
Originally Posted by
ABC's Four Corners
DEBBIE WHITMONT: In January this year, the only other Australian at Guantanamo - Mamdouh Habib - was suddenly released. Up until then, the Australian Government had maintained that both Hicks and Habib had been treated humanely.
LT CDR CHARLES SWIFT, MILITARY ATTORNEY: I was in line to represent Mr Habib. I had been contacted, and he was a day from having a defence counsel and going to a military commission. Ah, and the same assurances were being made, apparently, regarding statements that had been obtained in Egypt while he was up to his neck in water.
DEBBIE WHITMONT: It was revealed that Habib had been taken to Egypt and tortured - a process known as 'rendition'.
CLIVE STAFFORD SMITH, MOAZZAM BEGG'S LAWYER: Mamdouh Habib was not just abused. Mamdouh Habib had electrodes put on him, and there, that was going to be such a PR catastrophe for the whole military commission process, they couldn't possibly afford to do that.
DEBBIE WHITMONT: Moazzam Begg and the rest of the Englishmen were released at the same time. Begg had spent two years in Guantanamo, and one year held by the Americans in solitary confinement in Afghanistan.
MOAZZAM BEGG, FORMER GUANTANAMO DETAINEE: I was beaten, tortured and threatened with being sent to, um, to Egypt for further torture where they use electric shocks and, and rape and so forth, if I didn't comply with what they said.
DEBBIE WHITMONT: In Guantanamo, Begg wrote dozens of letters describing his torture. One of them somehow slipped out uncensored. His lawyers released it publicly.
CLIVE STAFFORD SMITH, MOAZZAM BEGG'S LAWYER: I mean, they said Moazzam Begg was the worst terrorist in the world, and they set him free when we demonstrated how he'd been abused.
MOAZZAM BEGG, FORMER GUANTANAMO DETAINEE READS FORM LETTER: I have been menaced and threatened directly and indirectly with firearms...
DEBBIE WHITMONT: Moazzam Begg told Four Corners that he and Hicks often pondered on why Hicks - out of hundreds at Guantanamo - was one of the very first to be charged and sent to trial.
MOAZZAM BEGG, FORMER GUANTANAMO DETAINEE: I firmly believe why David Hicks has been singled out in this particular manner, ah, and was the first person to be put through this process, is because he's the token white man.
JOSH DRATEL, HICKS'CIVILIAN ATTORNEY: He... allows for the process to look even-handed in a cultural and ethnic sense. He's a Caucasian, he's a westerner. This is not about the Middle East. This is not about, you know, people of colour. This is about dangerous people. So, they can say that and... and also I think that he's English speaking, and they would like to if they, if they could... turn him against others, and have a witness, that would be to their advantage.
DEBBIE WHITMONT: How many other Caucasian Guantanamo detainees are there now, to your knowledge?
JOSH DRATEL, HICKS'CIVILIAN ATTORNEY: Zero.
STEPHEN KENNY, HICKS' FORMER SOLICITOR, 13 MAY 2004: I can now say that David Hicks has been treated in a manner which I consider to be abusive, a serious violation of his human rights, and which constitutes a criminal offence in international law.
DEBBIE WHITMONT: When the allegation emerged over a year ago that David Hicks had been abused by American troops, the Prime Minister said the complaint's timing - just after the Abu Ghraib scandal - was suspicious.
JOHN HOWARD, 20 MAY 2004: The man you refer to is a Taliban supporter. I find it strange that these allegations of abuse against Mr Hicks and Mr Habib have arisen only since the prisoner abuse scandal erupted.
DEBBIE WHITMONT: But according to his lawyers, David Hicks's claims of abuse had been made much earlier. They were in fact the first thing Hicks had told them, but the US Defense Department had banned the lawyers from making any details public.
STEPHEN KENNY, HICKS' FORMER SOLICITOR, 13 MAY 2004: These abuses were not simply the excesses of individual guards. They were carefully orchestrated and organised at high levels of the US command structure.
DEBBIE WHITMONT: Now, for the first time, Four Corners can reveal those details. Soon after he was taken into custody, Hicks was held with a small group of detainees on a US warship in the Arabian Sea - the USS 'Peleliu'. Martin Mubanga - an Englishman - knew David Hicks in Guantanamo. Hicks told him about being taken from the warship by helicopter to an unidentified land base - most likely in Pakistan or Afghanistan.
