Mohamed Haneef and protecting liberal democracy in the age of terror

Balancing civil liberties with the need to have an effective counterterrorism campaign has long been a difficult issue for liberal democracies. The arrest, detention, release and now detention of suspect Mohamed Haneef has raised important questions about the protection of civil liberties uder Australia’s legal approach to counterterrorism.

Senator Andrew Bartlett was at Dr Haneef’s bail decision this morning. And while there are legal issues to consider in the detention and findings of the court, the importance of civil liberties as a weapon against terrorism is often overlooked. As Senator Bartlett writes:

I believe it is important to show strong support at this time for upholding our basic right to live freely in a democratic society, not cowed by an ever-present threat of being caught up in guilt by association and trial by insinuation.

The Senator is correct. The basic rights of our society should not be rent asunder in a mad dash to emulate Roper and his eagerness to drive a road through the law to get at the devil. While Haneef may have charges to answer, at this stage he deserves the presumption of innocence and a transparent process. Not to be denied justice by Kevin Andrews’ murky political agenda.

One could try to justify Haneef’s treatment by comparing our judicial procedures to that of a repressive regime but one would be trivially wrong. The quality of Australian justice should be rated against the very institutions that represent the values of democracy. Not some bizarre sliding scale of glibness that implies as long as we aren’t as bad as other countries we are doing fine.

An aspect of successful counterterrorism is to win hearts and minds. To show that while in pursuit of terrorists that everyone enjoys equal protection under the law. Otherwise, people will become marginalised and suspicious of claims that freedom is being defended as the foundations of freedom are being undermined. Cooperation between groups seemingly targeted by suspension of civil liberties and the authorities hampers counterterrorism. Valuable sources of intelligence may be shut off. Disunity and distrust are sown in the community when trust and unity are needed the most.

Paul Wilkinson says it well in Terrorism and the Liberal State:

Indiscriminate repression is totally incompatible with the liberal values of humanity, liberty and justice. It is a dangerous illusion to believe one can ‘protect’ liberal democracy by suspending liberal rights and forms of government.

More at Surfdom and Talk It Out.

Update: [by MB] More at Troppo, Polemica, An Onymous Lefty, The Dead Roo, The Legal Soapbox and Ambit Gambit:

But what I’m not prepared to accept is the federal government’s revocation of his visa, for no better reason from what I can make out, than to circumvent the successful bail application and lock him away again. The federal government has his passport. He is not leaving the country, so he can’t avoid facing the charges. A magistrate, after hearing evidence from both sides, has decided that he is not so dangerous that he has to remain in prison. So where is the point in putting him in a federal jail? After the trial is over we will all be in the best position to judge whether his visa should be revoked, whether or not he is convicted.

The only viable explanation that I can see is political, and it is one that ought to backfire on the government. If it doesn’t it will be because the Labor Party has laid down and agreed with their actions. The only opposition at the moment appears to be coming from Democrats senator Andrew Bartlett, and the Greens Kerry Nettle.

More from David Tiley.

Share this... These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Facebook
  • Google
  • e-mail

124 Responses to “Mohamed Haneef and protecting liberal democracy in the age of terror”


  1. 1 MarkNo Gravatar

    I’ve updated the post with some links that just came through my reader, Shaun.

  2. 2 MarkNo Gravatar

    From the post at Ambit Gambit:

    The only thing that must give it some faint hope of an election win is that the Rudd ALP’s “mini me” strategy is so risk averse that it won’t try to differentiate itself by even a millimetre from the government on this issue.

    What’s with the ALP?

  3. 3 KimNo Gravatar

    What some people within this liberal democracy should refrain from doing is politicising the justice system, and applauding political interference with it:

    The court does not know everything the minister does, the minister may not be able to release all information and the court could only have evaluated the evidence before it.

    http://kalimna.blogspot.com/2007/07/md-haneef-in-custody-keep-balanced-view.html

    That’s his “balanced view”, obtained “applying cost-benefit analysis”, after an attack on “the deranged left”.

  4. 4 wbbNo Gravatar

    Australia has just placed Mohamed Haneef in legal limbo. The cracks that have been appearing in our justice system these last six years are now large enough for any of us to potentially fall through.

    Osama, take a bow.

    It is more important than ever that the ALP wins the next election. It is the only thing that will stem the tide that is fast going out on decades of achievement.

    Paradoxically, that result requires that Rudd hold his tongue for the moment. In the meanwhile Bartlett plays a crucial role.

  5. 5 skepticlawyerNo Gravatar

    Kim, sometimes the only people who believe in the presumption of innocence are lawyers. Everyone else is dead keen to cut down every law in the land in order to get at the devil. FWIW, this is the advice I’d be giving Haneef now (from Troppo):

    If I were Haneef’s lawyer, I’d be advising his surety to fail to post bail. That way, he has to be remanded in custody, with appropriate legal rights (like access to his lawyer).

