It is appropriate that a person from Australia, home of the kangaroo, should be the first one dragged before the kangaroo court at the U.S. naval base at Guantanamo Bay. David Hicks, imprisoned there for more than five years, pleaded guilty Monday to providing material support for terrorism.
The case of Hicks offers us a glimpse into the Kafkaesque netherworld of detentions, kidnappings, torture and show trials that is now, internationally, the shameful signature of the Bush administration. Hicksâ€â„¢ passage through this sham process affords us all an opportunity to demand the closure of Guantanamo and an end to these heinous policies. Conditions may soon exist to shutter the prison, with George Bushâ€â„¢s lame-duck status, the Democratic takeover of Congress, the possible departure of Guantanamoâ€â„¢s arch-defender and architect, Attorney General Alberto Gonzales, and, if recent reports are true, a desire to close the prison on the part of Secretary of Defense Robert Gates and Secretary of State Condoleezza Rice. These bogus military commission trials amplify global contempt for the Guantanamo prison.
The Pentagon claims that Hicks was in Afghanistan fighting against the United States, then was apprehended by the Northern Alliance in late 2001 while fleeing to Pakistan. After transfer to U.S. military control, he was moved around various detention facilities and, he says, brutally beaten and sodomized. By January 2002 he was in Guantanamo. He was subjected to repeated interrogations. He witnessed other prisoners being beaten and terrorized with dogs. He was at times kept in total darkness, at times in continual bright light (he has grown his hair to chest length so he can cover his eyes to allow him to sleep). He had no access to a lawyer for more than a year or knowledge of the charges against him. Others, those lucky enough to have lawyers or to have actually gotten out, tell similar tales of continual cold, of desecration of the Quran and of sexual humiliation designed specifically to torture Muslim men.
During his five years of detention, people fought for Hicks. His father, Terry Hicks, traveled to the U.S. He donned an orange jumpsuit, like the one his son was forced to wear, and stood in a 6-foot-by-8-foot cage on Broadway in New York while fielding questions from the press.
Even the U.S. Supreme Court, the body that appointed Bush president in 2000, agreed that the prisoners must have some access to habeas corpus, the right to challenge oneâ€â„¢s imprisonment. This central tenet of Western law, established in the Magna Carta in 1215, has been thrown out the window, along with the Geneva Conventions, by Bush, Dick Cheney, Donald Rumsfeld, Gonzales and others.
Guantanamo has sparked one of the United Statesâ€â„¢ major growth industries: protesting against Guantanamo. From campuses to churches, the anger has driven regular citizens to action. Cindy Sheehan and members of the Catholic Worker Movement went to Cuba and marched overland to Guantanamo to challenge the illegitimate prison and its jailers in person.
Even in Hicksâ€â„¢ brief moment in the controversial â€Å“trial,â€Â
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