A notorious high-risk NSW prisoner, who founded Sydney gang Brothers 4 Life, has failed to overturn a ban on him communicating in Arabic to his family.
Bassam Hamzy had also challenged other conduct by NSW jail authorities including a requirement his legal representatives undergo a criminal record check before they are approved to visit.
Hamzy was convicted in 2001 of murder, malicious wounding with intent to do grievous bodily harm, maliciously discharging loaded arms with intent to do grievous bodily harm, threatening to use a firearm with intent to prevent or hinder lawful apprehension and conspiracy to murder.
His non-parole period for those offences will expire in December 2023, but he has also committed serious breaches while in custody.
Deemed an "extreme high-risk restricted" (EHRR) inmate, he is housed Area 2 of Goulburn supermax prison.
Hamzy had argued his parents didn't have very good English, some Arabic words have no precise equivalent meaning in English and Arabic Quranic verses were used in the five daily Islamic prayers.
Justice Geoffrey Bellew on Wednesday dismissed all of Hamzy's claims.
He said the right to freedom of opinion and expression didn't extend to a human right to communicate with other people, in all circumstances, in the language of a person's choice.
Nor was the prison authority's language requirement based on race, the judge said.
The Supreme Court heard the prison can approve interpreters to sit in on approved non-English conversations but hadn't done for Hamzy.
"I should emphasise that nothing that I have said ... should be construed as expressing a view that a person who is in custody is to be regarded as 'civilly dead', or a person whose human rights are 'checked at the door'," the judge said.
He said Australia's position ran parallel with English law that any convicted prisoner retains all civil rights which are not taken away expressly or by necessary implication.
"At the same time, the rights of the plaintiff, as an EHRR inmate, are necessarily curtailed as a consequence of the fact of his imprisonment," he said.
Australian Associated Press