The Greens say David Hicks deserves and immediate apology for the injustice he has suffered, also calling for a thorough investigation about how and why the Australian Government let this happen.

"David Hicks was subjected to a bogus conviction, torture and wrongful imprisonment. An apology should be immediate," said Greens Leader Senator Christine Milne.

"Mr Hicks has described himself today as exhausted, worn out and defeated. An apology is about acknowledging the injustice he's suffered, and doing something to make it right.

With reports that the United States Government has admitted that former Guantanamo Bay detainee David Hicks is innocent and his conviction in 2007 for providing material support for terrorism is invalid, Greens Leader Christine Milne has called for the Australian Government to apologise for its part in his wrongful imprisonment, torture and the outrageous abuses of related legal processes.

The Australian Greens today called on the Federal Government to support David Hicks's appeal against his US conviction.

Greens spokesperson for Legal Affairs, Senator Penny Wright, said a US Court of Appeals ruling last year showed the original conviction was invalid.

"David Hicks has never had a fair trial in a properly constituted court," Senator Wright said.

"We now know the charge itself was invalid and many in the legal profession believe the coercion and desperation he was experiencing when he made his plea is further grounds for appeal.

Senate Standing Committee on Legal and Constitutional Affairs
Attorney-General's Department

Group 3 | Program 1.6
Question No. 154

Senator Wright asked the following question at the hearing on 16 October 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;

The Federal Government and Opposition have continued to reject calls for an independent inquiry into the detention of David Hicks in Guantanamo Bay by voting down a motion from Australian Greens spokesperson for Legal Affairs Senator Penny Wright.

Senator Wright's motion called on the Government to set up an independent inquiry into David Hicks' detention, treatment and trial in US custody and the role of the Australian Government.

The ALP and Coalition today joined together in an act of wilful blindness to vote down a Senate motion noting the recent US Court of Appeals ruling that providing material support for terrorism was not a war crime between 1996 and 2001.

In 2007 David Hicks was retrospectively charged and convicted of providing material support for terrorism within that period and this ruling casts serious doubt over the validity of David Hicks' conviction.

I move that the Senate
(a) notes that:

(i) the US Court of Appeals for the District of Columbia Circuit recently ruled that providing material support for terrorism was not a war crime between 1996 and 2001 and therefore could not support a conviction of Salim Hamdan;

(ii) in 2007, Australian, David Hicks, was convicted of this now invalid charge when he submitted an Alford plea through the US Military Commission system; and

(b) calls on the Government to recognise that there is doubt regarding the validity of David Hicks' conviction.

The Australian Greens today called on the Government to support David Hicks to appeal his US conviction, in the light of Tuesday's US Court of Appeals ruling that the charge he was convicted of is invalid.

 Greens spokesperson for Legal Affairs, Senator Penny Wright, said that the decision by the US Court of Appeals confirms the long-held view of many legal commentators that David Hicks' conviction was illegitimate and he should now be given an opportunity to seek repeal of that conviction in a court of law.

In the 2012 Supplementary Estimates period, Senator Penny Wright asked the Legal and Constitutional Affairs Legislation Committee questions about the following issues. Click the links below to read the full transcript.