Senate debates

Thursday, 20 September 2012

Committees

Legal and Constitutional Affairs References Committee; Reference

12:05 pm

Photo of Penny WrightPenny Wright (SA, Australian Greens) Share this | Hansard source

I move:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 27 March 2013:

The role played by the former Australian Government in Mr David Hicks' trial, treatment and detention, with particular reference to:

  (a)   his transfer from the custody of Afghanistan's Northern Alliance to the United States (US) military and subsequent transfer into detention at the US Naval base at Guantanamo Bay, Cuba;

  (b)   his detention, interrogation and treatment in US custody;

  (c)   his 2004 charges and initial prosecution by the first US Military Commission;

  (d)   his subsequent 2007 charges and plea agreement under the Military Commission Act 2006 (US);

  (e)   his subsequent transfer to and incarceration in Australia;

  (f)   the control order placed upon him at the time of release from prison in Australia;

  (g)   whether Australia acted consistently with its obligations under international law in its dealings with the US in respect of the above matters; and

  (h)   any other related matters.

Question negatived.

Mr President, I seek leave to make a short statement.

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