Another Attack On Our Fundamental Rights

Amidst the tragi-comic farce occurring in Canberra last week, few noticed a fundamental attack on our rights taking place in New South Wales by an allegedly conservative government.

The right to silence, a fundamental right at the core of western liberal democracies as a vital check and balance upon the power of the government and protection of the innocence has just been abolished. That’s right, a right going back 400 years in the United Kingdom, which was enshrined in the US Bill of Rights, which is recognised in key international human rights documents such as the International Covenant on Civil and Political Rights: gone.

As our good friends at the IPA stated:

The right to silence is a key pillar of our legal system, developed over more than 400 years of English common law. Removing it undermines procedural fairness and creates an unjust legal system. The freedom to remain silent is a vital safeguard against state tyranny and it should never be removed.

Judges can already instruct juries to draw adverse inferences in certain cases where defendants fail to assist police investigations, so there is no justification for any erosion of the right to silence.

Fundamental legal rights must not be tampered with.

The New South Wales government should recognise their mistake and reverse what they have done.

This is just the latest attempt by Australian governments of all political stripes to remove basic legal rights, such as the right to silence, the presumption of innocence and the privilege against self-incrimination

Why does this matter? Isn’t it only criminals who have something to hide? Well, no. The right to silence isn’t there to protect criminals – it’s there to protect the innocent. Whether it be protecting people being coerced into making false confessions, or having their words manipulated or misquoted, or simply against overzealous police. it is a vital protection of the rights of the innocent.

Don’t agree with me? I would STRONGLY urge everyone to take the half hour necessary to watch the below video. It’s what changed my mind on this, and, while delivered in the US, is just as relevant here today.

One Response to “Another Attack On Our Fundamental Rights”

  1. Sam Gropler 25 March, 2013 at 7:52 pm #

    Years ago, I made a post on a forum about the loss of the right to silence. For years now, under OH&S laws, it’s been illegal to refuse to speak when questioned by a Workcover office. The various NSW governments are each just as guilty of stripping our rights, it’s just that the Liberals have gone and made it so that it applies to all criminal cases now.

    We have no rights, we are allowed to do what the people allow us to do. We have no rights and we only have ourselves to blame.

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