U.S. judge delays trial of Guantanamo detainee Hicks
15 Nov 2005 04:35:40 GMT
(recasts with judge's delay order)
By Will Dunham
WASHINGTON, Nov 14 (Reuters) - A U.S. federal judge on Monday granted a request by lawyers for an Australian Guantanamo prisoner to postpone the scheduled resumption of his war crimes trial this week so that the U.S. Supreme Court can rule on the legality of such military tribunals.
U.S. District Judge Colleen Kollar-Kotelly sided with lawyers for Australian prisoner David Hicks, who has been held for more than 3 1/2 years at the U.S. naval base at Guantanamo Bay, Cuba, rejecting the U.S. government's arguments to proceed with the case as scheduled on Friday.
The Supreme Court said last week it would decide whether President George W. Bush had the power to create the military commissions to put Guantanamo prisoners on trial for war crimes.
The case before the high court involves Yemeni prisoner Salim Ahmed Hamdan. The justices could find the trials unconstitutional or endorse them as legal, among other possible outcomes.
Hicks is one of about 500 foreign terrorism suspects held at the prison. His case was scheduled to be decided by a panel of military officers, called a commission, in the first such U.S. war crimes trials since World War II.
Lawyers for Hicks last week asked the judge to delay the proceedings in light of the Supreme Court's review. Monday's order came on the same day that the Pentagon had announced plans to proceed with the case without allowing the Supreme Court to rule in the Hamdan case.
Kollar-Kotelly issued a stay preventing the government from moving forward in the military trial "pending the issuance of a final and ultimate decision by the Supreme Court" in the Hamdan case.
The Hicks case already had been delayed by the government for a year after a previous unfavorable court ruling.
Hicks, 30, is one of nine Guantanamo prisoners to be charged, with the rest held indefinitely without charges. The U.S. government has asserted its legal right to hold Guantanamo detainees "in perpetuity." Critics decry the prison camp as a blot on America's human rights record.
AIDING THE ENEMY
Hicks was captured by U.S. forces in Afghanistan in November 2001 and was accused of being an al Qaeda fighter. He has pleaded not guilty to charges of aiding the enemy, attempted murder and conspiracy to commit war crimes. The most recent hearing in his case was in November 2004.
Human rights activists and military defense lawyers have criticized the commission rules on the grounds that they favor prosecutors, allow evidence obtained through torture and hearsay and permit no independent judicial review. The Pentagon argued the rules will provide for full and fair trials.
U.S. Defense Secretary Donald Rumsfeld travels to Australia this week for annual bilateral ministerial talks. Pentagon spokesman Lawrence Di Rita said he expected the military commission process to be discussed.
The Australian government has supported the commission process and refused to seek Hicks's repatriation, saying it could not bring charges against him under anti-terrorism laws introduced after he was detained.
But Australia's foreign minister said on Nov. 1 his country would investigate allegations that Hicks was beaten and sexually abused by American forces before arriving at Guantanamo, in light of statements made by his father and a former detainee.
Habib free to sue Government
Updated Thu Feb 25, 2010 8:29pm AEDT
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Mamdouh Habib and his wife Maha at the Federal Court. (AAP: Paul Miller)
The Federal Government has failed in its legal bid to prevent former Guantanamo Bay inmate Mamdouh Habib from suing the Commonwealth.
American intelligence agencies alleged Mr Habib had prior knowledge of the September 11, 2001 terrorist attacks in the United States, and that he trained with Al Qaeda in Afghanistan.
He was arrested in Pakistan in late 2001 and transferred to Egypt, where he says he was tortured.
Mr Habib ended up in the notorious US military prison at Guantanamo Bay, but was released in early 2005 without being charged.
He claims Australian officials were complicit in acts of torture against him while in detention in Pakistan, Egypt and the US.
Mr Habib wants to sue the Federal Government for false imprisonment, wrongful detention and assault.
The Commonwealth had sought to have the claim struck out, arguing that an Australian court did not have the power to determine the case.
The Government said that even though Mr Habib was an Australian citizen, his alleged torture happened outside Australia's jurisdiction.
But the court has ruled that it could hear Mr Habib's case.
The judgement was not immediately apparent because the Chief Justice was sitting in Brisbane and the two other judges of the Federal Court were in Sydney.
But once it became clear he had won, Mr Habib said he was pleased with the outcome.
"I'm really happy with the result today. At least I feel we've still got justice," he said.
He has called on the Government to launch a full investigation into his claims.
"I wait for the Government to investigate what ASIO have been doing overseas - how they rendered me, how they sent me to Egypt," he said.
"All these national security documents have to be released."
The Australian Government has denied the allegations of torture and the Federal Court has pointed out that the allegations remain untested.
Mr Habib is seeking unlimited damages.
His wife says nothing can repay her husband for what he suffered at the hands of authorities in Pakistan, Egypt, Afghanistan and Guantanamo Bay.
.... At least one person extraordinarily rendered by the CIA to Egypt — Egyptian-born Australian citizen Mamdouh Habib — was reportedly tortured by Suleiman himself.
Suleiman the torturer
In October 2001, Habib was seized from a bus by Pakistani security forces. While detained in Pakistan, at the behest of American agents, he was suspended from a hook and electrocuted repeatedly. He was then turned over to the CIA, and in the process of transporting him to Egypt he endured the usual treatment: his clothes were cut off, a suppository was stuffed in his anus, he was put into a diaper - and 'wrapped up like a spring roll'.
In Egypt, as Habib recounts in his memoir, My Story: The Tale of a Terrorist Who Wasn’t, he was repeatedly subjected to electric shocks, immersed in water up to his nostrils and beaten. His fingers were broken and he was hung from metal hooks. At one point, his interrogator slapped him so hard that his blindfold was dislodged, revealing the identity of his tormentor: Suleiman.
Frustrated that Habib was not providing useful information or confessing to involvement in terrorism, Suleiman ordered a guard to murder a shackled prisoner in front of Habib, which he did with a vicious karate kick.
In April 2002, after five months in Egypt, Habib was rendered to American custody at Bagram prison in Afghanistan - and then transported to Guantanamo. On January 11, 2005, the day before he was scheduled to be charged, Dana Priest of the Washington Post published an exposé about Habib’s torture. The US government immediately announced that he would not be charged and would be repatriated to Australia. ....
