NationMaster - Encyclopedia: David Hicks

David Matthew Hicks (born 7 August 1975) is an Australian who undertook combat training in al Qaeda-linked camps and served with the ruling Taliban regime in Afghanistan in 2001. He was then detained by the United States Government in Guantanamo Bay until 2007 when he became the first to be tried and convicted under the U.S. Military Commissions Act of 2006. Hicks's treatment, trial process and outcome, and the newly created legal system under which these events took place, drew widespread criticism and controversy.^[1] THE LAMS ROCKKK ... David Hicks in Adelaide, photo courtesy of Hicks family: http://www. ... David Hicks in Adelaide, photo courtesy of Hicks family: http://www. ... is the 219th day of the year (220th in leap years) in the Gregorian calendar. ... Year 1975 (MCMLXXV) was a common year starting on Wednesday (link will display full calendar) of the Gregorian calendar. ... Map of major attacks attributed to al-Qaeda Al-Qaeda (also al-Qaida or al-Qaida or al-Qaidah) (Arabic: â€Ž , translation: The Base) is an international alliance of terrorist organizations founded in 1988[4] by Osama bin Laden and other veteran Afghan Arabs after the Soviet War in... The Taliban (Pashto: , also anglicized as Taleban) are a Sunni Muslim and ethnic Pashtun movement [2] that ruled most of Afghanistan from 1996 until 2001, when their leaders were removed from power by a cooperative military effort between the Northern Alliance, United States, Canada, Australia and the United Kingdom. ... This article is about the federal government of the United States. ... Guantanamo Bay may refer to: GuantÃ¡namo Bay, a bay located in GuantÃ¡namo Province at the south-eastern end of Cuba. ... President George W. Bush signs into law S. 3930, the Military Commissions Act of 2006, during a ceremony on October 17, 2006 in the East Room of the White House. ...

In 1999, Hicks converted to Islam and took the name Muhammed Dawood. He was captured in Afghanistan in December 2001 by the Afghan Northern Alliance and sold for a $1,000 bounty to the U.S. military.^[2] He was transported to Guantanamo Bay where he was designated an enemy combatant,^[3] during which time he alleged he was tortured.^[4]^[5] Charges were first filed against Hicks in 2004 under a military commission system newly created by Presidential Order.^[6] Those proceedings failed in 2006 when the U.S. Supreme Court ruled, in Hamdan v. Rumsfeld, that the military commission system was unconstitutional. The military commission system was re-established by an Act of the United States Congress. Revised charges were filed against Hicks in February 2007 before a new commission under the new Act. The following month, in accordance with a pre-trial agreement struck with convening authority Judge Susan J. Crawford, Hicks pled guilty to a single newly codified charge of "providing material support for terrorism". Hicks's legal team attributed his acceptance of the plea bargain to his "desperation for release from Guantanamo". For people named Islam, see Islam (name). ... Flag flown by the UIF (Northern Alliance). ... An enemy combatant has historically referred to members of the armed forces of the state with which another state is at war. ... The presidential seal was used by Rutherford B. Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii. ... For the case involving a United States citizen, see Hamdi v. ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political...

In April 2007, Hicks was returned to Australia to serve the remaining nine months of a suspended seven-year sentence. The nine month period precluded media contact and drew criticism for delaying his release until after the 2007 Australian election. Former Pentagon chief prosecutor, Colonel Morris Davis later alleged political interference in the case by the Bush administration in the U.S. and the Howard government in Australia, something both governments denied.^[7] The 2007 election for the federal Parliament of Australia, in which 13. ... This article is about the United States military building. ... The prosecutor is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system. ... Morris Davis is a United States military officer and lawyer, appointed to serve as the chief prosecutor in the guantanamo military commissions. ... The Presidency of George W. Bush, also known as the George W. Bush Administration, began on his inauguration on January 20, 2001 as the 43rd and current President of the United States of America. ... For other uses of terms redirecting here, see US (disambiguation), USA (disambiguation), and United States (disambiguation) Motto In God We Trust(since 1956) (From Many, One; Latin, traditional) Anthem The Star-Spangled Banner Capital Washington, D.C. Largest city New York City National language English (de facto)1 Demonym American... John Winston Howard (born 26 July 1939) is an Australian politician and the 25th Prime Minister of Australia. ...

Hicks was released, under control order, from Adelaide's Yatala Labour Prison on 29 December 2007. Rear of the prison complex Yatala Labour Prison is a low to high security Australian mens prison in the northern suburbs of Adelaide, South Australia. ... is the 363rd day of the year (364th in leap years) in the Gregorian calendar. ...

Early life

David Hicks was born in Adelaide, South Australia to Terry and Susan Hicks. His parents separated when he was ten years old, his father later remarrying. He has one sister.^[8] For other uses, see Adelaide (disambiguation). ... For the song, see South Australia (song). ...

Described by his father as "a typical boy who couldn't settle down" and by his former school principal as one of "the most troublesome kids", Hicks reportedly experimented with alcohol and drugs as a teen and was expelled from Smithfield Plains High school in 1990 at age 14.^[9] Before turning 15, Hicks was given dispensation by his father from attending school. His former partner has claimed that Hicks then turned to criminal activity, including vehicle theft, in order to feed himself, although no adult criminal record was ever recorded for this.^[10]^[11] This article is about the year. ...

Hicks moved between various jobs, including skinning kangaroos at a meat-packing factory, fishing for sharks, and working at a series of outback cattle stations in the Northern Territory, Queensland, and South Australia. He met Jodie Sparrow, his de facto wife at a cattle station in Borroloola during 1992, where he worked as a rodeo rider and barman. He would study the qu'ran in his spare time.^[9] Borrolooa historian Val Andrews described Hicks as "a quiet fellow, into his religious study". Hicks and Sparrow had two children daughter Bonnie and son Terry before separating in 1996. He eventually lost contact with his two young children.^[11]^[10] After their separation, Hicks moved to Japan to become a horse trainer.^[11] Station is the term for a large Australian landholding used for livestock production. ... For similar terms, see Northern Territories (disambiguation) Slogan or Nickname: The Territory, The NT, The Top End Motto(s): none Other Australian states and territories Capital Darwin Government Constitutional monarchy Administrator Ted Egan Chief Minister Clare Martin (ALP) Federal representation - House seats 2 - Senate seats 2 Gross Territorial Product (2004... Slogan or Nickname: Sunshine State, Smart State Motto(s): Audax at Fidelis (Bold but Faithful) Other Australian states and territories Capital Brisbane Government Constitutional monarchy Governor Quentin Bryce Premier Anna Bligh (ALP) Federal representation - House seats 28 - Senate seats 12 Gross State Product (2004-05) - Product ($m) $158,506 (3rd... For the song, see South Australia (song). ... Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are not legally married. ... Borroloola is located on the Gulf of Carpentaria and has a diamond mine there. ... Year 1992 (MCMXCII) was a leap year starting on Wednesday (link will display full 1992 Gregorian calendar). ... The Quran ( Arabic al-qurʾān أَلْقُرآن; its literal meaning is the recitation and is often called Al Quran Al Karim: The Noble Quran, also transliterated as Quran, Koran, and less commonly Alcoran) is the holy book of Islam. ... Year 1996 (MCMXCVI) was a leap year starting on Monday (link will display full 1996 Gregorian calendar). ...

Religious and militant activities

In 1999, Hicks travelled to Albania, joining the Kosovo Liberation Army (KLA), a militant organisation of ethnic Albanians fighting against Serbian forces in the Kosovo War, for two months.^[13] Upon return to Australia, Hicks applied to join the Australian Army but was rejected due to his low level of formal education.^[10] Hicks then converted to Islam,^[14]and began studying at a mosque in Gillies Plains, a suburb north of Adelaide. The president of the Islamic society of south Australia, Wali Hanifi, described Hicks as a good man that was interested and devoted in islam. "after personal experience and research, that Islam was the answer". ^[9] Image File history File links No higher resolution available. ... Image File history File links No higher resolution available. ... A rocket propelled grenade (RPG) is a man-portable, shoulder-launched weapon capable of firing an explosive device longer distances than an otherwise unassisted soldier could throw. ... Ushtria Ã‡lirimtare e KosovÃ«s. ... Ushtria Ã‡lirimtare e KosovÃ«s. ... Not to be confused with Republika Srpska. ... The term Kosovo War or Kosovo Conflict is often used to describe two sequential and at times parallel armed conflicts (a civil war followed by an international war) in the southern Serbian province called Kosovo (officially Kosovo and Metohia), part of the former Federal Republic of Yugoslavia. ... The Australian Army is Australias military land force. ... For people named Islam, see Islam (name). ... The Masjid al-Haram in Mecca as it exists today A mosque is a place of worship for followers of the Islamic faith. ...

He renounced his faith during the earlier years of his detention at Guantánamo.^[15] In June 2006, Moazzam Begg, a British man who had also been held at Guantanamo Bay but was released in 2005, claimed in his book Enemy Combatant: A British Muslim's Journey to Guantanamo and Back that Hicks had abandoned his Islamic beliefs, and had been denounced by a fellow inmate, Uthman al-Harbi, for his lack of observance.^[16] This has also been confirmed by his military lawyer, Major Michael Mori. However, he declined to say why Hicks was no longer a Muslim, saying it was a personal issue for David Hicks.^[17] Moazzam Begg before speaking at a meeting about civil liberties Moazzam Begg (born 1968) is one of nine British Muslims who were held in extrajudicial detention in the Guantanamo Bay detainment camp, in Cuba, by the government of the United States of America. ...

Lashkar-e-Toiba

On 11 November 1999, Hicks travelled to Pakistan to study Islam^[12]^[18] and began training with Lashkar-e-Toiba in early 2000^[19]^[20] Lashkar-e-Toiba (Urdu: Ù„Ø´ÙƒØ±Ù Ø·ÙŠØ¨Ù‡ laÅ¡kar-Ä• á¹¯aiyyiba, literally The Army of Pure, also transliterated as Lashkar-i-Tayyaba, Lashkar-e-Tayyaba, Lashkar-e-Tayyiba or Lashkar-i-Toiba) is one of the largest and most active Islamic terrorist organizations in South Asia. ...

