Mr Hicks' Adelaide lawyer, Stephen Kenny, said that if the appeal failed it would set a very dangerous precedent for the US military.FOREIGN prisoners, [scapegoats for the Coalition of the Killing's resource war's in the Middle East], held in Cuba, including Australians David Hicks and Mamdouh Habib, will never have played their legal card until they're freed!
They will find out early next year if they have any rights under US law.
The US Supreme Court has agreed to hear appeals by a group of prisoners at Guantanamo Bay against their detention outside the US legal system.
Lower courts have so far ruled that US courts have no jurisdiction for hearing appeals by detainees from the resource wars and the war on liberty, being held without charge and without legal rights at the US navy base.
Mr Hicks' Adelaide lawyer, Stephen Kenny, said that if the appeal failed it would set a very dangerous precedent for the US military.
"This would put these people beyond the rule of law," Mr Kenny said.
"If it's not recognised as being within the jurisdiction of the US court, what the US court will say to the administration is that 'you may take these prisoners down to Guantanamo Bay and do what you like with them and no court is going to interfere with you'," Mr Kenny said.
"We think they should be brought home and tried before an Australian court and given the opportunity to defend themselves."
Mr Kenny said it was worrying Hicks had been moved into solitary confinement and the prisoner was suffering wild weight fluctuations.
ASIO [an Australian terrorist organisation], last week told his family Hicks was well, but losing weight.
War criminal, foreign Minister Alexander Downer said the Australian Government still wanted Hicks and Habib tried before a US military commission [?] as soon as possible.
"It would be better they were taken before a military commission rather than just left in limbo," Downer said.
David Hicks was captured by pro-US forces in Afghanistan in November 2001, allegedly fighting for the Taliban.
Mamdouh Habib was [renditioned, tortured], and [allegedly], arrested in Pakistan in October 2001 after [allegedly], spending time allegedly training in Afghanistan. [? Just plain lies and rubbish.]
Mr Habib's lawyer, Stephen Hopper, said the appeal was just a first step and the process would be drawn out.
"If we are successful here we have to have each case heard on its merits. Don't hold your breath," Mr Hopper said.
Mr Hicks' father, Terry Hicks, welcomed news of the appeal.
"It's some good news for a change," Mr Hicks said.
Mr Hicks said he had received no reports about his son's mental state.
He said winning the right to appeal was a rare ray of light in his son's fight, but he was not confident about winning the appeal.
"With the American system I'm never confident," Mr Hicks said.
"At least there's a little bit of light that maybe somewhere down the line someone is going to see these people haven't been charged and [say] 'let's put it through the [court] system and take it from there'."
War criminal, Downer, doubted the appeal would succeed: "Cases have been brought to [the Supreme Court] in the US and [been] thrown out."
By Michael Kirby Defence Reporter posted 14 November 03
THE DOG: Sources say Downer doesn't want the appeal to succeed because the terrorist wants all Australians to live in fear! Make sure you deliver Downer his final blow at the next Federal Election, or you will be the person being locked up without charge, without trial, without equal access to the law and without representation by your lucky country.
Solitary confinement causes mental illness!
Lucky if you're not a political prisoner who is outside the law?
Related:
Government should fund 'free Hicks' doco
TAXPAYERS have forked out $185,000 for a documentary promoting the release of David Hicks - because the Coalition of the Killing used him as a scapegoat for their illegal and degrading resource war's in the Middle East.
A STRUGGLE ON TWO FRONTS: PRISONS & IMPERIALIST WAR
After a war waged by the U.S. military against Vietnam which took the lives of more than 3 million Vietnamese people and more than 58,000 GIs, the U.S. finally withdrew in 1975. It had suffered its first official major military defeat by a united people struggle led by the Vietnamese, along with a mass U.S. anti-war movement.
