ID :
95687
Fri, 12/18/2009 - 19:54
Auther :

AFP given new rules after Bali Nine


Federal police will now need ministerial approval to co-operate with international
investigations that could result in the death penalty.
The changes, announced quietly on Friday, have come too late for three Australians -
Andrew Chan, Myuran Sukumaran and Scott Rush - who are on death row for heroin
smuggling following a joint Australian-Indonesian police operation.
From Friday, any co-operation with international criminal investigations will
require ministerial approval.
Many other conditions are included in the changes.
"The new guidelines will require senior AFP management to consider a set of
prescribed factors before providing assistance in matters with possible death
penalty implications," Attorney-General Robert McClelland said in a statement.
Nationality, age and personal circumstances will all be taken into account.
And diplomacy won't be forgotten. "Australia's interest in promoting and securing
co-operation from overseas agencies in combating crime" will also be taken into
account.
Ministerial approval will be needed in any case in which a person has been arrested,
detained, charged with, or convicted of, an offence that carries the death penalty.
Another major change forces the police commissioner to report bi-annually to the
minister for home affairs on co-operation in international investigations where an
Australian possibly faces the death penalty.
"These changes follow a thorough examination of existing policy and represent a
balanced and responsible approach that provides greater clarity and accountability,
while maintaining our commitment to combating transnational crime," Mr McClelland
said.
Reaction to the changes, made by regulation, was muted with opposition legal affairs
spokesman George Brandis offering no comment.
NSW Council for Civil Liberties secretary Stephen Blanks said the announcement was a
move in the right direction but the government needed to go one step further and
convert the guidelines into law.
"While we welcome the attorney-general's announcement, this needs to be enshrined in
legislation and not just a guideline," Mr Blanks told AAP.
"Exposing Australians to the death penalty is not simply a matter of being at the
whim of the attorney-general or the government of the day."
The changes come on the same day as the government responded to the Roger Beale
audit of the AFP.
Changes to the policing of airports and the appointment of a third deputy
commissioner are among Mr Beale's recommendations.
Fully sworn AFP officers will become responsible for airport security instead of a
mixture of police.
Home Affairs Minister Brendan O'Connor said the change would improve the
counter-terrorism work at the nation's major airports.
"The measures the government is implementing will ensure the AFP, as the core
commonwealth law enforcement agency, is well equipped to combat serious crime,
terrorism and other security threats," Mr O'Connor said.




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