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Guantanamo: David Hicks Sentenced to Nine Months

A Guantanamo military tribunal today approved a plea agreement between Australian David Hicks and the military and sentenced him to serve 9 more months, most of which will be served in Australia.

The sentence came at the end of a long day in Guantánamo’s military commission courtroom and followed the deliberations of an eight-member panel of military officers. Having deliberated for two hours, the panel returned at 8 p.m. with a sentence of seven years, the maximum it was permitted to impose under the deal in which Mr. Hicks pleaded guilty on Monday.

But the deal also provided that he actually serve the lesser of nine months or whatever sentence the panel arrived at. The balance of the seven years that could have been imposed is considered suspended.

The agreement for just nine additional months of imprisonment was remarkable for a detainee who, before the plea negotiations, had faced a potential life term and had become an international symbol of many of the 385 detainees here.

What did Hicks have to give up?

More...

The deal included a statement by Mr. Hicks that he “has never been illegally treated” while a captive, despite claims of beatings he had made in the past. It also included a promise not to pursue suits over the treatment he received while in detention and “not to communicate in any way with the media” for a year.

TTo me, the fact that the military forced him to make those concessions is in itself suspect. I'll look forward to buying his book when the year is up.

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    this is so transparent (5.00 / 1) (#1)
    by cpinva on Sat Mar 31, 2007 at 12:22:57 AM EST
    it's almost funny. i look forward to the "made for tv" movie.

    Ethics -requiring forfeiture of civil claims (5.00 / 2) (#3)
    by lindalawyer on Sat Mar 31, 2007 at 07:17:01 AM EST
    The military prosecutors forgot legal ethics #101, that you cant use the threat of criminal prosecution, to seek withdrawl of a  civil claim.
    The fact that its even an issue---that the government believes he would want or has a claim for torture, abuse, false imprisonment, etc. suggests that there was a concern and the gov continues to be a bully.

    legal ethics (none / 0) (#13)
    by zaitztheunconvicted on Sat Mar 31, 2007 at 08:39:24 PM EST
    Most of the plea deal seems to consist in the abolition of civil rights and civil claims.
    If this is wrong, can he just ignore the deal and sue?

    Parent
    lemme guess - (5.00 / 1) (#4)
    by scribe on Sat Mar 31, 2007 at 08:05:34 AM EST
    the part of the sentence to be served in Oz won't start until after the coming elections there, right?  

    The elections where the Bush lackey PM is looking to take a beating in the polls, right?

    And he won't be shipped there until after, too?

    This deal has "preserve a Bush-friendly government in Australia by 'leniency'" written all over it.

    And I, too, look forward to the book/movie.

    And, it looks like Major Mori, whom the colonel in chief of these drumhead farces took so much time and effort to condemn, may have been condemned for doing a really, really good job.  In other words, professional jealousy, much?

    Gag Me with a (Slotted) Spoon (5.00 / 2) (#7)
    by Peter G on Sat Mar 31, 2007 at 12:02:20 PM EST
    Hicks's father is pointing out that the "deal" doesn't bar him from discussing what his son went through, as told to him by his son, during the gag year.  

    Thank God for terrific Dads! (none / 0) (#9)
    by Militarytracy on Sat Mar 31, 2007 at 01:18:12 PM EST
    All terrific dads please take a bow.

    Parent
    a kiwi friend with an experienced and keen eye for (5.00 / 1) (#8)
    by conchita on Sat Mar 31, 2007 at 12:48:25 PM EST
    politics writes about Australia's election and Hicks:

    Australia will be interesting as the leader of the opposition Kevin Rudd has given a guarantee that all troops will be pulled out of Iraq the moment he takes office at the end of this year (which he almost certainly will).

    ...

    The only heartening thing about all this is that the a*** have lost their ability to read the electorate, hence influence it.  The Hicks tragedy is a case in point.  That poor kid's torture and continued incarceration is quoted by many australian voters as being a major factor in their decision to move their support away from Deputy Johnny Howard,  it became obvious that it was his decision which was keeping the kid in Gitmo ( see recent German scandal, it is becoming apparent around the world that the inmates' home countries are often complicit in their imprisonment at Gitmo).

    ...

    The way that Hicks' release from Gitmo has been engineered to make it appear as if the p*** were justified in keeping him locked up has upset australians even more.  That is his guilty plea is being interpreted as proof he was/is tortured.  The response, which is to insinuate that if he wasn't actually guilty but said he was just to get out so therefore can be charged with perjury, if he does sue his way out of jail once he gets back to Oz, is playing even worse with Australians who are now firmly of the opinion that he deserves a 'fair go'.

    There is nothing that Howard or the [U.S.] can do.  Any attempt they make to twist reality will now be seen as such and Howard is unable to do the only thing which can relieve the pressure which is bring the kid home and let him go, preferably with a couple of hundred grand to get back on his feet.

    If he brings Hicks home before the Australian election the habeas corpus suit to free Hicks because whatever he signed was signed under duress; will begin in a maximum of publicity.  If he leaves Hicks in Gitmo until after the election people will go crazy while the opposition will be able to make an election promise to bring Hicks home.

