Whilst US lawyers continue their fight to secure the legal and human rights of Australian citizen, David Hicks, his government has quietly reaffirmed its decision to abandon him to his fate.On the 4th anniversary of the [US false flag operation on] September 11, more than 200 detainees at the US concentration camp at Guantanamo Bay are continuing a hunger strike to protest their ongoing illegal detention & treatment.
Among the Guantanamo Bay inmates [prisoners] is Australian, David Hicks, who has been held by the US for nearly 4 years: tortured; denied his legal & human rights and abandoned by his own government.
In the face of strenuous opposition from Bush administration lawyers, 3 federal appellate court judges yesterday expressed doubts about the US government's assertion that hundreds of foreign nationals imprisoned indefinitely in Cuba have no right to challenge their detention in US courts.
The remarks from all 3 judges on a panel of the US Court of Appeals for the District of Columbia Circuit came during oral arguments in the high-stakes dispute over whether the Bush administration is properly detaining prisoners at the military prison at Guantanamo Bay and whether special tribunals it established are sufficient to determine the detainee's guilt or innocence ( Judges Question Lack of Prisoner Rights -
At home, a small group of Australian politicians continued their efforts to secure justice for David Hicks.
Their efforts last week were recounted by Alan Ramsey in yesterday's Sydney Morning Herald.
'At 3:37PM on Wednesday afternoon, the Democrats' Lyn Allison, her party's latest federal leader, formally asked the Senate to adopt a cross-party proposal sponsored by the Democrats' Natasha Stott-Despoja ( South Australia ), Labor's Linda Kirk ( South Australia ) and the Greens' Bob Brown ( Tasmania ). The wording, though lengthy, should be read in full.
It said: 'That the Senate -
(a) notes (1) the right of all Australians, regardless of their alleged crime, to a fair and reasonable trial;
(2) the number of serious doubts raised by legal and military experts, including retired High Court justices Mary Gaudron and Sir Ninian Stephen, the presidents of the Law Council of Australia and the 14 Law Societies and bar associations of the states and territories of Australia, independent Law Council of Australia observer, Lex Lasry, QC, head of the Australian Military bar, Captain Paul Willee, QC, Mr Geoffrey Robertson, QC, the American Bar Association, 3 United States military commission prosecutors and sitting High Court of Australia justice Michael Kirby, who regard the US military commissions as unust;
(3) that Spain, France and the United Kingdom have all refused to allowhttp://www.blogger.com/img/blank.gif their citizens to be tried before US military commissions and (4) the comments by the UK Attorney-General, Lord Goldsmith, that 'the United Kingdom have been unable to accept that US military tribunals offer sufficient guarantees of a fair trial in accordance with international standards'; and
(b) calls on the Government to advocate for Mr David Hicks's trial to be conducted in a properly constituted court with rules of procedure and evidence that meet Australian and international standards of fairness.'
The Government's Senate majority threw it out without debate. Not a word. The reading of the motion and its defeat, on the voices, lasted one minute. That is the only right the Howard Government accords Hicks - the right of his country's national legislature to spend 60 seconds in trashing, without argument, a request he get a fair trial.
Hicks, a convert to the Islamic faith, was 'captured' with Taliban 'fighters' in Afghanistan on December 9, 2001, by 'forces' of the so-called Northern Alliance, who handed him over to 'US authorities', according to Amnesty International. He was incarcerated at the US military's camp at Guantanamo Bay, Cuba, in January 2002. He has been there ever since, mostly in isolation. Total: three years and nine months. Whatever he has done - and there is no detail - he is an Australian citizen whom his Government denies all rights under Australian law. It has abandoned him to the US military to do as it wishes.
Such is Howard's Australia.
It happened in your Parliament this week without, as far as I am aware, a flicker of either media interest or general knowledge.
However, although the Howard Government cares nothing for Hicks's rights, overnight Thursday Australian time, a panel of 3 judges of the US Court of Appeals, for the District Court of Columbia, again began hearing argument in the continuing legal battle over whether 505 Guantanamo 'detainees', including Hicks, have a legal right to 'due process'. It is an unresolved battle, going on since June last year.'
How pathetic is it that US lawyers are doing more to secure the human and legal rights of an Australian citizen than his own government?
