Ombudsman to look at treatment of Zaoui

11.45am

The ombudsman is investigating the Corrections Department's handling of Algerian asylum seeker Ahmed Zaoui and is to look into the Customs and Immigration departments' treatment of him.

Progressive MP Matt Robson said ombudsman Anand Satyanand would look into how Mr Zaoui was treated by the various departments.

"I'm hoping the findings of the ombudsman, if they show his (Mr Zaoui's) rights have been severely breached by these departments, that will lead to a conclusion by the Government that he should not even be being held in prison," Mr Robson told NZPA.

"And that he should get the maximum rights in terms of natural justice and be able to defend himself out of prison."

Mr Zaoui, 43, has spent more than a year in New Zealand prisons, after arriving in New Zealand on a false passport and being detained by authorities on suspicion of terrorist links.

Police and the Immigration Service suspected he was a terrorist and the Security Intelligence Service (SIS) issued a certificate saying he was a "threat to national security".

But the independent Refugee Status Appeals Authority ruled in August that he was a genuine refugee, not a terrorist.

Last month in the High Court at Auckland, Justice Williams said Mr Zaoui was entitled to a summary of the secret information the Security Intelligence Service (SIS) claims to have on the former Algerian politician.

Mr Robson also wants investigations into the treatment of Mr Zaoui by police and SIS but they do not come under ombudsman jurisdiction. Instead, he has referred the case to the Police Complaints Authority and is considering writing to the Prime Minister's Office regarding the SIS.

"It's really whether or not these departments have acted properly in relation to an asylum seeker. I have suggested to the ombudsman that prima facie there is evidence that they have acted improperly."

He said how Mr Zaoui was questioned when he arrived in New Zealand, which resulted in him being labelled a terrorist, was of concern as was the decision to keep him in prison.

"It seems to me the intent was to have him bundled out of the country as quickly as possible."

Mr Robson hopes the ombudsman investigations will also result in changes to ensure asylum seekers are better treated in future.

"There needs to be a review of the security legislation that has allowed this to happen."

He said by being accused of terrorism Mr Zaoui was stripped of his rights and this needed to be prevented in future.

"That's number one -- to make sure natural justice applies no matter what the allegation, whether its terrorism or shoplifting, the same standards should apply."

"Secondly government departments should not set out to predetermine that somebody will be declared a terrorist but should set out to make sure the facts are established."

- NZPA