    The australian media is already rushing around trying to justify what has happened to Hicks but that won't work either.  people who live in the nation that engendered Rupert Murdoch have learned to disbelieve what their media tells them.  this is kind of complex and goes to the heart of the dissident australian psyche, it seemed for a time that australian middle classes had become as gullible as bourgeoisie elsewhere, but I spent some time in Oz over the summer and the resurgence of the old distrust of the establishment is quite astounding.

    Nothing will save Howard ,so the only question is whether Rudd is on the level or if he is just another a****.  Unfortunately I suspect the latter is the case.

    His description of the Australian distrust of Howard and the Murdoch machine is enheartening and gives me hope that the tide is turning here and there.   However, with respect for the rules I did edit a bit of his post and left out some of his comments about his skepticism about Rudd being a true antidote to Howard's lapdog relationship with the U.S.

    WSWS: kangaroo court convicts David Hicks (5.00 / 1) (#20)
    by Andreas on Sun Apr 01, 2007 at 04:16:56 PM EST
    The strenuous efforts to dress up proceedings cannot disguise the fact that the entire affair is a legal charade designed to justify the Bush administration's phony "war on terror." The plea bargain itself smacks of a dirty deal between Washington and Canberra. One of its key aims is to bolster the fortunes of the Howard government in upcoming national elections later in the year by wiping the issues of David Hicks and Guantánamo Bay off the political agenda. ...

    Major elements of the plea deal are specifically designed to muzzle Hicks in the lead up to the Australian election. He cannot speak to the media for a year and, following that period, must hand over to the Australian government any proceeds he earns from telling his story. Referring to the barbaric feudal practice used to silence opponents, Michael Ratner, president of the Center for Constitutional Rights, told the New York Times: "It is a modern cutting out of his tongue." ...

    The 31-year-old Australian has complained of maltreatment and clearly bears the signs of psychological, if not physical, torture. Nevertheless, as part of the plea deal, he has been compelled to declare that he has "never been illegally treated by any persons in the control or custody of the United States." He has also been required to give an undertaking that he will not sue the US government for any illegal treatment. The very fact that the Pentagon made a point of insisting on these clauses indicates that it has flouted international law and maltreated Hicks and other prisoners.

    Guantánamo's kangaroo court convicts Australian David Hicks
    By Peter Symonds, 31 March 2007

    worst of the worst? (4.00 / 1) (#2)
    by TKindlon on Sat Mar 31, 2007 at 06:55:38 AM EST
    So now that the "tribunal" has begun its due process free charade how do we find out whether Hicks was the worst of the worst of the worst or if he's just the first-up worst or just a garden variety worst?

    Kangaroo Court Test Case (none / 0) (#14)
    by Peter G on Sat Mar 31, 2007 at 09:34:11 PM EST
    Hey, Terry, did it strike you as ironic that the military chose an actual former kangaroo skinner to be the test case for their new "due process free" (well said, bro) kangaroo court system?

    Parent
    How horrible (4.00 / 1) (#5)
    by Militarytracy on Sat Mar 31, 2007 at 08:41:32 AM EST
    He can never benefit from sale of his story either.  Everything having to do with military tribunals and "deals" has gagged the person charged in these times.  Even soldiers refusing orders who get brought up on charges can usually deal out of the mess but can never speak about what happened, it's always part of the deal right now.

    Hick's Father won't stay quiet (4.00 / 0) (#10)
    by Bobb999 on Sat Mar 31, 2007 at 03:55:52 PM EST
    Maybe David Hicks has a gag order as far as speaking to the media, but his Dad is mad as hell,IS talking  to the media. He's determined to expose the perceived injustices meted out to son, including alleged physical abuse.

    Why would the US gov't put together such an agreement, including a surprisingly light sentence (he could have gotten life, not a mere 9 months), if Hicks' complaints about abuse by US authorities weren't legit, based on fact?

    Abuse, and illegality of torture, will be an ongoing issue affecting case after case of accused Gitmo prisoners.

    This story isn't likely to go away, much as the Bush admin. might hope it will.

    Studious silence (1.00 / 1) (#11)
    by jarober on Sat Mar 31, 2007 at 04:52:59 PM EST
    Amazing how TL nitpicks Gitmo, but when Iran commits an act of war in Iraqi territorial waters - and then violates the Geneva convention in their treatment of the sailors they grabbed - we get utter silence.

    For the left, rules don't apply to the enemy - only to us.

    parsing the BS (5.00 / 0) (#12)
    by Sailor on Sat Mar 31, 2007 at 05:54:35 PM EST
    TL nitpicks Gitmo
    Well, excuuuuse me, but Gitmo is contrary to the GenCons, The Convention Against Torture, and the US Constitution. Yeah, right, nitpicking constitutional and international war crimes.

    Iran commits an act of war in Iraqi territorial waters - and then violates the Geneva convention in their treatment of the sailors they grabbed
    How amusing, 3 of the the sailors involved admitted their guilt ... unless you think their confessions were obtained thru torture!? BTW, the US allows testimony obtained thru torture.