In the U.S. military commission charges presented in 2004, the U.S. accused Hicks of training at the Mosqua Aqsa camp in Pakistan, after which he "travelled to a border region between Pakistan-controlled Kashmir and Indian-controlled Kashmir, where he engaded in hostile action against Indian forces". ^[21] Kashmir (or Cashmere) may refer to: Kashmir region, the northwestern region of the Indian subcontinent India, Kashmir conflict, the territorial dispute between India, Pakistan, and the China over the Kashmir region. ...

In another letter on 10 August 2000, Hicks wrote from Kashmir claiming to have been a guest of Pakistan's army for two weeks at the front in the "controlled war" with India. is the 222nd day of the year (223rd in leap years) in the Gregorian calendar. ... Year 2000 (MM) was a leap year starting on Saturday. ... Kashmir (or Cashmere) may refer to: Kashmir region, the northwestern region of the Indian subcontinent India, Kashmir conflict, the territorial dispute between India, Pakistan, and the China over the Kashmir region. ...

During this period, Hicks kept a notebook to document his training in weapon use, explosives and military tactics, in which he wrote that guerilla warfare involved "sacrifice for Allah". He took extensive notes on, and made sketches of, various weaponry mechanisms and attack strategies (including the Heckler & Koch submachine gun, the M-16 assault rifle, RPG-7 grenade launcher, anti-tank rockets and VIP security infiltration).^[23] Heckler & Koch GmbH (H&K) (pronounced [1]) is a German weapons manufacturing company famous for various series of small firearms, notably the MP5 submachine gun, the MP7 personal defense weapon, USP series of handguns, high-precision PSG1 sniper rifle, and the G3 and G36 assault rifles. ... M16 Type Assault rifle Nationality United States Era Vietnam, modern History Date of design 1957 Production period 1960 to present Service duration 1960 to present Operators NATO War service Vietnam War, Gulf War, 2003_invasion_of_Iraq Specifications Type Assault Rifle Calibre 5. ...

In January 2001, Hicks was provided with funding and an introduction letter from LET. He then travelled to Afghanistan to attend training at Al-Qaeda camps.^[21] Lashkar-e-Toiba (Urdu: Ù„Ø´ÙƒØ±Ù Ø·ÙŠØ¨Ù‡ laÅ¡kar-Ä• á¹¯aiyyiba, literally The Army of Pure, also transliterated as Lashkar-i-Tayyaba, Lashkar-e-Tayyaba, Lashkar-e-Tayyiba or Lashkar-i-Toiba) is one of the largest and most active Islamic terrorist organizations in South Asia. ...

Afghanistan

Upon arrival in Afghanistan, Hicks went to an al-Qaeda guest house where he met Ibn al-Shaykh al-Libi, a high ranking al Qaeda member. He turned over his passport and indicated to them that he would use the alias "Muhammad Dawood".^[21] This article needs to be cleaned up to conform to a higher standard of quality. ...

Hicks allegedly "attended a number of al-Qaeda training courses at various camps around Afghanistan, learning guerilla warfare, weapons training, including landmines, kidnapping techniques and assassination methods.^[20] He also allegedly participated in an advanced course on surveillance, in which he conducted surveillance of the U.S. and British embassies in Kabul, Afghanistan." On one occasion when al-Qaeda founder Osama bin Laden visited an Afghan camp, Hicks questioned bin Laden about the lack of English in training material and subsequently "began to translate the training camp materials from Arabic to English".^[20] Hicks wrote home that he'd met Osama bin Laden 20 times but later told investigators he had exaggerated, that he had seen bin Laden about eight times and spoken to him only once. For other places with the same name, see Kabul (disambiguation). ... Al-Qaeda (Arabic: القاعدة, the foundation or the base) is the name given to a worldwide network of militant Islamist organizations under the leadership of Osama bin Laden. ... Osama bin Muhammad bin Awad bin Laden (Arabic: â€Ž; born March 10, 1957[1]), most often mentioned as Osama bin Laden or Usama bin Laden, is a Saudi Arabian militant Islamist and is widely believed to be one of the founders of the organization called al-Qaeda. ...

Prosecutors also allege Hicks was interviewed by Muhammad Atef, an al-Qaeda military commander, about his background and "the travel habits of Australians". In a memoir that was later repudiated by its author, Guantanamo detainee Feroz Abbasi claimed Hicks was "Al-Qaedah's 24 [carat] Golden Boy" and "obviously the favourite recruit" of their al-Qaeda trainers during exercises at the al-Farouq camp near Kandahar. The memoir made a number of claims, including that Hicks was teamed in the training camp with Filipino recruits from the Moro Islamic Liberation Front and that during internment in Camp X-Ray. Hicks described his desire to; "go back to Australia and rob and kill Jews... crash a plane into a building," and to "go out with that last big adrenalin rush.".^[25] Mohammed Atef (also transliterated as Muhammad Atef, Muhammed Atef, and several other ways) was the alleged military chief of the international terrorist organization al-Qaida. ... Feroz Abbasi was one of nine British men who were held at Camp X-Ray, Guantanamo Bay by the government of the United States of America. ... Al-Qaeda (Arabic: القاعدة, the foundation or the base) is the name given to a worldwide network of militant Islamist organizations under the leadership of Osama bin Laden. ... The al Farouq training camp was a military training camp near Kandahar Afghanistan that is alleged to have been run by al Qaeda. ... This article is about the city in Afghanistan. ... â€œMILFâ€ redirects here. ... Camp X-Ray, shown here under construction, was a temporary holding facility for detainees held at U.S. Naval Base Guantanamo Bay, Cuba. ...

On September 9 2001 Hicks travelled from Afghanistan to Pakistan to visit a friend.^[9] A US Department of Defense statement claimed that, "viewing TV news coverage in Pakistan of the September 11, 2001 attacks against the United States" led Hicks to return to Afghanistan to "rejoin his al-Qaeda associates to fight against U.S., British, Canadian, Australian, Afghan, and other coalition forces".^[20]^[12] Hicks arrived in the southern Afghan city of Kandahar where he reported to Saif al Adel, who was assigning individuals to locations, and "armed himself with an AK-47 automatic rifle, ammunition, and grenades to fight against coalition forces". Hicks was given a choice of three locations and chose to join a group of al-Qaeda fighters defending the Kandahar airport. After Coalition bombing commenced in October 2001, Hicks began guarding a Taliban tank position outside the airport. After guarding the tank for a week Hicks, with an LET acquaintance, traveled closer to the battle front in Kunduz where he joined others including John Walker Lindh.^[21]^[20] The United States Department of Defense (DOD or DoD) is the federal department charged with coordinating and supervising all agencies and functions of the government relating directly to national security and the military. ... A sequential look at United Flight 175 crashing into the south tower of the World Trade Center The September 11, 2001 attacks (often referred to as 9/11â€”pronounced nine eleven or nine one one) consisted of a series of coordinated terrorist[1] suicide attacks upon the United States, predominantly... Saif al-Adel Saif Al-Adel (or Seif Al Adel) (born April 11, 1960 or 1963) is believed to be a senior member of the Al-Qaeda and Egyptian Islamic Jihad. ... Avtomat Kalashnikova model 1947 g. ... Lashkar-e-Toiba (Urdu: Ù„Ø´ÙƒØ±Ù Ø·ÙŠØ¨Ù‡ laÅ¡kar-Ä• á¹¯aiyyiba, literally The Army of Pure, also transliterated as Lashkar-i-Tayyaba, Lashkar-e-Tayyaba, Lashkar-e-Tayyiba or Lashkar-i-Toiba) is one of the largest and most active Islamic terrorist organizations in South Asia. ... , Kunduz Kunduz (Persian: Ù‚Ù†Ø¯ÙˆØ²) also known as KundÃ»z, Qonduz, QondÃ»z, Konduz, KondÃ»z, Kondoz, or Qhunduz is a city in northern Afghanistan, the capital of Kunduz Province. ... For other persons named John Walker, see John Walker (disambiguation). ...

Colonel Morris Davis, chief prosecutor for the US office of Military Commissions said "He eventually left Afghanistan and it's my understanding was heading back to Australia when 9/11 happened. When he heard about 9/11, he said it was a good thing (and) he went back to the battlefield, back to Afghanistan, and reported in to the senior leadership of al-Qaeda and basically said, 'I'm David Hicks and I'm reporting for duty'". Davis also compared Hicks' alleged actions to that of those who carried out terrorist attacks such as Bali, the London and Madrid bombings and the Beslan school siege.^[26] Morris Davis is a United States military officer and lawyer, appointed to serve as the chief prosecutor in the guantanamo military commissions. ...

Terry Hicks, however, claimed that his son seemed at first unaware, then skeptical, of the September 11 attacks when they spoke on a mobile phone in early November 2001. He also noted David Hicks commented about "going off to Kabul to defend it against the Northern Alliance".^[27]^[11] Flag flown by the UIF (Northern Alliance). ...

In October and November 2001 Hicks wrote multiple letters to his mother Sue King back in Australia. He asked that replies were to be directed to Abu Muslim Australia, a pseudonym he used to circumvent non-Muslim spies he believed intercepted correspondence. In these letters he detailed the validity of Jihad and his own prospect of "martyrdom". For other uses, see Jihad (disambiguation). ... Shaheed (Arabic: , plural: ) is a religious term in Islam, that literally means witness. It is a title that is given to a Muslim after his death, if he died during the fulfillment of a religious commandment, or during a war for the religion. ...

In November 2005, the Australian Broadcasting Corporation program Four Corners broadcast for the first time a transcript of an interview with Hicks, conducted by the Australian Federal Police in 2002 and other material including a report that Hicks had signed a statement written by American military investigators stating that he had trained with al-Qaeda in Afghanistan, learning guerrilla tactics and urban warfare.^[12] The program also reported that Hicks had met Osama bin Laden. That he claimed to have disapproved of the September 11 attacks but to have been unable to leave Afghanistan. He denied engaging in any actual fighting against US or allied forces. The Australian Broadcasting Corporation or ABC is Australias national non-profit public broadcaster. ... 4 Corners redirects here. ...