    If the Minister insists on locking him up in Villawood after that, we’ve got a constitutional crisis.

  6. 6 YobboNo Gravatar

    It is more important than ever that the ALP wins the next election. It is the only thing that will stem the tide that is fast going out on decades of achievement.

    What would the ALP do differently?

    Sometimes you guys seem to forget that Australian politics is about as important as what Footy team you support.

    ALP and Libs are basically identical.

    I realise you guys hate John Howard, but if you think him being voted out is going to usher in some kind of revolution, you are sadly deluded and are going to be very disappointed.

  7. 7 YobboNo Gravatar

    I must admit though, I really hope Howard wins again, just so I can see how many of the writers on this site neck themselves.

  8. 8 steve at the pubNo Gravatar

    Both very thoughtful points Yobbo.

  9. 9 Tony of South YarraNo Gravatar

    My problem with Kevin Rudd’s ‘Howard-lite’ strategy of fiercely aligning himself with government policy on any issue which may be even remotely construed as a ‘wedge’ is that he has failed to reveal whether he is a man of principle or merely another cynical politician who sees electoral victory as his ultimate goal, not as the means to a more noble end.

    Come the election and many swinging voters will (quite rightly) be asking themselves as they mark their ballot paper ‘who is Kevin Rudd and what does he (really) stand for?’.

  10. 10 KatzNo Gravatar

    If I were Haneef’s lawyer, I’d be advising his surety to fail to post bail. That way, he has to be remanded in custody, with appropriate legal rights (like access to his lawyer).

    If the Minister insists on locking him up in Villawood after that, we’ve got a constitutional crisis.

    Excellent advice SL!

    Dr Haneef’s lawyers would be well advised to prevent their client from disappearing further into the clutches of executive tyranny.

    (Under those circumstances it would be very interesting if “an anonymous person” came forward to post bail just so that Dr Haneef could be transported to Villawood.)

  11. 11 Christine KeelerNo Gravatar

    My problem with Kevin Rudd’s ‘Howard-lite’ strategy of fiercely aligning himself with government policy on any issue which may be even remotely construed as a ‘wedge’ is that he has failed to reveal whether he is a man of principle or merely another cynical politician who sees electoral victory as his ultimate goal, not as the means to a more noble end.

    That may be so Tony, but from my perspective dead bats all round are just fine. The C*** Rodent would like nothing more that another national security wedge for the flying monkeys over at the GG to beat up.

    Politically, Rudd’s played it exactly right.

  12. 12 curious cowNo Gravatar

    “An aspect of successful counterterrorism is to win hearts and minds. To show that while in pursuit of terrorists that everyone enjoys equal protection under the law. Otherwise, people will become marginalised and suspicious of claims that freedom is being defended as the foundations of freedom are being undermined. Cooperation between groups seemingly targeted by suspension of civil liberties and the authorities hampers counterterrorism …”

    Is this a claim reported in a scholarly journal of some sort and supported by empirical evidence ?
    Fighting the IRA and it’s supporters - I might buy this as a valid argument but where is the evidence this is valid with other groups and not a worthy but perhaps unrealistic attitude in other cases?
    Our educated ,well travelled and multiculturally experienced doctors wouldn’t appear to be ignorant of the legal advantages available to them in the places where they have apparently chosen to try and kill people.

  13. 13 MorningDudeNo Gravatar

    Rudd is yet again showing how astute he is on this. First he has played the dead bat, but this morning I heard that the Labor are now starting to make small rumblings. They have done this on other rushed together actions the government has taken in the past, and with the steady as it goes build up of opposition until all the facts and deceits are exposed, Labor has usually come out on top of opinion. I suspect this is happening with Haneef as well.

    Not a Howard-lite at all, but a Howard-superior. A new improved model without all the useless bullshit doodads, smoke and mirrors.

  14. 14 LauraNo Gravatar

    All I can say is, thank cripes for Andrew Bartlett. Labor are going to win this election and if they do intend to govern in a manner that’s consistent with justice and democracy, then it’s high time they gave us a little hint of that. Instead of being quite so fulsome with the praise of the government’s actions. “Acted entirely appropriately” said Tony Burke, of Andrews. Did he need to be quite so supportive? If the ALP is so cravenly frightened of public opinion (which in their current situation, they ought to be attempting to influence, with their mighty lead) that they can’t calmly point out exactly how outrageous the actions of the Immigration minister are, then couldn’t they at least make a less enthusiastic comment?

  15. 15 KatzNo Gravatar

    Is this a claim reported in a scholarly journal of some sort and supported by empirical evidence ?

    Before we do that, it might be more efficient to scrutinise the logic of your reasoning and to unpack the unstated assumptions behind your reasoning.

    Fighting the IRA and it’s supporters - I might buy this as a valid argument but where is the evidence this is valid with other groups and not a worthy but perhaps unrealistic attitude in other cases?

