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Australia mulls 'indefinite detention' powers

July 25, 2016

Australia has said it wants to detain those convicted of terrorism indefinitely if it feels they pose a continuing threat. The mass killing in Orlando, Florida and Nice, France were cited as reasons for tough measures.

https://p.dw.com/p/1JVEZ
Australien Bundespolizei Federal Police Brisbane
Image: picture-alliance/dpa/D.Hunt

Individuals convicted for terror-related offenses could be kept in prison after serving their sentences, if they are deemed a continued threat, according to new anti-terror laws announced Monday by the Australian government.

"This legislation will enable additional periods of imprisonment for terrorist offenders who have served their sentences, but are still judged to present an unacceptable risk to the community," Prime Minister MalcolmTurnbull said in a statement.

The legislative proposal, to be discussed with state and territory officials who must then pass legislation, is similar to arrangements already in place for sex offenders and extremely violent individuals in some states.

Germany has controversially employed "preventive detention" for repeat violent offenders - especially those convicted of sex crimes.

Attorney General promises legal safeguards

Australia's Attorney-General George Brandis said the courts would supervise the process of those held past their sentences, with regular reviews and reassessments.

Australien Premier Minister Malcolm Turnbull
Prime Minister Malcolm Turnbull says the measures would be similar to existing laws concerning the detention of sex offenders and violent criminals deemed an ongoing threat.Image: picture-alliance/dpa/L. Coch

"It will of course only apply to individuals who, as they approach the end of a sentence of imprisonment, continue to pose an unacceptably high risk to the community because of their failure to be rehabilitated as a result of a penal sentence," Brandis said.

Some 44 people have been charged with terrorism-related offences in Australia since 2014, including some involved in the planning of mass attacks on the public, Turnbull said.

Under the proposed anti-terrorism laws, the age at which children could be held would be lowered from 16 to 14 years of age. Other measures to strip convicts of their Australian citizenship have already been approved.

The latest initiative will almost certainly be questioned by civil libertarians who question the democratic principles of confining people past a jail term imposed by a court of law.

jar/rc (AFP, Reuters)