To: CalculatedRisk who wrote (33640 ) 7/5/2004 11:04:30 PM From: ChinuSFO Respond to of 81568 Guantanamo ruling a victory for justice June 30, 2004 David Hicks, Mamdouh Habib and others can no longer be denied due process. John Howard is an adept practitioner of the politician's art of evasion when cornered. But the Prime Minister's finely honed skills deserted him yesterday when he responded to the news that the US Supreme Court had upheld the right of foreign prisoners held at the American base at Guantanamo Bay, Cuba, to contest the legality of their detention in US civil courts. Mr Howard said in a television interview that the Supreme Court's key finding was that the detention of the Guantanamo prisoners - including Australians David Hicks and Mamdouh Habib - was lawful. This was blatant sophistry, and the Prime Minister knows it. The court's ruling makes the Guantanamo detention "lawful" only in the sense that the detainees are no longer outside the protection of the law, where the Bush Administration had hoped to consign them. That Mr Howard could not frankly recognise this compounds his Government's shameful failure to defend the rights of two Australians who have been held in foreign custody for more than two years, for most of that time without being charged. Habib is still in that legal limbo, and charges were laid against Hicks only very recently. He is scheduled to appear before a US military commission later this year on counts of conspiracy, attempted murder and aiding the enemy, in what his US-appointed defence counsel, Major Michael Mori, has described as a process "created and controlled by those with a vested interest only in convictions". <more>...http://www.theage.com.au/articles/2004/06/29/1088487962227.html My comment: The Autraliam PM is taking a lot of heat. So is Blair.