Save Search
    Prev   Next   Return to results listPrint ListEmail Document Link

Title

QUESTIONS ON NOTICE

Military Detention: Australian Citizens

Database

House Hansard

Date

08-09-2003

Source

House of Reps

Parl No.

40

Electorate

Barton

Interjector

 

Main Committee/Federation Chamber

 

Page

19466

Party

ALP

Presenter

 

Status

Final

Question No.

1823

Questioner

McClelland, Robert, MP

Responder

Williams, Daryl, MP

Speaker

 

Stage

Military Detention: Australian Citizens

Type

 

Context

Answers to Questions in Writing

System Id

chamber/hansardr/2003-09-08/0188


Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Monday, 8 September 2003
Page: 19466


Mr McClelland asked the Attorney-General, upon notice, on 13 May 2003:

(1) Will he provide an update on the current position of Mr David Hicks and Mr Mamdouh Habib and the representations that the Australian Government has made to ensure that they have the opportunity to answer criminal charges brought and prosecuted in accordance with the principles of due process?

(2) Is he able to say how long the men will be detained before any such charges are brought?


Mr Williams (Attorney-General) —The answer to the honourable member's question is as follows:

(1) Mr David Hicks is detained by US authorities at Guantanamo Bay, Cuba. The US has alleged that he was involved with Al Qaida, the organisation responsible for the devastating attacks of September 11.

United States President George Bush has listed Mr Hicks as a person eligible for trial before US military commissions established pursuant to the President's Military Order of 13 November 2001. Under the terms of that Order, the President may list as eligible for trial those persons who he has reason to believe are involved with Al Qaida or international terrorism.

At this time, no charges have been laid against Mr Hicks. The laying of charges is a matter for the US prosecuting authority and the US Deputy Secretary of Defence who has responsibility for approving charges laid by the prosecutors. According to the US, when deciding whether to approve charges the US Deputy Secretary for Defence will consider all relevant and appropriate information available including the charge sheet and the advice of his legal adviser. Other relevant factors will include the quality of evidence, the completeness of intelligence gathering and the desire to bring closure to individual cases.

The rules governing the military commissions provide fundamental protections and legal guarantees for accused persons. These include: the right to representation by defence counsel, a presumption of innocence, a standard of proof beyond a reasonable doubt, the right to obtain witnesses and documents to be used in their defence, the right to cross examine prosecution witnesses and the right to remain silent with no adverse inference being drawn from the exercise of that right.

In the case of a possible trial, Mr Hicks will be provided with a US military lawyer paid for by the US Government and may choose to engage a civilian US lawyer. Further details about the rules and procedures for the military commissions can be found on the US Department of Defence's website at: www.defenselink.mil.

A high-level Australian delegation visiting Washington held successful talks from 21 to 23 July 2003 concerning the two Australians detained at Guantanamo Bay, Mr David Hicks and Mr Mamdouh Habib. The talks were the latest in a series of detailed discussions with the US concerning the Australian detainees.

As a result of discussions, the US made several significant commitments on key issues of concern to the Government regarding the possible military commission trial of Mr Hicks:

· The US has assured Australia it will not seek the death penalty in Mr Hicks' case;

· Australia and the US have agreed to work towards putting arrangements in place to transfer Mr Hicks to Australia, if convicted, to serve any penal sentence in Australia in accordance with Australian and US law;

· An Australian lawyer with appropriate security clearances may be retained as a consultant to Mr Hicks' legal team at Mr Hicks' request, following approval of military commission charges. Mr Hicks' direct contact with such a lawyer will be further discussed with US authorities;

· Conversations between Mr Hicks and his lawyers will not be monitored by the US, despite this being allowed in some circumstances by military commission rules;

· The prosecution in Mr Hicks' case does not intend to rely on evidence requiring closed proceedings from which the accused could be excluded;

· Subject to any necessary security restrictions, Mr Hicks' trial will be open, the media will be present, and Australian officials may observe proceedings; and

· The US will work on ways to allow Mr Hicks additional contact with his family, including via telephone, following approval of military commission charges.

Discussions with the US concerning procedures for Mr Hicks' possible military trial are ongoing. Australian officials will visit Mr Hicks as soon as practicable to ensure he understands military commission procedures. I can assure you that the Government will remain in close contact with the US to ensure that Mr Hicks is treated fairly and appropriately at all times.

Like Mr Hicks, Mr Mamdouh Habib is detained by US authorities at Guantanamo Bay, Cuba. Mr Habib has not yet been listed as a person eligible for trial by US military commission. At this time, there is no indication if, or when, he will be tried. The US has previously stated that detainees will be released when they are no longer of security, intelligence or law enforcement interest.

(2) No. However, these matters are the subject of ongoing discussions between the Government and the United States.