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Four years as a prisoner of the US military at Guantanamo Bay in Cuba without tri

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justvr On February 20, 2006




, Wallis and Futuna
#1New Post! Dec 08, 2005 @ 23:10:27
https://www.news.com.au/story/0,10117,17511664-29277,00.html

David Hicks, an Australian citizen, has spent all of the last four years as a prisoner of the
US military at Guantanamo Bay in Cuba following his capture in Afghanistan late in 2001.

He is alleged to have been fighting for the Taliban.

He is one of nine detainees who may face trial by special US military commissions.

The manner in which these commissions have been organized has been strongly
condemned by civil libertarians and by many of the US military lawyers appointed to
defend those accused, and now it seems those commissions may not be allowed to
proceed because they are unfair.

Some of the detainees previously arrested and held without trial at Guantanamo Bay have
been released without trial and without charge, but only after lengthy processes by the US
military.

David Hicks has indicated he will defend allegations that he is guilty of conspiracy to
commit war crimes, attempted murder, and aiding the enemy.

The need to stem terrorism is well understood, but is the system so badly resourced that
someone merely accused can serve years, in David?s case four years so far, in a military
prison without trial, and without the right to appoint his own lawyer (having to accept a
military lawyer appointed by his prosecutors).

If he is found not guilty, how could he ever be compensated for four years lost. What
about the others since released without being charged.

Or do we need a better process? Should people like this be tried in the usual civil and
criminal courts and have defined rights to representation, to know and face their accusers,
and have defined rights to either received due process swiftly or be released.

There is an old adage that justice delayed is justice denied. I think four years is justice
delayed ? has David Hicks been denied justice?.. What do you think??
reiko On March 27, 2006

Deleted



New York, New York
#2New Post! Dec 09, 2005 @ 00:32:42
Something should be changed deinitely. I'm not sure I would want them to be tried in a civil court because in my opinion the US justice system is badly flawed. However I don't believe it is right that you can be accused of these crimes and then be thrown in a prison for years with no trial or due process. If they want to keep it in the military justice system fine but speed up the process and make the case or let them go.
osm On March 18, 2016
Kiwi!





Wellington, New Zealand
#3New Post! Dec 09, 2005 @ 00:54:13
I thought that the states were closing down Guantamino Bay also all the controversy it is causing. Obviously they haven't.

That probably a normal length of time to hold someone there without charge really, I mean if the Americans tried they could actually charge people with things and put them on trial. Since it is not on American soil, America just can not be bothered getting lawyers and stuff out there and there is no way that they would try them on US soil.
beobscureclearly On August 04, 2006




Back of Beyond, Australia
#4New Post! Dec 09, 2005 @ 01:47:55
David Hicks has definitely been treated unfairly. And the way the Australian government has abandoned him is just terrible.
justvr On February 20, 2006




, Wallis and Futuna
#5New Post! Dec 09, 2005 @ 01:52:27
One of my concerns too, apart from him perhaps being found not guilty, is that
he could end up serving more time than his offences warrant.
jwasafrog On September 18, 2010




, California
#6New Post! Dec 09, 2005 @ 01:55:38
I don't know a lot about this, but I'm assuming he was held without bail,
right?

I'm not really sure how POW's or holding a prisoner from a forign country work,
but yeah that sounds pretty screwed up if he had no option other than to sit and
wait around.
beobscureclearly On August 04, 2006




Back of Beyond, Australia
#7New Post! Dec 09, 2005 @ 01:56:52
Did you watch that special on ABC a while back? About David Hicks? Some very interesting points were made. For example, when David Hicks trained with Al Queda it was being funded by the US. And he never fired a shot in the afghan conflict.
justvr On February 20, 2006




, Wallis and Futuna
#8New Post! Dec 09, 2005 @ 01:58:50
@jwasafrog Said
I don't know a lot about this, but I'm assuming he was held without bail,
right?

I'm not really sure how POW's or holding a prisoner from a forign country work,
but yeah that sounds pretty screwed up if he had no option other than to sit and
wait around.


Well the way its working at the moment is that the US is making up its own rules as it goes
along. People like David Hicks are taken off the streets by the US, held for years, and then
bandied around as someone to be tried eventually in a military tribunal where the US
appoints the judge, prosecutors, defence lawyers, confines the process to their supervison
excluding the outside courts, appoints a military jury, and controls the entire process to the
point where the verdict is inevitable. Presumably then the US military inflict the punishment
and there is no hope of appeal.

