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David Hicks bids to clear his name
David Hicks, the Australian who was abandoned by the Howard gov and left to rot for over 5 years in Gitmo without trial, is now seeking to clear his name. This is the man who John Howard and George Bush claimed was "the worst of the worst". It was only because the Howard gov was looking at poll annihilation at the time that Howard finally put pressure on Bush to release him back to Australia, where he served out a bit of time in jail. He was convicted of a retroactive crime, which is a violation of human rights laws I would assume.
Mr Hicks’ legal team will argue that his charge did not exist at the time of his capture in 2001. The Hamdam II decision handed down in the US last year held that the Military Commissions Act 2006 – the legislation that created the offence – could not retroactively punish crimes.
Mr Kenny stated: “It is clear in the US as it is in this country that you cannot plead guilty to a crime that does not exist.”
The second grounds of appeal is a contestation that Mr Hicks’ plea was entered under conditions of severe duress.
“During the time he was incarcerated he was beaten, sexually assaulted, injected with unknown substances, subject to sleep deprivation and endless periods of solitary confinement,” argued Mr Kenny. “There is no doubt that his treatment constituted torture.
“Because of his treatment, his lack of options, and the lack of support, David’s plea was involuntary, and as such must be set aside.” more
I hope he succeeds and I hope he sues the ass off both the Australian and US gov's.
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