There are 76 Senators in our Parliament and 'on the voices', more than half don't give a tinker's cuss that David Hicks will shortly confront a US Military Commission, especially created to ensure a guilty finding.
The Senators' details (party and state) can be found here - - and their email addresses can be found here - or here.
If you are a mind to, you could drop them a note and let them know what you think of their dismal failure to stand-up for justice and the rule of law.
By John Richardson posted 13 September 05
Related:
87 detainees on hunger strike at Guantanamo
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HUNGER STRIKE AT GUANTANAMO
Detainees [prisoners] at the American military prison at Guantanamo Bay in Cuba are on hunger strike against their indefinite detention, according to human rights lawyers.
All Australians deserve a fair trial
David Hicks will not receive a fair trial in Guantanamo Bay . We must demand that Foreign Minister Alexander Downer get David Hicks back here to face an Australian court:
GetUp! Stand Up! Stand Up For Your Rights!
This government is already rattled. But our work has only just begun. This morning Senator Robert Hill announced that the Government plans to roll back the Senate budget estimates process, which plays a crucial role in exposing government bungles and cover-ups.
David Hicks justice betrayed ......
AUSTRALIA/CUBA/USA: A stated belief of the Liberal Party is: "We believe in a just & humane society in which the importance of the family and the rule of law & justice is maintained."
HICKS: Not a Happy Birthday!
AUSTRALIA/CUBA/US :David Hicks, the Australian imprisoned at the US Base of Guantanamo Bay, will be 30 years old this coming Monday August 7, 2005.
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US: Senator Richard Durbin's sniveling apology Tuesday for his remarks on US torture at the Guantanamo Bay prison camp was entirely predictable, another of the "profiles in cowardice" that the Democratic Party serves up on a regular basis.
HOSTAGES OF THE WAR ON TERROR
Over 17,000 people including minors are now imprisoned by the US as a result of the 'War on Terror'. More than 540 men and minors, including David Hicks remmain imprisoned in Guantanamo Bay.
Hicks 'should be an Australian'
Australian David Hicks should have already been returned to Australia instead of being exploited by the US and Australian authorities.
WAR ON TERROR, WAR ON HUMAN RIGHTS: AMNESTY
The Canterbury-Bankstown Peace Group & the Justice for Hicks & Habib Campaign welcome the statement by Amnesty International Secretary General Irene Khan, condemning the US Administration for condoning torture and the suppression of 'human rights' in their 'war on terror'.
UN Dialogue among Civilizations
This roundtable is a contribution to the UN Dialogue among Civilizations project that began in September 2000. At the first round table debate on Dialogue among Civilizations, Kofi Annan, Secretary General of the UN stated that, cultural diversity - in his opinion - is not only the basis for the Dialogue among Civilizations, but also the reality that makes dialogue necessary, since the perception of diversity as a threat is the very seed of war. [The role of religion in creating a culture of peace and moving on from a culture of fear.]
Torture not acceptable on anyone: Community!
Australia: A former chairman of the National Crime Authority has spoken out in favour of torture for John HoWARd and the Neo-Cons no doubt, saying it should be used against terrorists and in domestic criminal situations but not against QC's?
Torture can never be justified
I am forwarding the following statement issued by AMCRAN in regards to a paper: "Not Enough (Official) Torture in the World? The Circumstances in which Torture is Morally Justifiable" written by Professor Mirko Bagaric, Head of Deakin Law School & Julie Clarke, Lecturer, Deakin Law School, in which they justify torture.
Torture okay: propaganda paper
Mean in Black John HoWARd and Pastor Peter Costello with Professor Mirko Bagaric, and fellow Deakin lecturer Julie Clarke, torture okay for them. Question?
Association for the Prevention of Torture
What needs to be done now? All States Parties to the UN Convention against Torture should seriously consider ratifying the OPCAT as soon as possible. National Institutions and others promoting the human rights of people deprived of their liberty need to be informed of their potential role as national preventive mechanisms under the OPCAT.
CIA defends terror suspect transfers?
Suspected terrorists [scapegoats for the Coalition of the Killings's resource wars in the Middle East] in US custody have been transferred to third countries for the past 20 years, CIA director Porter Goss told the US Senate armed services committee.
