The Hindu : National : Detention without charges draws flak

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Wednesday, Jul 11, 2007
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Detention without charges draws flak

P.S. Suryanarayana

SINGAPORE: The prolonged detention of Indian doctor Mohammed Haneef under Australia’s counter-terrorism laws has drawn fire from civil rights activists.

Dr. Haneef, who was intercepted at the Brisbane airport on July 2 in connection with the “terror plots” in the United Kingdom, is still in custody without charges being laid against him. With this unusual aspect sparking a debate on civil liberties, Attorney-General Philip Ruddock on Tuesday held out an assurance that amendments to the country’s relatively new anti-terror laws “will be considered” if this case were to show up the “need” for such a course.

A grave violation

Even as Canberra sent a federal police officer to India for liaising with its investigators, Australian human rights activists emphasised that it “is a grave violation of anybody’s civil liberties … to detain somebody for over a week in isolation on the basis of suspicion.”

Canberra’s anti-terror laws allow security agencies to detain a “suspect,” with permission from the federal judiciary, for an indefinite period without bringing any charge.

A “maximum” time-limit for detention without charges was advocated by some activists.

Dr. Haneef’s detention has become a “test case” under these laws; and the issue is expected to be heard in court on Wednesday.

His lawyer Peter Russo said people wanted to know “why [Dr. Haneef] is being detained.” In televised comments, Mr. Russo said, “We haven’t had access to the material that the Australian Federal Police are relying on.” The Indian doctor’s current condition of “isolation,” even in the absence of any charges, impinged on “aspects of natural justice and the rights that are afforded to any person.”

The lawyer said he had “not seen any material to suggest that there is any connection” between Dr. Haneef and several other Indian doctors who were questioned by the Australian authorities.

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