Alan Ferguson (SA, Liberal Party) Share this | Hansard source

You have put this down here: ‘to face justice in Australia’. Madam Acting Deputy President, I think that we gave Senator Ludwig a pretty fair run. If Senator Carr could keep his mouth shut, the rest of us might be able to too. Senators opposite—Senator Kirk in particular—talked about a delegation to Guantanamo Bay. The Americans decide who will go to Guantanamo Bay; we don’t as it is their facility. The UK foreign affairs committee that went there saw the facility—nobody knows how far they got into the facility—spoke to no prisoner and then came back and passed their judgement. If you care to read their report, you will find that it was not very critical of Guantanamo Bay at all.

Senator Stott Despoja said that senators on this side must state clearly where they stand on this issue. We intend to, Senator Stott Despoja; we intend to state quite clearly where we stand on this issue. When it comes to visiting other prisons around the world, I presume that Senator Kirk would like to go overseas to every other prison where the at least 180-odd Australians are held in custody and see what conditions they live in as well—but, no, it is just David Hicks, the martyr of the day; that is the one that you are going to put all your effort and concentration into. I never hear you complaining about the conditions that the Bali nine are facing up in Indonesia. All we hear about is what might be happening to David Hicks.

Senator Marshall wants to bring him home and try him. Under what law do you want to try him, Senator Marshall? Under what charge and under what law do you want to try David Hicks in Australia? There is simply no provision to charge David Hicks in Australia. Australian law applies to Australian jurisdiction. I have always been of the view that when you leave Australia’s shore you are subject to the law of whichever sovereign country you are visiting. In the case of David Hicks, he entered what was a theatre of war. He is a prisoner of war—that is all he is.