....the land of the free, and the home of the brave.... except for foreigners we hate
jwasafrog On September 18, 2010




, California
#9New Post! Dec 09, 2005 @ 02:02:52
@justvr Said
Well the way its working at the moment is that the US is making up its own
rules as it goes
along. People like David Hicks are taken off the streets by the US, held for years, and then
bandied around as someone to be tried eventually in a military tribunal where the US
appoints the judge, prosecutors, defence lawyers, confines the process to their supervison
excluding the outside courts, appoints a military jury, and controls the entire process to the
point where the verdict is inevitable. Presumably then the US military inflict the punishment
and there is no hope of appeal.

....the land of the free, and the home of the brave.... except for foreigners we hate


well, I'm sure there's a difference between trying a U.S. citizen and someone whose not, but if
he was held without bail and he didn't have due proccess then there is something wrong.



the problem is, I'm not sure what due proccess is in that case.
beobscureclearly On August 04, 2006




Back of Beyond, Australia
#10New Post! Dec 09, 2005 @ 03:06:44
@jwasafrog Said
well, I'm sure there's a difference between trying a U.S. citizen and someone whose not, but if
he was held without bail and he didn't have due proccess then there is something wrong.



the problem is, I'm not sure what due proccess is in that case.


Whatever it is, it does not apply to David Hicks and the other prisoners. The US government made up new rules for them. They aren't even classed as POW's cos the US doesn't want to be bound by the Geneva Convention.
becki7 On July 28, 2006




Australia
#11New Post! Dec 09, 2005 @ 10:41:17
Yes David Hicks has been treated inhumanely if you ask me I mean you know he hasn't had a trial and when they do it's going to be basically a kangaroo court and I think that he should not coperate because it won't be a real court.The poor guy my heart goes out to him and his family couldn't even begin to think of what he has gone through.I mean he is doing everything in his power just to survive.And the way the Australian government has handle this situation has been disgusting and totally Americanize if you ask me.I wouldn't be surprised if he renouced is citzenship of australia because what we have done with him and how we have treated him.Who wouldn't
justvr On February 20, 2006




, Wallis and Futuna
#12New Post! Dec 13, 2005 @ 13:14:25
https://www.smh.com.au/news/world/hicks-wins-uk-citizenship-battle/
2005/12/13/1134236065688.html

Hicks wins UK citizenship battle

Australian terror suspect David Hicks tonight won a victory in his bid to be
granted British citizenship and obtain his release from United States custody
at Guantanamo Bay.

Britain's High Court today directed the United Kingdom government to
register Hicks' British citizenship.

However the court also granted the British government leave to appeal the
ruling. It was not immediately clear whether it will appeal.

Hicks' supporters hope that if registered as a British citizen, the Foreign
Office will remove him from US military detention, as it did for nine other
Britons once held in the US military prison in Cuba.

Hicks, 30, has the right to British citizenship because his mother was born,
and lived the early part of her life, in London.

The Home Office recognised his prima facie right to citizenship, but withheld
registration on the grounds of his alleged aiding of the enemy when fighting
alongside the Taliban in Afghanistan.

The High Court has ruled the Home Office's parallel actions - recognition and
withholding of citizenship - was legally invalid, and ordered the registration
to go ahead.

Hicks' legal team wants Britain's Foreign Office to remove him from
Guantanamo Bay before he faces a military commission hearing of charges
against him.

He has pleaded not guilty to charges of conspiracy, attempted murder and
aiding the enemy.

Hicks has been held at Guantanamo Bay for nearly four years following his
capture with Taliban forces in Afghanistan in December 2001.

Hicks says the Australian government has refused to plead for his release and
prevent his trial by a US military commission.
cinnamin On April 18, 2008




houston, Texas
#13New Post! Dec 13, 2005 @ 13:24:54
https://www.google.com/search?hl=en&q=david+hicks+and+the+taliban&spell=1
justvr On February 20, 2006




, Wallis and Futuna
#15New Post! Dec 17, 2005 @ 08:50:00
@thewootman Said
Give me a break. Poor little davey wavey the innocent lost little jihadi
who went to fight for his muslim brothers in the balkans and then with the taliban in
afghanistan.How my heart bleeds fot the poor lad. It's a shame the SAS didn't just shoot him
and leave him to rot in some stinking afghani dungeon rather than subject us to his endless
legal manouvering where his smarmy legal team continue to deny what a jihadi scumbag he
really is. The only reason they have held him for so long is prolly cos he may have
information on fundamentalist islamic terrorist activity in australia, which he may well do.
They should just give him a life sentence a koran and a few extra pairs of shoelaces and look
the other way....


Well here it is my violent uncompromising little darling... Its the rule of law... the
presumption of innocence.... the entitlement to due (soon not 4 years plus later) process (a
trial), and when you get to that, each of your jurors is a serving US military officer who has
been (a) instructed and /or (b) indoctrinated, on how to vote. If you think that is acceptable,
read my lips, f*** YOU
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