    BTW, the US has paraded many captives on TV ... where was your outcry then of breaking international laws!?

    Parent

    DA (1.00 / 1) (#22)
    by jimakaPPJ on Sun Apr 01, 2007 at 07:33:46 PM EST
    Perhaps you can tell me what is the name of your blog??

    I mean you are talking about your blog, aren't you??

    Of course the point, as you know, is the hypocrisy   of the Left in crying over the terrorists and their helpsers imprisoned in GITMO while saying nothing about the British sailors.

    Please do not feed the troll (5.00 / 1) (#23)
    by Andreas on Sun Apr 01, 2007 at 08:45:42 PM EST
    .

    Parent
    I'm gonna print and frame this (1.00 / 1) (#24)
    by jimakaPPJ on Sun Apr 01, 2007 at 09:18:48 PM EST
    Andreas calling someone a troll...

    The wide wide world of ex-communists who call themselves socialists are calling me a troll...

    I have arrived, people!

    Please, my sides are aching with laughter.

    Parent

    jeez, (5.00 / 1) (#25)
    by conchita on Sun Apr 01, 2007 at 09:54:57 PM EST
    don't you have anything better to do with your time?  

    Parent
    That line (none / 0) (#28)
    by Pancho on Wed Oct 17, 2007 at 12:13:10 PM EST
    that Squeaky finds to be so brilliant, "please don't feed the troll" is one of the most juvenile and ridiculous lines I have ever heard. Grow up!

    Parent
    WTF (none / 0) (#29)
    by squeaky on Wed Oct 17, 2007 at 12:20:17 PM EST
    Not sure where you got that but obviously you are hungry.

    Parent
    Where I got it is quite simple: (none / 0) (#30)
    by Pancho on Wed Oct 17, 2007 at 12:22:48 PM EST
    You rated the moronic comment a "5". Understand now?

    Parent
    OK (none / 0) (#31)
    by squeaky on Wed Oct 17, 2007 at 12:30:09 PM EST
    I underestimated your condition: you are starving.

    Parent
    You are ever so clever! (none / 0) (#32)
    by Pancho on Wed Oct 17, 2007 at 12:47:04 PM EST
    Bravo Squeaky!!!

    Parent
    He's not allowed to ... (none / 0) (#6)
    by Sailor on Sat Mar 31, 2007 at 10:40:12 AM EST
    ... even talk to the press:
    Under his plea deal, the 31-year-old forfeited the right to appeal or sue the US government and he agreed to a 12-month gag preventing him from speaking with media


    sigh... (none / 0) (#15)
    by jarober on Sat Mar 31, 2007 at 09:40:01 PM EST
    Sailor - what I see here is that you will take the word of the enemy (prisoners at Gitmo who claim to have been tortured) before you'll take that of our government.  I also see that you trust Iran more than you trust the US - you could read numerous accounts of how the hostages were treated in 1979 (another act of war by Iran, btw) - you don't think the current captives fear similar treatment?  Wouldn't you?

    heaving a heavy scythe (none / 0) (#16)
    by Sailor on Sun Apr 01, 2007 at 01:17:06 AM EST
    Sailor - what I see here is that you will take the word of the enemy (prisoners at Gitmo who claim to have been tortured) before you'll take that of our government.
    Torture at gitmo was proved, there are pics, movies and fbi testimony.

    Hicks is under a gag order until after AU elections ... just a coincidence I'm sure.

    Bush, rumsfeld, rice, cheney and powell all lied about the iraq war, that is also proven.

    America does torture as a policy, rummy & abu gonzales wrote the policy, it was implemented. There are pictures, movies and testimony by investigators.

    So when brit politicians say the brit sailors were in iraqi waters and the sailors themselves admit they were in iranian waters, I think I'll go with the folks who were actually there.

    Unless you are saying their testimony was coerced and coerced testimony is undependable. Which is funny because the military tribunals rely on it.

    Parent

    Sailor (1.00 / 1) (#17)
    by jimakaPPJ on Sun Apr 01, 2007 at 09:12:27 AM EST
    Whether GITMO is true or not has nothing to do with the fact that you, the Left, and your dear leader Nancy P, has done nothing to support the 15 British sailors.

    That tells the world exactly where your head and heart is.

    Parent

    sure I support them ... (none / 0) (#18)
    by Sailor on Sun Apr 01, 2007 at 11:07:16 AM EST
    ... I want them home the same way I want all the troops. Your ilk however just wants them to keep dying for lies while being under equipped, poorly trained and if they're lucky enough to only be wounded you want them to die from red tape.

    Parent
    Sailor, you are a known quantity. (none / 0) (#21)
    by jimakaPPJ on Sun Apr 01, 2007 at 07:15:45 PM EST
    You always support them AFTER someone points out that your bias is showing.

    Parent
    Omg (none / 0) (#33)
    by boban on Sat Jan 12, 2008 at 09:24:56 AM EST
    Omg lol, you must use it easy guy !
    relax music