Capture and detention

He was captured by a "Northern Alliance warlord" near Kunduz, Afghanistan, on or about 9 December 2001, and turned over to US Special Forces for $1000 on 17 December 2001.^[25]^[18]^[28] Hicks's father Terry, when interviewed, said "David was captured by the Northern Alliance unarmed in the back of a truck or a van. So it wasn't on the battlefield at all."^[29] Image File history File links Guantanamo_Bay_David_Hicks_Cell,_Reading_Room_Inset. ... Image File history File links Guantanamo_Bay_David_Hicks_Cell,_Reading_Room_Inset. ... , Kunduz Kunduz (Persian: Ù‚Ù†Ø¯ÙˆØ²) also known as KundÃ»z, Qonduz, QondÃ»z, Konduz, KondÃ»z, Kondoz, or Qhunduz is a city in northern Afghanistan, the capital of Kunduz Province. ... is the 343rd day of the year (344th in leap years) in the Gregorian calendar. ... This article is about the year. ... Blue Light redirects here. ... December 17 is the 351st day of the year (352nd in leap years) in the Gregorian calendar. ... This article is about the year. ...

In 2002, Hicks's father sought to have him brought to Australia for trial. In 2003, the Australian government requested that Hicks be brought to trial without further delay, extending Hicks consular support per its responsibilities^[30] and legal aid under the Special Circumstances Overseas Scheme.^[31]

Torture allegations

In an affidavit, dated 5 August 2004 and released on 10 December 2004, Hicks alleged mistreatment by U.S. forces, included being: is the 217th day of the year (218th in leap years) in the Gregorian calendar. ... is the 344th day of the year (345th in leap years) in the Gregorian calendar. ...

He also said he met with US military investigators conducting a probe into detainee abuse in Afghanistan and had told the International Red Cross on earlier occasions that he had been mistreated.^[32] Hicks told his family in a 2004 visit to Guantanamo Bay that he had been anally assaulted during interrogation by the U.S. in Afghanistan while he was hooded and restrained. Hick's father claimed; "He said he was anally penetrated a number of times, they put a bag over his head, he wasn't expecting it and didn't know what it was. It was quite brutal."^[4] In a Four Corners interview, Terry Hicks discussed these "allegations of physical and sexual abuse of his son by American soldiers".^[33] The International Red Cross and Red Crescent Movement is the worlds largest group of humanitarian non-governmental organizations, often known simply as the Red Cross, after its original symbol. ... 4 Corners redirects here. ...

Hicks claims to have found conditions at the camps in the latter years to be equally trying. According to conversations with his father, Hicks said he had been abused by both Northern Alliance and US soldiers. In response, the Australian government announced its acceptance of U.S. assurances that David Hicks had been treated in accordance with international law.^[31] In March 2006, camp authorities moved all ten of the Guantanamo detainees who faced charges into solitary confinement. This was described as a routine measure because of the impending attendance of the detainees at their respective tribunals. However, Hicks remained in solitary confinement, for seven weeks after the US Supreme Court's confirmed a ruling that the commissions were unconstitutional, which was reported to have "deteriorated his condition".^[34] Hicks was a well-behaved detainee, but he was in solitary confinement for 23 hours a day.^[35]. The window in his cell was internal, facing onto a corridor.^[36]^[37] Hicks claimed to have declined a visit from Australian Consular officials because he had been punished for speaking candidly with consular officials about the conditions of his detention on previous visits.^[38] Hicks was talking about suicidal impulses during his periods in isolation at Camp Echo, "He often talked about wanting to smash his head … against the metal of his cage and just end it all." The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ...

OARDEC administrative procedures

In 2004 the Bush administration set up the Office for the Administrative Review of Detained Enemy Combatants. George Walker Bush (born July 6, 1946) is the forty-third and current President of the United States of America, originally inaugurated on January 20, 2001. ... Wikisource has original text related to this article: Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007 The Office for the Administrative Review of the Detention of Enemy Combatants is responsible for annually reviewing whether suspected terrorists detained by US forces. ...

Combatant Status Review Tribunal

The Bush administration asserted that the Geneva Conventions did not apply to captives from the war on terror. This policy was challenged before the Judicial branch. Critics^[who?] argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Image File history File links Trailer_where_CSR_Tribunals_were_held. ... Image File history File links Trailer_where_CSR_Tribunals_were_held. ... Wikisource has original text related to this article: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism Wikisource has original text related to this article: Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007 This is the trailer where the Combatant Status... Recreational Vehicle (RV) is a broad term used to describe a large enclosed piece of equipment with wheels designed to be moved from place to place for people to temporarily live in and be protected from the elements while away from their permanent domicile. ... George Walker Bush (born July 6, 1946) is the forty-third and current President of the United States of America, originally inaugurated on January 20, 2001. ... Original document. ... The War on Terrorism or War on Terror (officially the Global War on Terrorism or GWOT[1]) is a campaign by the United States, NATO, and other allies with the stated goal of ending international terrorism by stopping those groups identified as terrorist groups, and ending state sponsorship of terrorism. ... Competent Tribunal is a term used article five of the third Geneva Convention, which states: Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall... Geneva Convention definition A prisoner of war (POW) is a soldier, sailor, airman, or marine who is imprisoned by an enemy power during or immediately after an armed conflict. ...

Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the U.S. Government's definition of an enemy combatant. The United States Department of Defense (DOD or DoD) is the federal department charged with coordinating and supervising all agencies and functions of the government relating directly to national security and the military. ... Wikisource has original text related to this article: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism Wikisource has original text related to this article: Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007 This is the trailer where the Combatant Status... An enemy combatant has historically referred to members of the armed forces of the state with which another state is at war. ...

Initial charges

Hicks was charged by a U.S. military commission, on 26 August 2004. A Summary of Evidence memo was prepared for Hicks's Combatant Status Review Tribunal on 7 September 2004, alleging:^[42] is the 238th day of the year (239th in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Combatant Status Review Tribunal notice read to a Guantanamo captive. ... is the 250th day of the year (251st in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...

In Guantanamo, Hicks signed a statement written by American military investigators that includes the following, "I believe that al-Qaeda camps provided a great opportunity for Muslims like myself from all over the world to train for military operations and jihad. I knew after six months that I was receiving training from al-Qaeda, who had declared war on numerous countries and peoples."^[12]^[43]^[44] Grenade redirects here. ... A landmine is a type of mine which is placed onto or into the ground and explodes when triggered by a vehicle or person. ... A rocket propelled grenade (RPG) is a man-portable, shoulder-launched weapon capable of firing an explosive device longer distances than an otherwise unassisted soldier could throw. ... For other places with the same name, see Kabul (disambiguation). ... Osama bin Muhammad bin Awad bin Laden (Arabic: â€Ž; born March 10, 1957[1]), most often mentioned as Osama bin Laden or Usama bin Laden, is a Saudi Arabian militant Islamist and is widely believed to be one of the founders of the organization called al-Qaeda. ... Kunduz is a city in Afghanistan; the name has also sometimes been rendered as Kûnduz, Qonduz, Qondûz, Konduz, Kondûz, Kondoz, or Qhunduz. ... Aromatic vials in the shape of Greek gods, Begram, 2nd century. ...

Hicks was charged by a U.S. military commission, on 26 August 2004; however, that commission was subsequently abolished and the charges thus voided when on 29 June 2006, in the case Hamdan v. Rumsfeld, the United States Supreme Court ruled that the military commissions were illegal under United States law and the Geneva Conventions. is the 238th day of the year (239th in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... is the 180th day of the year (181st in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... For the case involving a United States citizen, see Hamdi v. ...

The indictment prepared for the previously scheduled trial had alleged that Hicks had trained and conspired in various ways, and was guilty of "aiding the enemy" while an "unprivileged belligerent". No specific acts of violence were alleged. He was detained in December 2001. To meet Wikipedias quality standards, this article or section may require cleanup. ...

In the voided indictment of Hicks, the United States government had alleged that:

The US administration has alleged that Hicks:^[45] This article is about political Islam For the religion of Islam, see Islam. ... Lashkar-e-Toiba (Urdu: Ù„Ø´ÙƒØ±Ù Ø·ÙŠØ¨Ù‡ laÅ¡kar-Ä• á¹¯aiyyiba, literally The Army of Pure, also transliterated as Lashkar-i-Tayyaba, Lashkar-e-Tayyaba, Lashkar-e-Tayyiba or Lashkar-i-Toiba) is one of the largest and most active Islamic terrorist organizations in South Asia. ... The Taliban (Pashto: , also anglicized as Taleban) are a Sunni Muslim and ethnic Pashtun movement [2] that ruled most of Afghanistan from 1996 until 2001, when their leaders were removed from power by a cooperative military effort between the Northern Alliance, United States, Canada, Australia and the United Kingdom. ... This article needs to be cleaned up to conform to a higher standard of quality. ... Al-Qaeda (Arabic: القاعدة, the foundation or the base) is the name given to a worldwide network of militant Islamist organizations under the leadership of Osama bin Laden. ... The al Farouq training camp was a military training camp near Kandahar Afghanistan that is alleged to have been run by al Qaeda. ... This article is about the city in Afghanistan. ... Osama bin Muhammad bin Awad bin Laden (Arabic: â€Ž; born March 10, 1957[1]), most often mentioned as Osama bin Laden or Usama bin Laden, is a Saudi Arabian militant Islamist and is widely believed to be one of the founders of the organization called al-Qaeda. ... Mohammed Atef Group photo of Ayman al-Zawahiri, Osama bin Laden & Abu Hafs Prosecution Trial Exhibit from the trial of Zacarias Moussaoui Mohammed Atef (Arabic: Ù…ØÙ…Ø¯ Ø¹Ø§Ø·Ù ) (also transliterated as Muhammad Atef, Muhammed Atef, Muhammad â€˜Ä€á¹if and several other ways) (1944-2001) was the alleged military chief of the international terrorist organization... Tarnak Farms refers to a former Al Qaeda training camp near Kandahar, Afghanistan. ... In British English, abseiling (from the German abseilen, to rope down) is the process of descending on a fixed rope. ... For other places with the same name, see Kabul (disambiguation). ... For other uses, see Jihad (disambiguation). ... A sequential look at United Flight 175 crashing into the south tower of the World Trade Center The September 11, 2001 attacks (often referred to as 9/11â€”pronounced nine eleven or nine one one) consisted of a series of coordinated terrorist[1] suicide attacks upon the United States, predominantly... Kandahar Airfield (or Kandahar International Airport) (IATA: KDH, ICAO: OAKN) is located 16 kilometers (10 miles) south-east of Kandahar, Afghanistan. ... Kunduz is a city in Afghanistan; the name has also sometimes been rendered as Kûnduz, Qonduz, Qondûz, Konduz, Kondûz, Kondoz, or Qhunduz. ... is the 313th day of the year (314th in leap years) in the Gregorian calendar. ... This article is about the year. ... For other persons named John Walker, see John Walker (disambiguation). ...