    How do you justify treating the IRA as different from Islamist terrorism? The IRA let off much bigger bombs than the Islamist bombs in Britain. Moreover, the infrastructure of the IRA was much more sophisticated than anything the Islamists have produced so far. Mad Cow seems to be suffering from an odd form of amnesiac nostalgia about the benignancy of the IRA.

    Our educated ,well travelled and multiculturally experienced doctors wouldn’t appear to be ignorant of the legal advantages available to them in the places where they have apparently chosen to try and kill people.

    Islamists have killed far more people in countries that don’t have respectable rule of law, e.g., Iraq, Afghanistan, Jordan, Egypt, Morocco, etc., etc., etc. There is no evidence that targets are chosen bsed on the existence of a rule of law. The very notion is ridiculous.

  16. 16 GuidoNo Gravatar

    This is a manufactured ‘emergency’. This is the ‘I would not want people like that to come to Australia’ Mark 2. Who cares about some vilification if you can get some votes?

    The government is desperately trying to create a security scare, they probably thought that the connection between the British would be bombers and the doctor here was manna like the Tampa which came out of nowhere.

    There will plenty of these wedges attempts from now to the election, and they will become more desperate if the polls don’t improve.

    The fact is that Labor does not need to do anything. The contradictions will come out on their own as it happened with the Aboriginal issue.

    And as long as there is a perception that Andrews acted on information from the AFP, the accusations of Labor being soft on terrorism is always lurking there.

  17. 17 Robert MerkelNo Gravatar

    SkepticLawyer, it seems great minds think alike :)

    And a further question. How long is he likely to spend in detention before his trial (let’s forget appeals for the moment) is complete? Surely, it wouldn’t be less than six months or so.

    As for Labor and influencing public opinion, I hope wbb and MorningDude are correct.

  18. 18 ShaunNo Gravatar

    curious cow, if a person in a community sees that those with associations with terrorist suspects regardless of complicity, are trampled by the law, there is a good chance that they will be reticent to come forward with information. Gaining trust and isolating terrorists within their community has long been part of counterterrorism/counterinsurgency operations. I’m am not sure what you hope to achieve by doing otherwise.

  19. 19 Paul NortonNo Gravatar

    Whilst I realise that Labor’s response is conditioned by the fact that there is an election to be won, I am concerned at the effect that bipartisan support for such a misuse of executive power will have on public understanding of, and attitudes towards, democracy based on the rule of law, accountable government and the separation of powers.

    I teach an introductory politics course at Griffith University to a body of students which - at least as far as the domestic students are concerned - is as typical of the mainstream of Australian society as one can find in a student cohort. They are mainly business students who, for the most part, are taking the course because they have to, not because they have a particular interest in or extensive prior knowledge of politics. Thus their understanding of these matters can be taken as typical of the level of knowledge and understanding which is bestowed on citizens, by the time they turn 18, by our school system, our media and other agents of political communication. Suffice it to say that my colleagues and I are frequently reminded, and have to frequently remind ourselves, of the need not to presume a high level of prior knowledge when teaching these students from the mainstream of suburban south-east Queensland.

    In this light it is extremely disturbing, not only that the current Federal government is prepared to act in a way which violates key principles of democracy based on the rule of law, accountable government and the separation of powers, but that the Federal Labor Party is not willing to point this out, in the process explaining to its actual and potential supporters from the mainstream of society what these key principles are, why they are important and how and why the government’s actions are in breach of them. Instead, Federal Labor’s position is actively contributing to an erosion of public understanding of, and support for, these important principles. It would not be drawing too long a bow to see a potential comparison with with the rise of working-class racism in parts of Europe in parallel with, and partly as a result of, the main left-of-centre parties’ capacity to exercise moral and political leadership of working class people.

  20. 20 Ken LovellNo Gravatar

    The court does not know everything the minister does, the minister may not be able to release all information and the court could only have evaluated the evidence before it.

    Jeez poor old Harry’s all worked up eh … the bit about stoning Iranian adulterers was powerful stuff, although its relevance to the matter of Dr Haneef’s visa wasn’t entirely clear. I guess when you’ve got so much incoherent bile to get off your chest, sometimes the deranged left just isn’t a broad enough target.

    It just goes to show how some people still pine for the Cold War and the world of Ian Fleming, when intelligence gathering concerned vast global conspiracies, not a few nutters trying to blow up car bombs … and the only truly trustworthy people were our heroic secret agents. I’m surprised HC’s prepared to allow even the minister to have access to all the facts, after all ministers are notoriously prone to gossip. Safer I reckon to let the intelligence agents control all information on a strict ‘need to know’ basis. And clearly when it comes to locking up foreigners who come from the terrorist equivalent of the Kray family, nobody needs to know anything.

    This is actually an excellent issue to see who the genuine libertarians are in the blogosphere and who are mere libertarian fellow-travellers, using it as a convenient cloak for their authoritarian tendencies.

