As I mentioned in the last post, David Hicks’ father Terry is coming up to Brisbane for the March 17th rally commemorating the 4th anniversary of the war in Iraq. Anyone who has seen the documentary The President Versus David Hicks will know Terry as a softspoken everyman who’s been thrown into the awful situation of having to campaign for his son’s freedom, and quite possibly, his life. Anyone who hasn’t seen it, should tune in to SBS tonight at 10pm – regardless of your position on David Hicks’ guilt or innocence, you cannot help but be touched by Terry’s journey, retracing David’s steps. The movie’s tagline reads -
“Your son converts to Islam. Your son fights for the Taliban. Your son is labelled a terrorist. Your son is still your son”
and it sums up Terry’s situation well. But it should also sum up ours as a country. Whatever we think of David’s actions, we have obligations to him as a fellow citizen and a part of the Australian community. We can dislike him as much as we want, but we can’t disappear him.
Except our Government apparently disagrees.
Under the common law we inherited from the British, no should be above the law and no one should be beyond its protection. The UK government demanded the return of their citizens, because they had no faith in the US military commissions ability to deliver justice.
The fact that the Supreme Court of the United States declared that process to be unconstitutional, would seem to bear them out.
But our Government persists with these trials, unwilling, or perhaps unable, to admit any flaws in the process. If you watched the Insight programme on SBS tonight, you were probably as shocked as I was to hear our Attorney-General’s latest talking point – that David Hicks deserves the right to clear his name in court.
So, it’s out of concern for his best interests, and perhaps, social standing, that he’s been left in Guantanamo Bay until they could concoct a system capable of trying him for non-crimes.
David has spent five years in a hell hole, cut off from family, society, and the media and with only the barest of protections or oversight.
If a fundamental principle of the legal system is that not only must justice be done, but that it must be seen to be done, then in Guantanamo in general, and in David’s case in particular, the injustices are so evident and so overwhelming, that any future chance for fairness has been destroyed.
His trial will permit hearsay evidence, coerced testimony, and will take place after senior figures in the US and Australia have publicly pronounced his guilt.
There are a lot of campaigns to fight for the rights of those who’ve fallen through the cracks. But the people in Guantanamo Bay haven’t found themselves the unfortunate victims of holes in our legislation, they have been shovelled into an abyss created deliberately to hold them beyond the law, in the name of freedom.
Everyone who missed Insight should make a point of watching the repeats, either on Friday at 2.30pm or on Monday at 2.30pm, or if you’re online tonight, join in the discussion at their site.
Terry Hicks will be speaking at the March 17th Peace Rally in Queen’s Park, Brisbane from 11am, and also at a forum (details to follow) on Sunday the 18th.
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