In an interview with The Age newspaper in January 2007, Col. Morris Davis, the chief prosecutor in the Guantanamo military commissions, also alleged that Hicks had been issued with weapons to fight US troops, and had conducted surveillance against US and international embassies. Davis stated he would be charged for these offences, and predicted the charging would take place before the end of January. He alleged that Hicks "knew and associated with a number of al-Qaeda senior leadership." and that, "he conducted surveillance on the US embassy and other embassies". He went on to compare Hicks to the Bali bombers, expressing concern that Australians were misjudging the military commission system due to PR "smoke" from Hicks's lawyer.^[45] This article does not cite any references or sources. ... Morris Davis is a United States military officer and lawyer, appointed to serve as the chief prosecutor in the guantanamo military commissions. ... Military commissions are among procedures planned by the U.S. Bush administration to deal with detainees it links to al-Qaeda. ... The 2002 Bali bombing occurred on October 12, 2002 in the tourist district of Kuta on the Indonesian island of Bali. ...

James Yee, a US Army chaplain who regularly counselled Hicks while detained at Guantanamo Bay, gave a statement shortly after Hicks was freed in December 2007. He said that he did not feel Hicks was a threat to Australia, and that "Any American soldier who has been through basic training has had 50 times more training than this guy".^[46] James J. Yee. ...

Administrative Review Board hearing

Detainees who were classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant". The Administrative Review Board conducts an annual review of the suspects the United States holds in Camp Delta, in the US naval base in Guantanamo Bay, Cuba. ...

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

In September 2007 the Department of Defense released all the Summary of Evidence memos prepared for the Administrative Review Boards convened in 2005 or 2006.^[48]^[49] Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005. ...

Trial delays

Defence team

The U.S. Army appointed United States Marine Corps Major Michael Mori as defence counsel to Hicks. Hicks's civilian defence was being funded by Dick Smith, an Australian entrepreneur. Smith has stated that he was funding the defence "to get him a fair trial".^[50] The United States Marine Corps (USMC) is a branch of the United States armed forces responsible for providing force projection from the sea,[1] using the mobility of the U.S. Navy to rapidly deliver combined-arms task forces and is one of seven uniformed services. ... Michael Dante Mori (born October 4, 1965) is a major in the United States Marine Corps. ... This article is about the Australian entrepreneur. ... For the computer game by Peter Molyneux, see The Entrepreneur. ...

Delays in legal proceedings

In November 2004, Hicks's trial was delayed when a US Federal Court ruled that the military commissions in question were unconstitutional. In February 2005 the Hicks's family lawyer, Stephen Kenny, who had been representing Hicks in Australia without compensation since 2002, was dismissed from the defence team and Vietnam veteran and Army Reservist David McLeod replaced him. Stephen Kenny is an Australian lawyer. ...

Hicks's trial was next set for 10 January 2005, but there were numerous postponements and further legal wrangling over the years that followed. In mid-February 2005, Jumana Musa, Amnesty International's legal observer at Guantanamo Bay, visited Australia to speak to Attorney-General Philip Ruddock (a member of Amnesty International) about the military commissions. Musa stated that Australia was "the only country that seems to have come out and said that the idea of trying somebody, their own citizen, before this process might be OK, and I think that should be a concern to anybody."^[51] In July 2005 a US appeals court accepted the prosecution claim that because "the President of the United States issued a memorandum in which he determined that none of the provisions of the Geneva Conventions "apply to our conflict with Al Qaeda in Afghanistan or elsewhere throughout the world because, among other reasons, al Qaeda is not a high contracting party to Geneva," that Hicks, among others, could be tried by a military tribunal.^[52] In July 2005, the US appeals court ruled that the trial of "Unlawful Combatants" did not come under the Geneva Convention, and that they could be tried by a military tribunal.^[53] In early August 2005, leaked emails from former US prosecutors criticised the legal process,^[54] accusing it of being "a half-hearted and disorganised effort by a skeleton group of relatively inexperienced attorneys to prosecute fairly low-level accused in a process that appears to be rigged" and "writing a motion saying that the process will be full and fair when you don't really believe it is kind of hard, particularly when you want to call yourself an officer and lawyer." Ruddock responded by saying that the emails, written in March 2004, "must be seen as historic rather than current."^[55] In October 2005, the US government announced that if Hicks was convicted, his pre-trial detention would not count as time served against his sentence.^[56] is the 10th day of the year in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Wikimedia Commons has media related to: Amnesty international Amnesty International (commonly known as Amnesty or AI) is an international non-governmental organization which defines its mission as to undertake research and action focused on preventing and ending grave abuses of the rights to physical and mental integrity, freedom of conscience... Philip Maxwell Ruddock (born March 12, 1943), is the Attorney-General in the Coalition Government of Australian Prime Minister John Howard. ... The Geneva Conventions consist of treaties formulated in Geneva, Switzerland that set the standards for international law for humanitarian concerns. ...

On 15 November 2005 District Judge Colleen Kollar-Kotelly stayed the proceeding against Hicks until the US Supreme Court had ruled on Hamdan's appeal over their constitutionality.^[57]^[58]^[59]^[60]^[61] is the 319th day of the year (320th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Flag Seal Nickname: DC, The District Motto: Justitia Omnibus (Justice for All) Location Location of Washington, D.C., with regard to the surrounding states of Maryland and Virginia. ... Colleen Kollar-Kotelly (born 1943 in New York) is a judge for the United States District Court for the District of Columbia and the presiding judge of the Foreign Intelligence Surveillance Court (FISC). ...

2006 was also fraught with delays. On 29 June 2006, in the case Hamdan v. Rumsfeld, the United States Supreme Court ruled that the military tribunals were illegal under United States law and the Geneva Conventions. On 7 July 2006 a memo was issued from The Pentagon directing that all military detainees are entitled to humane treatment and to certain basic legal standards, as required by Common Article 3 of the Geneva Conventions.^[62] On 15 August 2006 Attorney-General, Philip Ruddock announced that he would seek to return Hicks to Australia if the United States did not proceed quickly to lay substantive new charges.^[63] On 6 December 2006 Hicks's legal team lodged documents with the Federal Court of Australia, arguing that the Australian government had breached its protective duty to Hicks as an Australian citizen in custody overseas, and failed to request that Hicks's incarceration by the US comply with the Geneva Convention, the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.^[64]^[65]^[66]^[67] is the 180th day of the year (181st in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... For the case involving a United States citizen, see Hamdi v. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Original document. ... is the 188th day of the year (189th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... This article is about the day of the year. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... In most common law jurisdictions, the Attorney General or Attorney-General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ... Philip Maxwell Ruddock (born March 12, 1943), is the Attorney-General in the Coalition Government of Australian Prime Minister John Howard. ... is the 340th day of the year (341st in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street The Federal Court of Australia is the Australian court in which most civil disputes... The Geneva Conventions consist of treaties formulated in Geneva, Switzerland that set the standards for international law for humanitarian concerns. ... Parties to the ICCPR: members in green, non-members in grey The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966 and entered into force on 23 March 1976. ... The Universal Declaration of Human Rights (abbreviated UDHR) is an advisory declaration adopted by the United Nations General Assembly (A/RES/217, 10 December 1948 at Palais de Chaillot, Paris). ...

On 9 March 2007, his lawyer said that David Hicks was expected to bring a case seeking to force the Australian Federal Government to ask the US government to free him.^[68] On 26 March 2007 Leigh Sales suggested, "The Hicks defence strategy relies on delaying the process for so long that the Australian Government will be forced to ask for the prisoner’s return."^[69] is the 68th day of the year (69th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... March 26 is the 85th day of the year (86th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... Leigh Sales is a journalist who works for the ABC, currently as National Security Correspondent based in Sydney, Australia. ...

As years passed, the legitimacy, integrity and fairness of trialling Hicks before a US military commission was increasingly questioned.^[32]^[70]^[71]^[72]^[73]^[74]

British citizenship bid

In September 2005, it was realised that Hicks may be eligible for British citizenship through his mother, as a consequence of the Nationality, Immigration and Asylum Act 2002.^[75] Hicks's British heritage was revealed during a casual conversation with his lawyer, about the 2005 Ashes cricket series. The British government had previously negotiated the release of the nine British nationals incarcerated at Guantanamo Bay, so it was considered possible that these releases could be extended to Hicks if his application was successful.^[76] Image File history File links WikiNews-Logo. ... Wikinews is a free-content news source and a project of the Wikimedia Foundation. ... British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. ... ...

