Friends of Scott Parkin

E-mail the Attorney General

Full Name:

Street:

Suburb/town: State: Postcode:

Your e-mail:

Subject:

Message:

Please edit and/or add your own comments

Dear Mr McClelland,

Scott Parkin is a citizen of the United States who was detained and removed from Australia in September 2005 after the Director General of Security, Mr Paul O'Sullivan, issued an adverse security assessment relating to Mr Parkin.

I am aware that Mr Parkin was not, and has never been, charged with any crime under Australian law. Nor was he provided with any reason for his detention beyond the assertion that a 'competent authority' had advised that he represented a 'direct or indirect' threat to national security.

Mr Parkin's advocacy and practice of strictly nonviolent methods of achieving social change are well documented. Subsequent to the issuing of the adverse assement, Mr O'Sullivan himself gave evidence to the Senate Legal and Consitutional Affairs committee that Mr Parkin was not involved in violence in Australia.

I believe that Mr Parkin's treatment violates Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which declares that no-one shall be subjected to arbitrary arrest or detention, and that anyone who is arrested shall be informed of the reasons for their arrest.

I understand that as a non-citizen, the only legal remedy available to Mr Parkin is to take civil action against the Director General of Security, and that Mr Parkin has launched such an action in the Federal Court.

Under the provisions of the National Security Information (Civil and Criminal Proceedings) Act, you have the ability to issue a conclusive certificate preventing witnesses appearing or evidence being presented in an open court where you deem this to be prejudicial to national security.

I draw your attention to the concerns expressed by the President of the Human Rights and Equal Opportunity Commission, The Hon John von Doussa, that the exercise of this power under the Act may compromise both the right to a fair and public trial and the right to effective remedy for violations of human rights, particularly in relation to decisions to detain or deport non-citizens.

Prior to your Government's election in 2007, you promised to 'engage Australians with the sensible principles the world uses to promote human rights and to ensure international security is strengthened.'

After your appointment as Attorney General, you said: 'While we must fight terror with determination, we must also do so by promoting justice, the rule of law, genuine peace and inclusive development. To do otherwise risks losing public trust.'

In accordance with your promises to promote human rights, justice and the rule of law, I ask for your undertaking that you will not issue a conclusive certificate preventing the appearance of evidence or witnesses in proceedings relating to Mr Parkin. I also ask that you take steps to restore Mr Parkin's human rights by directing the Director General of Security to inform Mr Parkin of the specific allegations upon which the adverse assessment was based.

I look forward to your prompt reponse to my letter.

Yours sincerely,

Your name will be appear automatically at the end of your message

All fields must be completed.