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22 January 2004
To: Helen Clark, Prime Minister
Subject: J Greig - SIS/Zaoui Case/New Zealand Human Rights
Dear Helen Clark, Prime Minister,
This also serves as a press statement and has been made available to :
1 / Rosslyn Noolan, New Zealand Chief Human Rights Commissioner, as a complaint. 2/ Deborah Manning, Mr Zaoui's lawyer , as a request to support the complaint,
The main reason why J Greig must be withdrawn from the case is not just because his comments prejudging the case, but the fact that he clearly stated that he was not going to take into account human rights.
His action makes a liar of both the New Zealand Governor General and Attorney General. But what is worse is New Zealand's standing in the United Nations will now be that we have deliberately misled the United Nations Human Rights Commission, not once, but twice, when responding to the United Nations criticism, (both in 1995 and 2002) of New Zealand's failure to give legal status to the Universal Declaration of Human Rights.
This Declaration was drafted by the United Nations to protect rights, which New Zealand Armed Faces fought for when laying their lives for their loved ones.
They did their duty, New Zealand parliament has yet to, even though New Zealand ratified the declaration thirty five years ago.
The procedure is not important as justice. It is time to do the thing right, not do the right thing.
The law only empowers you to act to provide good government and equity, the rule of law does not apply when it fails to comply with other elements required to be adhered to in conjunction with the 1852 Constitution Act.
The fact the New Zealand Human Rights Commission is to report to parliament it's Plan Of Action, this year, whilst violations are allowed to continue with your fellow Ministers;
- John Tamihere - Margaret Wilson
And the Governor General is aware of them, but denying they are existing is an abomination against the New Zealand Service personnel who lost lives and were injured in war against governments who denied their citizens human rights.
In the Ike Finau case, imprisonment by a judge was enforceable, even though the basis of the ruling has been proven wrong and the By Law changed after the event.
The Chief Human Rights Commissioner, who has been silent to date, is asked to use her mandate, as outlined to the Rupa Family by the Attorney General, to report to the United Nations Human Rights Commission that the United Nations recommendations are not being complied with because New Zealand misrepresented the reasons for not to do so.
The Zaoui, Finau, Ravelich and Rupa cases prove that New Zealand judges do not take into consideration human rights.
Prime Minister, because the Attorney General is responsible for ensuring legislation introduced before the House does not violate the Bill of Rights Act, is it not time to test her ability to carry out this most important function properly,
She has proven to the Rupa Family, she is not fit to do so.
The Supreme Court was introduced without legal protection for the citizens being put in place first. Again, the Zaoui case review you suggest will still allow an injustice to occur, without remedy and in violation of the United Nations.
Who was it that said, "I would rather see a man not in prison, that the rule of law be diminished"?
We are sure Lord Denning would have gladly swapped places with either Messrs Zaoui or Finau.
Justice is not served by law which is designed to be unjust. This is the twenty first century, where most people are more leamed than those in the legal profession. So let's stop the ego trip and allow common sense to prevail.
The request for the United Nations to send a Team to investigate human rights abuse and how to rectify this, is needed, if the New Zealand Human Rights Commission's Plan of Action is to have any real credibility. The fact is, the New Zealand Human Rights Commission has failed to robustly defend human rights in New Zealand. Ms Noolan has refused to support the United Nations recommendations, in the face of the knowledge that New Zealand had misrepresented to the United Nations the fact that the judiciary does not protect human rights. She has point blankly refused to inform the Queen and the United Nations of this.
This must end you must do something which as what is suggested here, as the person responsible for the SIS and as Prime Minister. Thirty five years gives you no excuse for delay.
Regards,
The Rupa Family. |
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