    OH I just noticed that in comments Clarke made this staggering observation:

    If he is innocent he will walk free and get an apology.

    Gosh, I remember when I had that child-like faith in our institutions … Menzies was prime minister.

    Dump the Ian Fleming Harry … time to read some John Je Carré.

  21. 21 Ken LovellNo Gravatar

    *Le Carré.

  22. 22 LetmesleepNo Gravatar

    Please, please tell me that this is not happening. I just cannot believe the government will stoop this low. Where is the fairness in this process? Is Howard thinking that this will improve his electoral standing?
    What is happening to Australia? The government has pretty much ruined a young man’s life.
    Why couldnt they let the justice system run its course and then decided on whether to cancel Dr Haneef’s visa based on the outcome. I heard Julian Burnside this morning and he said that if a person’s visa was cancelled, normally he would be deported immediately. In this case, Dr Haneef is not going to be deported and is going to be kept in limbo for god knows how long.

    I feel a sense of powerlessness and despair I have never felt before. I am disgusted with the Labor party. Shameless and unprincipled.

  23. 23 skepticlawyerNo Gravatar

    Robert, good to see that his lawyer’s thinking. I hope he can persuade Haneef’s family not to post bail on his behalf (many immigrant families in my experience find failure to post bail shameful, and hock their houses, family heirlooms, the whole shebang, to get son or daughter out of chokey).

    Then it will be interesting to see if someone posts bail on his behalf, as Katz suggests. Qld doesn’t allow anonymous sureties any more, but this is a federal offence.

    A pity I’m so busy today, otherwise I’d have done a detailed post on it over at Catallaxy. I’ll still try to do something later today, time permitting.

  24. 24 BeppieNo Gravatar

    All I can say is that I felt ashamed to be Australian when I heard this on the news this morning. No one seemed to be debating it or treating it as contraversial… it’s sickening.

  25. 25 Craig McNo Gravatar

    As the conscience of the ALP, it’s time for Carmen Lawrence to speak up and pressure Rudd over this travesty. Organise some publicity with Julian Burnside and gather wall-to-wall coverage of this issue on the ABC and in Fairfax between now and the election. That’ll teach Howard!

  26. 26 steve at the pubNo Gravatar

    What you are suggesting Craig Mc, will deliver an election victory to Howard.

    The populace spook quite easily on matters of security, getting all Carmen Lawrencey & Julian Burnsidey about it will drive voters to Howard.

  27. 27 Craig McNo Gravatar

    Shh SATP, I was trying to fly it under the radar.

  28. 28 GuidoNo Gravatar

    We are wrong. Glen Milne told us so.

  29. 29 via collinsNo Gravatar

    “The populace spook quite easily on matters of security,”

    SATP, happily that cynical POV seems to have sputtered out of steam. Of course, 40 weeks of polling may yet stand incorrect, but I’d say the majority of the populace have decided they won’t be spooked by manufactured security issues.

    Tiem will tell.

  30. 30 Gummo TrotskyNo Gravatar

    Immigration Minister Kevin Andrews says Gold Coast-based doctor Mohammed Haneef will be deported from Australia, regardless of the outcome of criminal proceedings against him.

    And here’s a former Liberal state attorney-general explaining the legal principles involved:

    Former New South Wales attorney-general John Dowd, who is now with the International Committee of Jurists, says the decision will appeal to sections of the public.

    “This is a vote-winner for the Government,” he said.

    More here.

  31. 31 KatzNo Gravatar

    The populace spook quite easily on matters of security,

    But the Chicken Littles in their midst need to be much more persuasive these days than CMc and SATP.

    Perhaps Ratty should put Goosey Loosey on the job, because CMc and SATP don’t appear to be up to it.

  32. 32 curious cowNo Gravatar

    Shaun,
    Thanks for the reply. I’d like to see some evidence , any evidence that winning hearts and minds really makes a significant difference.
    The IRA was successfully infiltrated - it didn’t stop the bombing campaigns but led to splits in the stategies pursued I recall. The general populace seemed to think that killings were unacceptable but the committed gunmen on both sides weren’t deflected from their chosen courses. Overall the bombing campaign seems to have brought negotiations forward but the support the IRA enjoyed was wearing thin at that time .

    Perhaps the main problem I have with this idea is that I don’t think the people you would be tryng to appeal to with your fine and reasonable sense of justice respect that legal system. It may even be considered a suitable tool for them to exploit as they consider further actions?
    Katz, you appear to be arguing with yourself and as that seems to keep you happy I won’t disturb you .

  33. 33 Ken LovellNo Gravatar

    Why should Dr Haneef want to extend his visa anyway? If I were him I wouldn’t be staying here one day longer than was absolutely necessary.

  34. 34 Craig McNo Gravatar

    But the Chicken Littles in their midst need to be much more persuasive these days than CMc and SATP.

