Assalamu aleikum. Please note that 2 articles follow:
*Stand by Hicks, lawyer tells Brits *Court dismisses British Govt's appeal against Hicks' citizenship --- (1) Stand by Hicks, lawyer tells Brits AAP April 12, 2006 http://www.news.com.au/story/0,10117,18799447-29277,00.html BRITAIN must stand by its opposition to Guantanamo Bay and work to release David Hicks after a unanimous court ruling favoured the terror suspect's citizenship claim, his American lawyer said today. The British Court of Appeal today threw out an appeal by the country's Home Office to deny Hicks British citizenship. Major Michael Mori said his client, who has been imprisoned in the US camp in Cuba for more than four years, would remain there for at least several more months despite the decision. "I'm sure the (British) Government will try to ask for appeal from this decision to the House of Lords," Major Mori said. However, he said this was less likely to be accepted given the unanimous court decision. "I just wish the British Government would get on with it and go down to Guantanamo and formalise David's citizenship," Major Mori said. Major Mori said Hicks would never renounce his Australian citizenship and he did not believe a dual citizenship would harm his client. "I think the British Government's position on Guantanamo bay and the military commissions has been clear ... military commissions do not meet international standards, Guantanamo should close, and I don't see the British Government changing its position on Guantanamo Bay," he said. "I hope that they will stick to their values and their position ... and David Hicks will see the same benefits that every other British national has received. "There's only one UK and one Aussie national left (in Guantanamo Bay) and that's David Hicks, and after over four years it's about time he was reunited with his family and received justice." He also said it was time the Australian Government reconsidered its position on the matter. "Over four years in confinement and I think it's about time to bring him (Hicks) home," Major Mori said. Unfortunately, waiting for the Australian Government to stand up for the rights of one of its citizens in this case has taken far too long. "It seems the Australian Government will take action to protect the human rights of some Indonesian citizens but it won't take the action to protect the rights of David Hicks," Major Mori said. He said Hicks's legal team was awaiting a decision by the US Supreme Court on the legality of the military commission Hicks is facing. "Obviously, if the Supreme Court goes against commissions, the commissions will stop." Major Mori said the US had been hampering efforts by British embassy staff to have access to Hicks. http://www.news.com.au/story/0,10117,18799447-29277,00.html --- (2) Court dismisses British Govt's appeal against Hicks' citizenship Kerry O'Brien Australian Broadcasting Corporation 12/04/2006 http://www.abc.net.au/7.30/content/2006/s1615227.htm TV PROGRAM TRANSCRIPT KERRY O'BRIEN: And in London, the Court of Appeal has delivered a verdict in the David Hicks case less than an hour ago. The court has dismissed the British Government's appeal against David Hicks' eligibility for British citizenship which means David Hicks should now be registered as a British citizen ultimately leading to his release from Guantanamo Bay. David Hicks' US lawyer, Major Michael Mori is in Australia and he joins me now from Adelaide, where he's been meeting with family and supporters. Michael Mori, what happens now that the British Government has lost this appeal? MAJOR MICHAEL MORI, DAVID HICKS' US LAWYER: I'm sure the government will try to ask to appeal to this decision to the House of Lords and will probably find out by the middle of June, it could be that late, whether or not the House of Lords will accept their appeal or deny it. KERRY O'BRIEN: What's the likelihood of that appeal being accepted? I understand that if it's a unanimous verdict, as it has been with this appeal, that that makes it less likely that the Lords may accept the appeal? MAJOR MICHAEL MORI: I think you're absolutely right. I think it's less likely that the appeal will be accepted. I just wish the British Government would get on with it and go down to Guantanamo and formalise David's citizenship. KERRY O'BRIEN: Even if he does get his British citizenship and renounce his Australian citizenship, is there any guarantee that the British Government would then request his release from Guantanamo and repatriation to Britain? MAJOR MICHAEL MORI: Did you say, "David renounce Australian citizenship"? KERRY O'BRIEN: Well, it's been reported to help his case if he is given British citizenship that he might now renounce his Australian citizenship? MAJOR MICHAEL MORI: Absolutely not. David will never renounce his British - I mean his Australian citizenship. He's from Australia and proud he's from Australia and proud of his family heritage in the UK and he's proud to be a dual national and he just wants both of those citizenship formalised. KERRY O'BRIEN: Are you confident that dual nationality or dual citizenship will not weaken his case with the British Government to persuade them to go to America and ask for