More and more Australians are becoming uneasy about the protracted incarceration of terror suspect David Hicks who has spent the past five years at Gitmo without either charges or a trial.
Hicks was an Australian citizen when captured fighting with the Taliban in Afghanistan. He is now a British citizen, although the British government has made no effort to repatriate him to England, as was the fate of other British detainees found fighting with the Taliban.
To many people there is a vagueness about what wrong Hicks committed. At the time, there was no central government in Afghanistan ruling the entire country - and there still isnt ! The Taliban were invaders imposing their strict brand of Islam and Hicks was a convert. It could be construed that the Taliban - odious as was their outlook - were de-facto rulers trying to repel an invasion by forces from other countries opposed to their regime.
The United States charges that Hicks was trying to kill American troops. He didnt succeed. Now it looks like he will face a " Kangaroo court " which would be legally impossible if it tried to impose it's set rules on even the worst mass murderer in mainland USA. It may accept " hearsay " evidence and even evidence collected by " coercion ". What fine line marks the difference between " coercion " and " torture " ?
Obviously the rules of this court are designed to reach a guilty verdict. What then ? Execution has been ruled out, but does that mean that Hicks may spend the rest of his life in Gitmo ? Will he be denied the conditions American " lifers " expect in American prisons ?
This matter has been handled badly. There is little recognition of what should constitute " justice " in the handling of the case - and it looks like getting worse as it goes along.
It is time the US military disengaged from prosecuting Hicks and handed him over to a normal US court, to be tried on whatever charges within the US justice system. Anything less is to embrace the same sort of " justice " dished out by the Taliban when they were in power !
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