7th July 2003
MEDIA RELEASE
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Australian Government agrees to breaches of David Hicks'
human rights
In accepting assurances
from the US Government about the trial of Mr Hicks, Australia has agreed
to conduct which breaches international human rights standards, says Simon
Rice, President of Australian Lawyers for Human Rights.
The US Government has prevented Mr Hicks from having legal representation
of his choice. Mr Hicks has been forced to obtain legal representation
in the US, and his choice is limited to lawyers approved by the US Chief
Defence Counsel. Mr Hicks will be denied the fundamental protection
of confidential communications with his lawyers. His communications
may, without notice, be monitored by the Defence Department.
“Fundamental
interference with the right of an accused to legal representation is another
step in the continuing breaches of Mr Hicks' human rights”, says
Rice.
“The
USA has held Mr Hicks for over a year without being told of the charges
against him, without being brought before a court and without communication
with lawyers or family. This conduct, supported by the Australian
government, is a serious breach of Articles 9 and 14 of the International
Covenant on Civil and Political Rights (‘the ICCPR’).
“The ICCPR sets down internationally agreed minimum standards, which
both the Australian and US Government have ratified. The Australian
Government has accepted assurances from US Government even though the
intended conduct is in breach of the ICCPR.
"Article
9 requires a person is to be brought promptly before a judge for trial
on known charges. Article 14 guarantees the right to legal representation
of choice, and to be tried without undue delay.
“Again, the Australian Government fails in its duty to a citizen
to promote and protect his rights.”
The UN’s "Basic Principles on the Role of Lawyers" requires Governments
to respect the confidentiality of all communications between lawyers and
their clients.
"Australians would consider this a fundamental principle. It has
never been previously been over-ridden by government. Mr Hicks is
entitled to that guarantee,” says Rice.
Australian Lawyers
for Human Rights calls for the Australian Government to intervene on Mr
Hicks' behalf and insist that the US Government to comply with its international
obligations and respect Mr Hicks’ rights.
For further information contact: Simon Rice on 9380
6566 and Simeon Beckett on 0412 008 039.
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This page last updated 4th May 2004
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