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Hicks’ Unfair Trial Stayed

17 November 2005, 01:00PM

Amnesty International today welcomes the suspension of David Hicks' military commission preliminary proceedings which were scheduled to commence on 18 November 2005.

The stay was ordered by the US District Court on the grounds that the legality of the military commissions was before the US Supreme Court in an appeal from a decision in Mr Hamdans case, who has also been charged by the commission and held in Guantánamo Bay.

Amnesty International's concerns with the military commissions include:

  • They are not independent of the executive branch of the US Administration and deny those charged the ability to appeal to an independent tribunal.
  • A lack of proper rules of evidence mean that hearsay evidence and evidence obtained by torture or other ill-treatment can be used against those charged.
  • Charges laid against David Hicks either do not exist in international law or do not represent violations of the laws of war.

"While Amnesty International welcomes the Supreme Court appeal process, this delay to his unfair trial by military commission means that David Hicks will be spending more time in detention in Guantánamo Bay in conditions which may amount to ill-treatment," said Katie Wood, Amnesty International Human Rights and Security Campaign Coordinator.

"Australia is the only western democracy that supports these trials as fair and we call again on the Australian Government to reject these unfair trials for one of its citizens," said Katie Wood.

January 2006 will mark David Hicks' fourth year in detention.

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