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David Hicks
On Tuesday March 27, as you may be aware, David Hicks pleaded guilty to the charge of providing material support for terrorism before a military commission preliminary hearing in Guantanamo Bay. He has since entered into a plea deal and is likely to return to Australia soon to serve out the remainder of his nine month sentence.
The revised Military Commission laws, revised early this year, allow for a conviction on evidence that detainees will never be allowed to see; remove the right to a speedy trial; remove the right to habeas corpus, the right of a detainee to challenge his or her unjust treatment; and remove the right to cross-examine witnesses who have given evidence against the detainee: all basic principles that underpin a democracy.
The detention regime at Guantanamo Bay has been specifically designed by the United States to avoid the requirements of both international and domestic law, leaving detainees with no rights under either.
The Australian Democrats have been a long term supporter of justice for David Hicks and worked hard to expose the injustices of the military commission process and the inhumanity of Guantanamo Bay. The fact that Mr Hicks has been held in solitary confinement for more than a year may mean he will need extensive counselling, and possibly physical and mental rehabilitation for many years to come.
Mr Hicks has also been subjected to 24-hour lighting and a single window of frosted glass that never opens. A reading room that contains neither books nor any access to legal documents. Air-conditioning that is never turned off. Toilet paper withheld as a form of punishment. All of this endured, at least since when he was placed in solitary confinement, and it is unlikely the conditions were much better before then.
It is clear the only reason the Government changed its position on David Hicks’ situation is that we are now in an election year and the polls were turning against the Government’s stance on this issue.
The focus of late has been, understandably, on David Hicks' plea bargain, his sentence, and bringing him home. We have a number of concerns about the International Transfer of Prisoners (Military Commission of the United States of America) Regulations 2007 that were put in place to bring David Hicks home.
Under the regulations, a pardon (where a crime is completely forgiven) can only be granted by the United States. Mr Hicks is also unable to speak about his experience at Guantanamo Bay for a further 3 months even after he has served his sentence. These requirements are not in keeping with Australian democratic values and they also may not be lawful based on the regulations the Government has registered.
While we want David Hicks to be returned expeditiously, we want to ensure the regulations are scrutinised and lawful. Otherwise, if the regulations are later found to be invalid, we may risk jeopardising Mr Hicks' legal return to Australia, or his remaining in Australia in the future. For this reason, Senator Natasha Stott Despoja has written to the Chair of the Senate Committee examining the regulations, drawing a number of areas of concern to his attention.
Sign the petition
Sign our petition urging the Government to ensure David Hicks is granted a fair trial or repatriated to Australia.
Sign the petition online
Download a printable petition [pdf]
Democrats action in the Senate
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Private Members Bill: Repatriation of Citizens Bill 2007
Senator Lyn Allison and Senator Natasha Stott Despoja have tabled a Private Members Bill in the Senate which would require the Australian Government to promptly provide repatriation of Australian citizens held in detention outside Australia where there is an infringement of their human rights under international conventions.
Read the Bill
Read the second reading of the Bill
29 March 2007 |
MEDIA RELEASE: Call for scrutiny of Hicks regulations - Senator Natasha Stott Despoja, 4 April 2007
MEDIA RELEASE: Desperate move by a desperate man - Senator Natasha Stott Despoja, 27 March 2007
MEDIA RELEASE: Hicks: 1 year in solitary, now drugged? - Senator Natasha Stott Despoja, 19 March 2007
MEDIA RELASE: Hicks can still be brought home - Senator Natasha Stott Despoja, 2 March 2007
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Australian Parliamentarians ask US Congress to bring David Hicks home
A letter initiated by the Australian Democrats to the Speaker of the United States Congress, Nancy Pelosi, asking that steps be immediately put in place to return David Hicks to Australia, has been signed by 96 Senators and Members of Parliament from the Labor Party, Greens, Independents and National Party.
View the letter
View the media release
2 February 2007 |
MEDIA RELEASE: Do you endorse Hicks' treatment, Prime Minister? - Senator Natasha Stott Despoja, 31 January 2007
MEDIA RELEASE: Latest rules for Hicks trial undermine democracy - Senator Lyn Allison, 20 January 2007
MEDIA RELEASE: Bring Hicks home now petition - Senator Natasha Stott Despoja, 09 December 2006
MOTION: David Hicks - Senator Natasha Stott Despoja, 7 December 2006
MOTION: David Hicks - Senator Natasha Stott Despoja, 9 November 2006
MOTION: David Hicks - Senator Natasha Stott Despoja, 21 June 2006
ADJOURNMENT: Mr David Hicks & Mr Des Colquhoun - Senator Natasha Stott Despoja, 20 June 2006
THE ADVERTISER: Speak out about Guantanamo in the name of democracy - Natasha Stott Despoja, 5 June 2006
More Democrats MEDIA RELEASES
More Democrats SPEECHES
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External links
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