Not a word of protest for years. The ignoring of his complaints of beatings. Acquiescence in an Australian citizen having no rights while American citizens captured with him are fully protected by the American constitution. And now, as Howard puts his foot to the floor for an election on the American Alliance, David Hicks is suddenly charged. Clever? You be the judge.

 

I bet the trial doesn’t start before the federal election, and that the charges will be dropped after it. Here’s today’s statement from the Law Council of Australia.

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10 June 2004

Doubts Remain Over Fair Trial for Hicks

The Law Council of Australia is relieved that charges have finally been laid against David Hicks two and half years since he was first detained, but questions whether the Australian Guantanamo Bay detainee can ever receive justice under the military commission process.

President of the Law Council, Bob Gotterson QC said, �The charging of Mr Hicks� has taken far too long. It is appalling that Mr Hicks has been confined in non-reviewable detention for two and a half years and now faces trial in a system which has very serious shortcomings.�

Military commission trials leave detainees at the mercy of executive government, which has the power to keep them incarcerated even if they are acquitted or serve out their sentence. There are no independent judges � any appeal is subject to the US President only – and the rules of evidence do not apply.

Mr Gotterson said, �In our view the military commission process remains an unnecessary and inferior substitute to a normal court martial or a civilian court. However, it is clear that this is the manner in which US authorities intend to proceed.�

The US Defence Department announced yesterday that Mr Hicks had been charged with conspiracy to commit war crimes, attempted murder by an unprivileged belligerent, and aiding the enemy. Mr Hicks� military lawyer has indicated publicly that Mr Hicks will plead not guilty to the charges.

�We should keep in mind that there is a US Supreme Court decision due in a matter of weeks in a case brought by Mr Hicks and other detainees. That decision could open the way to challenge the legality of their detention before a military commission trial even proceeds.