Pentagon chiefs cleared over prisoner abuse?
US: The Pentagon has cleared itself of any high-level responsibility for the abuse of detainees in Iraq, Afghanistan and Guantanamo Bay because it was the guard dogs that initiated the torture all along.
USA - FEELING THE HEAT FROM INTERNATIONAL FIRE:
It seems the United States of America (The World Watchdog) is dictating and practising double-standards --- a unique law for America and another set of laws for all other countries.
Guantanamo challenge puts off Hicks trial
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Guantanamo guards blinded prisoner: lawyer
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Amnesty slams Govt position on US trial system
Amnesty International has described as "absurd", the Federal Government's continued support for the United States military commission that will try Australian detainee [scapegoat] David Hicks on terrorism allegations.
US judge orders CIA release Guantanamo records
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Hicks lawyer welcomes Guantanamo ruling
Stephen Kenny, the lawyer representing the family of Guantanamo Bay detainee David Hicks, has welcomed a US court ruling that military commissions set up to try detainees at Guantanamo Bay are unconstitutional.
Australia: a presumption of guilt......
KAREN PERCY: Two of Australia's leading barristers have seized on the return of Guantanamo Bay detainee, Mamdouh Habib, to launch an unprecedented attack on the Federal Attorney General, Philip Ruddock.
Aust Community criticises Govt for 'crimes'!
Australia: The Law Council of Australia is warning that the Federal Government must learn from its mistakes over Guantanamo Bay? Now that's a mistake!
Australian Govt Guilty of Crimes: Community
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US judge dismisses? Guantanamo legal challenge
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US 'landlord' slams! Guantanamo 'law violations'
Cuba has demanded that the United States cease its "criminal conduct" in abusing prisoners held at the base it illegally occupies on Cuba's south-eastern tip, saying procedures at Guantanamo violate international law.
Concern over ramifications of Hicks FOI failure
There are claims that a decision by the Administrative Appeals Tribunal will give some countries the opportunity to refuse diplomatic aid to detained Australians.
FBI emails reveal Guantanamo abuse
In memos over a two year period FBI agents said they witnessed the use of torture techniques, which included the use of dogs, prisoners being shackled to the floor in foetal positions for up to 24 hours, left without food and water, left to defecate upon themselves.
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Guantanamo Bay prisoner David Hicks has reportedly claimed that prisoners at the US run prison camp have been beaten while blindfolded and handcuffed, terrorised by attack dogs, and forced to take drugs.
US lawyer wants inquiry into Hicks trial process
The lawyer defending Australian terror suspect [scapegoat for resource wars] David Hicks has called for an inquiry into whether the military commission hearing the case meets legal standards.
Australia Sells Its Citizens Short
Australian citizens, Mamdouth Habib and David Hicks have been illegally incarcerated in the Guantanamo Bay facility established by the US military as part of the War on Terror.
Downer won't press US for 'torture' report?
The Australian Government says it has tried and failed so far to get a copy of a report by the International Red Cross which claims psychological and physical coercion of detainees at Guantanamo Bay in Cuba?
UK minister criticises US over Guantanamo!
UK: Washington's policy on the legal status of detainees at the Guantanamo Bay prison camp in Cuba is unacceptable, a senior British minister said.
FBI emails reveal Guantanamo abuse
In memos over a two year period FBI agents said they witnessed the use of torture techniques, which included the use of dogs, prisoners being shackled to the floor in foetal positions for up to 24 hours, left without food and water, left to defecate upon themselves.
Lawyers hail 'unlawful' ruling in Guantanamo trial
Human rights groups and lawyers for Guantanamo detainees have welcomed a US federal judge's ruling which halted as unlawful the military tribunal trial of a Guantanamo prisoner accused of being Osama bin Laden's bodyguard and driver.
Hicks's lawyers seek panel decision
Lawyers for Australian Guantanamo Bay detainee David Hicks will make another attempt to dismiss charges against their client in a series of motions hearings starting in Cuba today.
Torture, the British way
Great to be British, isn't it? Time was, we were really uptight, but now we can talk about anything - sex, religion, politics. No matter how personal and complex the subject, we'll discuss it with Richard and Judy, or slap our private Polaroids of it on our websites. Which leaves me puzzled about our silence, even shyness, over this whole torture thing.
