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Motion for independent inquiry into treatment of David Hicks

Motion
Penny Wright 20 Nov 2012

I move that the Senate

(a)    recognises that:

(i)      the recent ruling by the US Court of Appeals for the District of Columbia Circuit, which found that providing material support for terrorism was not a war crime between 1996 and 2001 and therefore could not support a conviction, invalidates David Hicks' conviction for this crime;

(ii)    In 2007, David Hicks was incarcerated in a South Australian prison for seven months as a result of negotiations between the Australian and US governments and on the basis of this invalid conviction;

(iii)   In 2011, the Australian government instituted proceedings against David Hicks under the Proceeds of Crime Act 2002 on the basis of this invalid conviction; and

(b)   calls on the Government to conduct an independent inquiry into David Hicks' detention, treatment and unfair trial while in US custody, as well as the role played by the Australian government in upholding the invalid and unlawful conviction.

The motion did not gain the support of the Senate.

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