2RHPZ
07-08-2004, 11:39 AM
Habib to face a military trial
By Trudy Harris and Roy Eccleston
09jul04
TERROR suspect Mamdouh Habib will become the second Australian to face a US military commission after almost three years in detention and amid claims he was tortured.
The Pentagon announced yesterday that nine more detainees would front the military commission after President George W. Bush ruled there was evidence they were al-Qaeda members or involved in terrorism.
Habib's lawyer, Stephen Hopper, warned he would not receive a fair trial by the commission, which allows hearsay evidence and permits the use of admissions obtained under duress.
US civil rights lawyers intend to challenge the commission after the US Supreme Court ruled last week that inmates of Guantanamo Bay had right of access to the US courts.
Foreign Minister Alexander Downer revealed yesterday that Habib was among the nine set to face the commission as US officials admitted no investigation had yet begun into claims Habib and fellow Australian David Hicks had been tortured and assaulted while in custody.
The Australian revealed in May that US soldiers allegedly assaulted Hicks soon after he was captured in Afghanistan in December 2001. And a former cellmate alleged Habib was tortured for three months after his capture in Pakistan in October 2001 and transfer to Egypt.
Both men were later flown to the infamous Guantanamo Bay prison camp in Cuba. Hicks is awaiting trial in the commission after being charged this year. Habib has not been charged.
At a press conference with John Howard in Washington on June 2, Mr Bush said the military was "fully investigating any allegations as to whether or not they have been mistreated".
But US Defence Secretary Don Rumsfeld yesterday indicated the investigation had not properly started, telling a reporter the "allegations will be looked into".
Mr Downer dismissed concerns the investigation had not been started, saying an inquiry was now under way. "That's not a major problem for me as long as the investigation is done," he said.
By Trudy Harris and Roy Eccleston
09jul04
TERROR suspect Mamdouh Habib will become the second Australian to face a US military commission after almost three years in detention and amid claims he was tortured.
The Pentagon announced yesterday that nine more detainees would front the military commission after President George W. Bush ruled there was evidence they were al-Qaeda members or involved in terrorism.
Habib's lawyer, Stephen Hopper, warned he would not receive a fair trial by the commission, which allows hearsay evidence and permits the use of admissions obtained under duress.
US civil rights lawyers intend to challenge the commission after the US Supreme Court ruled last week that inmates of Guantanamo Bay had right of access to the US courts.
Foreign Minister Alexander Downer revealed yesterday that Habib was among the nine set to face the commission as US officials admitted no investigation had yet begun into claims Habib and fellow Australian David Hicks had been tortured and assaulted while in custody.
The Australian revealed in May that US soldiers allegedly assaulted Hicks soon after he was captured in Afghanistan in December 2001. And a former cellmate alleged Habib was tortured for three months after his capture in Pakistan in October 2001 and transfer to Egypt.
Both men were later flown to the infamous Guantanamo Bay prison camp in Cuba. Hicks is awaiting trial in the commission after being charged this year. Habib has not been charged.
At a press conference with John Howard in Washington on June 2, Mr Bush said the military was "fully investigating any allegations as to whether or not they have been mistreated".
But US Defence Secretary Don Rumsfeld yesterday indicated the investigation had not properly started, telling a reporter the "allegations will be looked into".
Mr Downer dismissed concerns the investigation had not been started, saying an inquiry was now under way. "That's not a major problem for me as long as the investigation is done," he said.