Australian Citizen Was Kidnapped, Drugged & Tortured by US Forces: Former Gitmo Prisoner David Hicks Seeks to Vacate Conviction

Court’s Rejection of “Material Support” as a War Crime Invalidates Military Commission Conviction, Attorneys Say

press@ccrjustice.org
November 5, 2013, Washington D.C. – Today, the Center for Constitutional Rights (CCR) and co-counsel Joseph Margulies filed an appeal on behalf of former Guantánamo prisoner David Hicks seeking to vacate Hicks’ conviction in the military commissions for “material support for terrorism.” Hicks pleaded guilty in 2007. He was the first prisoner to be convicted in a Guanánamo military commission and a party in the historic Supreme Court ruling in Rasul v. Bush, which established that Guantánamo prisoners had a right to access U.S. courts to challenge their detention. The appeal comes in the wake of the D.C. Circuit’s 2012 decision in Hamdan v. United States, which held that material support for terrorism is not a war crime and thus beyond the jurisdiction of military commissions.

Detainees at Camp X-Ray, Gitmo (Dept of Defense).

“The D.C. court’s rejection of material support as a war crime is a reminder that a military commission prosecution can unravel at any time” said CCR Senior Staff Attorney Wells Dixon. “Years after Hicks was convicted and served his sentence, a federal court has concluded that the process by which he was convicted was unlawful. This is just another reason why Obama needs to end the failed experiment in Guantánamo.”

In a 74-page affidavit released in 2004, Hicks detailed torture he suffered at the hands of U.S. forces during the five and a half years he spent at Guantánamo, which included beatings, forced sedation, and sexual assault. In 2007, he entered an Alford plea, in which he pleaded guilty while continuing to assert his innocence. According to Hicks the plea was coerced and he pleaded guilty only because he believed it was the only way to get out of Guantánamo and escape the ongoing abuse and torture.

“Today is just the first step in a long process to correct the wrongs committed against me,” said David Hicks. “I was detained for six years without having committed an offense (as recognized by the CDPP in the proceeds hearing) and was tortured and pressured with duress into making unfair decisions which did not reflect the facts.  I had no choice but to sign the plea deal or I would have died in Guantánamo.”

David Hicks described his ordeal in his book.

After his release from Guantánamo, Hicks returned to Australia and was placed under a one-year gag order prohibiting him from speaking to the media. As part of his plea agreement, he was also required to withdraw allegations that the U.S. military abused him and agree not to take legal action against the United States.

Co-counsel in the case are Joseph Margulies and military defense counsel Samuel Morrison and Captain Justin Swick. David Hicks is represented in Australia by Stephen Kenney.

 The case is Hicks v. United States. More information, including today’s filing, is available here.

Reprinted with permission from Center for Constitutional Rights.