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

My question is addressed to the Minister representing the Attorney-General and follows on from his comments supporting the military commission’s process in relation to David Hicks. Does the government have the same faith in the Guantanamo Bay detention facility? Has the minister seen pictures of David Hicks’s cell in Guantanamo Bay? Is the minister aware that David Hicks has been held in solitary confinement for 23 hours a day for the past eight months? Is the minister also aware that the cell in which Mr David Hicks lives never has the lights turned off and that he is only allowed to leave the room for an hour per day to visit a reading room, which has no access to books or legal documents? Minister, are these conditions acceptable to the Australian government, considering Mr David Hicks is being held without charge?

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

I can advise the Senate that, on the advice I have, the last consular visit to David Hicks was on 27 September this year and the previous visit was on 8 June. I raise that because the consul general advised that Mr Hicks looked well, but he chose not to speak to the consul. No evidence of abuse or maltreatment has been found during any of the visits by Australian officials. Those visits have occurred on 17 occasions during the time that Mr Hicks has been incarcerated. I mentioned earlier that the Attorney-General has taken up some issues which were raised with him by Terry Hicks, the father of David Hicks, and that they are being pursued. The advice I have is that Mr Hicks is not held in solitary confinement. He is being held in the general block area in a single-occupancy cell. Cells in the general block area have windows providing natural light. He continues to have access to exercise and outdoor facilities in group areas. He has regular laundry services, books and a study area. We are advised that he has the opportunity of two hours recreation each day and can access exercise equipment, although he does not take up that opportunity on occasions. His cell is climate controlled and has a bunk, a sink and a toilet. He has access to hot showers and common toiletries are provided to him.

As I understand it, he has other amenities which are similar to those in Australia in maximum security detention. In this regard, I refer to those who are in custody awaiting trial for terrorism offences in Australia. I understand that people who are awaiting trial for serious terrorism offences in Australia are held in maximum security situations. They are segregated from other prisoners and they are allowed to exercise between 90 minutes and three hours per day. The conditions under which they are incarcerated are similar to those of Mr Hicks.

As we have demonstrated previously, should any issues be raised with the government in relation to Mr Hicks’s welfare, we will take them up, and that has been demonstrated recently by the meeting that the Attorney-General had with Mr Hicks’s father in Adelaide.

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

Mr President, I ask a supplementary question. I thank the minister for his answer and I understand from his answer that the conditions in Guantanamo Bay are acceptable to the Australian government. I also ask the minister to inquire about the last consular visit—that is the last time before the June visit—the last time David Hicks spoke honestly to consular officials. Is it the case that he was shortly afterwards placed into solitary confinement as a consequence of him speaking honestly about the conditions in which he found himself? Given the minister’s faith in the Guantanamo Bay facilities and the military commission’s process, why is it the case that Australia is prepared to have one of our citizens subject to the military commission’s process when the US government is not having any of its citizens face the military commission’s process?

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

Senator Stott Despoja has asked about a visit prior to June. The advice I have is in relation to the last on 27 September—the previous one was on 8 June. The comment I made was in relation to the last visit. In relation to the other aspect of what David Hicks said as a result of the visit, I do not have any information as to any punitive action taken against him as a result of that. I will check that and if there is anything that I can usefully add, I shall do so. In relation to David Hicks, I have said that the conditions applicable to him are similar to those for someone who is waiting for trial on terrorism offences in maximum security in Australia. My questions have been confined to David Hicks.

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

He got punished. That is why he does not speak to consular officials any more.

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

It is Senator Stott Despoja who widens it to the broader context of Guantanamo Bay. I can only answer questions in relation to David Hicks, and that is what I have done. (Time expired)