Legal and Constitutional Affairs Committee
Wednesday 17 October 2012

Office of the Director of Public Prosecutions

The Australian Government has a moral and legal obligation to conduct a full inquiry into Australia's role in David Hicks' treatment and detention, given the ruling of a US appeals court that the charge he was convicted of cannot be applied retrospectively, the Australian Greens said today.

 "This confirms what many people, including the Australian Greens, have always maintained - that David Hicks' conviction was illegitimate and invalid," Greens spokesperson for Legal Affairs, Senator Penny Wright, said.

The Government and Opposition have today continued to deny justice to one of its own citizens, former Guantanamo Bay inmate David Hicks, the Australian Greens said.

The Australian Greens moved to refer David Hicks’ case to a parliamentary inquiry today after two previous motions calling for an independent inquiry were voted down, but both old parties once again joined forces to deny David Hicks the opportunity to have the evidence of his time and treatment in Guantanamo publicly scrutinised.

Senator WRIGHT (South Australia) (12:05): I move:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 27 March 2013:

The role played by the former Australian Government in Mr David Hicks' trial, treatment and detention, with particular reference to:

The Government and Opposition have again voted down a Senate motion by the Australian Greens to conduct an independent inquiry into the then Government's role in David Hicks' detention in Guantanamo Bay.

Australian Greens spokesperson for Legal Affairs, Senator Penny Wright, said all Australians should be worried by the clear determination of both old parties to sweep David Hicks' case under the carpet and refuse any scrutiny of what part the Howard Government played in his detention and mistreatment.

That the Senate

(a) recognises that:

(i) Torture is a gross violation of human rights;

(ii) Australian, David Hicks, experienced torture and cruel and degrading treatment during his detention in Guantanamo Bay;

(iii) Recent reports indicate that while incarcerated in Guantanamo Bay David Hicks was forcibly administered drugs such as mefloquine for non-therapeutic purposes, when it is known to cause psychotic side effects and brain damage;

(b) calls on the Government to:

Senator WRIGHT (South Australia) (14:31): My question is to Senator Ludwig, representing the Attorney-General. In July this year the Commonwealth Director of Public Prosecutions dropped the proceeds of crime case against David Hicks a week before it was due to go to trial and has indicated that this was because it would have been unable to satisfy the court that admissions made by Mr Hicks in Guantanamo Bay should be relied upon and that Mr Hicks had served evidence not previously available.

Senator WRIGHT (South Australia) (15:38): I move:

The Australian Government can no longer put off referring the case of former Guantanamo Bay inmate David Hicks and the then Government's role in his incarceration and treatment to an independent inquiry in light of reports today that witnesses have backed Mr Hicks' claims of serious mistreatment and torture, including forced drugging, Australian Greens spokesperson for Legal Affairs, Senator Penny Wright, said.

The Australian Greens has renewed its call for the Australian Government to conduct an independent inquiry into Australia's role in David Hicks' treatment and detention in Guantanamo Bay, following its decision to drop its case against David Hicks.

The Federal Government has moved to drop its case in the NSW Supreme Court to recover the proceeds of David Hicks' memoirs, Guantanamo: My Journey.