his release? MAJOR MICHAEL MORI: I don't think so. I think the British Government's position on Guantanamo Bay and the military commissions has been cleared from the Prime Minister, Attorney General Lord Goldsmith, the military commissions do not meet international legal standards. Guantanamo should close and I don't see the British Government changing its position on Guantanamo Bay. KERRY O'BRIEN: You think it's out of the question that they could change their position; that they have to be consistent with David Hicks, as they have been with the nine British citizens already released? MAJOR MICHAEL MORI: I think - Prime Minister Blair's recent visit to Australia he expressed his opinion that it's all about values and part of his value is that Guantanamo should close, and the value of a fair trial, and the commission doesn't meet that. And I don't see the values that he holds changing. KERRY O'BRIEN: But of course then there's the question of whether America would automatically accept any or accede to any British request for David Hicks' release once he was granted citizenship? MAJOR MICHAEL MORI: Absolutely. The United States Government is trying to block it two ways. One, they're interfering with the US - the access support the British Government embassy personnel to get to Guantanamo to swear David in. The British Government acknowledge that for several months they've been trying to gain access to David to swear him in and formalise his citizenship. The US Government has been blocking that. Then, of course, would the US Government stick to the agreement they have with the UK: that they would not process any British nationals through a military commission? KERRY O'BRIEN: Can you recall or do you know how long it took the diplomatic process between Britain and America before their nine previous citizens were released from Guantanamo? MAJOR MICHAEL MORI: Well, I think the negotiations between the US and the UK, at least in the media it was reported that those negotiations were going on in the second half of July and within a year they were all released and the agreement was put in place that no British national would face a military commission and they were all released. Remember - two of the British nationals that were released were designated by the US President to go to a military commission and yet the UK were able to get them out. KERRY O'BRIEN: So you're confident that if they ask, the Americans will be forced to yield to British diplomatic pressure in the Hicks case? MAJOR MICHAEL MORI: I hope that they will stick to their values and their position on Guantanamo and the military commission not meeting international legal standards and David Hicks will receive the same benefits that every other British national has received - and, by the way, all Australian nationals, as Mr Habib has been released. There is only one UK and one Aussie national left, and that is David Hicks, and after over four years it's about time he was reunited with his family and received justice. KERRY O'BRIEN: In the meantime, of course, you've said it could take until June before it is clarified as to whether this could be a further appeal to the House of Lords. In the meantime, there's also the Guantanamo Bay test case before the American Supreme Court. What is the status in that case and how might that affect David Hicks' status as a Guantanamo Bay in-mate. MAJOR MICHAEL MORI: Yes, Sir. You know, we're waiting to see what the Supreme Court of the United States will do. We expect a decision mid-June, at the end of June. We're hoping that the Supreme Court will find that the military commissions are unlawful. We're going to have the wait and see. Obviously, if the Supreme Court goes against commissions, the commissions will stop and what I would be concerned with is the decision leaves wiggle room for the US administration to try and modify the system and it just prolongs David's detention again without the trial. Now we're into the fifth year, the US had the opportunity to do it right and failed for two-and-a-half years. It's about time the Government of Australia reconsider the position now. Over four years in confinement, and I think it's about time to bring him home. KERRY O'BRIEN: So either way, either you are going to have to wait either for the British system to work its way finally through the appeals process, then for a diplomatic process between Britain and America or alternatively, you could equally be waiting months before the legal case if America is thought through. So either way, David Hicks could still be in Guantanamo Bay for a significant number of months? MAJOR MICHAEL MORI: You're absolutely right. Unfortunately, waiting on the Australian Government to stand up for the rights of one of its citizens in this case has taken far too long. It seems the Australian Government will take action to protect the rights of some Indonesian citizens, but won't take the action to protect the rights of David Hicks. KERRY O'BRIEN: Michael Mori, thank you for talking to me tonight. MAJOR MICHAEL MORI: Thank you for having me, Sir. http://www.abc.net.au/7.30/content/2006/s1615227.htm ------------------------ Yahoo! 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