Stalinist theatre

Robert Richter QC, The Age, April 1:

David Hicks is coming home. At what price? Let us take stock. The charade that took place at Guantanamo Bay would have done Stalin’s show trials proud. First there was indefinite detention without charge. Then there was the torture, however the Bush lawyers, including his Attorney-General, might choose to describe it. Then there was the extorted confession of guilt.

Whatever Hicks may have done, the theatre of a voluntary plea of guilty when the choice is “rot in hell or say it’s true so you can go home” is worthy of The Grand Inquisitor. In Stalin’s as well as the German show trials of the 1930s, the essence of the display was the public confession, followed by the sentence. The Iranians and al-Qaeda still practise it, but isn’t that why we declared a War on Terror?

Then there was the silence. In the show trials, it was enforced by execution. In this instance it is enforced by threats of further punishment in both the US and Australia. The implications of the gag are staggering when added to the wholesale destruction of the rule of law.

Hundreds of years of what constituted the rule of law have been jettisoned so that Howard, Ruddock and Downer can pretend that Hicks is off their election agenda. Forget habeas corpus. Forget retrospective legislation. Forget coerced evidence and confessions. Forget commissions in which guilt has been predetermined. Forget prosecutors being judges in their own cause.

It’s OK as long as those who aided and abetted the destruction of these principles are back in office and remain unaccountable and can perpetuate the lie. If they lose office, the true story will emerge — but may no longer have impact. 

2 Responses to “Stalinist theatre”


  1. 1 Andre

    From Raw Story:

    David Hicks has admitted that he did take the side of the Taliban in the Afghanistan War, weeks after the September 11, 2001 attacks, and that he did go to the front lines.

    For two hours.

    He then fled, catching a cab back to Pakistan. He was then captured by the Northern Alliance and sold for a bounty to American forces.

    As part of his plea deal, which meant the US military prosecutors did not have to ultimately present evidence to back up their claims in a court, Hicks has admitted to a fleet of so-called terror-related charges. Lawyers have claimed that none of the claims made against him by the US Military prosecutors were crimes in Australia or the United States when Hicks first entered Guantanamo Bay in early 2002.

    One of the more surprising bits of news some media are reporting from today’s hearing is that Hicks has agreed to provide information on other alleged terrorists and will testify against them.
    Presumably, Hicks has already given interrogators this information, sometime during the five years he spent in Guantanamo Bay.

    Almost as interesting as the charges he said “Yes” to in last night’s military tribunal were the charges Hicks denied, during the course of the plea agreement negotiations, which the prosecution were then forced to drop.

    In exchange for dropping some charges and claims, the US Military prosecutors got their conviction and Hicks has been sentenced to seven years imprisonment, five years of which are expected to be considered as time already served in Guantanamo Bay.

    Meanwhile, Bush and Blair have the gall to keep a straight face while they feign outrage at the treatment of British Troops.

  1. 1 American Kangaroo Court for an Ozzie at Antony Loewenstein

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