Australian Court Eases Restrictions on Former Guantanamo Bay Detainee

An Australian court has relaxed some of the restrictions placed on former Guantanamo Bay detainee David Hicks.^[1]

An order was upheld requiring Hicks, an Australian citizen who pleaded guilty to supporting terrorism under a deal that ended more than five years in U.S. military detention, to report to police and which also limited his movement.^[2]

Federal Magistrate Warren Donald granted Hicks' request that some of the limitations on his freedom be reduced so that he may get a job and fit back into society.^[3]

Hicks was captured among Taliban supporters in Afghanistan by U.S.-backed forces in December 2001 and later transferred to the custody of the U.S. military.^[4] Following five years of detention without a trial, Hicks was brought before a military tribunal on charges of providing material support to al-Qaida.^[5]

Hicks remains the only person ever convicted by a military tribunal at the U.S. prison camp at Guantanamo Bay, Cuba. It should be noted however, that this conviction was the result of a plea bargain reached before his trial even began.^[6]

Under the plea bargain, Hicks was sentenced to seven years in prison, and then released into Australian custody to serve the rest of his term in his home country.^[7] In December he was released, however Australian Federal Police sought the court-imposed control order insisting that he was still a terror threat.^[8]

Under the order’s new terms, Hicks only has to report to police twice a week instead of three and may live anywhere in Australia, as long as the location is approved by police.^[9] Other restrictions still remain in place. These include not being able to leave the country and the inability to possess weapons.^[10]

As mentioned above, Hicks was convicted under 18 U.S.C. 2339B for providing material support to a terrorist organization.^[11] Under that statute it is a crime to knowingly provide, attempt to provide, or conspirer to provide material support or resources to a foreign terrorist organization. The penalty for this violation is a fine or imprisonment for not more than 15 years, or both, and, if the death of any person results, shall be imprisonment for any term of years or for life.^[12]

Federal criminal defense attorney Douglas McNabb has discussed the terrorism crime of providing support to terrorists extensively in this blog; these posts can be accessed here. David Hicks case has been discussed here.

---

[1] The Associated Press, Restrictions Eased on Terror Supporter, The Associated Press, Feb. 19, 2008 (available at http://www.ap.org).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] 18 U.S.C. § 2339B (2008).
[12] Id.