MARTIN MUBANGA, FORMER GUANTANAMO DETAINEE: He was thrown onto the chopper. His hands were in shackles and chains. And basically they was taken to, by helicopter, to a place. They was blindfolded, and there they was beaten and spat upon, and he was abused and assaulted. Things like, "You Aussie kangaroo", and things like that. Yeah, while they were beating and spitting on him and things like that. So, he was called a traitor. And then basically they brought him back blindfolded, so he never saw his...his attackers or his abusers, basically. And then he was brought back to the ship.
DEBBIE WHITMONT: When Terry Hicks went to Guantanamo, he says those beatings were the very first thing his son told him about.
TERRY HICKS: David was full on, he was agitated, he was stressed. All he wanted to do is, he just told us, "Listen. Don't say anything, I'll get it out as quick as I can." He had two 10-hour beatings from the Americans. And I said to David, "Sure they were Americans?" - 'cause he said he had a bag over his head - and he said, "Oh look," he said, "I know their accents, they were definitely American." Some pretty horrific things that were done to him.
DEBBIE WHITMONT: Are they... sexually embarrassing things?
TERRY HICKS: Yes.
DEBBIE WHITMONT: These sexually-related incidents... does this involve Americans?
TERRY HICKS: Yes.
DEBBIE WHITMONT: David Hicks told his father the Americans gave him injections and then penetrated him anally with various objects. Why does he believe he was taken off a ship by helicopter?
TERRY HICKS: Well, I mean, if they've taken him off... They're taking him off an American ship. So, I suppose if anything happens, the Americans would say, "Well, it didn't happen on our soil."
DEBBIE WHITMONT: Being taken off a warship, it's like a mini-rendition if you like, do you believe that did happen?
CLIVE STAFFORD SMITH, MOAZZAM BEGG'S LAWYER: Being taken off a warship is not a mini-rendition, it's a rendition, period. There were all sorts of renditions. There were American renditions to themselves from Pakistan to Afghanistan to torture people, from American ships to Afghanistan to torture people.
DEBBIE WHITMONT: Hicks's lawyers believe it's unlikely detainees would be helicoptered off a warship without official authorisation.
JOSH DRATEL, HICKS' CIVILIAN ATTORNEY: Authorised - someone would take them on a helicopter - they didn't think they were going to take them to the zoo. I mean, obviously when they take detainees off a ship or round them up and bring them somewhere else, someone's got to say 'OK', and they have to know why.
DEBBIE WHITMONT: David Hicks's lawyers told Four Corners they have witnesses they're not revealing at this point, and that US authorities have photographic evidence.
MAJOR MICHAEL (DAN) MORI, HICKS' MILITARY ATTORNEY: I can't comment on the specifics. I'd say it's an area that I'm investigating, and that I've already found some evidence and witnesses that support that occurring.
DEBBIE WHITMONT: The Australian Government says that David Hicks's claims of abuse have been thoroughly investigated.
JOHN HOWARD, 16 JULY 2005: I can inform you - and we'll provide you with a letter later - that we have received written advice from the Defense Department that after a very thorough investigation of the allegations of Hicks and Habib about mistreatments whilst they were in American custody, no evidence has been found to support those allegations.
JOSH DRATEL, HICKS' CIVILIAN ATTORNEY: There is simply not a legitimate effort by the United States Government or the Australian Government to get to the bottom of the abuse, because the bottom is really the top, and that's the problem.
DEBBIE WHITMONT: In recent months, even the heavily censored letters from Guantanamo have been drying up. There's little left to say. This letter arrived about a year ago.
ACTOR’S VOICE, HICKS' LETTER TO FAMILY: Dear Dad, I feel as though I'm teetering on the edge of losing my sanity after such a long ordeal - the last year of it being in isolation. There are a number of things the authorities could do to help to improve my living conditions, but low morale and depression seems to be the order of the day. They're also making sure that I'm disadvantaged as possible when it comes to defending myself.
DEBBIE WHITMONT: Next month - if David Hicks is tried - it will be by a system outside the courts, and run entirely by the US Defense Department.