David Hicks

Asia & Australasia watch forum.

David Hicks

Joined: 07 May 2006, 23:31

22 Feb 2007, 00:09 #1

Hicks to 'keep rotting'
Gerard McManus
February 22, 2007 12:00am
http://www.news.com.au/heraldsun/story/ ... 62,00.html

DAVID Hicks could rot in jail for two more years, his Australian lawyer said yesterday.

David McLeod said a US Court of Appeals ruling that non-US enemy combatants including Hicks had no right to challenge their detention in the US court system would itself be challenged in the US Supreme Court.

"David Hicks, whether he likes it or not, is going to be swept up in this dual process," Mr McLeod said.

"He'll be there rotting . . . this will probably then drag for a couple of years."

Hicks's father, Terry, also thinks the latest court ruling could mean more delays.

"This will probably then drag for a couple of years," he said.

But Foreign Affairs Minister Alexander Downer urged Hicks' team to end the delays and face the charges in a military trial at Guantanamo Bay.

"If you want David Hicks out of Guantanamo Bay, the way to get him out is for him to face his trial," Mr Downer said.

Labor's Attorney-General spokesman Kelvin Thomson said the legal process was fundamentally unjust and it was inevitable that lawyers would appeal the decision.

"For as long as the US, with the Howard Government's blessing, insists on trying David Hicks at Guantanamo Bay, then challenges to the fairness of the trial, and therefore delays, are inevitable," Mr Thomson said.

"Prime Minister Howard should pick up the phone and ask for David Hicks to be sent home to face justice in Australia."

US President George Bush has promised Mr Howard the Hicks case would be "first in line" when the military trials start at Guantanamo Bay.

But the latest legal stoush may force the Howard Government to look for other options for keeping Hicks until his trial.

Attorney-General Philip Ruddock has hinted that the Government is looking at "all options" to end Hicks' period in jail without trial.

Hicks has been notified of charges of attempted murder and providing material support for terrorism.

Once the charges are formally laid, there is a 120-day deadline for the military commission hearings to begin.

Hicks has been held without trial at the US base in Cuba since the beginning of 2002.

See also :

Australia Government Prods U.S. on Hicks as Election Approaches February 18, 2007
Hicks could be back in Australia 'by year end' February 18, 2007
US military allegations against David Hicks 'weak' February 16, 2007
Guantanamo Likened to Nazi Concentration Camp January 31, 2007
Pressure too great for Hicks to remain January 14, 2007
Free David Hicks, demands Bono November 8, 2006
Let's Bring David Hicks Home November 12, 2005
Guantanamo Bay detainee’s family speaks with WSWS October 8, 2003
Families of Guantanamo Bay detainees address public forum in Sydney[/url September 23, 2003
[URL=http://www.wsws.org/articles/2002/feb20 ... -f08.shtml]Australian detainee David Hicks abandoned by Howard government
February 8, 2002

Amnesty International: David Hicks
http://web.amnesty.org/pages/stoptortur ... atures-eng
http://www.amnesty.org.au/Act_now/campa ... avid_hicks

Joined: 25 Nov 2005, 11:41

22 Feb 2007, 10:57 #2

Mask of Anarchy has a fair bit of coverage about David Hicks.
"The problem with always being a conformist is that when you try to change the system from within, it's not you who changes the system; it's the system that will eventually change you." -- Immortal Technique

"The media is the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent, and that's power. Because they control the minds of the masses." -- Malcolm X

"The eternal fight is not many battles fought on one level, but one great battle fought on many different levels." -- The Antagonist

"Truth does not fear investigation." -- Unknown

Joined: 07 May 2006, 23:31

22 Feb 2007, 14:33 #3

Some online initiatives in Australia for David Hicks :


How can you lock someone up for four and a half years and not bring that person to trial? You are simply stealing their life.

Our purpose in posting this song for free download is to re-ignite the debate about the plight of David Hicks, who along with other ‘Illegal Combatants’ has been held at Guantanamo Bay, Cuba for four and a half years and has yet to receive a fair trial.

It is to Australia’s extreme and continuing shame that this man continues to languish in prison when other countries such as the UK have acted to remove their citizens from this unlawful detention. The Australian government must act to pressure their American allies to give this man a fair trial immediately or repatriate him back to Australia.

We have no connection with David Hicks, his family or any other organisation. We make no claim as to his innocence or guilt. We simply demand that this man be given a fair trial and be either convicted or released.

There is no other agenda here, no pre-release marketing ploy by a record company or band. The song will not be for sale anywhere and the STOLEN YEARS performers wish to remain anonymous. We seek no kudos for ourselves - our sole purpose here is to focus attention on the continued imprisonment of David Hicks by a foreign government in a jail beyond the jurisdiction of any democratic justice system.


