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UNDERMINING JUSTICE September 25, 2005

Posted by wmmbb in Category to be ascribed.
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The war on terror is turning into an assault on due process and natural justice.

David Hicks’ incarceration without charge and delayed trial under dubious circumstances, and the complicity and compliance of the Australian Government in this travesty is a leading case. Hicks is the very type of person under normal precepts of juriprudence, as I understand it, who should be given all the protections associated with a fair trial.

I was very struck by this Juan Cole commentary in the context of the case of an Iraqi imprisoned by the Americans:

The severe weakening of the Bill of Rights under the Bush administration is a more fateful policy than the Iraq War or dealing with the hurricanes. The Republic can survive those disasters. The Republic cannot survive if its very foundation, the Constitution, is undermined. Bush has been kicking the pillars out from under it assiduously for nearly 5 years now, and soon nothing will be left but the imperial presidency. Even if Hussein is not a US citizen, it is un-American to hold him forever with no formal charges or trial.

In this context, it is perhaps interesting that an Iraqi judge in Basra is calling for the arrest of the two British undercover agents freed by the use of force.

There is a lack of an analysis and explanation as to why the Bush Administration and the Howard Government are acting in this way. Some take the long term view that during crises abnormal behavior is demonstrated, and when the storm passes the polity will resume it equilibrium position.

ABC News online reports that Queensland Priemer, Peter Beattie has called on the Federal Government to rewrite anti-terrorism laws. Rather than have anti-terrorism laws, we might never have been part of the Iraqi invasion and occupation in the first place.

Think about it. Logically this course could not be giving in to terrorism. Of course, terrorism means those actions of what will be stereotyped as religious extremists who just happen to be Muslim. I conclude that that public discourse in a democracy is more important than to have traduced for base political motivations and machinations, regardless of the expediency afforded for the short term operators.

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