2008 Woodie Awards
Tribunals violate Bill of Rights
Brice Tarleton
Issue date: 4/20/07 Section: Forum
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After more than five years of confinement in the belly of Guantanamo Bay military prison, Australian David Hicks pled guilty to charges of providing material support to terrorists.
Of the 385 inmates held at Guantanamo Bay, Hicks is one of only 10 that has been charged with assorted criminal offenses related to national security. His charges previously carried life sentences, which have been reduced to seven years of incarceration, with all but nine months suspended, which he will serve in an Australian civilian prison.
Hicks will serve an additional 60 days in Guantanamo Bay, and then be released to the Australian judicial system, where he will be free by this time next year.
Everything is sounding great for David Hicks. But there's a catch.
Under the terms of the plea agreement, Hicks cannot speak to reporters for at least one year, and he has forever waived any possible financial profit from telling his story. Additionally, he must renounce any claims of mistreatment or unlawful detention at the hands of the United States, submit voluntarily to U.S. interrogation and testify at future U.S. trials or international tribunals.
Though tried by our courts, the fact that Hicks is not an American citizen is highlighted by the denial of his First and Sixth Amendment rights, particularly the right "to a speedy and public trial" - Hicks was incarcerated for more than five years in Guantanamo Bay before his trial came before a tribunal.
The most disturbing stipulation, to me, is that Hicks cannot speak any more about his experience within the military interment camp. For the record, Hicks made accusations of mistreatment against the United States in an affidavit on Aug. 5, 2004, made public on Dec. 10 of the same year. Some excerpts include the following:
"I have been in the company of other detainees who were beaten while blindfolded and handcuffed. At one point, a group of detainees, including myself, were subjected to being randomly hit over an eight hour session while handcuffed and blindfolded."
Of the 385 inmates held at Guantanamo Bay, Hicks is one of only 10 that has been charged with assorted criminal offenses related to national security. His charges previously carried life sentences, which have been reduced to seven years of incarceration, with all but nine months suspended, which he will serve in an Australian civilian prison.
Hicks will serve an additional 60 days in Guantanamo Bay, and then be released to the Australian judicial system, where he will be free by this time next year.
Everything is sounding great for David Hicks. But there's a catch.
Under the terms of the plea agreement, Hicks cannot speak to reporters for at least one year, and he has forever waived any possible financial profit from telling his story. Additionally, he must renounce any claims of mistreatment or unlawful detention at the hands of the United States, submit voluntarily to U.S. interrogation and testify at future U.S. trials or international tribunals.
Though tried by our courts, the fact that Hicks is not an American citizen is highlighted by the denial of his First and Sixth Amendment rights, particularly the right "to a speedy and public trial" - Hicks was incarcerated for more than five years in Guantanamo Bay before his trial came before a tribunal.
The most disturbing stipulation, to me, is that Hicks cannot speak any more about his experience within the military interment camp. For the record, Hicks made accusations of mistreatment against the United States in an affidavit on Aug. 5, 2004, made public on Dec. 10 of the same year. Some excerpts include the following:
"I have been in the company of other detainees who were beaten while blindfolded and handcuffed. At one point, a group of detainees, including myself, were subjected to being randomly hit over an eight hour session while handcuffed and blindfolded."
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