Barnaby Joyce (Queensland, National Party) Share this | Hansard source

I move:

That the Senate notes:

(a)

that on 28 September 2006 the United States Congress passed the Military Commissions Act 2006;

(b)

that on 17 October 2006 President George W Bush signed the Act into law;

(c)

that the Act provides a congressional basis for trial by military commission;

(d)

that the Act incorporates a number of procedural safeguards including:

(i)

the presumption of innocence,

(ii)

a right to be present throughout the trial,

(iii)

a right to cross-examine prosecution witnesses,

(iv)

a ban on evidence obtained by torture,

(v)

the provision of military defence counsel,

(vi)

the ability to retain civilian defence counsel,

(vii)

the option to remain silent or testify at trial,

(viii)

standard of proof beyond reasonable doubt, and

(ix)

an extensive appeals process;

(e)

that Mr David Hicks is yet to be charged under the Act; and

(f)

that the Government continues to press the United States for Mr Hicks’ case to be dealt with expeditiously and fairly.