Languishing in Guantanamo - Australia's disgraceful attitude.

There are Moroccans in Guantanamo and the fate of those languishing in there is not an enviable one. Held in legal limbo in a situation illegal under international law, they have no recourse to natural justice. Time and again jurists from around the world have condemned the situation and now the US courts have determined that the so-called "trials" that were to have been held are illegal.

Yet the Americans refuse to close this disgraceful place. While a majority of countries have fought for the release of their nationals, there is one glaring exception - Australia. The country only has one citizen in illegal custody, and far from trying to release him, the Prime Minister, John Howard, is actually demanding that he stay and be tried.

David Hicks

The man's name is David Hicks and, by all accounts, he was simply a naive young man in the wrong place at the wrong time when America, Australia and Britain launched their so-called "war on terror". Hicks has been in detention for almost five years and despite nationwide calls for his release, the Prime Minister has stubbornly refused to bring home Hicks, a 31-year-old Muslim convert who is accused of fighting alongside Taliban forces in Afghanistan - an act not illegal under Australian law.

Prime Minister John Howard says he has no sympathy for an Australian terror suspect held at Guantanamo Bay, and urged the US to find another way of trying him after the US Supreme Court ruled out military tribunals.

Britain secured the release of its nine nationals held at Guantanamo after arguing the commissions failed to uphold basic standards of justice.

"The Australian government has said, all along, that it had faith in the military commission process but none, presumably, in the presumption of innocence," said Tim Bugg, president of the Law Council of Australia.

Australian Greens leader Bob Brown said Howard had "dishonoured this nation's law and its traditions."

"It is a disgrace which should end," he added.

David Hicks at Camp Xray

The unlawful detention of "“enemy combatants"” at Guantanamo has now entered its fifth year. Hundreds of people of around 35 different nationalities remain held in effect in a legal black hole, many without access to any court, legal counsel or family visits.

Many of these detainees allege they have been subjected to torture or other cruel, inhuman and degrading treatment. In desperation, some detainees have attempted suicide. Others have gone on prolonged hunger strikes, being kept alive only through painful force feeding measures.

Guantanamo Bay has become a symbol of injustice and abuse in the US administration's “"war on terror"”. It must be closed down.

Meanwhile the Australian Prime Minister needs to take a long hard look at himself and start listening to the Australian people. Once again, as with the detention centres issue, he has shamed Australia in the face of the world.

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