Wednesday, December 14, 2005
Hicks (understandably) abandons Australia
That Hicks had a British mother – and was hence eligible for UK citizenship - was discovered in a chance conversation with his lawyer. This set in motion his application for citizenship, which should theoretically secure his release. The UK government demanded of the US that non of its citizens should be face a military tribunal and sought and gained their release into UK custody. So far, all have been successfully released.
Hicks’s application was initially refused by the British government, but a contrary High Court decision will force the government to grant it. Arrangements must now be made for Hicks to recite the citizenship oath from within his Guantanamo prison cell, so further administrative wrangling is likely to continue for a while yet.
The decision by the UK High Court should embarrass the Australian government, which simply washed its hands of one of its own citizens, even when the death penalty for Guantanamo detainees had not been rules out. Howard and Downer have been callous and disregarding of the rule of law and of natural justice. Not surprisingly, both maintain they remain neutral in the affair; in private, I suspect they are livid.
Now David Hicks may or may not be an international terrorist; that is beside the point. He may or may not be a clear and present danger on his release. That too, is beside the point. But the evidence presented by his tireless father paints a much less threatening picture of a man – misguided or disillusioned perhaps – but one who was guilty merely of being in the wrong place at the wrong time, holding a gun; for a long time unaware of the events of 9/11.
Yet the shameful response of the Australian government at the unlawful actions of the US government mean that Hicks has received more sympathy that he probably deserves.
The downside of this very public legal battle is that secret prisoner rendition and unlawful incarceration by the Bush administration is likely to intensify as it seeks to keep its political prisoners well away from any public and – particularly –legal scrutiny. Bush will not want to be humiliated again.
Hicks (understandably) abandons Australia
Posted by Living with Matilda at 4:33 PM
That Hicks had a British mother – and was hence eligible for UK citizenship - was discovered in a chance conversation with his lawyer. This set in motion his application for citizenship, which should theoretically secure his release. The UK government demanded of the US that non of its citizens should be face a military tribunal and sought and gained their release into UK custody. So far, all have been successfully released.
Hicks’s application was initially refused by the British government, but a contrary High Court decision will force the government to grant it. Arrangements must now be made for Hicks to recite the citizenship oath from within his Guantanamo prison cell, so further administrative wrangling is likely to continue for a while yet.
The decision by the UK High Court should embarrass the Australian government, which simply washed its hands of one of its own citizens, even when the death penalty for Guantanamo detainees had not been rules out. Howard and Downer have been callous and disregarding of the rule of law and of natural justice. Not surprisingly, both maintain they remain neutral in the affair; in private, I suspect they are livid.
Now David Hicks may or may not be an international terrorist; that is beside the point. He may or may not be a clear and present danger on his release. That too, is beside the point. But the evidence presented by his tireless father paints a much less threatening picture of a man – misguided or disillusioned perhaps – but one who was guilty merely of being in the wrong place at the wrong time, holding a gun; for a long time unaware of the events of 9/11.
Yet the shameful response of the Australian government at the unlawful actions of the US government mean that Hicks has received more sympathy that he probably deserves.
The downside of this very public legal battle is that secret prisoner rendition and unlawful incarceration by the Bush administration is likely to intensify as it seeks to keep its political prisoners well away from any public and – particularly –legal scrutiny. Bush will not want to be humiliated again.
Posted by Living with Matilda at 4:33 PM
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