Hicks applied for citizenship, but there were six months of delays. In November 2005, the British Home Office rejected Hicks's application for British citizenship on character grounds, but his lawyers appealed the decision. On 13 December 2005 Lord Justice Lawrence Collins of the High Court ruled that then-Home Secretary Charles Clarke had "no power in law" to deprive Mr Hicks of British citizenship "and so he must be registered". The Home Office announced it would take the matter to the Court of Appeal, but Justice Collins denied them a stay of judgement, meaning that the British government must proceed with the application.^[77] On 17 March 2006 the Home Office alleged during its appeal case that Hicks had admitted in 2003 to the Security Service (British intelligence agency MI5) that he had undergone extensive terrorist training in Afghanistan.^[78] On 12 April 2006 the Court of Appeal upheld the High Court's decision that Hicks was entitled to British citizenship. The Home Office declared it would appeal the matter again, its last option being to submit an appeal to Britain's highest court, the House of Lords, no later than 25 April.^[79] On 5 May, however, the Court of Appeal declared that no further appeals would be allowed, and that the Home Office must grant Hicks British citizenship.^[80] Hicks's legal team claimed in the High Court on 14 June 2006 that the process of Mr Hicks's registration as a British citizen had been delayed and obstructed by the United States, which had not allowed British consular access to Hicks in order to conduct the oath of allegiance to the Queen and the United Kingdom.^[81] His military lawyer has the authority to administer oaths and offered to conduct the oath if the American government permitted it.^[82] The modern concept of Small Office and Home Office or SoHo , or Small or Home Office deals with the category of business which can be from 1 to 10 workers. ... is the 347th day of the year (348th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Sir Lawrence Antony Collins (born 7 May 1941), styled Mr Justice Lawrence Collins (High Court Judge, Chancery Division), formerly a partner of the law firm Herbert Smith, was one of the first two solicitors to be appointed Queens Counsel (on 27 March 1997), and was the first solicitor to... Her Majestys High Court of Justice (usually known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of Judicature of England and Wales (which under the Constitutional Reform Act 2005, is to be known as the... The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office and is responsible for internal affairs in England and Wales, and for immigration and citizenship for the whole United Kingdom (including Scotland and Northern Ireland). ... The Rt Hon. ... Her Majestys Court of Appeal is the second most senior court in the English legal system, with only the Judicial Committee of the House of Lords above it. ... is the 76th day of the year (77th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... MI-5 redirects here. ... is the 102nd day of the year (103rd in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... This article is about the British House of Lords. ... is the 115th day of the year (116th in leap years) in the Gregorian calendar. ... is the 125th day of the year (126th in leap years) in the Gregorian calendar. ... is the 165th day of the year (166th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Elizabeth II (Elizabeth Alexandra Mary Windsor; born 21 April 1926) is Queen of sixteen sovereign states, holding each crown and title equally. ...

On 27 June, with Hicks's British citizenship confirmed, the British Foreign and Commonwealth Office announced that it would not seek to lobby for his release as it had with the other British detainees. The reason given was that Hicks was an Australian citizen when he was captured and detained, and that he had received Australian consular assistance.^[83] On 5 July 2006 Hicks was registered as a British citizen, albeit only for a few hours—Home Secretary John Reid intervened to revoke Hicks's new citizenship almost as soon as it had been granted, citing section 56 of the Immigration, Asylum and Nationality Act 2006 allowing the Home Secretary to "deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good."^[84]. Hicks's legal team called the decision an "abuse of power", and announced they would lodge an appeal with the UK Special Immigration Appeals Commission and the High Court. is the 178th day of the year (179th in leap years) in the Gregorian calendar. ... The Foreign and Commonwealth Office, Whitehall, seen from St. ... is the 186th day of the year (187th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office and is responsible for internal affairs in England and Wales, and for immigration and citizenship for the whole United Kingdom (including Scotland and Northern Ireland). ... John Reid (born 8 May 1947) is a British politician who is Home Secretary and Member of Parliament for the Scottish constituency of Airdrie and Shotts. ... The Immigration, Asylum and Nationality Act 2006 is a United Kingdom Act of Parliament made law on 30 March 2006. ... The Special Immigration Appeals Commission (also known by the acronym SIAC) is a superior court of record in the United Kingdom that deals with appeals from persons deported by the Secretary of State for the Home Department under various statutory powers. ...

Seizure of Hicks's legal papers

Following the suicide of three detainees, camp authorities seized prisoners' papers. Described as a security measure, it was claimed that instructions for tying a hangman's noose had been found written on stationery issued to the lawyers who met with detainees to discuss their habeas corpus requests. The Department of Justice acknowledged in court that "privileged attorney-client communications" had been seized. Hicks's lawyer questioned whether Hicks could have been part of a suicide plot, since he had spent the preceding four months in solitary confinement in a different part of the camp, and expressed concern that attorney-client confidentiality, "the last legal right that was being respected", had been violated.^[85]^[86]^[87] For other uses, see Habeas corpus (disambiguation). ... Robert F. Kennedy Department of Justice Building, Washington, D.C. For animal rights group, see Justice Department (JD) The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States according to the...

New charges

On 3 February 2007 the U.S. military commission announced that it had prepared new charges against David Hicks. The drafted charges were "attempted murder" and "providing material support for terrorism", under the Military Commissions Act of 2006.^[88]^[89] Each offence carries a maximum penalty of life imprisonment.^[90] The prosecutors said they would argue for a jail term of 20 years, with an absolute minimum of 15 years to be served.^[91] However the sentence, which was not required to take into account time already served, was ultimately up to a jury of US military officers.^[92] The Convening Authority assessed whether there was enough evidence for charges to be laid and Hicks trialled.^[93] The charge of providing material support for terrorism was based on retrospectively applying the law passed in 2006.^[89]^[94] is the 34th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... President George W. Bush signs into law S. 3930, the Military Commissions Act of 2006, during a ceremony on October 17, 2006 in the East Room of the White House. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ...

On 16 February 2007 a 9-page charge sheet detailing the new charges was officially released by the U.S Defense Dept.^[95] is the 47th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ...

On 1 March 2007, David Hicks was formally charged with material support for terrorism, and referred to trial by the special military commission. The second charge of attempted murder was dismissed by Judge Susan Crawford, who concluded there was "no probable cause" to justify the charge.^[96] is the 255th day of the year (256th in leap years) in the Gregorian calendar. ... This article is about the year. ... The World Trade Center on fire The September 11, 2001 attacks were a series of coordinated terrorist attacks against the United States on September 11, 2001. ... is the 313th day of the year (314th in leap years) in the Gregorian calendar. ... This article is about the year. ... is the 60th day of the year (61st in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ...

In March 2007, the prospect of further delay loomed when Mori was allegedly threatened with a US military discipline offence by the Chief U.S. military prosecutor, Colonel Morris Davis, but no charges were filed against Mori.^[97]

Many leaders and legal commentators in both countries criticised the prosecution as the application of ex post facto law and deemed the 5-year process to be a violation of Hicks's basic rights.^[98]^[22]^[99]^[100]^[101]^[102]^[103] The United States countered that the charges relating to Hicks were not retrospective but that the Military Commissions Act had codified offences that had been traditionally tried by military commissions and did not establish any new crimes.^[31] An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ...

Hick's defence lawyer and many international judiciary members claimed that it would have been impossible for a conviction to be found against Hicks.^[104] ^[105]^[106]

The Indian government launched an investigation into the alleged attacks by Hicks on their armed forces in Kashmir, during 2000.^[22] Kashmir (or Cashmere) may refer to: Kashmir region, the northwestern region of the Indian subcontinent India, Kashmir conflict, the territorial dispute between India, Pakistan, and the China over the Kashmir region. ...

Pre-trial agreement and sentence

On 26 March 2007, following negotiations with Hicks's defense lawyers, the convening authority Judge Susan Crawford directly approved the terms of a pre-trial agreement.^[107] The agreement stipulated that Hicks enter a guilty plea to a single charge of providing material support for terrorism in return for a guarantee of a much shorter sentence than had been previously sought by the prosecution. The agreement also stipulated that the 5 years already spent by Hicks at Guantanamo Bay could not be subtracted from any sentence handed down, that Hicks must not speak to the media for one year nor take legal action against the United States, and that Hicks withdraw allegations that the U.S. military abused him. Accordingly, in the first ever conviction by the Guantanamo military tribunal and the first conviction in a U.S. war crimes trial since World War II, on 31 March, the tribunal handed down a seven year jail sentence for the charge, suspending all but 9 months.^[108]^[109]^[110]^[111]^[112] Image File history File links WikiNews-Logo. ... Wikinews is a free-content news source and a project of the Wikimedia Foundation. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki TÅjÅ Casualties Military dead: 17,000,000 Civilian dead: 33,000... is the 90th day of the year (91st in leap years) in the Gregorian calendar. ...

Australian and US critics speculated that the one-year media ban was a condition requested by the Australian government and granted as a political favour. Senator Bob Brown of the Australian Greens said, "America's guarantee of free speech under its constitution would have rendered such a gag illegal in the U.S.".^[113] The Australian government denied that the media ban had anything to do with itself or the nearing 2007 Australian federal election,^[114]^[115] with Australian Prime Minister John Howard saying "We did not impose the sentence, the sentence was imposed by the military commission and the plea bargain was worked out between the military prosecution and Mr Hicks's lawyers, and the suggestion … that it's got something to do with the Australian election is absurd." Brigadier-General Thomas Hemingway, the legal adviser to the military tribunal convening authority, has since claimed the gag order as his idea.^[116] Federal Attorney-General Philip Ruddock stated that Australian law would not prohibit Hicks from speaking to media, although Hicks would be prevented from selling his story.^[117] For other uses, see Bob Brown (disambiguation). ... The Australian Greens, commonly known as The Greens, is a Green Australian political party. ... The Commonwealth of Australia is a federative constitutional monarchy under a parliamentary democracy. ... The 2007 election for the federal Parliament of Australia, in which 13. ...

The Law Council of Australia reported that the trial was "a contrived affair played out for the benefit of the media and the public", "designed to lay a veneer of due process over a political and pragmatic bargain", serving to corrode the rule of law. They referred to government support for the military tribunal process as shameful.^[118] The Law Council of Australia is an association of law societies and bar associations from the States and territories of Australia, and the peak body representing the legal profession in Australia. ...

