Natasha Stott Despoja (SA, Australian Democrats) Share this | Hansard source

I move:

That the Senate take note of the answer given by the Minister for Justice and Customs (Senator Ellison) to a question without notice asked by Senator Stott Despoja today relating to Mr David Hicks.

My question was in relation to the predicament of David Hicks—the travesty that is David Hicks’s situation. I do not think there has been feigned indignation in this chamber. I say that of my Labor colleagues and I also say it, believe it or not, of my coalition colleagues. I think there are increasing numbers of members of parliament, as indeed there are increasing numbers of people in the community, who are outraged and shamed and angry about the treatment of any detainees in Guantanamo Bay. But in Australia, and obviously in South Australia—he is a constituent of mine and others in this place—Mr David Hicks’s situation is seen as an abrogation of international humanitarian law. It is unacceptable. I think that, increasingly, members in this place recognise that fact.

It is now time for our government to insist on this man’s immediate repatriation. Indeed, I have heard members of the government calling for his immediate trial. I do not believe any longer—if I did at all—that David Hicks will receive a fair trial. I know that this is a man who has been detained for five years. The fifth anniversary of his capture is this weekend. He was captured by the Northern Alliance on 9 December. He has been detained for that long. He has spent most of the time in Guantanamo Bay, or ‘Gitmo’.

David Hicks has been detained in conditions that are completely unacceptable. I asked the government about some of these conditions today—were they acceptable to the government? Is it acceptable that he spent eight months in solitary confinement, 23 hours a day? Is it acceptable that he can have an hour to wander out to a reading room that has no books, no access to legal documents? I heard the minister talk about recreational facilities; David Hicks is a man who cannot get a pair of sandshoes so that he can run around the place. The conditions are extraordinary.

I do not think that anyone in this place believes the analogy between a maximum security prison in Australia and Guantanamo Bay. How many Australians are in maximum security, let alone solitary confinement, for that period of time without charge? This man is being held without charge. The charges against him were dropped. Why? Yes, because of the Hamdan case; yes, because the military commissions process was shown to be flawed. It was shown to be illegal. The United States courts made that clear.

So what has happened? Since September there has been a new act in the United States—the Military Commissions Act 2006. Is the government happy with that? Indeed it is. Australia has been a cheerleader for this process. It shames me that our government has abrogated its commitment to international humanitarian law. I know that members of the government are uncomfortable now; I have read about it in the papers and I have spoken to them. But the Military Commissions Act that was passed this year still does not see David Hicks charged. He is still detained without charge.

Some of the deficiencies in the process are real. Do honourable senators in this place, regardless of which side we are on, honestly accept that it is appropriate, for example, to admit evidence that has been obtained by coercion? Do we honestly accept that in this day and age? Do we throw the Geneva conventions out the window because we just happen to have to go along with George W Bush, the President of the United States? Yes, torture, theoretically, is acceptable. I know the word ‘torture’ is not in there anymore but ‘coercion’ is. It is allowed to admit evidence obtained through coercion. It is also allowed to have a conviction on evidence that David Hicks will never be allowed to see. There is also the removal of the right to a speedy trial; the removal of the right to habeas corpus, the right of a detainee to challenge his or her unjust treatment; and the removal of the right to cross-examine witnesses who have given evidence against them. These are basic principles, the rule of law—things that we all in this place believe in and defend.

It is time to bring David Hicks home. These are not crocodile tears. We are just outraged. I look at Senator Kirk, who asked a question on this today on behalf of the ALP. I know the work she has done on this. I have worked with her to try to ensure that our citizen is not tortured, not maltreated, gets a speedy trial and gets his justice. He has been there for five years and is now facing God knows how long without trial, without charge. It is unacceptable. Mr Deputy President, I put it to you that it is increasingly unacceptable to most people in this place, regardless of their politics. (Time expired)

Question agreed to.