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The Forum > Article Comments > Hicks: guilty means guilty, sort of ... > Comments

Hicks: guilty means guilty, sort of ... : Comments

By Mirko Bagaric, published 28/3/2007

Speculation about David Hicks' actual guilt is pointless.

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DB, what an absolutely ridiculous question to ask. Japan and Germany invaded other nations. In fact, the Japanese attacked the US directly and being an ally of the US, we joined them in their struggle against this invader and aggressor. We fought the Germans because our ally (the UK) declared was on the invading German army.
Where did the Taliban invade or attack? Afghanistan was invaded because the Taliban refused to handover Osama bin Laden. Osama bin Laden was not a member of the Taliban, he was/is a Saudi.

Yes, he was running training camps to train people to fight and undermine the nations of the West - something did need to be done. Yes, a lot (not all) of these camps were in Afghanistan - but there were also camps in Pakistan.

The US invaded the country of Afghanistan. Under internal law, under the terms of the UN, illegally. As such, the entire 5 year ordeal that David Hicks has endured has been illegal under international law.

David has never been classed a POW - he was classed an 'Enemy Combatant'. 'Enemy Combatants' under the US regime do not receive the rights of a POW set out under the Geneva Convention. Rights the Americans have agreed to by signing this convention and by being a member (arguably the most powerful member) of the United Nations.

Aqvarivs, at no stage is David Hicks a hero of mine. He was an idiot that got caught in a situation he wasn't prepared for. But the man is supposed to have rights. He was caught by an invading army, with no UN backing (at the time), and held.

As for honouring real soldiers. You have absolutely no idea do you? I have friends and family who have fought in wars for this country (from WWII to Vietnam), and performed peace keeping missions (Somalia and Papua). Don't you dare accuse me of not honouring 'real soldiers'.

Interesting you call David a 'victim' though.
Posted by Kasra, Thursday, 29 March 2007 8:03:07 AM
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The people on the "execute Hick, he's a guilty terrorist" don't seem to have understood what us on the other side have been arguing. I have never argued that Hicks is innocent. I have only ever argued that he should receive a fair trial and should not be charged retrospectively.

The military commisons were not fair, due process. Laws were written by prosecutors for heavens sake! If David Hick was staring down the barrel of a life sentance in a legal system where the odds were stacked against him, after 5 years of imprisonment, I would have expected a plea bargain.

Everybody, regardless of their alleged crime, has the right to a fair trial. David Hick would not have received a fair trial had he faced the military commisons. This is what my beef with the Hick case has been all along.
Posted by ChrisC, Thursday, 29 March 2007 8:06:28 AM
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Traiters are quite confronting for us all; our more base instinct is to lock them up and throw away the keys.
But, listen carefully to the link above provided by Chris Shaw of Professor McCoy. At the very best, David Hicks was stupid to the Nth degree it would appear; but nobody deserves to be treated with the psychological torture being perpetrated by the USA on their guests in Cuba.

David Hicks has pleaded guilty but under the circumstances it's not surprising.

It would appear that as a civilisation we have come no further than the 19th Century when young children worked in mines or swept chimneys for next to no pay. Regardless of what people have done they should be treated with some dignity in the judicial system not put in front of a Kangaroo Court where the only verdict is going to be guilty.

In my lifetime I did not expect to learn that torture is permissable, or, that there is a new meaning for "rendering".
Posted by ant, Thursday, 29 March 2007 9:13:09 AM
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Boaz - based on your expectations of Mr Hicks all Muslims would be required "languish for the rest of his days in a down market low cost prison " - surely if Hicks needs to denounce thjose tenents so do all others - in order to repent and save their souls I mean.

I can only then assume that from that you also belive Christian nogoodnicks - murderers, rapists and the like are only required to langusih in up market higher costs prisons?
Posted by sneekeepete, Thursday, 29 March 2007 9:36:39 AM
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Kasra, "He was an idiot that got caught in a situation he wasn't prepared for. But the man is supposed to have rights. He was caught by an invading army, with no UN backing (at the time), and held."

Way to excuse Hicks. Your so hooked up with the Leftie nonsense that simple truths evade your victim mentality. David Hicks is a self professed terrorist trained in al_Qeada camps as a terrorist and sent to a foreign country to commit acts of terrorism against a people, a government. The Americans, Canadians, Polish, and German armies with the assistance of the U.N. are there to bring democracy to a country torn apart by Islamic Taliban authoritarianism. Hicks was captured by Afghani soldiers while guarding a tank positioned for use as artillery against their positions. He was taken POW at that time.

None of your crap is anywhere near the truth and the constant cry from the You Lefties of Hicks being tortured in Gitmo is not supported by his Lawyers who state that there was no torture of Hicks. His last Lawyer said Gitmo would be equal to any supermax in the U.S.
Further, two Muslim detainees who were released before Hicks trial began said that Hicks was self abusive and often banged his head against the cell bars and talked about suicide a lot. They also added that Hicks was not a very good Muslim in practice. Hicks is leaving Gitmo, dragging his fat butt back to Australia(after denouncing his citizenship) to your parade and statue unveiling leaving behind a reputation as a CIA rat plant.

If by BS and excusing terrorism is your way of supporting real soldiers keep it to yourself. A real person would be too ashamed to write such tripe in support of Hicks. If you want to rant on about the Military Tribunal not being an Australian Civil Courts hearing, that's up to you. That you don't understand why it isn't goes for why you can't or wont understand what the Tribunal is for.
Posted by aqvarivs, Thursday, 29 March 2007 11:04:42 AM
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Wow...Kasra. I am shocked at your level of disgusting immoral nonsense. The Taliban gave state protection to Al Qaeda. Worse than that, they were a vile oppressive government that was second to none in it's disgusting treatment of woman.

Why are you so anti-female?
Posted by Grey, Thursday, 29 March 2007 11:23:27 AM
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