The length of the sentence caused an "outcry" in the United States and against Defense Department lawyer Susan Crawford, who allegedly bypassed the prosecution in order to meet an agreement with the defense made before the trial. Chief prosecutor Colonel Davis was unaware of the plea deal and surprised at the nine-month sentence, telling The Washington Post "I wasn't considering anything that didn't have two digits," meaning a sentence of at least 10 years.^[119] The Washington Post is the largest newspaper in Washington, D.C.. It is also one of the citys oldest papers, having been founded in 1877. ...

Ben Wizner of the American Civil Liberties Union described the case as "an unwitting symbol of our shameful abandonment of the rule of law".^[120] The American Civil Liberties Union (ACLU) is an American organization consisting of two separate entities: the ACLU Foundation, a non-profit organization that focuses on litigation and communication efforts, and the American Civil Liberties Union which focuses on legislative lobbying and does not have non-profit status. ...

Political manipulation claims

The Pentagon's chief prosecutor, Colonel Morris Davis, resigned from the US defence force on 5 October 2007 citing dissatisfaction with the Guantanamo military commission process, saying it had become highly politicised.^[121] Davis said he felt "pressured to do something less than full, fair and open"^[122] and that "as things stand right now, I think it's a disgrace to call it a military commission - it's a political commission".^[123] This article is about the United States military building. ... The prosecutor is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system. ... Morris Davis is a United States military officer and lawyer, appointed to serve as the chief prosecutor in the guantanamo military commissions. ... For other uses, see 5th October (Serbia). ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ...

Colonel Davis said that a reasonable person could conclude that the Hicks trial was rigged, and rushed to suit the political benefit of Prime Minister John Howard. "Certainly there appeared to be some impetus to try to help Howard out", said Davis.^[7] John Winston Howard (born 26 July 1939) is an Australian politician and the 25th Prime Minister of Australia. ...

An anonymous U.S. military officer told USA Today that a high-level political agreement had occurred in the Hicks case. The officer said that "one of our staffers was present when Vice-President Cheney interfered directly to get Hicks's plea bargain deal. He did it apparently, as part of a deal cut with Howard". Australian Prime Minister John Howard denied any involvement in Hicks's plea bargain.^[111]^[112] USA Today is a national American daily newspaper published by the Gannett Company. ...

Repatriation and release

On 20 May 2007 Hicks arrived at RAAF Base Edinburgh in Adelaide, South Australia on a chartered flight reported to have cost the Australian government over $ 500,000. Attorney-General Philip Ruddock asserted that this arrangement was the consequence of US restrictions on the transit of Hicks through US airspace or territory preventing the use of less expensive commercial flights.^[31]^[124] Hicks was taken to Adelaide's Yatala Labour Prison where he was kept in solitary confinement in the state's highest-security ward, G Division.^[125] Image File history File links WikiNews-Logo. ... Wikinews is a free-content news source and a project of the Wikimedia Foundation. ... is the 140th day of the year (141st in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... RAAF Base Edinburgh is a Royal Australian Airforce base in the northern suburbs of Adelaide, South Australia. ... For other uses, see Adelaide (disambiguation). ... For the song, see South Australia (song). ... Au. ... Rear of the prison complex Yatala Labour Prison is a low to high security Australian mens prison in the northern suburbs of Adelaide, South Australia. ... Solitary confinement, colloquially referred to as the hole (or in British English the block), is a punishment in which a prisoner is denied contact with any other persons, excluding guards, chaplains and doctors. ...

Hicks was released on 29 December 2007 and placed under a control order obtained by the Australian federal police earlier that month. The order required Hicks to not leave Australia, to report to a police station three times a week, and to use only an AFP-approved mobile phone SIM card.^[126] On February 19, 2008 he was given special dispensation by federal magistrate Warren Donald to leave South Australia. On 20 February 2008, Hicks moved to Abbotsford, New South Wales. A curfew between 1:00am and 5:00am was imposed.^[127] is the 363rd day of the year (364th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... A control order is an order made by the Home Secretary of the United Kingdom to restrict an individuals liberty for the purpose of protecting members of the public from a risk of terrorism. Its definition and power were provided by Parliament in the Prevention of Terrorism Act 2005. ... [[Media:Italic text]]{| style=float:right; |- | |- | |} is the 50th day of the year in the Gregorian calendar. ... 2008 (MMVIII) is the current year, a leap year that started on Tuesday of the Anno Domini (or common era), in accordance to the Gregorian calendar. ... Abbotsford is a suburb of Sydney, Australia. ...

See also

Wikisource has original text related to this article: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism Wikisource has original text related to this article: Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007 This is the trailer where the Combatant Status... Military commissions are among procedures planned by the U.S. Bush administration to deal with detainees it links to al-Qaeda. ... For other persons named John Walker, see John Walker (disambiguation). ... The following is a list of notable converts to Islam. ... Islamist terrorism, sometimes called Islamic terrorism, is terrorism that is carried out to further the political and religious ambitions of a segment of the Muslim community. ...