    Oh I won’t be doing any persuading - the left can do that much better than I ever could. e.g. Jon Faine’s program this morning would have been sweet, sweet music to Liberal Party ears.

  35. 35 Gummo TrotskyNo Gravatar

    Good point Ken. I wouldn’t be at all surprised if he decided he was better off in India.

  36. 36 Nicki LagrangeNo Gravatar

    Hopefully, when we’re all in dentention, the Government will finally be free enough to keep us all safe. Pray that day comes soon.

  37. 37 KatzNo Gravatar

    Oh I won’t be doing any persuading - the left can do that much better than I ever could. e.g. Jon Faine’s program this morning would have been sweet, sweet music to Liberal Party ears.

    Straw, meet drowning man!

  38. 38 Craig McNo Gravatar

    Katz, I look forward to hearing your call to Faine tomorrow morning. I may even get the ball rolling myself by calling Howard a fascist and saying how ashamed I am to be Australian at 8:55am. No sense letting the tenor of the morning be set by random opinions after all.

  39. 39 AppuNo Gravatar

    Please please can we set up a sim card collection and start mailing them to Mrs Haneefa in B’lore? Will everyone involved have to be arrested?Will my posting this cause me to be deported? How wonderful to feel a frisson of fear at the thought that expressing my opinion is once again full of risk.

  40. 40 Christine KeelerNo Gravatar

    The court does not know everything the minister does, the minister may not be able to release all information and the court could only have evaluated the evidence before it.

    Good grief. This little ‘I’ve been given highly imortant and sceret information that I couldn’t possibly pass on for national security reasons’ act that Andrews has going is more vomitous than watching Alexander Downer bang on about knowing more than the CIA.

    If the feds had anything substantial on the bloke it would have been presented in court, end of story.

  41. 41 KatzNo Gravatar

    CMc Mark I

    Oh I won’t be doing any persuading

    CMc Mark II

    I may even get the ball rolling myself by calling Howard a fascist and saying how ashamed I am to be Australian at 8:55am. No sense letting the tenor of the morning be set by random opinions after all.

    Make up your mind CMc. Which is it to be?

    Wild oscillations between inaction and intemperate action are primary symptoms of panic. Goosey Loosey stuff.

  42. 42 Craig McNo Gravatar

    Katz, that’s not so much persuading as it is laying out the welcome mat.

  43. 43 Andrew ReynoldsNo Gravatar

    Oops - looks like Ruddock missed some visas to revoke.
    Or else he has forgotten to declare the Tamil Tigers a terrorist group.

  44. 44 John GreenfieldNo Gravatar

    Shaun Cronin

    You are conflating two things here. One’s rights under the criminal law, and the right of foreigners to come to Australia. The latter are clearly considerably less than the former. As they should be.

  45. 45 John GreenfieldNo Gravatar

    It is more important than ever that the ALP wins the next election. It is the only thing that will stem the tide that is fast going out on decades of achievement.

    What an extraordinary belief! First of all, it was Labor that intoduced mandatory detention. Secondly, Labor has been totally on board with the government’s policies towards terrorism over the past ten years.

    What makes yo think Labor “deep down” does not care about global Islamic terrorism?

  46. 46 John GreenfieldNo Gravatar

    Tony of Sth. Yarra

    he has failed to reveal whether he is a man of principle or merely another cynical politician who sees electoral victory as his ultimate goal, not as the means to a more noble end.

    Be careful what you wish for! Remember, Howard’s most unpopular policies have involved him bucking opinion polls in favour of his own “principles.” On the other hand, many of his policies have involved him denying his principles. For example, he has not dumped Medicare.

    I have said it once and I will say it again. Kevin Rudd’s character is far more authoritarian and ideology-free than Howard’s.

  47. 47 GraemeNo Gravatar

    The media’s rush to scandalise and judge is the fundamental threat. From it flows hysteria, popular misinformation and then populist law-making.

    Sure governments sometimes enact heavy-handed policies. But at least they do so subject to all-party committee scrutiny, and the voices of the many (mostly small ‘l’) lawyers that festoon each party room.

    For once, I sense generalised concern about the over-the-top aspects of this case. By ‘over-the-top’ I mean there is zilch evidence Haneef is a risk or threat to Australia. Indeed if he’d been a player in the failed plots of any significance, the British would want him tried there.

    Even Beattie, normally a ‘me-too’ kind of politician, has criticised Andrews in unusually strong terms.

    The statement today that he WILL be deported REGARDLESS of the trial is remarkably prejudicial. In effect the Minister has made up his mind in advance and declared it publicly: even if when tested in court it is found that he had no reason to suspect his second cousin and mates were up to something on the other side of the world. They have no idea of due process.

    We’ll see: both the criminal courts and administrative law review may come back to bite the authorities.

    If on the other hand Haneef is convicted there will have been a finding that at a minimum, at the relevant time, he turned a blind eye to terrorist intent. Whilst as a lawyer the charge seems risible, as a citizen one can abhor any such behaviour.

