David Hicks And The Continuing Sham At Gitmo
1fastdog.
Posted to Legal on Mon Apr 02, 2007 at 02:12:59 PM EST (promoted by port1080). RSS.
Guantanamo Bay inmate David Hicks was sentenced on Friday to seven years' prison for supporting a terrorist organization, yet he will serve only nine months of his sentence according to a plea deal struck with his US prosecutors. He will also be returned to Australia no later than May 29 to serve the remainder of his sentence, and could be free by the end of the year.
So there you have it. David Hicks, supposedly such a threat to the world-at-large that he was kept under wraps at Guantanamo Bay for the past five years, will be a "free" man in nine months.
The extremely favorable sentence handed to Hicks has already sparked outrage and once again casts the Bush administration as perpetrators intent on granting seedy political favors to its Australian allies rather than allow the proceedings to follow their own path: The Defense Department's lawyer, Susan J. Crawford, walked directly over her prosecutor's heads straight to the defense team and cut the pre-trial deal that is now allowing Australian Prime Minister John Howard, a sigh of relief as Hicks' continued imprisonment was making for problems for the Australian government.
Hicks is under a gag order - apparently inserted at the request of the Australian government - and will be in prison until just after the federal elections in Australia later this year, leading to intense speculation of political tom-foolery:
There is an unmistakable stench of political expediency to the terms of the plea bargain, in particular the extraordinary 12-month gag order that prevents Hicks from speaking publicly about the actions to which he has pleaded guilty or the circumstances surrounding his capture, interrogation and detention. The gag also silences family members and any third party. While no one would suggest Hicks should not be allowed to sell his story, a blanket gag order that extends beyond the period of incarceration is a disturbing erosion of free speech. And the fact it is only in place for one year gives a clear impression its main purpose is to keep Hicks quiet until after the federal election.
While Australian Treasurer Peter Costello notes that Hicks isn't and shouldn't be considered a hero,
the obvious political intent and subsequent light sentencing are perhaps undermining the past association between Hicks and al-Qaeda. Also being undermined according to legal experts, is the entire concept of military tribunals as a way to mete out justice:
Friday's "machinations" in the Hicks trial and international reaction to the hand-slap sentence "suggest the accuracy of Gates' Thursday testimony about global perceptions of the military trials held at Guantanamo," said University of Richmond law professor Carl Tobias.
Legal analysts condemned the first completed case as fresh evidence that the detention and prosecution are unjust and immoral.The Hicks deal followed by only a day Defense Secretary Robert M. Gates' expression of concern before a congressional committee that because of Guantanamo's reputation in the world, the tribunal verdicts were going to lack credibility.
So, David Hicks becomes the first result of war-crimes trials at Gitmo and what precedent was set exactly - that political pandering triumphs justice or that the whole thing was sham from the get-go? One has to wonder:
If Hicks was such a menace to Western security, as the U.S. government has alleged since his arrest in December 2001, asked staff attorney Ben Wizner of the American Civil Liberties Union, "why was he given a sentence more appropriate for a drunk-driving offense?"
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