David Hicks should be brought home and Howard and Ruddock should step down

It is totally unacceptable that John Howard supports the continued illegal incarceration in legal limbo of David Hicks by the Bush government of the United States.

John Howard, Philip Ruddock, Alexander Downer and Peter Costello have all made public comments about their opinions on David Hicks' guilt - and that this justifies him being held without trial. The US ambassador to Australia and the US Military have also made recent allegations about Hick's actions, but they have only just laid dubious charges against him after over five years detention. If there is a compelling case against Hicks, surely he would have been charged, tried and convicted 3 years ago.

Philip Ruddock commented recently that he has "no influence over a foreign jurisdiction" so he can't ask the Bush government to release Hicks. He is wrong on both counts - Guantanamo Bay is not a foreign jurisdiction - it is outside of International law. It is a lawless prison run by the CIA and US interrogators who use CIA techniques of subjugation and degradation. The Bush government is holding him there precisely because they can do what they want and ignore international laws such a the Geneva Convention. Ruddock and Howard can of course ask the Bush Government to release Hicks - they are just choosing not to.

Like any Australian, David Hicks has basic human rights to be given a fair trial, not to be detained excessively without charge and not to be tortured. Philip Ruddock recently stated that evidence obtained from him "under coercion" will be admissable. This is unacceptable. I don't think there is a valid distinction between torture and coercion. Hicks appears to have been tortured while detained.

Malcolm Fraser and Jeff Kennett have spoken out against Hicks' detention, and Australian Federal Police Commissioner Mick Keelty has repeated his call for David Hicks to be tried as quickly as possible. Retired Victorian judge Stephen Charles, QC has joined the attack against the US and Australian governments' treatment of David Hicks, stating he will likely "be charged and tried under procedures amounting to a kangaroo court of the most noxious kind".

David Hicks' ongoing detention is a gross breach of human rights and a complete failure of due legal process. John Howard and Philip Ruddock should both step down from office for dereliction of duty, and David Hicks should be repatriated immediately. Once David Hicks is in Australia, due legal process should then be followed.

As precedents, the United State tried one of their own citizens John Walker Lindh as an "enemy combatant" years ago, and the British asked for and got all their detainees released.

It looks like the prospect of an election this year and rising political pressure will see John Howard take action on this, rather than because it is simply the right and humane thing to do.

More information

• Why? | Bring David Hicks Home
• Hicks 'coming home' | The Age
• Ex-judge slams government on Hicks | The Age
• Hicks evidence strong: Costello | The Age
• Why he can't return (Philip Ruddock) | The Age
• Delay over Hicks trial unfair, says police chief | The Age
• Hicks was tortured says Guantanamo inmate | Sunday Herald Sun
• Australia has betrayed Hicks, says Fraser | The Age
• My previous post on Hicks (nothing has changed)

Release David Hicks from Guantanamo Bay and censure Howard

I find it completely unacceptable that both George Bush and John Howard claim that setting up kangaroo courts (5 years in the making) outside of any country's established legal system and keeping David Hicks interred in inhumane conditions at Guantanamo Bay is a good and fair process. Clearly it is not.

I also find it completely unacceptable that both George Bush and John Howard justify this by saying that the detainees "have done bad and terrible things". They have provided no proof of this and there is no fair process for testing the evidence. Many of the detainees have now been released without any trial or charges, but not David Hicks.

Even the photo of David Hicks with a rocket launcher published in many newspapers is not relevant. It was taken in Kosovo, not Afghanistan or Pakistan.

John Howard has publicly made several allegations about David Hick’s involvement with terrorist groups, which have not been assessed by any independent legal process.

John Howard has also stated that “the Australian Government is satisfied that the United States Military commission process will provide the proper measure of justice to David Hicks”.

This is not supported by Australian legal experts, nor by the Blair government in Great Britain which stated that the Guantanamo Bay detainees would not be tried under fair standards and that the detainees rights to a fair trial and not to be tortured must not be compromised, and then got all UK detainees released.

John Howard appears to be guilty of a crime against humanity by supporting the “outside of law” treatment of David Hicks by the United States, in breach of his human rights.

It is a sad day when our political leaders take on the role of judge and jury and don’t respect the human rights of Australian citizens. Let us hope this aberration does not extend to them becoming executioners as well.

David Hicks should be immediately returned to Australia then either tried under the Australian legal system or released if no charges are laid.

For more information see Amnesty International report: Guantánamo Bay - a human rights scandal and http://en.wikipedia.org/wiki/Guantanamo_Bay