Justice for Hicks and Habib

To the Honourable the President and Members of the Senate in Parliament assembled:

We, the undersigned are deeply concerned about the human right abuses that Australian citizens David Hicks and Mamdouh Habib continue to suffer at the hands of their US military captors in Guantanamo Bay, Cuba.

We are aware that these men are kept in 6 by 8 foot cells, that they are allowed only hour per week for exercise, and have been cut off effectively from the outside world, including from their Australian and US legal counsel.

We are aware that these men have been subjected to ongoing interrogation since their capture.

We are concerned that these men have been held without charge. This is against the basic tenants of Australian and US law and is in contravention of the Geneva Convention guidelines applying to prisoners of war.

We are particularly concerned about the deteriorating psychological condition of these men, who subjected to such conditions and interrogations may confess to anything to be released from their cages.

We have been told these men will receive a fair trial and that the death penalty will not be imposed.

We have been given no assurance, however, that if found guilty they will not be returned to similar deplorable conditions to exist for the rest of their lives.

Given the lack of transparency and due process since their capture, we as fellow citizens of Australia and the world have little confidence in the potential of fairness in these trials, nor in any sentences that may be imposed.

We call on the senate of the Australian parliament to:

Speak out against the gross violations of the human rights of David Hicks and Mamdouh Habib;
Explore and support all possible legal avenues to allow these men to be repatriated to be charged, tried and if necessary imprisoned under Australian law;
Call on Prime Minister Howard, Foreign Minister Alexander Downer and Justice Minister Chris Ellison to continue to negotiate a repatriation agreement with the US;
Insist that these men are afforded as a minimum the human rights conditions as outlined in the Geneva Convention guidelines applying to prisoners of war;
Ensure that the all public statements by parliamentarians regarding these men do not contain bias or presumptions of guilt
Openly recognise these men as fellow Australians who have the same rights to justice that all Australian citizens enjoy.