References

^ Leigh Sales. "Political dilemma over Guantanamo", Sydney Morning Herald, Fairfax Ltd, 2008-01-10.
^ Tom Allard. "Prisoner of political fortune set free", Sydney Morning Herald, Fairfax Ltd, 2007-12-28.
^ CSRT Ruling on status pdf file
^ ^a ^b Penelope Debelle. "US officer's claim sparks new call for Hicks torture inquiry", The Age, Fairfax Ltd, 2007-02-08.
^ "Hicks 'tortured' in jail", The Australian, News Ltd, 2006-06-13.
^ Angus Martyn (2005/02/14). "Research Note 33 2004–05 : Progress of the United States Military Commission trial of David Hicks". Parliament of Australia Library.
^ ^a ^b Elliott, Geoff. "Hicks case 'pushed to suit Howard'", The Australian, 2008-02-25. Retrieved on 2008-02-25.
^ Penelope Debelle. "Hicks family enjoys phone chat as US prison lifts gag", The Sydney Morning Herald, Fairfax, 2003-12-17. ; Miranda Devine. "Hicks: from failed martyr to cult figure", The Sydney Morning Herald, Fairfax, 2006-08-17. ; "The 'Australian Taleban'", BBC News, British Broadcasting Corporation, 2005-12-13.
^ ^a ^b ^c ^d The journey of David Hicks AAP 28 Dec 2007
^ ^a ^b ^c "Transcript: The Australian Taliban", Sunday, Nine Network, 2002-03-03.
^ ^a ^b ^c ^d "The 'Australian Taleban'", BBC News, British Broadcasting Corporation, 2005-12-13.
^ ^a ^b ^c ^d ^e Debbie Whitmont. "The Case of David Hicks", 4 Corners, Australian Broadcasting Corporation, 2005-10-31.
^ The President Versus David Hicks. At The Movies. Australian Broadcasting Corporation (2004-08-05).
^ Ian Munro & Penny Debelle. "Bring Hicks home", The Age, Fairfax, 2006-12-02.
^ Paul Wiseman. "Father: Hicks focuses on his future", USA Today, 2007-09-10. Retrieved on 2007-09-11. ; Roy Eccleston. "David Hicks inside & out", The Bulletin, 2007-08-17. Retrieved on 2007-09-19.
^ Penelope Debelle. "Hicks no longer a Muslim: ex-detainee", The Age, Fairfax, 2006-06-24.
^ Hicks drops Islamic faith
^ ^a ^b David Hicks: The story so far. Amnesty International Australia.
^ Geoff Thompson. "Is Lashkar-e-Toiba still operating in Pakistan?", PM, Australian Broadcasting Corporation, 2004-05-13.
^ ^a ^b ^c ^d ^e AAP. "The US charges David Hicks", The Sydney Morning Herald, Fairfax, 2004-06-11.
^ ^a ^b ^c ^d AYan was hereMilitary Commissions Charges 2004
^ ^a ^b ^c Chris Merritt & Bruce Loudon. "Hicks facing Indian probe over Kashmir shooting", The Australian, News Ltd, 2007-02-10. Retrieved on 2008-02-06.
^ Jamie Walker & Jeremy Roberts. "Diary reveals Hicks terror training", The Australian, News Ltd, 2008-02-20.
^ ^a ^b ^c In David Hick's own words The Australian Dec 21 2007
^ ^a ^b Rory Callinan (2007-02-22). David Hicks Under Fire. TIME. Retrieved on 2007-09-23.
^ The case against David Hicks The Age 11 January 2007
^ Helen Thomas. "David Hicks: Human Rights on Trial", Background Briefing, ABC Radio National, 2003/07/13.
^ McCoy, Alfred W.: Outcast of Camp Echo: The Punishment of David Hicks, The Monthly, retrieved 15 December 2006
^ SBS Dateline transcript, SBS Dateline transcriptSpecial Broadcasting Service
^ Peta McDonald (2007-01-18). Details of when Hicks will be charged still unknown. AM Radio. Australian Broadcasting Corporation. Retrieved on 2007-10-01.
^ ^a ^b ^c ^d Frequently asked questions - David Hicks. Australian Government Attorney-General's Department (2007-05-31).
^ ^a ^b The David Hicks affidavit. The Sydney Morning Herald. Fairfax Digital (2004-12-10).
^ 'New evidence' backs Hicks's torture claim, Australian Broadcasting Corporation, 2005-10-31
^ Joshua Pantesco. "Hicks in poor health at Guantanamo after five months solitary", The Jurist, 2006-06-23.
^ Jonathan Pearlman. "Hicks's window on the world", Sydney Morning Herald, Fairfax, 2006-11-28.
^ AAP. "Hicks in 'nightmarish' isolation", Sydney Morning Herald, Fairfax, 2007-01-27. Retrieved on 2007-01-27.
^ "Hicks getting worse: lawyer", ABC News, Australian Broadcasting Corporation, 2006-08-23. Retrieved on 2007-11-11.
^ "Hicks refused visit for fear of punishment: lawyer", Australian Broadcasting Corporation, 2006-11-02.
^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
^ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. United States Department of Defense (March 6, 2007). Retrieved on 2007-09-22.
^ OARDEC (7 September 2004). Summary of Evidence for Combatant Status Review Tribunal - Hicks, David Matthew pages 1-2. United States Department of Defense. Retrieved on 2008-01-19.
^ http://web.amnesty.org/library/Index/ENGAMR511892006 Amnesty International reports on mistreatment at Guantanamo Bay
^ http://www.guardian.co.uk/guantanamo/story/0,,1981955,00.html The Guardian - FBI files detail Guantanamo torture tactics
^ ^a ^b Jane Holroyd. "The case against David Hicks", The Age, Fairfax, 2007-01-11. Retrieved on 2008-02-06.
^ Tom Miletic. "Hicks not a threat: chaplain", ABC Online, Australian Broadcasting Corporation, 2007-12-31.
^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, 2006-03-10, pp. pg 1. Retrieved on 2007-10-10.
^ OARDEC (2007-08-09). Index to Summaries of Detention-Release Factors for ARB Round One. United States Department of Defense. Retrieved on 2007-09-29.
^ OARDEC (2007-07-17). Index of Summaries of Detention-Release Factors for ARB Round Two. United States Department of Defense. Retrieved on 2007-09-29.
^ "Labor casts doubt on Hicks's 2007 return", Australian Broadcasting Corporation, 2007-02-18.
^ The charges against David Hicks, The Age, 14 June 2004
^ United States of America v. David Matthew Hicks: Prosecution response to Defense motion to dismiss for lack of jurisdiction (.pdf), 2004-10-18
^ Hicks defence 'not ready', 2005-07-19
^ Leaked emails claim Guantanamo trials rigged, Australian Broadcasting Corporation, 2005-08-01
^ Ruddock brushes aside criticism of Guantanamo courts, Australian Broadcasting Corporation, 2005-08-02
^ Hicks's time in custody ignored by Pentagon, The Age, 2005-10-21; Forget peacetime niceties - this is a war, The Age, August 3, 2005; Lawyer tips more delays for Hicks, ABC, 12 August 2005; With Canberra’s loyal support: US to resume Guantánamo trial of David Hicks, World Socialist Web Site, September 30, 2005
^ David M. Hicks v. George W. Bush (.pdf), civil action 02-299, memorandum opinion 2005-11-14
^ Charge Sheets PDF
^ United States Department of Defense (2006-01-25). Hicks: Commission Transcripts, Exhibits, and Allied Papers. Retrieved on 2008-02-09.
^ Presiding Officer Orders
^ Commission Scheduling
^ US detainees to get Geneva rights, BBC News, 2006-07-11
^ Hicks could be home by Christmas, Sydney Morning Herald, 2006-08-15
^ Debelle, Penelope and Brendan Nicholson: Hicks turns up heat on PM, The Age 6 December 2006.
^ Following US Supreme Court ruling: Australian government demands new "kangaroo court" for David Hicks, World Socialist Web Site, July 7, 2006
^ David Hicks and the US Military Commissions Process: Next Steps, JURIST, October 11, 2006
^ Australian lawyers launch court bid to secure David Hicks’s release from Guantánamo, World Socialist Web Site, December 15, 2006
^ Jacobsen, Geesche. "Green light for Hicks to sue", The Sydney Morning Herald, 2007-03-08.
^ Leigh Sales, US, Aust govts keep keen eye on Hicks trial, Australian Broadcasting Corporation 26 March 2007.
^ Fair Trial for Hicks Impossible. Law Council of Australia (2004-09-15).
^ AAP. "PM faces internal pressure over Hicks trial", The Sydney Morning Herald, Fairfax, 2005-08-03.
^ Devika Hovell (2005-11-11). Justice at Guantanamo? The Paradox of David Hicks. JURIST.
^ Military QC slams Hicks trial process. The Australian. News Ltd (2005-08-02).
^ Richard Kerbaj (2006-06-03). Judges seek fair trial for Hicks. The Australian. News Ltd.
^ Nationality, Immigration and Asylum Act 2002.
^ "How Ashes triumph could save the 'last Brit' in Guantanamo", The Guardian, 2005-09-25.
^ Guantanamo detainee to get British citizenship The Times, 2005-12-13
^ MI5 spies deal blow to terror suspect Hicks, The Age, 2006-03-18
^ Britain's Court of Appeal backs Hicks in fight for citizenship, Sydney Morning Herald, 2006-04-13
^ Britain loses appeal, must act on Hicks, The Age, 2006-05-07
^ US denies Britain consular access to Hicks, ABC News (Australia), 15 June 2006
^ I'll make Hicks a UK citizen: lawyer, The Age, 19 June 2006
^ "Britain dashes Hicks's hopes", The Age, 2006-06-27.
^ "Law strips Hicks of UK citizenship in hours", The Sydney Morning Herald, 2006-08-20.
^ Hicks legal papers among those seized by US in Guantanamo suicides probes. The Jurist (2006-08-21).
^ Brett Murphy (2006-07-09). DOJ tells court legal notes may have aided Guantanamo suicide plot.
^ "Hicks's legal papers seized", Sydney Morning Herald, 2006-08-21.
^ Joint Media Release - Minister for Foreign Affairs and Attorney General: David Hicks: charges outlined. Australian Department of Foreign Affairs and Trade and Australian Government Attorney-General's Department (2007-02-03). Retrieved on 2007-02-05.
^ ^a ^b AAP. "Retrospective law all right for Hicks: Howard", The Sydney Morning Herald, 2007-02-05. Retrieved on 2007-02-05.
^ Holroyd, Jane. "Fresh Hicks charges drafted", The Age, 2007-02-03. Retrieved on 2008-02-09.
^ Maley, Paul. "US seeks 20 years' jail for Hicks", Canberra Times, 2007-02-07. Retrieved on 2007-02-15.
^ Allard, Tom. "Hicks may not get sentence cut for time served", The Sydney Morning Herald, 2007-02-01. Retrieved on 2007-02-15.
^ "US presents fresh Hicks charges", news.com.au, 2007-02-04.
^ "Govt challenged over Hicks 'retrospective' charge", ABC Online, Australian Broadcasting Corporation, 2007-02-04. Retrieved on 2007-02-04.
^ Charge sheet: Allegations against Hicks The Australian March 2, 2007
^ Holroyd, Jane. "Hicks charged with material support for terrorism", The Age, 2007-03-07.
^ "US military prosecutor denies Mori threat", Sydney Morning Herald, 2007-03-05.
^ Phillip Coorey and Cynthia Banham. "PM tells the party: I could free Hicks - but won't", Sydney Morning Herald, Fairfax, 2007-02-07. Retrieved on 2007-02-07.
^ Paul Mulvey. "Hicks trial soon, says Ruddock", Herald Sun, News Ltd, 2007-01-02.
^ "Try Hicks soon, Howard urges Bush", The Sydney Morning Herald, 2007-02-11.
^ Image:Hicks-howard.pdf
^ Malcolm Fraser, Human rights education is a human right, Human Rights Education Conference, Faculty of Education & The University of Melbourne Human Rights Forum University of Melbourne, 2007-02-16
^ "Charge flouts a basic human right", The Age, 2007-03-11.
^ "No court would have convicted David Hicks", News.com.au, News Ltd, 2005-12-13.
^ Hague Justice Portal: David Hicks case
^ Sales, Leigh. Detainee 002: the Case of David Hicks. Melbourne University Press (May 2007). Based on more than five years of reporting and dozens of interviews with insiders and looks at the intricacies of Hicks's case, from his capture in Afghanistan, to life in Guantanamo Bay, to the behind-the-scene establishment and workings of the military commissions.Detainee 002: the case of David Hicks, Richard Ackland, Sydney Morning Herald (18 May 2007)
^ "Hicks's pre-trial agreement (full transcript)", The Australian, News Ltd, 2007-04-02.
^ "Hicks shouldn't be a hero: PM", ABC Online, Australian Broadcasting Corporation, 2007-03-31. ; AAP and AFP. "Hicks sentenced to nine months", News.com.au, 2007-03-31. ; Geoff Elliott. "Hicks home 'in months'", The Australian, 2007-03-27. ; AAP. "Hicks pleads guilty to terrorism charge", The West Australian, 2007-03-27. ; "Mori in trouble, PM mad about Hicks", Nine National News, 2007-03-05.
^ Hicks plea made to 'escape hell'. News.com.au. News Ltd (2007-03-27).; Micheal Melia. "Australian Gitmo Detainee Gets 9 Months", Washington Post, March 30, 2007.
^ Scott Horton. "The Plea Bargain of David Hicks", Harper's Magazine, The Harper's Magazine Foundation, 2007-04-02. Retrieved on 2007-10-02.
^ ^a ^b Scott Horton. "At Gitmo, No Room for Justice", Harper's Magazine, The Harper's Magazine Foundation, 2007-10-22. Retrieved on 2007-11-11.
^ ^a ^b news.com.au correspondents in Los Angeles. "Cheney, Howard 'struck deal' on David Hicks", News Ltd, 2007-10-23. Retrieved on 2007-10-23.
^ "Mixed reactions to Hicks's sentence", Brisbane Times, Fairfax, 2007-04-02.
^ "We did not gag Hicks: PM", Sydney Morning Herald, Fairfax, 2007-04-02.
^ "Ruddock denies fixing Hicks plea", ABC Online News, Australian Broadcasting Corporation, 2007-04-02.
^ "Hicks gag my idea says US General", Sydney Morning Herald, Fairfax, 2007-04-05.
^ "Aust cannot enforce Hicks gag order: Ruddock (transcript)", ABC Local Radio, Australian Broadcasting Corporation, 2007-04-04.
^ "Trial of David Hicks 'a charade'", Asia Pacific, BBC News, 2007-25-07.
^ "Outcry over Hicks sentence 'fix'", The Age, Fairfax, 2007-04-02.
^ Ben Wizner. "The real crime in the David Hicks case", LA Times, 2007-04-05.
^ William Glaberson. "Claim of Pressure for Closed Guantánamo Trials", New York Times, 2007-10-20. Retrieved on 2007-10-26.
^ Josh White. "Ex-Prosecutor Alleges Pentagon Plays Politics", Washington Post, 2007-10-20. Retrieved on 2007-10-20.
^ Paul Maley. "Cheney 'struck Hicks deal' with PM", The Australian, 2007-10-24. Retrieved on 2007-10-26.
^ "Hicks's plane touches down in Adelaide", ABC News Online, 2007-05-20. ; Hicks sentenced to nine months. News.com.au. March 31, 2007; David Hicks’s trial, The Daily Telegraph, March 27, 2007; Hicks to Serve 9 Months in Terrorism Case, Breaking Legal News, 30 March 2007; Hick's father says plea deal proves case corruption, Breaking Legal News, 1 April 2007; Hicks could face Australian control order after release, Breaking Legal News, 1 April 2007; Regarding military tribunals and international law, May 26 2007; Guantánamo prisoner David Hicks incarcerated in high-security Australian jail, World Socialist Web Site, June 5, 2007
^ Jane Holroyd. "David Hicks freed from jail", Sydney Morning Herald, 2007-12-29. Retrieved on 2007-12-29.
^ Rory Callinan. "Aussie Taliban Goes Free", Time Magazine, 2007-12-29.
^ "David Hicks tastes a new life in Sydney", Sydney Morning Herald, Fairfax, 2008-03-02.

