Learn from the mistakes of others

Tuesday, June 27, 2006
Hicks lawyers may seek judicial review of UK decision not to press Gitmo release
Joe Shaulis at 1:55 PM ET

[JURIST] Lawyers for David Hicks [JURIST news archive; advocacy website], an Australian held by the US at the Guantanamo Bay detention center [JURIST news archive], may seek judicial review of the UK Foreign Office's decision not to petition the US for his release [JURIST report]. Hicks' Australian lawyer, David McLeod, said that another approach being considered is to press the Australian government into working for his release. Hicks faces a military commission on charges [PDF] of conspiracy to commit war crimes and attempted murder, but proceedings have been delayed pending the US Supreme Court's decision in Hamdan v. Rumsfeld [Duke Law case backgrounder; JURIST news archive], a case challenging the use of military commissions to try foreign terrorism suspects. A ruling could come this week.

Hicks, who was captured in 2001 while allegedly fighting with the Taliban in Afghanistan and has been detained at Guantanamo since then, won a court ruling [JURIST report] earlier this year entitling him British citizenship based on his mother's nationality. The UK has already secured the release of several other British citizens and is negotiating for the release of noncitizen residents [JURIST report], but said Monday that it will not press for Hicks' release as he was an Australian citizen when he was taken into custody.

In other reaction to Monday's decision, Amnesty International [advocacy website] expressed disappointment that the UK would not push for Hicks' release and blamed the Australian government [ABC report] for not doing enough. Hicks' father, Terry, also lamented [ABC report] the Australian government's handling of the case.

Australia's ABC News has more. The Sydney Morning Herald has additional coverage.

Tuesday, June 27, 2006
Hicks lawyers may seek judicial review of UK decision not to press Gitmo release
Joe Shaulis at 1:55 PM ET

[JURIST] Lawyers for David Hicks [JURIST news archive; advocacy website], an Australian held by the US at the Guantanamo Bay detention center [JURIST news archive], may seek judicial review of the UK Foreign Office's decision not to petition the US for his release [JURIST report]. Hicks' Australian lawyer, David McLeod, said that another approach being considered is to press the Australian government into working for his release. Hicks faces a military commission on charges [PDF] of conspiracy to commit war crimes and attempted murder, but proceedings have been delayed pending the US Supreme Court's decision in Hamdan v. Rumsfeld [Duke Law case backgrounder; JURIST news archive], a case challenging the use of military commissions to try foreign terrorism suspects. A ruling could come this week.

Hicks, who was captured in 2001 while allegedly fighting with the Taliban in Afghanistan and has been detained at Guantanamo since then, won a court ruling [JURIST report] earlier this year entitling him British citizenship based on his mother's nationality. The UK has already secured the release of several other British citizens and is negotiating for the release of noncitizen residents [JURIST report], but said Monday that it will not press for Hicks' release as he was an Australian citizen when he was taken into custody.

In other reaction to Monday's decision, Amnesty International [advocacy website] expressed disappointment that the UK would not push for Hicks' release and blamed the Australian government [ABC report] for not doing enough. Hicks' father, Terry, also lamented [ABC report] the Australian government's handling of the case.

Australia's ABC News has more. The Sydney Morning Herald has additional coverage.

Law Council says UK cares more for Hicks...

The Law Council of Australia says Britain is embarrassing Australia by showing more concern for the fate of terror suspect David Hicks than his homeland. Law Council president John North has made the comments after London's Court of Appeal upheld the right of Australian-born Hicks to British citizenship. North is appealing to the Federal Government to do all it can to help Britain fast-track Hicks's bid.

...but Aust says a British Hicks can come home

Australia would allow a British David Hicks home if he is freed from a US military prison, Attorney-General Philip Ruddock says. Hicks, born in Adelaide, has received a boost to his campaign to be released from Guantanamo Bay after a UK appeals court upheld a ruling against the British Government's bid to deny him citizenship. Ruddock said the 30-year-old could return to Australia as a newly-released British citizen. "If he is no longer held by the United States, he has an entitlement to return to Australia," he told ABC radio. "There's no basis upon which he would be denied travel documents to travel to Australia," Mr Ruddock said.

Law Council says UK cares more for Hicks...

The Law Council of Australia says Britain is embarrassing Australia by showing more concern for the fate of terror suspect David Hicks than his homeland. Law Council president John North has made the comments after London's Court of Appeal upheld the right of Australian-born Hicks to British citizenship. North is appealing to the Federal Government to do all it can to help Britain fast-track Hicks's bid.

...but Aust says a British Hicks can come home

Australia would allow a British David Hicks home if he is freed from a US military prison, Attorney-General Philip Ruddock says. Hicks, born in Adelaide, has received a boost to his campaign to be released from Guantanamo Bay after a UK appeals court upheld a ruling against the British Government's bid to deny him citizenship. Ruddock said the 30-year-old could return to Australia as a newly-released British citizen. "If he is no longer held by the United States, he has an entitlement to return to Australia," he told ABC radio. "There's no basis upon which he would be denied travel documents to travel to Australia," Mr Ruddock said.