The Gitmo Circus

US Gov't Places Unenforceable Gag Order on Former Prisoner

The Gitmo circus rages on with antics rivaled only by Barnum & Bailey and intricate choreography ala Cirque de Soleil.

From a story in yesterday's Sydney Morning Herald -

David Hicks could be sent back to Guantanamo Bay to serve the rest of his seven years term if he breaches his pre-trial agreement by speaking to the media, his military lawyer says.

Major Michael Mori today said Hicks was focused on returning to Australia and could not have asked for a better sentence than going home within 60 days.

Hicks, who has spent five years in the US' military prison at Guantanamo Bay, Cuba, after being captured in Afghanistan in late 2001, last week pleaded guilty to a charge of giving material support to terrorists.

Under a plea deal negotiated between Hicks' lawyers and the US military commission, he will be returned to Australia to serve nine months in an Adelaide prison before being set free.

He also agreed not to speak to the media for a year or allege he was mistreated while in detention.

Major Mori today said that if Hicks breached any of the conditions in the plea bargain - such as by speaking to the media - he could be forced to serve out the entire seven-year sentence, that is to be suspended after the nine months.

"Violating many of the provisions of pre-trial agreement actually could require him to serve the remainder of the sentence hanging over his head," Major Mori told the ABC's 7.30 Report. "He could potentially be brought back to Guantanamo to serve it."

Just one problem, as reported in today's edition of the Morning Herald -

THE gag on David Hicks speaking to the media for 12 months would not be enforceable in Australia, the Attorney-General, Philip Ruddock, admitted last night.

Mr Ruddock said Australia had no law making it a crime for Hicks to talk, and the United States would be able to act on a breach only if Hicks came "within their reach".
-snip-

. . . later, speaking on the ABC's Lateline he said that for Australia to agree to an extradition, a charge similar to the one laid overseas must exist under Australian law. "In Australia, we have a position about freedom of speech."

Asked if the gag order meant nothing, and Hicks would be able to speak to the media, Mr Ruddock responded: "I suspect you are probably right."

Mr Ruddock said the US included the clause in the plea bargain and it was a matter for the US, Hicks, his prosecutors and his counsel. "I don't think it's a matter for us to enforce," he said.
-snip-

Hicks's father, Terry, has expressed his outrage that the gag order extends to him, and constitutional law experts have said that it breaches Australia's fundamental guarantees of free political discussion.

Read more in our previous post on Gitmo that highlights the efforts of Amnesty International to shut down the shining example of American hypocrisy and human rights infringement.