meta-roj

This site is currently broken

Thursday, June 10, 2004

charges for guantanamo bay detainee hicks

under the interpretation of the current administration, australians apparentlydon’t get the protections of the sixth amendment of the united states constitution, but i thought i should refresh memories just in case.

sixth amendment to the united states constitition

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

i’m no constitutional scholar, but “the accused” doesn’t seem to be limited to “the accused citizens of the united states” – which leaves the only room open for interpretation the “speedy and public” nature of the accusations, which brings us to today…

David Hicks, who was captured in Afghanistan in late 2001, will face trial before a U.S. military tribunal, although no date was set, the Pentagon said in a statement. Hicks became the third Guantanamo prisoner to be charged.

i suppose a few years could be “speedy” in some contexts – geological contexts, of course… maybe even climatological. life expectancy for a 28-year-old australian male is something approaching 70 years, so maybe 4-5% of this person’s life has been spent waiting for “due process.” and hicks is probably one of the luckier detainees – we’re on pretty good terms with australia, and they seem to have pushed pretty hard to move this thing along…

hicks is getting a better deal than most of the detainees – he apparently gets a lawyer, won’t face the death penalty, and even a couple family members will be allowed to attend the proceedings.

the official department of defense news release is available here for your review.

posted by roj at 2:14 pm