As an activist you are likely to one day end up on a watch-list, or, you may even encounter a visit by ASIO officers.
What does this mean for you and do you have any rights?
ASIO powers have a loophole which allow them to prosecute anyone who talks about the death of a person involved in a ‘special operation’ (be it accidental or otherwise), including the media. No, this is not a joke or a conspiracy… keep reading.
The Australian Security Intelligence Organisation (ASIO) is the Commonwealth government agency responsible for collecting and evaluating domestic security intelligence. Because of the nature of its work, ASIO does not make details of its activities public and law prevents the identities of ASIO officers from being disclosed. With the responsibility of responding to terrorist threats, they have been given additional powers that Police and the crime commission do not have. ASIO admittedly has been spying on (and interrogating) Australian activists (Including Environmental campaigners) since the 1960’s. [1], [2], [3], [4].
Under the new laws passed late last year, Australian Security Intelligence Organisation officers will now have greater immunity from prosecution if they kill an activist in the course of a “special intelligence operation”. Anyone who discloses information about such an operation – including whistle-blowers, journalists and bloggers – faces five years in jail. If the disclosure endangers anyone’s health or safety – or the effective conduct of an operation – then they face 10 years in jail. If you are killed “accidental” or in the course of an operation, nobody will hear about it and the media can’t talk about it. These laws cover them on all fronts and not just for assassination. The Attorney-General will decide whether an operation can be classed as a special intelligence operation after receiving an application from ASIO and there is no limit on how many operations can be designated as such. [5], [6], [7].
Prime Minister Tony Abbott receiving an update on the security situation in Muslim majority neighbourhoods from ASIO chief Duncan Lewis. (photo by the Sydney morning herald)
ASIO has special powers when investigating alleged Terrorist activities; This can include (and is not limited to:
- The compulsory questioning of suspects.
- The indefinite detention of suspects by the Australian Federal Police, and their subsequent interrogation by ASIO officers.
- Frisk or strip search of suspects by AFP officers upon their detainment.
- The seizure of passports.
- The prevention of suspects leaving Australia.
Keep in mind that being “alleged” or “suspected of” certain activities does not require any proof that needs to be disclosed in court, having the capacity to mount criminal activities, or when it is said to be the case, but not proven, you could find yourself in a very unpleasant situation. Brett Walker, The former independent national security legislation monitor, said he had grave concerns the new laws would give ASIO, and its foreign arm (ASIS; who focus on international intelligence rather than domestic) too much power and could allow illegal activities conducted by officers to go unreported.
A terrorism offence may be committed by merely possessing an item, piece of intelligence or through association, in connection with engagement in a terrorist act. [8], [9], [10].
“I cannot see any justification for information relating to a special intelligence operation not being able to be disclosed if … it shows the special intelligence operation has been conducted illegally,” (Brett Walker – 2014)
Deputy Green’s leader Adam Bandt said in response to Mr Walker’s concerns “It’s very worrying that the media will not be able to report on security agency operations that may result in something as serious as someone being killed”
Liberal Democratic Party Senator David Leyonhjelm has accused Australia’s intelligence agencies of creating “moral panic“to push their agenda and is worried new national security laws will allow barbaric interrogation techniques by ASIO.
“I mean torture and I am not kidding,” Senator Leyonhjelm said.
According to Fitzroy Legal Service Inc. It is likely that in the ‘war on terror’, public debate and media coverage will be manipulated to suggest that activist groups are potential or actual terrorists. In 2001 in America, the FBI listed numerous non-violent, citizen based activist organisations and networks, including ‘The Animal Liberation Front’ and many global justice networks amongst the ‘Threats of Terrorism to the United States’. In a May 10 statement before the Senate Committees on Appropriations, Armed Services and Select Committee on Intelligence, FBI director Louis Freeh listed these groups as a ‘potential threat’ to the United States along with assorted terrorists from Egypt and Lebanon. The list also included “extreme fringes of animal rights, environmental, anti-nuclear, and other political and social movements”
In part, the FBI report reads:
“Anarchists and extreme socialist groups many of which, such as the Workers’ World Party, Reclaim the Streets, and Carnival against Capitalism have an international presence and, at times, also represent a potential threat in the United States.
For example, anarchists, operating individually and in groups, caused much of the damage during the 1999 World Trade Organisation ministerial meeting in Seattle.”
Are we seeing a trend here? Regardless, the impact of these “counter-terror” laws may go beyond the scope of ASIO’s legal powers and because nobody can talk about it, nothing can be done. However, as an Australian citizen you still have rights, The Parliamentary Library website has a special section on Current Issues devoted to these proposals with frequent updates and links to different resources.
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