Court backs Zaoui's right to summary of SIS data

By CATHERINE MASTERS

Ahmed Zaoui has won a milestone High Court victory in his fight to find out why he is still behind bars.

Judge Hugh Williams says the Algerian politician is entitled to a summary of the secret information the SIS claims to have on him.

In his decision issued yesterday, Justice Williams also says Mr Zaoui is entitled to have human rights obligations taken into account in the review of his security risk certificate.

The secret information is the reason the SIS issued the country's first security risk certificate against him in March but has refused to tell him what the information relates to.

The certificate is the reason Mr Zaoui remains in jail despite being declared a genuine refugee this year.

It is being reviewed by Justice Laurie Greig, the Inspector-General of Intelligence and Security, who this year ruled out giving Mr Zaoui a summary of the secret information and also said he did not have to take Mr Zaoui's human rights into account in his review.

Mr Zaoui's lawyers challenged those rulings in the High Court at Auckland and last night one of them, Deborah Manning, said that although Justice Williams' decision was a double victory, it was still just the first step along a very long road.

"Mr Zaoui's fate is by no means assured in light of this decision. All it does is provide him with basic standards of fairness. He will get a summary so the issue is going to be the extent of that summary."

What happens next is complicated by the fact that Mr Zaoui's lawyers have called for Justice Greig to voluntarily step aside from the review after his notorious "outski" comments which they believe show bias.

They must now wait for him to consider Justice Williams' judgment and provide a summary of the secret information - but are also waiting to hear whether he will stand aside.

If he does, someone else will have to be appointed to review the security certificate, starting all over again.

If Justice Greig does not stand aside, there could be a further judicial review challenging his decision to continue on the case.

Last night, Green Party MP Keith Locke said the decision by Justice Williams was a major victory for human rights in New Zealand - "so that we won't accept secret and blind justice that was being dished up by the Inspector-General and the Government in this case.

"I hope it makes them think again about the whole case. The other thing is, there has been so much bumbling from day one from the SIS and the Inspector-General that Mr Zaoui has had to suffer badly for over a year in jail because of all of that, and perhaps in consideration of that they should let him out."

Progressive MP Matt Robson said the decision was a victory for common sense and the rule of law.

"New Zealand is a voluntary signatory to international agreements on human rights and it is an absolute requirement that Government agencies take into account international human rights agreements that New Zealand has entered."

The Crown Law Office would not say last night if it would appeal.

December 19, 2003
High Court at Auckland judgment:
Ahmed Zaoui v Attorney-General and Inspector-General of Intelligence & Security [PDF]