Recommendations and Observations in Relation to Forum States Australia The Advisory Council of Jurists observes and recommends that: 1. Extended detention without charge for up to 168 hours appears to be contrary to the prohibition against arbitrary arrest or detention under Article 9.1 of the ICCPR. The ASIO Amendment Act should be brought into conformity with Australia’s legal obligations in this respect. 2. The restrictions placed on the right of detainees to access to a lawyer contravene Principle 8 of the Basic Principles on Lawyers. The ASIO Amendment Act, section 34 TA, should be amended to afford this right. 3. The detention of persons where no terrorist act has occurred may have a significant effect on the respective roles of journalists and legal advisors. Section 34.3 (c) of the ASIO Amendment Act should be reviewed to protect legal professional privilege and the qualified professional privilege of journalists. 4. The ASIO Amendment Act requires all contacts between a legal practitioner and a detainee to be monitored inconsistently with the right to confidential communications under Principle 5 of the Basic Principles on Lawyers. The legislation should be amended accordingly. 5. The ASIO Amendment Act requires video-taping of all communications between detainees and their legal advisers. Under Principle 18.4 of the Body of Principles on Detention and Principle 8 of the Basic Principles on Lawyers interviews may be within sight, though not the hearing of law enforcement officials. Any video taping should respect this right. Moreover, detainees should be informed of their right to request an interpreter both orally and in writing. 21