  48. 48 GregMNo Gravatar

    If on the other hand Haneef is convicted there will have been a finding that at a minimum, at the relevant time, he turned a blind eye to terrorist intent. Whilst as a lawyer the charge seems risible, as a citizen one can abhor any such behaviour.

    It think that is the point of having the legislation. While for Haneef to be convicted there will have to be a finding of a bit more than turning a blind eye to terrorist intent (the charge is reckless assistance) Parliament makes laws on behalf of citizens and not on behalf of lawyers. Most citizens would, I think (some commenters at LP always excepted), think that terrorist acts are abhorrent and that the Parliament should pass laws for their prevention and prosecution even to the extent of prosecuting those who give assistance to terrorists. Whether or not a lawyer considers the charge risible ia irrelevant as it arises from a law of the Commonwealth and the lawyer must deal with it as such.

  49. 49 VilleNo Gravatar

    Just regarding Labor’s response (or lack thereof), I’m not really sure what other option they have available to them at this time. Assuming the underlying intention is to drive a political wedge through Labor, wouldn’t it be naive of them to walk straight into it?

    The sad fact of the matter is that much of this nation is jumpy when it comes to matters of national security and terrorism. Given the choice between doing the moral thing or submitting to politically generated hysteria, we have a tendency to prefer the latter (witness Tampa). Keeping a low profile and letting the Government dig its own grave is, spineless as it may be, the safest option politically.

    The big trouble with it is that it doesn’t allow us any glimpse into what the ALP might have done under similar circumstances had they been running the show.

  50. 50 Craig McNo Gravatar

    The big trouble with it is that it doesn’t allow us any glimpse into what the ALP might have done under similar circumstances had they been running the show.

    No, but commenters as found here do. It’ll be interesting to see if the left remembers that Howard’s greatest assets in the past have been his critics.

    Rudd does, but his circus mightn’t.

  51. 51 NabakovNo Gravatar

    Why not just deport the bugger before the trial? Should save a lot of time and paperwork all round.

  52. 52 steve at the pubNo Gravatar

    “The sad fact of the matter is that much of this nation is jumpy when it comes to matters of national security and terrorism.”

    The Australian people have an aversion for those who would kill them randomly, in wholesale numbers if possible. Gee, who woulda thought it?

  53. 53 KeithNo Gravatar

    Yet another expertly delivered lesson in How Not to Fight Terrorism. This is Guantanamo Bay-thinking from that clever Howard Government and its cheerleaders. Haven’t they learnt yet that dropping people into legal black holes isn’t a good look?

    I felt ill watching Kevin Andrews pretend that he had top secret reasons for locking Haneef up. Winning hearts and minds is clearly top of the agenda.

  54. 54 steve at the pubNo Gravatar

    Guantanamo Bay was not effective? Like fun it wasn’t. Not popular with the wankocracy for sure. But very effective.

    The prospect of being expressed off to Guantanamo Bay in blindfold & chains had suspects piddling in their pants & more ready to cooperate.

    The opinions of some idle wallies in comfortable western surroundings notwithstanding.

    Kevin Andrews won’t be pilloried by any but the rent a crowd for erring on the side of caution.

  55. 55 HelenNo Gravatar

    Predictable.

  56. 56 GregMNo Gravatar

    Predictable.

    Everything at LP is predictable, Helen.

    Which specific comment were you referring to?

  57. 57 KimNo Gravatar

    GregM - is it possible for you to comment on this blog without making constant derogatory remarks about the blog itself? It doesn’t suggest a particular willingness to engage.

  58. 58 Pavlov's CatNo Gravatar

    Everything at LP is predictable

    Compared to what?

  59. 59 Christine KeelerNo Gravatar

    The prospect of being expressed off to Guantanamo Bay in blindfold & chains had suspects piddling in their pants & more ready to cooperate.

    Oh yeah SATP? Who exactly?

  60. 60 KeithNo Gravatar

    The opinions of some idle wallies in comfortable western surroundings notwithstanding.

    One of the reasons that they’re ‘comfortable western surroundings’ is that we don’t have a history of abusing executive power to lock people up on secret information, without judicial recourse (or so the Government hopes, at least).

  61. 61 GregMNo Gravatar

    GregM - is it possible for you to comment on this blog without making constant derogatory remarks about the blog itself?

    The remarks aren’t constant Kim. Most of my comments are a damned sight more considered, measured and researched than those of many of your punters here, about whom I haven’t seen you make a murmur of criticism. I’m not sure how one can engage with someone who, as one of your commenters did on a recent thread, witout a word of dissent, disagreement or objection from you, make an associatiopn between being white and being (as he supposed, without any evidence) being Christian anbd being a Nazi.

    If you are asking me to lift my game then I suggest you look at your own.

  62. 62 KimNo Gravatar

    I’m merely suggesting that you engage without personally reflecting on others. That’s all.

