On March 20, Victorian Supreme Court judge Bernard Bongiorno found that the conditions of incarceration and transportation of 12 Melbourne men charged with terrorism-related offences were so harsh that a fair trial could not be guaranteed.
He ruled that unless the prison authorities radically alter the men's remand conditions and grant them the same rights and facilities as other remand prisoners he would be prepared to consider bail applications.
Among the changes demanded by the judge were that the "Barwon 12\" be moved from the high-security Acacia section of Barwon prison, near Geelong, to an inner-city jail near the court building. He ordered that they only be strip-searched once a day rather than every time they leave the court.
The men have since been moved to the city's Metropolitan Assessment Centre, which is only a few minutes drive from the Supreme Court.
Lawyers for the men had argued that the daily return trip between Victoria's highest security prison, where they have been held for the past two years, and the court was taking its toll on their clients' physical and mental health.
Some of the Barwon 12 were arrested in November 2005 and others in March 2006. They have been charged with being members of an unnamed and unspecified "terrorist organisation", but not with engaging in any terrorist act.
Rob Stary, the lawyer for six of the accused men, told ABC Radio National's April 1 Law Report program that the men have had to travel 130 kilometres per day for court appearances, in a van without natural light, sitting in small compartments and shackled with leg irons and handcuffs tied to waist belt.
"One of the accused is a chronic asthmatic, and not permitted to take any Ventalin in the van, can't use the Ventalin in the way that they're restrained. Some of them suffer from motion sickness, not permitted to have any paper bags in the van", he said.
At an April 1 Civil Rights Defence (CRD) legal briefing, Stary said Judge Bongiorno's decision was a victory for civil rights. But he also said that, according to one psychiatric expert witness, the men were at risk of developing serious depressive illnesses due to the cumulative effects of detention conditions.
Even though the 12 men have not been convicted of anything, they have been held for two years under the highest security classification, A1, which is the same rating as that given to convicted Melbourne gangland murderers.
In their first year of imprisonment the men were locked up for 23 hours a day and had to endure punitive conditions such as solitary confinement.
Despite the new detention regime they are under, the men are still subject to extraordinary conditions. They are only allowed two 1-hour visits per month from family members, one with physical contact and the other via a glass barrier. As Muslims, the men are denied the right to engage in common prayer — though the opportunity exists for common Christian prayer. They can only cook one meal for themselves per fortnight.
Stary thanked the CRD for waging a strong public campaign in support of the Barwon 12 and encouraged people to stay active in the civil liberties campaign. CRD meets every Tuesday at 6:30pm in the New International Bookshop, in Trades Hall.
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