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By JAMIE TARABAY, Associated Press Writer SYDNEY, Australia - Two Australians
are being held without charge by the U.S. military at Guantanamo Bay.
But their government says it can't and won't bring them back for trial
— even though citizens of other countries have been sent home from the
prison camp.
Denmark and Britain, like Australia, are partners in the U.S.-led
war on terror, and have successfully applied to the United States for
the return of their nationals — six of some 660 detainees from 44
countries held at the base in eastern Cuba. All five British suspects were set free after arriving this week,
as was the Dane. But Australia has resisted calls from local politicians and
relatives of the two men — David Hicks and Mamdoub Habib — to do the
same. The government says it can't put them on trial here because
current anti-terror laws were not on Australia's statute books at the
time of their capture. That has enraged Hicks' family in the southern
Australian city of Adelaide. "You hear the British demanding their people back, and
they're negotiating," Hicks' father Terry said recently. "So
what I'd like to know is: What the hell has the Australian government
been doing?" So far, neither Hicks nor Habib has been charged. And, only Hicks
has been slated to stand before an American military tribunal. He's also
one of only two Guantanamo Bay inmates to have been appointed a lawyer
by the Pentagon (news
- web
sites). Hicks' U.S. military attorney Maj. Michael Mori, who is in
Australia this week to generate support for his client, fears that
process will not deliver justice. "He's facing a process that's stacked against him," Mori
told Australia's Sky News. Like Britain, Australia is one of America's closest allies and
committed troops to Iraq (news
- web
sites) and Afghanistan (news
- web
sites). Last year, President Bush (news
- web
sites) lauded Australia as Washington's "sheriff" in the
Asia-Pacific region. Australian Prime Minister John Howard repeatedly has said he's
happy to let the U.S. military justice system deal with Hicks and Habib,
who are both suspected of having links with Osama bin Laden (news
- web
sites)'s al-Qaida terror network. Hicks, 28, a former ranchhand and convert to Islam, was captured
by U.S. forces in Afghanistan in late 2001. Habib, 47, was arrested in
Pakistan three weeks after the Sept. 11, 2001, attacks. Both suspects' families deny they are terrorists or affiliated to
terror groups. Habib has claimed that he was only in Pakistan searching for a
school for his children, who live with their mother in Sydney. Ross Babbage, a regional security analyst at the Australian
National University said he believes Australia has been told by the
United States that the case against Hicks is strong, but that trying him
in an Australian court could undermine it. U.S. authorities have said they won't seek the death sentence if
Hicks is convicted. Australia's parliament also passed a law that would
allow Hicks and Habib to serve prison time in Australia if they are
charged and convicted in the United States.
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©-free 2003 Adelaide Institute