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Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 315th day of the year (316th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 306th day of the year (307th in leap years) in the Gregorian calendar. ... The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ... is the 315th day of the year (316th in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The Financial Times (FT) is a British international business newspaper. ... is the 345th day of the year (346th in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... 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Wikisource has original text related to this article: Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007 The Office for the Administrative Review of the Detention of Enemy Combatants is responsible for annually reviewing whether suspected terrorists detained by US forces. ... is the 250th day of the year (251st in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The United States Department of Defense (DOD or DoD) is the federal department charged with coordinating and supervising all agencies and functions of the government relating directly to national security and the military. ... 2008 (MMVIII) is the current year, a leap year that started on Tuesday of the Anno Domini (or common era), in accordance to the Gregorian calendar. ... is the 19th day of the year in the Gregorian calendar. ... 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Wikisource has original text related to this article: Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007 The Office for the Administrative Review of the Detention of Enemy Combatants is responsible for annually reviewing whether suspected terrorists detained by US forces. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 221st day of the year (222nd in leap years) in the Gregorian calendar. ... The United States Department of Defense (DOD or DoD) is the federal department charged with coordinating and supervising all agencies and functions of the government relating directly to national security and the military. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 272nd day of the year (273rd in leap years) in the Gregorian calendar. ... Wikisource has original text related to this article: Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007 The Office for the Administrative Review of the Detention of Enemy Combatants is responsible for annually reviewing whether suspected terrorists detained by US forces. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 198th day of the year (199th in leap years) in the Gregorian calendar. ... The United States Department of Defense (DOD or DoD) is the federal department charged with coordinating and supervising all agencies and functions of the government relating directly to national security and the military. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 272nd day of the year (273rd in leap years) in the Gregorian calendar. ... 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Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 214th day of the year (215th in leap years) in the Gregorian calendar. ... This article does not cite any references or sources. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 294th day of the year (295th in leap years) in the Gregorian calendar. ... This article does not cite any references or sources. ... is the 215th day of the year (216th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... The Australian Broadcasting Corporation or ABC is Australias national non-profit public broadcaster. ... It has been suggested that Orthodox Trotskyism be merged into this article or section. ... is the 273rd day of the year (274th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 318th day of the year (319th in leap years) in the Gregorian calendar. ... The United States Department of Defense (DOD or DoD) is the federal department charged with coordinating and supervising all agencies and functions of the government relating directly to national security and the military. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 25th day of the year in the Gregorian calendar. ... 2008 (MMVIII) is the current year, a leap year that started on Tuesday of the Anno Domini (or common era), in accordance to the Gregorian calendar. ... is the 40th day of the year in the Gregorian calendar. ... This article refers to the news department of the British Broadcasting Corporation, for the BBC News Channel see BBC News (TV channel). ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 192nd day of the year (193rd in leap years) in the Gregorian calendar. ... ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... This article is about the day of the year. ... This article does not cite any references or sources. ... is the 340th day of the year (341st in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... The World Socialist Web Site is the online news and information center of the International Committee of the Fourth International (ICFI). ... is the 188th day of the year (189th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... is the 284th day of the year (285th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... The World Socialist Web Site is the online news and information center of the International Committee of the Fourth International (ICFI). ... is the 349th day of the year (350th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 67th day of the year (68th in leap years) in the Gregorian calendar. ... Leigh Sales is a journalist who works for the ABC, currently as National Security Correspondent based in Sydney, Australia. ... The Australian Broadcasting Corporation or ABC is Australias national non-profit public broadcaster. ... March 26 is the 85th day of the year (86th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... is the 258th day of the year (259th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 215th day of the year (216th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 315th day of the year (316th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 214th day of the year (215th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 154th day of the year (155th in leap years) in the Gregorian calendar. ... For other uses, see Guardian. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 268th day of the year (269th in leap years) in the Gregorian calendar. ... The Times is a national newspaper published daily in the United Kingdom (and the Kingdom of Great Britain before the United Kingdom existed) since 1788 when it was known as The Daily Universal Register. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 347th day of the year (348th in leap years) in the Gregorian calendar. ... This article does not cite any references or sources. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 77th day of the year (78th in leap years) in the Gregorian calendar. ... ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 103rd day of the year (104th in leap years) in the Gregorian calendar. ... This article does not cite any references or sources. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 127th day of the year (128th in leap years) in the Gregorian calendar. ... The Australian Broadcasting Corporation or ABC is Australias national non-profit public broadcaster. ... is the 166th day of the year (167th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... This article does not cite any references or sources. ... is the 170th day of the year (171st in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 178th day of the year (179th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 232nd day of the year (233rd in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 233rd day of the year (234th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 190th day of the year (191st in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 233rd day of the year (234th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 34th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 36th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 36th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 36th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 34th day of the year in the Gregorian calendar. ... 2008 (MMVIII) is the current year, a leap year that started on Tuesday of the Anno Domini (or common era), in accordance to the Gregorian calendar. ... is the 40th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 38th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 46th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 32nd day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 46th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 35th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 35th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 35th day of the year in the Gregorian calendar. ... The Australian is a national daily broadsheet newspaper published by Rupert Murdochs News Corporation. ... is the 61st day of the year (62nd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 66th day of the year (67th in leap years) in the Gregorian calendar. ... ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... This article is about the day. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 38th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 38th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 2nd day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 42nd day of the year in the Gregorian calendar. ... Image File history File links Hicks-howard. ... This article does not cite any references or sources. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 70th day of the year (71st in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 347th day of the year (348th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 92nd day of the year (93rd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 90th day of the year (91st in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 90th day of the year (91st in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 86th day of the year (87th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 86th day of the year (87th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... This article is about the day. ... News. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 86th day of the year (87th in leap years) in the Gregorian calendar. ... Harpers redirects here. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 92nd day of the year (93rd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 275th day of the year (276th in leap years) in the Gregorian calendar. ... Harpers redirects here. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 295th day of the year (296th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 315th day of the year (316th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 296th day of the year (297th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 296th day of the year (297th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 92nd day of the year (93rd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 92nd day of the year (93rd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 92nd day of the year (93rd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 95th day of the year (96th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 94th day of the year (95th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 92nd day of the year (93rd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 95th day of the year (96th in leap years) in the Gregorian calendar. ... The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 293rd day of the year (294th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 299th day of the year (300th in leap years) in the Gregorian calendar. ... Joshua Daniel White (February 11, 1914â€“-September 5, 1969),[1] best known as Josh White, was a legendary American singer, guitarist, songwriter, actor, and civil rights activist. ... ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 293rd day of the year (294th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 293rd day of the year (294th in leap years) in the Gregorian calendar. ... The Australian is a national daily broadsheet newspaper published by Rupert Murdochs News Corporation. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 297th day of the year (298th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 299th day of the year (300th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 140th day of the year (141st in leap years) in the Gregorian calendar. ... is the 86th day of the year (87th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 146th day of the year (147th in leap years) in the Gregorian calendar. ... The World Socialist Web Site is the online news and information center of the International Committee of the Fourth International (ICFI). ... is the 156th day of the year (157th in leap years) in the Gregorian calendar. ... ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 363rd day of the year (364th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 363rd day of the year (364th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 363rd day of the year (364th in leap years) in the Gregorian calendar. ... 2008 (MMVIII) is the current year, a leap year that started on Tuesday of the Anno Domini (or common era), in accordance to the Gregorian calendar. ... is the 61st day of the year (62nd in leap years) in the Gregorian calendar. ...

Contents

Early life

Religious and militant activities

Lashkar-e-Toiba

Afghanistan

Capture and detention

Torture allegations

OARDEC administrative procedures

Combatant Status Review Tribunal

Initial charges

Administrative Review Board hearing

Trial delays

Defence team

Delays in legal proceedings

British citizenship bid

Seizure of Hicks's legal papers

New charges

Pre-trial agreement and sentence

Political manipulation claims

Repatriation and release

See also

References

External links

Media

Contents

Early life GA_googleFillSlot("encyclopedia_square");

Religious and militant activities

Lashkar-e-Toiba

Afghanistan

Capture and detention

Torture allegations

OARDEC administrative procedures

Combatant Status Review Tribunal

Initial charges

Administrative Review Board hearing

Trial delays

Defence team

Delays in legal proceedings

British citizenship bid

Seizure of Hicks's legal papers

New charges

Pre-trial agreement and sentence

Political manipulation claims

Repatriation and release

See also

References

External links

Media

Early life