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Keeping Australia safe by an improper exercise of power?

By Surya Deva - posted Friday, 27 July 2007


In short, if Haneef is found guilty, he should get what he deserves under the law, even if some of us might contest the inhumane nature of such law. But, if it is found that the police and/or prosecuting agencies were reckless in doing what they did to Haneef, no great harm would be done by making them accountable personally and institutionally. This should only promote fairness and justice.

Coming from the land of Gandhi, I have no sympathy with those who use violent means to espouse their cause. However, even government agencies, which have a legalised monopoly over the use of violence, should not be allowed to inflict violence under the pretext of securing noble objectives.

It is high time that amidst a war against terrorism the Australian Government shows some character in protecting the human rights not only of its citizens (like David Hicks) but also of those non-citizens who are living in Australia legally for legitimate reasons (like Dr Haneef). Human rights after all become more, and not less, important when states wield absolute power to arrest and detain anyone indefinitely without charges.

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I am not convinced if the Immigration Minister Kevin Andrews showed an appreciable character in cancelling the visa of Haneef on character grounds.

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About the Author

Surya Deva is Lecturer at School of Law, City University of Hong Kong, Hong Kong. He recently completed his PhD at the Sydney Law School. Surya has published widely in law journals also blogs at Glocal Canvas.

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