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Thursday, June 29, 2006

Hicks lawyer hopes for release

From correspondents in Washington
June 30, 2006

THE lawyer for David Hicks, the only Australian held at the Guantanamo Bay US prison, said Thursday he hoped a Supreme Court ruling striking down military tribunals would help speed his client's release.

"It's great news," US Marine Corps Major Michael Mori said of the 5-3 ruling by the top US court that President George W. Bush had overstepped his powers by creating the military commissions to try Guantanamo inmates.
"It is what everybody else has been saying all along -- that the military commission system does not provide the basic fundamental protection that is required," Mr Mori said.

"Every legal organization in the world has criticized the military commissions," he said. "In fact, Australia is the only country that has accepted the military commissions for its citizens."

Hicks, 34, was the first Guantanamo detainee scheduled to face trial by the controversial military tribunals created after the September 11, 2001 attacks to try "war on terror" suspects.

A convert to Islam who was captured in Afghanistan in late 2001, he faces charges of conspiracy to commit war crimes, attempted murder by an unprivileged belligerent and aiding the enemy.


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Hicks, a native of Adelaide who has been described as the "Australian Taliban," has denied the charges.

Mr Mori said that following the ruling, "hopefully, David Hicks will go home." "We know that he is not going to be tried in this military commission system," he said.

Mr Mori said the ruling came "after four and half years of David Hicks rotting in Guantanamo Bay ... after four and half years of David Hicks being abandoned in Guantanamo and the Australian government not fighting for a fair system."

"David wants to get on with his life, he wants to see his family, he wants to get out of isolation in Guantanamo Bay, he wants to move on," Mr Mori said. "It is time to let him have his life."

"I think the charges against David are not valid," Mr Mori added, "and if we got an independent judge to rule on that we will win."

Mr Mori also said Hicks should be let out of isolation. "Now the commission system has been declared invalid, they should move him back out of isolation," he said. "He has been now for three months almost in isolation."

Ruling on Thursday in the case of another Guantanamo detainee, Salim Hamdan, the Supreme Court said the Bush administration violated the Geneva Convention and US military law by setting up the special military tribunals.

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