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. 6. Regulations prohibiting or regulating access by lawyers to information on security grounds contravenes Principle 21 of the Basic Principles on Lawyers and should be amended to ensure the provision of effective legal advice to detainees. 7. The ASIO Amendment Act, sections 34 G(3) and (6) require that a detainee answer all questions asked of him or her in contravention of the right to silence and the rights not to be compelled to testify against oneself or to confess guilt (Article 14(3)(g) of the ICCPR). The legislation should be amended to ensure these rights are fully respected. It is also vitally important that the burden of proving non-association with terrorist acts –currently placed upon a detainee- be moved to ASIO or other investigating authority. 8. The application of the ASIO Amendment Act to minors between the ages of 16 and 18 years and the application of any State legislation, (such as the Terrorism (Police Powers) Act 2002 (NSW)) that apply to children from the age of 10 years, are in contravention of the ‘best interests of the child’ principle established in Article 3 of the CRC. The Act should be amended accordingly. 9. The restrictions on the rights of a detained person under the ASIO Amendment Act(section 34F(8)) to communicate with their family – rendering them “incommunicado” - are in significant contravention of the Body of Principles on Detention and should be amended. 161 Asia Pacific Human Rights Network, Submission to the Advisory Council of Jurists, February 2004 – available at http://www.asiapacificforum.net/jurists/terrorism/submissions.htm [reference date 14 April 2004]. 84