Hicks's window on the world

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This was published 17 years ago

Hicks's window on the world

By Jonathan Pearlman

THIS is the cell where David Hicks lives - where the lights are never off and the window, a slit of frosted glass, never opens.

The other photo shows the barren, bookless room at Guantanamo Bay that the Attorney-General, Philip Ruddock, calls a library.

The previously unpublished photos were sent yesterday by the states' attorneys-general to Mr Ruddock to dispute his claims about Mr Hicks's treatment at Guantanamo Bay. Mr Hicks's lawyer, Major Michael Mori, says the Australian is confined to his cell 23 hours a day, although Mr Ruddock denies he is in solitary confinement.

A letter by the attorneys-general identifies the photos, provided by an unnamed source, as Mr Hicks's cell and a "reading room". The letter, signed by the NSW Attorney-General, Bob Debus, and his seven state and territory counterparts, demands that Mr Hicks be returned to Australia to face trial. "The use of a cell of this type to confine Mr Hicks for eight months is inhumane," it says.

At a meeting in Fremantle two weeks ago the attorneys-general raised Mr Hicks's treatment with Mr Ruddock, who said the Australian terrorism suspect was not in solitary confinement and had natural light and access to a library, which he had not used. The attorneys-general then consulted Major Mori, who said Mr Hicks was in a one-person cell, could not leave for meals and was allowed an hour a day in a "reading room without any books".

Mr Ruddock invited the attorneys-general to outline their complaints and has promised to respond.

The attorneys-general say the shelves in the reading room are "entirely empty" and Mr Hicks has not had access to legal documents since several inmates committed suicide in June. A cart with books is brought to him "on an irregular basis".

"In these circumstances, we would ask whether it is possible to maintain that Mr Hicks has access to a library," the letter says. "The conditions of Mr Hicks's detention are commensurate with 'observation cells' used in the NSW prison system for suicide prevention. They are used exclusively for inmates who are actively distressed or otherwise considered likely to self-harm and are employed for [up to] 24 hours."

Mr Ruddock refused to comment yesterday on the photos or on Mr Hicks's treatment. "I indicated that the Government was willing to respond to any correspondence from Mr Debus outlining his concerns in relation to Mr David Hicks," Mr Ruddock said. "I have not received that correspondence. The course Mr Debus has taken indicates he is more interested in publicity than a genuine response. I will reply to any substantial concerns about Mr Hicks when I receive that letter."

The letter disputes Mr Ruddock's claim that Mr Hicks contributed to the delay in his legal proceedings by challenging the US military commission that is supposed to be trying him. "We consider [several] aspects of Mr Hicks's case to be manifestly unfair and we are advised that each is a breach of international obligations … We ask you to take urgent action in Mr Hicks's matter and request that he be repatriated. In the meantime we ask you to request that Mr Hicks be released from confinement in an isolated single-occupancy cell, and that the conditions of his detention be improved."

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Mr Hicks, who was captured with Taliban forces in Afghanistan and has been held at Guantanamo Bay in Cuba since 2001, was moved to a one-person cell in the general block area of the prison, Camp 5, in March.

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