US secretly moved prisoners out of Iraq for questioning: report
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Pentagon dumps Guantanamo tribunal officers
The Pentagon has dumped three members of a military tribunal that will hear the trials of Guantanamo prisoners, including Australian David Hicks, but kept the presiding officer despite challenges to his impartiality.
Guantanamo detainees win right for private meetings
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Lawyers complain about Guantanamo trials
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Judge orders US to release Guantanamo records
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Bush team 'knew of abuse' at Guantanamo
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Hicks, Habib denied a fair go: Amnesty
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Govt's Hicks concerns an 'election stunt', says Brown
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Abu Ghraib inquiry slams Aust Government
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Australian Federal Government complicity in war crimes
Complaint to Australian law officers about Australian Federal Government complicity in war crimes.
Hicks family arrives at Kangaroo Caught
Terry Hicks says he feels very emotional about seeing his son for the first time in five years.
Hicks defence team likely to gain more time
The head of the military trials planned for two Australians held at Guantanamo Bay says he believes their defence teams will be given whatever additional time they need to prepare for trial.
Hicks, Habib denied natural justice: Liberal MP
A federal Liberal MP has accused the Government of not doing enough to secure a fair trial for Guantanamo Bay detainees, David Hicks and Mamdouh Habib.
Guantanamo abuse claims prompt new inquiry calls
New claims of abuse at Guantanamo Bay Cuba have prompted fresh calls for an Australian inquiry into the treatment of detainees David Hicks and Mamdouh Habib.
Hicks movie to premiere in Adelaide
A movie about Guantanamo Bay detainee David Hicks, President versus David Hicks, by award winning filmmaker Curtis Levy will be screened in Adelaide tomorrow.
There is no justification for torture
In the weeks since the abuses at Abu Ghraib prison were revealed, evidence continues to seep out of similar mistreatment of prisoners in other US military detention centers in Iraq, Afghanistan, and Guantanamo Bay.
Guantanamo prisoners may be moved to US soil
The US authorities may move hundreds of prisoners from their controversial Guantanamo Bay detention camp in Cuba to the United States following new Supreme Court rulings, the Los Angeles Times has reported.
Pentagon names tribunal for Hicks trial
The Pentagon has named the officers who will decide the fate of David Hicks and two other Guantanamo prisoners charged by the United States in the first US military tribunals since World War II.
US terror suspects can challenge detention
The US Supreme Court has ruled that US courts have jurisdiction to hear appeals from foreign detainees held as enemy combatants in the US military base at Guantanamo Bay, Cuba.
Hicks lawyer praises Guantanamo decision
The lawyer for an Australian man detained at the Guantanamo Bay Naval Base has welcomed a US Supreme Court ruling permitting judicial appeals from foreign detainees held as enemy combatants.
Hicks and Habib in the Melting Pot
Australia: The United States has brought three criminal charges against Australian David Hicks, accusing him of conspiracy to commit war crimes, attempted murder and aiding the enemy, the Pentagon has said.
Rumsfeld had approved abuse
US Defence Secretary Donald Rumsfeld authorised hoods, the stripping of prisoners and the use of dogs to terrify inmates at Guantanamo Bay almost two years ago, documents released yesterday revealed.
How much is that doggy in the prison? Woof woof!
Did the Iraqi prisoner's get their rations while they were treated like chums?
Failure to condemn prison abuse risks lives: Kenny
The Prime Minister is morally bankrupt stay "alert and alarmed"
Prisoner's identity concealed to prevent Red Cross access
US Defence Secretary Donald Rumsfeld, acting at the request of the CIA, ordered that a suspected Iraqi insurgent leader be detained off the books to conceal his identity from the International Committee of the Red Cross (ICRC), the Pentagon has confirmed.
US has secret prisons: rights group
The United States is holding terrorism suspects in more than two dozen detention centres worldwide, about half of which operate in total secrecy, according to a new human rights report.
This won't hurt much
For some time now, I've been trying to find out where my son goes after choir practice. He simply refuses to tell me. He says it's no business of mine where he goes after choir practice and it's a free country.
