November 10, 2005

Horse 435 - Hold Me Now Fovever (and don't tell me why)

Happy Birthday to Me. Well almost not really.

Ich vielen Dank war Fräulein Stolle, es es nicht für Sie dann niemand hätte sich erinnert an überhaupt. Mein Geburtstag ist mit keiner Fanfare und außer einem entzückenden Päckchen im Posten gekommen, der von fast unbemerkt vorbeigegangen an wird.

Now then.

Dictatorship: Rule by a process, person or entity in irresponsible authority. Power absolute and free from checks.

Over the course of the 20th Century "civilised" nations learnt that Dictatorships were subject to abuse of power and were a bad thing that should be stopped or curbed. The worst kinds were seen as fascists, communists and despots. Can this be applied to the Liberal Party in our own Federal Parliment? I most equivocably answer YES.

It has an absolute majority in both houses which it attained more by good luck than actual will of the people and is currently exercising its powers to create laws which would have been considered dangerous.

Think about this taken from the Anti-Terrorism Bil 2005 already passed by the Reps:
104.4 Control Orders (cont)
(1)If the Commonwealth makes a Control Order subject to withold or detain a person the order must:
(d)specify the period for which the control order is in force, which must not end more than 12 months after the issue date of the control order.
(2)Paragraph(1)(d) does not prevent the making of successive order in relation to the same person.

Effectively the powers for Control Orders are held by the Depts of Defence, ASIO and the JIO. A Control Order is handed down separate from the courts and as such has a different legal definition. A Commonwealth Control Order holds the same legal instructional value as a judge made order.

If ASIO makes an order to "detain" someone then because ASIO is governed under the Official Public Secrets Act they aren't required to tell the person why they have detained them. Furthermore, because it's a Control Order and not a Charge there are no rights to apply for bail. Also because it isn't a charge, there aren't any charges to answer, so legal representation (provided you could actually contact a lawyer, and then assuming they were even allowed to know where you were because you're being held under the Official Public Secrets Act) is pretty well much useless.

Part 2 of Section 104 also states that sucessive Control Orders can be made on the same person. This means effectively that someone could be held indefinately without knowing the reasons why. Is this any different to say what's going on in Guantanamo Bay? If you hold someone without telling them why and without a timeframe, is it any different to imprisonment? Even convicted criminals have some idea when they will be free. This may result in perfectly innocent people being locked up - I wouldn't put it past corrupt people in power.

I used to be mistrustful of our goverment; now I'm downright fearful. Evil evil things are being done within the walls of that place, and the quesion that was once posed of whether Mr Howard is a Christian or not is quite frankly irrelvant. He is actively acquiesing to put in place legisation to remove people rights, freedoms, wages and dignity.

I still call Australia home but I am now officially ASHAMED of this country.

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