Fair Go for David Hicks

Fair Go for David seeks that:

*  David Hicks be treated in accordance with the Geneva Conventions
*  The law of Habeas Corpus be applied to David Hicks
*  David Hicks be repatriated to Australia and given a fair civil trial, if charged with any crime/s
*  Other Australians in a similar situation to David Hicks be entitled to the same rights

"David Hicks has committed, it seems, thought crime against the United States and is being detained and tormented by people unaware of his rights. It's unlikely they know this, and they should be told."

Bob Ellis
(Australian writer - quoted during Writers'  Week, Adelaide Festival of Arts, March 2002 )


Youtube :

My Son
Free David Hicks Clip
David Hicks... 5 Years Without Charge
David Hicks: Candles for Justice
David Hicks: What the People say
Hick's Lawyer on Enough Rope with Denton
Street Protest-David Hicks 5 Year Anniversary

Joined: 26 Nov 2005, 01:46

26 Feb 2007, 13:08 #4

Chain up Cheney! Bring Hicks home!
Sydney anti-war marchers defy police ban and reclaim the streets

A Possum News Network Exclusive
Words and pictures by Gavin Gatenby

Thursday 22 February 2007

This evening 1500 anti-war demonstrators overcame a strong police presence and, after a half-hour confrontation with the NSW riot squad and mounted police marched to the US Consulate to protest against US Vice-President Dick Cheney's visit to Australia and the five-year imprisonment of David Hicks in Guantanamo Bay.

An unexpected last-minute ban by NSW Police (no doubt at the instigation of the NSW Labor Government) turned what would have been a routine demonstration into a major test of the right to march.

The demonstrators prevailed after hundreds filtered through the police cordon around Town Hall Square. The remaining demonstrators bottled up in the square then voted to disperse and move in small groups to the US Consulate in Martin Place. Faced with the impossibility pursuing hundreds of small groups of demonstrators through Thursday night shopping crowds, the police relented and allowed the demonstration to proceed to the US Consulate.
�To those who are afraid of the truth, I wish to offer a few scary truths; and to those who are not afraid of the truth, I wish to offer proof that the terrorism of truth is the only one that can be of benefit to the proletariat.� -- On Terrorism and the State, Gianfranco Sanguinetti

Joined: 26 Nov 2005, 01:46

27 Mar 2007, 09:44 #5

Guilty plea from detainee Hicks

Sketch of David Hicks (left) in court on 26 March 2007

Hicks is the first detainee to face the new judicial process
Australian detainee David Hicks has pleaded guilty at a military court at Guantanamo Bay to a charge of providing material support for terrorism.

The 31-year-old Muslim convert was accused of attending al-Qaeda training camps and fighting with the Taleban.

The plea means that Hicks, who has been at the camp for five years, will likely return home to serve his sentence.

Hicks is the first detainee at the detention camp to face terror charges under new US rules.

There were handshakes, hugs and tears ... He looks bloody terrible
Terry Hicks
David Hicks' father

Emotional family reunion

He was charged under the new Military Commissions Act, which human rights groups condemn.

Return 'fairly soon'

Hicks appeared at the hearing wearing khaki prison fatigues and with hair down to his chest - grown, his lawyer said, to pull over his eyes at night to keep out the light and allow him to get to sleep.

As the proceedings got under way, Hicks was formally charged and initially deferred entering a plea. But later on his lawyers told the judge he was pleading guilty.

Other charges against him, including attempted murder, have been dropped.

Prosecution and defence lawyers now have until 1600 on Tuesday (2000 GMT) to reach agreement on a plea deal establishing his sentence.

Profile: David Hicks
Q&A: Military tribunals

US and Australian authorities have already agreed that Hicks will serve out his sentence in his native country.

He faces a maximum sentence of life but after strong pressure from the Australian government there is speculation that he will receive a shorter sentence.

Australian Foreign Minister Alexander Downer told local media that he welcomed the conclusion to a legal process which he said took "far too long".

"My guess is he will be able to come back (to Australia) fairly soon," he told ABC radio.

Before the hearing, which was opened to members of the press, Hicks was allowed a two-hour reunion with his father and sister.

He last saw his father, Terry, at a previous hearing in August 2004.

"There were handshakes, hugs and tears," Terry Hicks told journalists. "He looks bloody terrible."

And Mr Hicks, who left the base before the plea was announced, said he would continue to support his son. "We will stand by him on anything he decides, whichever way it goes," he said.


David Hicks arrived in Guantanamo Bay in early 2002 after being captured in Afghanistan a month earlier.

