MEDIA RELEASE
New Developments in the Case of Ahmed Zaoui
15 October 2003

Ahmed Zaoui to Bring High Court Judicial Review Proceedings

Lawyers acting for Ahmed Zaoui today announced that he is seeking a High Court judicial review of adverse rulings by the Inspector-General of Intelligence and Security. The rulings relate to the conduct of the proposed review of a Security Risk Certificate earlier issued against Mr Zaoui by the Director of the Security Intelligence Service. Mr Zaoui’s proceedings will be filed in the High Court at Auckland this week.

The Security Risk Certificate alleges that Ahmed Zaoui is a “threat to national security” under s72 Immigration Act. It does not allege he is a “suspected terrorist” under s 73 of the Act.

Mr Zaoui’s lawyers advised that the Inspector-General last week made two rulings which, it is considered, will operate to Mr Zaoui’s serious disadvantage in relation to the review.

The practical effect of the first of the rulings is that Mr Zaoui will not be provided with adequate information as to the nature of the alleged threat or danger which the Director of Security has asserted his presence poses to the security of New Zealand. Nor will he be provided with information by way of summary of the allegations against him, if any, made in “classified security information” on which the Director of Security has relied.

The second ruling of the Inspector-General which Mr Zaoui seeks to challenge in his High Court judicial review is to the effect that the Inspector-General is not required for the purposes of the review to have any regard to Mr Zaoui’s human rights under either New Zealand or international law; nor to the physical detriment to Mr Zaoui if, as a consequence of the outcome of the review, he is ordered to be deported, potentially to face death or torture in Algeria.

The judicial review will challenge both of these rulings, and will also seek a pronouncement from the High Court as to the extent of the Minister of Immigration’s obligations to have regard to Mr Zaoui’s human rights, should the Security Risk Certificate be upheld.

The High Court proceedings will be conducted by Auckland Queen’s Counsel Dr Rodney Harrison, one of the team of lawyers working on Mr Zaoui’s behalf.

Continuing Detention of Ahmed Zaoui

Mr Zaoui remains in solitary confinement in Paremoremo Prison. The Department of Corrections has not yet finalised its review which was commenced after a psychological report found that Mr Zaoui was undergoing serious mental suffering due to his conditions of detention.

Contact:
Deborah Manning, counsel for Mr Zaoui, ph 021 344 328, 377 1809
Richard McLeod, counsel for Mr Zaoui, ph 021 630 838, 379 6585