  63. 63 GregMNo Gravatar

    Compared to what?

    Compared to whatever the punter has ever posted before. You just know that whatever the issue whether it be from to regular Lefties (Katz et al) or the regular Righties (SATP et al) just what they’ll say before you even read it. They don’t disappoint in their predictability, but then Kim criticises me for a lack of willingness to engage. Not a word about their incapacity or refusal to do so but apparently the extent of her knowledge of the word engagement is as meaningless posturing.

    There are in fairness, honourable exceptions; Gummo, Nabs, Brian and Robert Merkel immediately come to mind as people who post with a sense of engagement and a regard for the facts in discussing issues.

  64. 64 KimNo Gravatar

    I’m not constantly online by the way, and don’t read all the threads. I happen to be now and am reading this one.

    This is getting far too meta, which is the danger when you start off with these remarks. Back on topic everyone, please.

  65. 65 GregMNo Gravatar

    I’m merely suggesting that you engage without personally reflecting on others. That’s all.

    My comment which drew your criticism didn’t personally reflect on others. Helen’s comment, “Predictable“, did personally reflect on some other commenter. I asked, for the sake of clarity which commenter she was personally reflecting on. You have criticised me for doing that but not her for personally reflecting on others. Why?

  66. 66 steve at the pubNo Gravatar

    GregM, when you term me a “regular rightie” I hope this is meant as an antonym for “wrongie”?

    Not everything is predictable on this site. Who would ever have thought that the inner circle here would vigorously defend the right of a 457 visa holder to remain in the country no matter what.?

    I shall save this nugget up in case sometime in the future I may require some support to stand up for the rights of a 457 visa holder to remain in the country and continue to take the job of an Ozzi worker.

  67. 67 KimNo Gravatar

    GregM, I’ll just point out that you claimed in your last comment that I didn’t know the meaning of engagement. That seems to me to be a personal reflection. I won’t add any more, because our comments policy says we don’t debate moderation publicly. With good reason - it derails discussions. So please go back on topic.

  68. 68 John GreenfieldNo Gravatar

    Ville

    Assuming the underlying intention is to drive a political wedge through Labor, wouldn’t it be naive of them to walk straight into it?

    The only way this can happen is if Labor does not have a position on these issues OR they are in agreement with the government.

  69. 69 John GreenfieldNo Gravatar

    Unlike just about every country on the planet, Australia has not suffered from an Islamist attack. In my book, that means we continue to support the government’s strategy.

  70. 70 naskingNo Gravatar

    Dump the Ian Fleming Harry … time to read some John Le Carré.

    will go down a treat Ken…particularly w/ this convenient return to ‘Cold War’ politics…i imagine the intelligence officers are excited…much less exacting sitting in a Moscow hotel chatting to some fox, rather than attempting to infiltrate a bunch of swarthy types w/ Highlander tendencies. Just in case Senate investigations derail Cheney’s plan to play w/ his toys in Iran, the military industrial complex can put that little adventure on hold & ramp up the “I’ll show you my nuke-tipped one, if you show me yours” game.

    Lucky us. Best we slim the kids down tho so they can slip easily under the desks when the alarms start sounding. Sorry, but Southern Fried Chook will be right out the backdoor…;)…kinda like Haneef’s Civil Rights.

  71. 71 Gummo TrotskyNo Gravatar

    Unlike just about every country on the planet, Australia has not suffered from an Islamist attack. In my book, that means we continue to support the government’s strategy.

    That reminds me - I’ll have to spread some more elephant repellant on the front lawn tomorrow. We’ve never had a herd of elephants invade the garden yet, so I guess it must be working.

  72. 72 steve at the pubNo Gravatar

    Aha! Gummo has nailed the solution.

    There are no elephants in Australia. Except a few caged samples in zoos.

    If we really want to keep Australia safe from Muslim terrorist attack, then all we gotta do is……..

  73. 73 KimNo Gravatar

    More from David Tiley.

  74. 74 naskingNo Gravatar

    If we really want to keep Australia safe from Muslim terrorist attack, then all we gotta do is……..

    ahhh…like the “War Relocation Centers” in America, where they shoved 110,000 Japanese-Americans…I take it you’d like to use Christmas Island and those other infamous Detention Centres?…then Haneef would have plenty of company eh?…Wouldn’t that do wonders for social cohesion?

    Gimme a break!

  75. 75 MichaelNo Gravatar

    John Greenfield: Unlike just about every country on the planet, Australia has not suffered from an Islamist attack. In my book, that means we continue to support the government’s strategy.

