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Habib and Gabe Watson

Posted by: Michael Smith | 3 March, 2010 - 1:15 PM

Last Friday, the Full Court of the Federal Court dismissed an action by the Commonwealth to strike-out a claim made by Mamdough Habib against the Commonwealth. Habib wants the Commonwealth to compensate him for injuries suffered during his alleged torture in Pakistan, Egypt, Afghanistan and Guantanamo Bay.

The Commonwealth contended that the Federal Court could not hear Mr Habib's claim because it would require the court to determine the lawfulness of the acts of foreign officials within the territories of foreign states, contrary to the 'act of state doctrine'.

The “act of state doctrine” generally provides:
• that every sovereign State is bound to respect the independence of every other sovereign State, and
• the courts of one country will not sit in judgment on the acts of the government of another, done within its own territory.

Keep in mind it was the Australian Government that was arguing that the “act of state doctrine” applied. The Government clearly believes it’s important that our courts and legal system don’t interfere in the legal systems of other sovereign states.

So how does that sit with the executive government in Queensland, politicians like Anna Bligh and Cameron Dick and their decision to withhold evidence from authorities in the US state of Alabama?

Justice and politics don’t mix.

Blog comments

Thank you so much for shedding light on this situation and comparing it to the unlawful attempt to deny justice to my sister, Tina Thomas, once again.

Alanda Thomas Friday 2 April, 2010 - 12:34 PM
The Blight govt, by not complying with the state of Alabama's request for documents, is patently interfering with another country's justice system.
Surely there is something in our constitution that prevents that.

Mal. Wednesday 10 March, 2010 - 9:03 AM
Apart from the obvious inconsistencies in their reasoning, ( perhaps they can't afford to let the public see just how corrupt and inept the system has become )
In this instance I fail to see why we the taxpayers are liable for compensation to be paid for someone who was allegedly tortured in Egypt, Pakistan, Afghanistan and Guantanamo bay, can someone please tell me where in Australia these areas are and who forced him to go to these areas

unimpressed Friday 5 March, 2010 - 9:53 AM
Anna Bliar and the rest of her incompitent clowns are the greatest single example of why there is a "Seperation of Powers" in our society.

Darryl Thursday 4 March, 2010 - 12:30 PM