Joint Media Release
The Attorney-General, The Hon Daryl Williams AM QC MP, and Minister For Foreign Affairs, The Hon Alexander Downer MP
David Hicks Eligible For US Military Commission Trial
David Hicks has been included in the first list of detainees from Guantanamo Bay to be eligible for United States Military Commission trials.
The US announced early this morning Australian time that six detainees had been determinied to be eligible for trial before a Military Commission and the Australian Government has informed Mr Hicks’ family.
Mr Hick’s inclusion in the list means that he is eligible for trial, not that he will necessarily be charged or tried. Nevertheless, the Government welcomes this development as hopefully leading to a resolution of Mr Hicks’ case.
The Government has held detailed discussions with the US concerning any possible trials and is confident that any Military Commission trials will be fair and transparent. We have made every effort to ensure procedures for any possible trial will provide the fundamental guarantees of normal criminal processes.
The US has indicated that those to be tried before a Military Commission will be afforded a range of legal rights outlined in the Military Commission Orders and Instructions designed to allow for a fair trial.
The Orders and Instructions provide protections and legal rights for accused persons, including:
- a presumption of innocence;
- a standard of proof beyond a reasonable doubt;
- the right to defence counsel;
- the right to obtain witnesses and documents to be used in their defence and to cross examine prosecution witnesses; and
- the right to silence, including a guarantee that no adverse inference will be drawn from the exercise of such a right.
In the case of a possible trial, Mr Hicks will also be provided with a US military lawyer paid for by the US Government and may choose to engage a civilian US lawyer. In addition,we understand that Mr Hicks may be able to retain an Australian lawyer as a consultant to his defence team.
The Government will continue to discuss Mr Hicks’ possible trial with the US to ensure he is treated fairly and appropriately at all times.