It’s hard to think of an Australian individual since 9/11 who has experienced more humiliation and abandonment by the federal government than David Hicks. Julian Assange, who declared he felt abandoned by the Australian government, perhaps comes close. As they both found out, an Australian passport is no guarantee of protection against a superpower determined to aggressively impose its will.
Hicks is currently launching legal proceedings in the US to overturn his 2007 conviction for providing material support for terrorism – a crime he and his legal team say does not exist. A 2012 ruling in a US appeals court found that a similar conviction against Osama bin Laden’s former driver, Salim Hamdan, was invalid because US law did not recognise material support for terrorism as a war crime at the time Hamdan engaged in the activity for which he was charged. Both Hicks and Hamdan were prosecuted under a 2006 law, and the US appeals court ruled that its retroactive application was illegal. Hicks is now trying to follow Hamdan in having his conviction quashed.
Here’s what we know about Hicks. He was born in Adelaide in 1975 and worked various jobs across Australia. He converted to Islam in the 1990s, stating he wanted to be around people who “shared his desire for belonging”. Drawn to what he saw as the oppression of Muslims in foreign lands, he left for Albania to join the Kosovo Liberation Army. By late 1999, he visited Pakistan to study Islam. In early 2000, Hicks joined the radical militant group Lashkar-e-Taiba (LET), and received training to fight Indian forces in Kashmir. He wrote in a letter that “there are not many countries in the world where a tourist, according to his visa, can go to stay with the army and shoot across the border at its enemy, legally”. He was in Afghanistan in September 2001 and, though he had no knowledge or involvement in the 9/11 terror attacks, he was captured and sold to the US for $1,000 and subsequently flown to Guantánamo, where he remained without valid charge.
Hicks maintains he was interrogated, tortured and held in isolation for nearly six years in Guantánamo – including 244 days in solitary confinement in a closet-sized cell without sunlight. He says he was also experimented on by US military doctors during his incarceration (a new study by The Task Force on Preserving Medical Professionalism found that doctors tortured suspected terrorists at Guantánamo Bay). Amnesty International maintains that Hicks was illegally detained without fair trial for years, and that when he did have one, the military commission he appeared before never met international standards for fair trials.
This didn’t stop Australian commentators from baying for blood, however. In 2011, News Limited’s Miranda Devine dismissed any critics of Guantánamo’s detention practices as whingers. Those thinking that “suspected terrorists” being “smacked around a bit” constituted overly harsh treatment were naive, she wrote. In other words, Hicks deserved what he got. When Hicks was still in Guantánamo Bay in 2007, Devine also referred to him as “a well-trained terrorist, an al-Qaida ‘golden boy’… and the enemy traitor when Australian troops were on the ground [in Afghanistan].” For years Hicks was primarily referred to in the corporate press as a “terrorism supporter” by Murdoch columnists such as Tim Blair – fair trial be damned.
Repeat government smears against individuals deemed suspect is nothing new. During the Cold War, many reporters were happy to be spies and display their deluded patriotic duty. Australian citizen and journalist Wilfred Burchett, who dared investigate the “other side”, was denied his passport for years because he refused to play the insider game of praising the capitalist west. In the “war on terror”, we see a new generation of journalists who blindly re-hash propaganda dressed up as fact about war, illegal detention and intelligence.
There is documentary evidence suggesting that in 2007, former prime minister John Howard asked the US to manage the Hicks issue. Colonel Morris Davis, the former chief prosecutor of military commissions, told US journalist Jason Leopold in 2011 that he had concerns about the Bush administration charging Hicks. There was “no doubt in my mind”, Davis added, that “this was an accommodation to help Howard by making the David Hicks case go away [in an election year].” The alleged political fix, which was always denied by Howard, bothered the vast bulk of the Australian population.
It’s perfectly legitimate, indeed crucial, to ask Hicks tough questions about his background, his belief in the Taliban and his nauseating old letters denigrating Jews and praising bin Laden. But none of this justifies long-term jailing, torture and psychological abuse. Colonel Morris Davis told the Australian in early November this year that the treatment meted out to Hicks at Guantánamo was “at least as good, if not better” than towards other detainees. It was an absurd statement – suggesting that Hicks may have been tortured, but it could have been worse.
Hicks tells me that his lack of both education and friends caused him to “make some unfortunate decisions” before 9/11. He says he now far better understands the world and reads widely. “I always wanted to help people”, he says, “but today it’s not through resistance, though the Australian government uses violence and sends troops to fight in various wars.” He condemns the vast bulk of the media for following the lies told about him for all these years. “Nobody is calling for accountability or a royal commission [about my case]. I would support this or a full judicial review.”
Although he has no contact with the other former Australian Guantánamo captive Mamdouh Habib, he rightly believes that he deserves monetary compensation, like Habib received, for his years of suffering. He’s not currently pursuing a compensation claim, but it’s something he hopes will happen one day soon.
Today, Hicks works as a panel-beater in Sydney and fears leaving the country. “I have a passport”, he says, “but with the targeting of individuals who supported Edward Snowden, including Glenn Greenwald’s partner David Miranda in London, I’m scared of traveling. If the US can go after them, and they’re big names, they could get me in spite.”
Justice for Hicks – through a formal apology and legal readdress – is vital to restore a modicum of Australian credibility. Heads should roll. Careers should end. Dignity can only be restored if apologies and compensation are offered.