KEY POINTS:
Amnesty International believes Ahmed Zaoui's right to a fair hearing is being seriously compromised by the secrecy shrouding his security risk certificate review, which opens in Auckland tomorrow.
This is the first time a security risk certificate has been tested in New Zealand but the secret sources and secret evidence that are being given as a reason to require a secret hearing challenge basic fair trial rights, said Amensty International spokeswoman Margaret Taylor.
"The rationale for a public hearing is to ensure that justice is not only done but is seen to be done. Ahmed Zaoui has requested a public hearing," she said.
"By failing to give Mr Zaoui the public hearing, the government will arouse understandable suspicion about the integrity of its evidence and its processes."
Mr Zaoui, elected as an MP in Algeria, arrived in New Zealand in December 2002 and sought refugee status, saying he would be tortured or killed if he went back to Algeria.
He spent almost two years in prison waiting for his case to be decided as he fought an SIS certificate declaring him to be a security risk who should not remain in New Zealand.
Mr Zaoui was declared a genuine refugee in August 2003 by the Refugee Status Appeals Authority and released on bail in December 2004 where he has lived with the Catholic community in Auckland in the Dominican Priory.
Tomorrow's hearing, which was delayed a year for a variety of reasons, will be one of three possible hearings into the case involving two different sets of legal representatives because classified information is involved.
"The lack of transparency in the trial process favours the prosecution over the defence, and does not inspire confidence in a fair outcome," Ms Taylor said.
Amnesty International would be demonstrating its concerns outside the court tomorrow.
- NZPA
