Colin Mitchell, Melbourne
On July 24, activists from Civil Rights Defence (CRD) protested in front of the County Court at the committal hearing of 13 Muslim men arrested in raids in Melbourne last November and March. The men are accused of constituting a terrorist organisation and are charged with belonging to and supporting that organisation.
That the group of men actually comprised an organisation is highly doubtful. The evidence against them is largely in the form of recorded expressions of opinion and discussion of radical ideology, raising the spectre of "thought crime" divorced from concrete action.
This case threatens the principles of freedom of speech and political expression, and highlights the dangers of terror laws that target individuals on the basis of what they might do, not what they have done or any plans for specific crimes. The "Melbourne 13" are not charged with planning any specific terrorist acts.
The Victorian Greens' David Risstrom and Yarra city councillor Steve Jolly spoke in front of the court, along with members of CRD. Placards declared, "Thought crime is not a crime" and "Talk is not crime".
The example of Jack Thomas should cause us to doubt that the Melbourne 13 pose any threat to Australia. Thomas, whose appeal also started on July 24, was cleared of all terrorism charges, but was jailed for receiving money from terrorists, even though the jury and judge accepted that he had no intention of using the money for terrorism. So a man who represents no threat to Australia is nevertheless in jail as a result of terror laws.
The prosecution in the Melbourne 13 case is using the vague and broad definition of a terrorist organisation contained in the 2002 terror laws, which includes the "indirect fostering" of a terrorist act. Yet there is little or no evidence of any formal organisational structure amongst the men. If the prosecution succeeds it could open the door to the criminalisation of groups of individuals expressing radical ideology and opinions.
An undercover police officer infiltrated the Melbourne group and, in a "sting" operation, went to a location with Benbrika, the alleged spiritual leader of the men, and conducted a test of an explosive device. The police have previously used this tactic — which has been discredited because it is incitement to commit a crime — notably against Zeky Mallah who was offered $3000 by an undercover operative posing as a journalist to produce a video saying he wanted to shoot ASIO officers. At his trial, Zeky was found not guilty of intending to kill ASIO officers.
The terror laws are being used for political purposes by the government and security agencies. The Melbourne 13 were arrested in media-sensationalised raids at a time when the government wanted to introduce its new raft of terror laws and deflect attention from its new industrial relations legislation. Following the raids, the terror laws were introduced without opposition.
The Melbourne 13 are being held at Barwon prison near Geelong, in solitary confinement for long periods, humiliated with strip searches, shackled when transported, isolated from family and friends, and with restricted access to lawyers. This is punishment before trial.
On August 20, CRD will be holding a bus ride to Barwon and a rally in front of the prison. Tickets for the bus are $20 ($15 concession). To book a seat, phone 0400 841 057 or buy a ticket at the New International Bookshop in Trades Hall, corner of Lygon and Victoria streets, Carlton.
[CRD meets every Tuesday at 6.30pm at the New International Bookshop. All welcome.]