Australia drops terror case after court rules security officials breached suspect's rights

[JURIST] Australian prosecutors dismissed a terrorist training charge against Izhar Ul-Haque [CagePrisoners profile] Monday after the New South Wales Supreme Court found that two officials belonging to the Australian Security Intelligence Organization (ASIO) [official website] had violated his rights by kidnapping and falsely imprisoning him. Judge Michael Adams found that ASIO agents coerced Ul-Haque into a vehicle, threatened him with serious consequences unless he cooperated with the ASIO, and illegally detained him as they searched his home. The judge ruled [text] that the ASIO's misconduct meant that later interviews conducted by the Australian Federal Police (AFP) [official website] were inadmissible because the AFP did not obtain a proper warrant to detain and question Ul-Haque at his residence. Ul-Haque allegedly received training from the Lashkar-e-Taiba [MIPT backgrounder] between January and February 2003, although the group was not designated by the Australian government as a terrorist organization until late 2003.

The decision is the latest setback for Australian anti-terror prosecutions. In August, the Federal Court of Australia ruled [text; JURIST report] that the government should reinstate the work visa of Mohammad Haneef [JURIST news archive], who was detained by Australian authorities in July in connection with the attempted UK car bomb terror attacks [JURIST report]. Haneef, who had not been implicated by UK authorities, was detained for 25 days for allegedly providing reckless material support to the suspected terrorists. The Australian government is appealing the reinstatement [JURIST report] of Haneef's work visa. Reuters has more. The Sydney Morning Herald has local coverage.



 

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.