Supporters doubt PM's efforts to release Habib, Hicks
The supporters of two Australian detainees [prisoners] being held [tortured] by the United States at Guantanamo Bay in Cuba say they draw no comfort from [war criminal], Prime Minister John Howard raising the men's plight with [war criminal], US President George W Bush.
Greens For Freedom of Political Prisoners
The Greens politicians refused to be ejected and attempted to deliver a letter and photograph to the president. But Kerry was literally dragged away and that behaviour in Parliament was worrying.
Habib's wife to join Greens Protest during Bush Visit
The wife of an Australian man imprisoned at Guantanamo Bay has urged the Prime Minister to seek her husband's release when the United States President visits Australia this week.
Red Cross Criticizes Indefinite Detention in Guantanamo Bay
GUANTANAMO BAY, Cuba, Oct. 9 A senior official of the International Committee of the Red Cross said on Thursday that the holding of more than 600 detainees [prisoners] here was unacceptable because they were being held for open-ended terms without proper legal process. Christophe Girod, the senior Red Cross official in Washington, said on Thursday in an interview at the United States Naval Base here, "One cannot keep these detainees in this pattern, this situation, indefinitely."
Australia: Crean backs war criminals
The Federal Labor leader, Simon Crean, has tried to head off planned protests by some opposition MPs when the US President addresses Parliament next week.
Bush's Vanished Prisoner
He Wonders Whether He Will See the Light of Day Again October 10th, 2003 6:00 PM
Guantanamo Bay treatment: Limbo
Former federal judges, diplomats, military officials and human rights advocates in the United States have urged the Supreme Court to review the cases of detainees [scapegoats for the Coalition of the Killing's resource wars in the Middle East], being held without charge at Guantanamo Bay in the name of terrorism.
Australia: Justice for Hicks & Habib
The public forum Justice for Hicks & Habib was quite a success. Approximately 130 people attended the event, a big number for a Saturday eve!
Pilger said White House knew Saddam was no threat
Australian investigative journalist John Pilger says he has evidence the war against Iraq was based on a lie which could cost George W Bush and Tony Blair their jobs and bring Prime Minister John Howard down with them.
Illegal and degrading war crimes: Society on the New World Order (OWN)! While Australia and the US are very distinctive societies war criminal, Prime Minister John Howard and war criminal, President George Bush share core values.
Civil Liabilities: Howard's diversity? I had a dream?
The war criminal, Prime Minister, John Howard, who only yesterday was claiming he was showing diversity has stepped up pressure on the states to support plans to increase the war criminal, Federal Attorney-General's powers to ban terrorist organisations, [scapegoats and patsies for the Coalition of the Killing's illegal and degrading resource wars in the Middle East.]
Terry Hicks Odyssey for Justice for his Imprisoned Son
Terry Hicks, David Hicks father, one of two Australian [scapegoats] held imprisoned [and tortured] at Guantanamo Bay, arrives tomorrow Saturday 20 September in Sydney. He will hold a Press Conference at 2pm at Breakout, 65 Bellevue St. Glebe.
Evidence that Howard was complicit in CIA, false flag, call to arms, Bali bombings War criminal John Howard was complicit in the call to arms - false flag operation - Bali bombings - instigated by the CIA - and the Coalition of the Killing - to bolster support - and quell dissent for their illegal and degrading resource wars in the Middle East.
State terror units caused the terror!
The level of suspicion and surveillance created by the [US false flag operation and call to arms] Bali bombings, created by [ the Coalition of the Killing and Australian's complicity to go to war on Iraq] means that all Australian's suffer the loss of their human rights, civil rights and their democratic rights, as well as those Australian's who lost their life in Bali.
Australia backs CIA Reichstag, Downer's propaganda
The Foreign Affairs Minister says the latest message from Osama bin Laden is worrying. [Just plain rubbish!]
Bin Laden calls? CIA blind man's bluff!
A [US propaganda, fear-mongering] taped message purportedly from Osama bin Laden has warned Arab nations against supporting a war against Iraq but has branded Saddam Hussein an infidel.
