Bloggers: Your legal rights if THEY contact you.
October 22nd 2006 20:50
Not you.
First of all,who is THEY?
Your basic legal rights have not changed in a western English speaking country because of the introduction of terrorism laws. See below. Some of our voters have already pointed out that they have been contacted about “things” they have written but it is not established if this was in a blogging site or an article. Don't listen to anyone who says that THEY are not reading what you are writting, THEY are. In any case it may happen and you need to know your basic rights.
a. The name of the person
b. The authority they represent e.g. CIA, FBI, ASIS, ASIO
c. The identity number of the person, Federal police or State police number or ASIS or ASIO authority number.
d. The reason for the contact. What have they read? Why are they speaking to you about it?
Then record the information and DON’T TALK TO THEM. Remember anything you say will be recorded, distorted, corrupted and used in a court.
Detention: What if THEY want you to go with them?
Let’s leave aside customs or leaving the scene of a crime. We are talking about your home or the street if approached. THEY may ask you to accompany them to a place to ask you more questions or to help them. DON’T GO WITH THEM. You do not have to assist a police person or authority, go with them to an office or do anything other than go about your business unless THEY are prepared to charge you. You are only obliged to accompany them if charged. Then establish
b. What authority do they have to enter your premises, search it or detain any property. Look at the warrant. Is it correct and is the date correct?
c. What is the evidence for the charge?
d. What are your rights and what do they now propose to do with you?
If you do then accompany them, which is advised but only if charged. DON’T TALK. Do not believe them if they say you are not entitled to phone someone. You have the right to remain silent. Exercise that right. If you say anything it will be recorded, distorted corrupted and used in a court of law. You have a right to legal counsel and to have someone speak on your behalf. Always exercise that right.
If they do charge you Habeas Corpus applys. They must bring you before a magistrate or judge within a statuatory period, twenty four hours saving the weekend. Exceptions occur if you are a stateless person, see below.
If you ever were to go to court, its hard to imagine that on the basis of a blog, though they will tap your phone and read your mail and probably are already doing it, you simply tell the truth, where you got the information from and who told you. Remember you are a blogger, not a journalist, so you have no obligation to protect your sources.
For information about Australian Terrorism laws read
http://www.comlaw.gov.au/ComLaw/Legislation/Act1.nsf/0/146118F3133FC89DCA2571A00024C2FF/$file/144-2005.doc
the Anti Terrorism Act (No. 2) 2005
What THEY think you look like.
Al-Kateb v Godwin was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa. The Minister for Immigration's decision refusing his application was upheld by the Refugee Review Tribunal and the Federal Court. In 2002 Al-Kateb declared that he wished to return to either Kuwait or Gaza.[1] However, when it was discovered that no country would accept Al-Kateb, rendering him stateless, he was detained under the policy of mandatory detention
| 89 |
| Vote |
Subscribe to this blog
Comment by Adrienne
Comment by spain01
Juan Carlos
spain again
While your'e about it
Viva l'difference
Fire News Blog
Cities dying of thirst.