Australian faces 'terrorist' charges for compiling book

The two charges against Khazaal constitute a direct attack on the right to free speech. Essentially, he is on trial in the New South Wales Supreme Court for advocating and writing about terrorism, not for being involved in terrorist acts, even in the most indirect manner. He is charged with “knowingly collecting or making a document connected with terrorism” and “inciting a person to commit a terrorist act”. If found guilty, he could be jailed for 25 years.

Since Khazaal was arrested in mid-2004—just months before a federal election in which the so-called war on terror was used as a distraction from mounting discontent with the Howard government—his prosecution has been riddled with far-reaching violations of basic legal and civil rights. These have included denial of access to key documents and other evidence against him, closed hearings, secret and anonymous witnesses, confidential court rulings and an attempt to remove his lawyers from the case.

If Khazaal is convicted it will set a dangerous precedent that can be used against anyone who writes, compiles or publishes anything that could be construed as encouraging terrorism. The threat to basic democratic rights is even greater because the counter-terrorism laws define “a terrorist act” in ways that can include traditional forms of political protest or industrial action directed at pressuring a government to change its policy. And because of the wording of the terrorism laws, the prosecution does not have to prove any specific time, place or method, only that “an” attack was intended.