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Profile: David Hicks

 
  

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David Hicks actively participated in the following events:

 
  

July 3, 2003      Torture in Iraq, Afghanistan and elsewhere

       The government announces that President Bush has named six Guantanamo detainees to be tried before a military commission. They are David Hicks from Australia, Moazzam Begg holding dual British and Pakistan nationality, Feroz Abbasi from the UK, Salim Ahmed Hamdan and Ali Hamza Ahmad Sulayman al-Bahlul, both from Yemen, and Ibrahim Ahmed Mahmoud al-Qosi from Sudan. [Department of Defense, 7/3/2003]
People and organizations involved: David Hicks, Feroz Abbasi, Salim Ahmed Hamdan, Ibrahim Ahmed Mahmoud al-Qosi, Moazzam Begg, George W. Bush, Ali Hamza Ahmad Sulayman al-Bahlul
          

June 28, 2004      Torture in Iraq, Afghanistan and elsewhere

       In the case Rasul v. Bush, involving petitioners Shafiq Rasul, Mamdouh Habib, David Hicks, and Asif Iqbal, all detained at Guantanamo, the Supreme Court holds, with 6 votes to 3, that the US exercises “complete jurisdiction and control” over Guantanamo Bay, and thus, that the Guantanamo prisoners have the right to challenge their detentions before a judge. Under the habeas corpus statute, Justice John Paul Stevens writes for the majority that “aliens held at the base, no less than American citizens, are entitled to invoke the federal courts' authority.” [Sources: Rasul et al. v. Bush et al., Supreme Court opinion on writ of certiorari to the United States Court of Appeals for the Fourth Circuit, 6/28/2004] It is unclear whether the court's ruling is intended to extend to detainees held in other parts of the world, but given the court's reasoning, it appear that decision applies to detainees both in Guantanamo and elsewhere. [New York Times (Editorial), 6/29/2004] The three dissenting justices are William Rehnquist, Antonin Scalia, and Clarence Thomas. Scalia says the decision is “an irresponsible overturning of settled law in a matter of extreme importance to our forces currently in the field.” He acknowledges that the location of Guantanamo has in fact been intended to keep detainees outside of the reach of the judiciary. “Today, the court springs a trap on the executive, subjecting Guantanamo Bay to the oversight of federal courts even though it has never before been thought to be within their jurisdiction, and thus making it a foolish place to have housed alien wartime detainees,” Scalia writes. [The Guardian, 6/28/2004] Justice John Paul Stevens writes that it does not matter what status the Guantanamo inmates have regarding the question of whether they should have access to a US court. “What is presently at stake is only whether the federal courts have jurisdiction to determine the legality of the executive's potentially indefinite detention of individuals who claim to be wholly innocent of wrongdoing.” And this, he writes, they do. The case is subsequently sent back to a lower court to consider the prisoners' claims. [The Guardian, 6/28/2004]
People and organizations involved: Antonin Scalia, Clarence Thomas, David Hicks, Asif Iqbal, William Rehnquist, John Paul Stevens, Shafiq Rasul, William Rehnquist, Mamdouh Habib
          

'Passive' participant in the following events:

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