Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

I can tell the Senate that, when I visited the United States in the last fortnight, I raised the issue of Mr Hicks with the United States attorney-general, as I have done on previous visits to that country. I reinforced Australia’s earnest desire that Mr Hicks be brought before the military commission as soon as possible. Of course, we have an appeal pending in the United States in relation to the validity of the military commission in question. That has been ongoing now for some time. It is the case of Hamdan v Rumsfeld, as I recall. The attorney-general of the United States indicated to me very clearly that it was their view that a decision should be handed down as soon as possible. I understood that that could well be in the very near future. It certainly was his desire that that be dealt with as quickly as possible.

But it is a matter, after all, before the courts in United States. Like this country, the executive does not have the ability or power to interfere with the way the courts conduct their business, and quite rightly so. The US authorities and their attorney-general indicated to me that, in their opinion, it was something that should be dealt with as soon as possible. In relation to Mr Hicks and his situation in Guantanamo Bay, I understand that consular officials visited him on 8 June this year. He was found to be well and in good spirits. Indeed, he has been visited on 16 occasions over the period of time he has been in detention there.