Aussie Sentenced by Kangaroo Court

The Guantanamo kangaroo court has sentenced Australian David Hicks, the first defendant convicted at a U.S. war-crimes trial since the aftermath of World War II.

David Hicks at Camp X-Ray

Hicks faces a prison sentence of up to seven years under a plea agreement revealed today that also requires Hicks to drop any claims of mistreatment by the U.S. government since he was captured in Afghanistan and taken to Guantanamo Bay, said the judge, Marine Corps Col. Ralph Kohlmann. Furthermore, Hicks is “not to communicate in any way with the media” for a year.

UPDATE: Hicks will only have to serve nine months in an Australian prison.

Hicks’ father, Terry Hicks, welcomed the leniency of a nine-month prison sentence but vowed Saturday to continue complaining about his son’s treatment, even though the younger Hicks is barred from doing so by the plea deal.

“I believe one of provisos was that he had to sign a form to say he wasn’t badly treated,” Terry Hicks told Australian Broadcasting Corp. radio in Australia. “We know for a fact that he was, and I’m going to push that issue.”

UPDATE: Over on Talking Points Memo, Josh Marshall speculates that the short sentence for Hicks and the gag order were both intended to help the re-election of Australian Prime Minister John Howard.

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9 Responses to “Aussie Sentenced by Kangaroo Court”

  1. Cavæt Says:

    Either maintain your innocence and rot in gitmo, being tortured for all eternity, or say you’re guilty and go home in six months. Now there’s a no brainer. Meanwhile we and ours get the karmic rap. Thanks again george, dick and the republican voters (not to forget the ’supreme’ court).

  2. Cavæt Says:

    P,S., the deal also is an agreement on Hicks’ part to shut up altogether about how he was treated while there. Did someone mention ‘waterboard’?

  3. Larry Bergan Says:

    Depends on what the definition of “badly” is.
    How Clintonesque.

  4. Frank Staheli Says:

    I find it interesting that the military tribunal wouldn’t let him communicate with the media for a year. Is it because he was tortured, or is it because he is an unrepentant America hater and aider of al Qaeda?

    You hint at your opinion, but you don’t say it. So I’ll ask it. Is Hicks a war criminal or not? The chron.com article seems to indicate that he admits that he is and is proud of it.

  5. Richard Warnick Says:

    Frank, as Senator John McCain says, it’s not about who they are– it’s about who we are. Are we a society that commits human rights violations without apology? Hicks was held for two and a half years in solitary before even being charged with a crime, “aiding the enemy,” that wasn’t on the books until years after he was taken prisoner. He was tortured.

    Did Hicks kill anyone? No. He was accused of conducting “surveillance” of targets in Kabul including the empty US and British embassies - which had been shut for years under the Taliban Government. At most, he was an Al Qaeda wannabe.

  6. Frank Staheli Says:

    Based on your description, he was caught aiding and abetting the enemy in a war zone. I think that makes him a war criminal. What’s your opinion?

  7. Richard Warnick Says:

    No, Frank, Hicks wasn’t caught anywhere near Kabul and the empty embassies. He made a plea bargain after five years in solitary confinement. We can’t actually see what evidence the US has against Hicks because it’s secret. Possibly confession obtained through torture? We may never know. I don’t think you know the definition of a war criminal, either.

  8. Frank Staheli Says:

    I haven’t done any study on his particular case, other than the article you linked to which seems that he was proud of his anti-American aiding of al Qaeda. Other than that, I was just taking what you said about conducting surveillance in Kabul.

  9. Richard Warnick Says:

    Do you know of any public statements by David Hicks? He’s been in solitary since December 2001. He hasn’t been holding press conferences.

    At the recent tribunal, Hicks’ lawyer, Marine Corps Maj. Michael Mori, read a statement expressing his client’s regret for his actions. “He apologizes to his family, he apologizes to Australia and he apologizes to the United States,” said Mori.

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