Senate debates

Monday, 19 November 2012

Motions

Hicks, Mr David

3:48 pm

Photo of Penny WrightPenny Wright (SA, Australian Greens) Share this | | Hansard source

I move:

That the Senate—

(a) recognises that:

  (i) the recent ruling by the United States (US) Court of Appeals for the District of Columbia Circuit, which found that providing material support for terrorism was not a war crime between 1996 and 2001 and therefore could not support a conviction, invalidates Mr David Hicks’ conviction for this crime,

  (ii) in 2007, Mr Hicks was incarcerated in a South Australian prison for 7 months as a result of negotiations between the Australian and US Governments and on the basis of this invalid conviction, and

  (iii) in 2011, the Australian Government instituted proceedings against Mr Hicks under the Proceeds of Crime Act 2002 on the basis of this invalid conviction; and

(b) calls on the Government to conduct an independent inquiry into Mr Hicks’ detention, treatment and unfair trial while in US custody, as well as the role played by the Australian Government in upholding the invalid and unlawful conviction.

Photo of Alan FergusonAlan Ferguson (SA, Deputy-President) Share this | | Hansard source

The question is that notice of motion No. 1015, standing in the name of Senator Wright, be agreed to.