[asia-apec 1180] APEC Monitoring Group on Today's SIS Court Ruling

[Gatt Watchdog]

MEDIA RELEASE FROM AOTEAROA/NEW ZEALAND APEC MONITORING GROUP
FOR IMMEDIATE USE

6 JULY 1999

Opponents of the APEC forum were concerned and disappointed at the
Court of Appeal judgement in the Choudry case released today.

Four of the five judges have ruled that the SIS (Security
Intelligence Service) does not have to participate in full
disclosure to the High Court of documents relating to their
illegal break-in of Mr Choudry's house during a 1996 APEC Trade
Ministers Meeting in Christchurch.

The judges ruled that a certificate provided by Prime Minister
Jenny Shipley saying the release of the documents will prejudice
national security, an "ongoing security concern" and relate to an
"operational matter" is sufficient reason to prevent the High
Court judge in the case from reviewing the documents.

The APEC Monitoring Group agrees with dissenting Court of Appeal
Justice Thomas that this ruling effectively gives the SIS and the
Prime Minister protection from any real scrutiny of their
activities and allows them to use the "mantra of national
security" to keep secret from public and judicial view any
information they deem to be prejudicial to their activities.

"This judgement is particularly disturbing coming as it does in
the year New Zealand hosts the APEC forum.  The government has
already shown its willingness to break the law when it comes to
opponents of APEC and its free trade agenda.  Given the extreme
measures the government has been willing to employ to avoid
explaining the activities of the SIS during the 1996 APEC Trade
Ministers meeting any assurance given that opponents of APEC in
1999 will have their right to dissent protected and respected can
only be treated with suspicion and contempt", said spokesperson
Leigh Cookson.

Harassment of APEC opponents has already begun with SIS and Police
Threat Assessment Unit officers visiting the homes and workplaces
of people from migrant communities.  There is real concern that
the presence of officials and leaders of the 21 APEC nations in
New Zealand will be used by the National government as an excuse
to harass and spy on the opponents of its free market economic
ideology.  "If as this judgement seems to suggest Jenny Shipley
and the SIS are totally unaccountable to Parliament, the judiciary
and the New Zealand public then we should be afraid, be very
afraid" said Leigh Cookson.

Contact: Leigh Cookson (APEC Monitoring Group) 03 3662803