    I don’t recall any Islamist attacks on Ireland, Iceland, Norway, Sweden, Finland, Denmark, the Baltic states, Poland, Czech Republic, Slovakia, Hungary, Belarus, Ukraine, Austria, Romania, Bulgaria, Slovenia, Croatia, Bosnia, Macedonia, Albania, Italy, Switzerland, Luxembourg, Belgium, Monaco, Portugal, Malta, Canada, Mexico, Guatamala, Nicaragua, El Salvador, Costa Rica, Panama, Honduras, Cuba, Dominican Republic, Haiti, any of the smaller West Indian island countries, Suriname, Guyana, Colombia, Peru, Bolivia, Ecuador, Chile, Paraguay, Uruguay, Argentina, Brazil, any Pacific Island country, New Zealand, PNG, East Timor, Brunei, Singapore, Malaysia, Vietnam, Cambodia, Laos, Burma, Bangla Desh, Sri Lanka, Nepal, Bhutan, Mongolia, either of the Koreas, Japan, Taiwan, Iran, Oman, United Arab Emirates, Azerbaijan, Turkmenistan, Kazakhztan, Libya, Mauretania, Niger, just about any of the sub-saharan African countries with the exception of Kenya and Tanzania (IIRC) in the latter the al-Qaida attacks on US embassies in ‘98.

    Indeed, the countries outside of the Arab League and Islamic world that have experienced Islamist attacks are very few: India but that’s complicated by it’s Kashmir problems vis a vis Pakistan, possibly China in the Xinjiang region where such attacks are as much fueled by local Uighur nationalism, Russia of course as a result of it’s Chechen wars, Thailand due to separatist issues in Islamic south, Spain as a result of it’s participation in the invasion of Iraq, UK ditto, France has had terrorist activity not necessarily Islamist stemming from Israel/Palestinian issues and North African/Algerian issues, Germany, also stemming from Israel/Palestine issues and Kurdish issues; a couple of assassinations in Netherlands; and finally the US as a result of its own major political and military involvements in the Middle east.

    Our government has implicated us in the invasion of Iraq and embroiled us consequently in Middle Eastern politics in suport of the US and has adopted laws that are a serious threat to civil rights. The former has set us up very strongly as a terrorist target and the latter has really yet to be found proven as being in any way effective in deterring a terrorist attack. IMHO the main reason we have not experienced such an attack is that the question of distance plus the fact that in Iraq we really make no difference whatsoever to what is going on there

  76. 76 MichaelNo Gravatar

    Michael: Thailand due to separatist issues in Islamic south

    And I should add Philippines ditto

  77. 77 MichaelNo Gravatar

    I recommend Julian Burnside’s article in today’s Age:
    A Case of Justice Denied
    The treatment of Mohamed Haneef compromises Australia’s legal system and puts at risk the way of life the Government says it is fighting to protect

  78. 78 MichaelNo Gravatar
  79. 79 SpirosNo Gravatar

    “Unlike just about every country on the planet, Australia has not suffered from an Islamist attack”

    Just about every country on the planet?

    Apart from Australia, the following incomplete list countries haven’t suffered an Islamist attack:

    In Europe:

    Portgual, Belgium, Czeck Republic, Switzerland, Norway, Denmark, Iceland, Hungary, Estonia, Italy, Greece, Austria, Monaco, Germany, Luxembourg, Sweden, Lithuania, Latvia, Romania ….

    In our region:

    New Zealand, Fiji, Papua New Guinea, Tonga, Nauru, Solomon Islands …

    In Africa

    South Africa, Zimbabwe, Lesotho, Benin, Equitorial Guinea, Guinea Bissau, Zambia, Swaziland, Ivory Coast, Uganda ….

    In Asia

    Japan, South Korea, North Korea, Vietnam, Cambodia, Laos ….

    In North America, Central America, the Caribbean and South America

    Only the United States has suffered from an Islamist attack.

  80. 80 SpirosNo Gravatar

    Apologies to Michael. Our posts crossed.

  81. 81 Paul NortonNo Gravatar

    Cuba, North Korea, Vietnam and Laos are listed by Michael as having not experienced Islamic terrorist attacks. Is it drawing too long a bow to suggest that the Howard government is modelling its anti-terrorism strategies on the obvious success of these countries which have given short shrift to bleeding heart nonsense about civil liberties and judicial independence?

  82. 82 MichaelNo Gravatar

    No worries, Spiros. Great minds think alike as they say and said in all humility

  83. 83 GregMNo Gravatar

    Cuba, North Korea, Vietnam and Laos are listed by Michael as having not experienced Islamic terrorist attacks. Is it drawing too long a bow to suggest that the Howard government is modelling its anti-terrorism strategies on the obvious success of these countries which have given short shrift to bleeding heart nonsense about civil liberties and judicial independence?

    Yes it is.

  84. 84 Paul NortonNo Gravatar

    The serious point underpinning my previous comment is well made by al loomis and Terje at John Quiggin’s blog:

    difficult as it is to believe, many people don’t understand that no terrorist organization can compete with unfettered police as a danger to a nation. even those who imagine the local gestapo will be picking up ‘undesirables’ only, “not our sort�, are due for a hard education.

    I pretty much share all the concerns raised by John