The former farm hand and kangaroo skinner was charged and started a trial process previously in August 2004.

However, the US Supreme Court last year ruled the system unconstitutional.

The administration of President George W Bush then tabled a revised tribunal system that was passed by Congress.

Hicks is the first person to be tried under the new procedures. Two others, Omar Khadr, a Canadian, and Salim Ahmed Hamdan, from Yemen, have been indicted but have not yet been read sworn charges, Cmdr Durand said.

The US has said it plans to use the new system to prosecute about 80 of the remaining 385-or-so prisoners at the camp.

Human rights campaign group Amnesty International has condemned the tribunals as "shabby show trials" and demanded that detainees be tried under the regular US judicial system.
�To those who are afraid of the truth, I wish to offer a few scary truths; and to those who are not afraid of the truth, I wish to offer proof that the terrorism of truth is the only one that can be of benefit to the proletariat.� -- On Terrorism and the State, Gianfranco Sanguinetti

Joined: 26 Nov 2005, 01:46

31 Mar 2007, 08:57 #6

Hicks to serve nine months' jail

Sketch of David Hicks (left) in court on 30 March 2007
David Hicks is the first US war crimes convict since World War II
Australian Guantanamo detainee David Hicks will be sent home to serve nine months in prison after being sentenced by a military judge at the facility.

Hicks, 31, was sentenced to seven years in jail after pleading guilty to supporting terrorism, but all but nine months of the sentence was suspended.

The ex-kangaroo skinner has been in the prison for five years since his capture in Afghanistan as a Taleban fighter.

Australia's government has reacted coolly to news of his transfer.

Under a plea bargain deal with the prosecution, Hicks could only be sentenced to a maximum of seven years.

The plea deal also specifies that any term beyond nine months be suspended, the judge at the sentencing hearing on Friday evening revealed.

The US must now send Hicks to his home country within 60 days - by 29 May.

"We hope that it happens much quicker than that," said his defence lawyer, Col Michael Mori.

Abuse claims

The Muslim convert appeared in court on Friday in a suit and with his hair, which earlier in the week reached down to his chest, cut short.

As part of the plea bargain, Hicks also withdrew claims he had been beaten by US forces after his capture in Afghanistan and that he had been sedated before learning of the charges against him.

US civil rights groups have accused Washington of trying to cover up abuses and Hicks' father in Australia continued to insist his son had been maltreated.

"We know for a fact that he was, and I'm going to push that issue," Terry Hicks told Australian radio.

"The bottom line of all this is that at least he's back home. He's out of that hell hole."

However, Australian Prime Minister John Howard accused some of trying to turn Hicks into a "hero".

"Whatever may be the rhetorical responses of some and particularly the government's critics, the facts speak for themselves," he said in Sydney.

"He pleaded guilty to knowingly assisting a terrorist organisation - namely, al-Qaeda."

The BBC's Phil Mercer in Sydney says that while the conservative government is a supporter of the US military justice system, it has come under a great deal of pressure from Australians disturbed by Hicks' treatment.

Media ban

As part of his plea deal, Hicks has agreed not to speak to the media for a year, not to receive any money for his story and not to sue the US government.

He is the first Guantanamo detainee convicted of any terrorist offence since they began arriving at the camp a little over five years ago.

The US is gradually putting other prisoners through the same process.

Hicks is also the first person convicted by a US war crimes court since World War II.

�To those who are afraid of the truth, I wish to offer a few scary truths; and to those who are not afraid of the truth, I wish to offer proof that the terrorism of truth is the only one that can be of benefit to the proletariat.� -- On Terrorism and the State, Gianfranco Sanguinetti

Joined: 07 May 2006, 23:31

23 Oct 2007, 10:17 #7

Control order 'could ruin' Hicks' life
October 23, 2007 - 9:19AM
http://www.smh.com.au/news/National/Con ... 24198.html

The father of terrorism supporter David Hicks has appealed to authorities not to go overboard with controls on his son, saying they could destroy his life.

The federal government says strong measures will be needed when Hicks is released from Adelaide's Yatala Jail later this year.

But both Justice Minister David Johnston and Australian Federal Police (AFP) chief Mick Keelty have refused to say whether a control order will be sought for the 32-year-old.

Meanwhile, Foreign Minister Alexander Downer has denied reports of a secret deal between Prime Minister John Howard and US Vice-President Dick Cheney to return Hicks to Australia earlier this year.

Terry Hicks said reports that the AFP might apply to a court for a control order over his son were no surprise, but he was concerned such an order could be unfair and ruin his son's life.

Mr Hicks said a control order could include restrictions on movement, communications and impose a reporting requirement.