Hello Superfly.
In another thread I challenged you to outline the charges an Australian court could level at Hicks.
Are you up to that challenge or not?
For the record, and you could always go to the plea bargain agreement signed by Hicks, or the charge sheet (Hicks was never formally charged in the legal sense) Hicks admitted to providing material support for terrorism. In fact, by sheer association it was impossible for Hicks to defend his innocence against this charge. Alternatively, Hicks would have had to prove he was never where he was, rather than anything he actually did.
So, in law, Hicks is not a terrorist, was never charged with committing an act of terrorism, and never pleaded guilty to "being a terrorist".
qed
Can an ASF Mod please remove the "why" option, has been placed in after and was not part of the poll.
Well, Australia would have to find something to charge him with first!
And I voted 'why' too!
I vote why.
However, he is still possibly a very dangerous person to the Australian people and should be (and of course is) being watched VERY closely by ASIO/FP. The reasons why he went to the Stans in the first place are more than likely still in his illadjusted blood.
why?
I guess the point of the why is because some questions are invalid. Why answer 'no' to a question when the assumptions on which the question is based are flawed?Integrity.... something the Hicks fan club lacks....
The U.S. maintains Guantánamo prisoners are not protected by the Geneva Conventions and that Guantánamo is beyond the reach of U.S. law. In so doing, the U.S. has attempted to create a new category of human beings wholly exempt from the protection of any law.
The U.S. position is that it may seize anyone, anywhere, at any time, if there is reason to believe that person is an "enemy combatant"—someone who is part of or "supporting" (even unwittingly) Al Qaeda, the Taliban, or forces "associated" with these groups. The global dragnet cast by this definition is so broad that an attorney for the U.S., arguing before Judge Green in December 2004, admitted it would include a little old lady from Switzerland who gave money to an Afghan charity organization that—unbeknownst to her—funneled the contribution to Al Qaeda.
Guantánamo is devoid of living things. The ground is covered in gravel. The cells are housed in brown sheds, surrounded by a chain-link fence topped with razor wire.
The trust and strength of character these men have shown is a wave wearing down rock over time; it is a single blade of grass, somehow managing to grow among Guantánamo gravel.
If we extinguish that humanity with lawlessness and cruelty, we extinguish hope for the future of humankind. For when we causelessly take away a person's freedom, we erode our own. But as we join with others around the world fighting unjust imprisonment and torture, we honor and preserve our humanity. This is the lesson of Guantánamo.
" The law considers a confession sufficient evidence of a crime" ...
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However, he is still possibly a very dangerous person to the Australian people
a good article on Guantanamo ...
http://www.fairgofordavid.org/htmlfiles/media2006pt1/inweekly20Apr06.htm
These blokes were taken into custody in Bosnia ... then as the Bosnian High Court relased them without charge (no evidence against em despit searching all possible computers etc ) - the US military (outside) cuffed em - took em to Guantanamo - including torture even during the flight there !!
No matter how it was obtained?????????????? Had I been in his shoes I would have confessed to enough crimes to clear 90% of the unsolved crimes for the past 50 years.
Dude, you've obviously never seen what heavy doses of Zyprexa will do to someone in a week, have you? Given they were known to be drugging him, I'd say that's what they were feeding him.The old pictures on TV of a skinny Hicks are the only ones been shown, but on his appearence in Guantanamo a reproter wrote Hicks is a short chubby bloke... so he put kilos on in this so called "hell hole"...
1. Why do you concenrate on where Hicks was held and not on what Hicks did to end up there...
2. We have Hicks confession
3. The old pictures on TV of a skinny Hicks are the only ones been shown, but on his appearence in Guantanamo a reproter wrote Hicks is a short chubby bloke... so he put kilos on in this so called "hell hole"...
4. "Inculding torture on the way home" ... evidence of this ?
In October 2001, their lives were shattered when the U.S. insisted that Bosnia arrest the six men””all Muslims of Algerian descent””based on unfounded U.S. allegations that they were involved in a plot to bomb the U.S. Embassy in Bosnia. One by one, each man was taken into custody.
As news of the arrests filled Bosnian media, not one fled. The men spent three months in jail while the federal prosecutor investigated the charges. No stone was left unturned””investigators searched computer files, phone records, questioned witnesses and the men.
Finally, the federal prosecutor recommended to the Bosnian high court that the six be released. He had identified no evidence to justify their detention. The high court agreed, and ordered their release.
Despite this order, the U.S. placed tremendous pressure on Bosnians to turn over the six to U.S. custody, threatening to withdraw support if Bosnia failed to comply. As the six were released from jail in Sarajevo on Jan. 18, 2002, they were turned over to nine soldiers and then hooded, handcuffed, and jammed into waiting vehicles. The huge crowd of community members that had gathered to protest the seizure tried to prevent the cars from passing; wives strained to catch glimpses of their husbands.
As Mohamed Nechla tells it, the six were taken to an airport and handed over to the Americans, who removed Mohamed's hood, placed sensory-deprivation goggles on his eyes, a mask on his mouth, and coverings over his ears. The pain from the extremely tight wrist restraints was excruciating. He cried, "My hands!" His hands and arms grew numb.
He was placed in a seated position on the floor of the plane. If he slumped or fell, he was slammed back upright by soldiers. The flight lasted several hours.
When the plane landed, they were in an extremely cold place. Mohamed believes it was Turkey or Germany. There were dogs barking very close to him. He was terrified they would bite or attack him.
They boarded a second plane. Mohamed's hands were still in pain. The trip lasted many hours. Before the plane landed, he was given an apple””the only food he received during his nearly two-day journey.
After the plane landed, he was painfully dragged to a bus by his biceps. Soldiers repeatedly screamed, "Don't move! Don't talk!" When the bus stopped, Mohamed was pulled down the boarding stairs. He was dragged to a gravel area and placed in a painful position, with his legs straight out in front of him, shackled, and his wrists still shackled.
Soldiers screamed insults about him and his family. A soldier punched his head. The intensely hot sun pounded down on him. He fainted. A soldier shoved him upright. A long time passed. He began to have difficulty breathing through the mask and felt he was going to suffocate. He cried out for help. A soldier snapped the mask against his face. He began to cry. Mohamed had arrived in Guantánamo.
Major Mori was presented with a civil justice award by the Australian Lawyers Alliance at their national conference in Hobart today.
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Hicks can now challenge that and is not .. now there's a "why" question...
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2. Furthermore, upon acceptance of this offer by the Convening Authority:
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b. I agree that I will not communicate with the media in any way regarding the illegal conduct alleged in the charge and the specifications or about the circumstances surrounding my capture and detention as an unlawful enemy combatant for a period of one (1) year. I agree that this includes any direct or indirect communication made by me, my family members, my assigns, or any other third party made on my behalf.
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4. In exchange for the undertakings made by the United States in entering this Pretrial Agreement, I voluntarily and expressly waive all rights to appeal or collaterally attack my conviction, sentence, or any other matter relating to this prosecution whether such a right to appeal or collateral attack arises under the Military Commissions Act of 2006, or any other provision of United States or Australian law. In addition, I voluntarily and expressly agree not to make, participate in, or support any claim, and not to undertake, participate in, or support any litigation, in any forum against the United States or any of its officials, whether uniformed or civilian, in their personal or official capacities with regard to my capture, treatment, detention, or prosecution.
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David Matthew Hicks (accused)
26/03/07
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Not up to Australia to charge Hicks ... we have his confession, he is guilty by law until he proves otherwise.
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