Victorian police granted order to hold man without charge following Melbourne raids

http://www.theguardian.com/australia-news/2015/apr/19/melbourne-teenager-charged-with-terrorism-offence-as-three-released

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Victorian police have detained without charge a man who was arrested during a series of raids using controversial terrorism powers that could see him held for up to two weeks without charge.

On Saturday raids occurred across Melbourne as part of Operation Rising, leading to one man, Sevdet Besim, being charged with committing acts in preparation or planning of a terrorism offence.

Four other men were detained, but no other charges have been made against them at this stage.

While three of the men were released, Victorian police confirmed on Sunday they had sought to detain one of the men under a little-used terrorism power known as a preventative detention order (PDO).

“An interim preventative detention order application has been made under the Terrorism (Community Protection) Act 2003 in relation to the detention of an 18-year-old Hampton Park man,” a police statement said. “Legislation prevents Victoria police from providing further information.”

A Victorian police spokeswoman confirmed to Guardian Australia on Sunday afternoon the PDO had been enforced.

On Sunday morning the premier, Daniel Andrews, confirmed it was the first time a PDO had been used in that state.

He told reporters the use of the order, “should give you and indeed every Victorian a very clear reminder of just how important an appropriate legal framework is.”

Andrews said he had met with leaders and members of the inter-faith community on Saturday, including the Jewish community, to assure them that authorities were confident of their safety.

Under Victorian law PDOs can only be sought for 48 hours, but this can be extended using a combination of federal terrorism legislation for up to two weeks.

The powers are controversial because they allow a person to be detained without charge.

The former independent national security legislation moniter Bret Walker has previously described the powers as “unnecessary”.

A Victorian police spokesman told Guardian Australia that legislation around the order meant there was very little further police could say, including what time exactly police received approval to enforce the order.

The director of the Human Rights Law Centre, Ben Schokman, said it was difficult to comment on the use of the preventative detention order with so little information yet available about the specific case.

But serious concerns had been raised when it was used in other states, “including that an individual can be detained on virtually untested evidence, without any judicial authorisation, and without any ability to appeal or challenge the detention,” he said.

“Australia’s counter-terrorism laws grant extraordinary powers to law enforcement officials, including the power to detain an individual without charge.

“Clearly governments have a duty to protect us all from national security threats, however it is critical that these laws do not allow unnecessary or disproportionate intrusions on our fundamental human rights.”

Eighteen-year-old Besim, from Hallam, has been remanded in custody after appearing briefly in Melbourne magistrates court on Saturday.

It’s expected one of men who was released – an 18-year-old – from Narre Warren will be charged on summons with weapons offences.

The two other Narre Warren men, aged 18 and 19, have been released pending further enquiries.

More than 200 heavily-armed officers carried out search warrants in the city’s southeast about 3am on Saturday, executing search warrants in Narre Warren, Hampton Park, Hallam and Eumemmerring, arresting the men and seizing knives and swords.

Authorities have refused to give details of the alleged plot but say police at Anzac activities around Melbourne were the immediate target.

It’s also alleged the attacks were Islamic State-inspired.