprisonment if they don't keep the torture secret."
The bill provides ample protection for the Attorney-General, who need only be advised of a "special intelligence operation" after six-months, or at the end of the operation. No ministerial or judicial approval is required. That decision is made by the director-general of ASIO or his deputy.
The immunity granted in the draft bill is much wider than that given the Australian Federal Police. It lowers the requirements for external authorisation and oversight, and public scrutiny. It also lowers the requirement for compensation to victims.
The immunity provisions can be extended not just to ASIO agents but can be extended to any person delegated by ASIO to take part in an intelligence operation.
"This is not some fringe concern of bleeding hearts or being soft on terrorism," Senator Leyonhjelm said. "This is about officers of the state being authorised to engage in something that most Australians would find abhorrent. The Liberal and Labor sides of politics are each trying to prove that they are tough on terrorism, but ASIO already has plenty of power to do its job without trampling on our basic rights."
http://www.smh.com.au/federal-politics/political-news/antiterror-laws-will-open-door-to-torture-says-senator-david-leyonhjelm-20140918-10inlj.html _________________ Anarcho Capitalists Retail , OZschwitz Downunder BoutiqueAnarcho-Capitalists,AnCaps Forum,Anti-State,Anti-Statist,Inalienable Rights Defenders,Non-Aggression Principle,Non-Initiation of Force Principle,Rothbardians,Anarchist,Capitalist,objectivism,Ayn Rand,Anarcho-Capitalism,Anarcho-Capitalist,politics,libertarianism,Ancap Forum,Anarchist Forum,Vulgar Libertarians,Hippies of The Right,Forum for Anarcho-Capitalist,Forum for Anarcho-Capitalists,Forum for AnCap,Forum for AnCaps,Libertarian,Anarcho-Objectivist,Freedom, Laissez Faire, Free Trade, Black Market, Randroid, Randroids, Rothbardian, AynArchist, Anarcho-Capitalist Forum, Anarchism, Anarchy, Free Market Anarchism, Free Market Anarchy, Market Anarchy
OZschwitz gulag: Shiny new anti-terror law allows ASIO to torture
Subject: OZschwitz gulag: Shiny new anti-terror law allows ASIO to torture 
Wed Sep 17, 2014 10:50 pm
