After nearly 10 years, military trials at the Guantanamo Bay Detention Camp have produced a total of six convictions. One of those was Australian David Hicks, who agreed to a plea bargain under which he would be sent back to Australia to serve out his sentence. On his release, he wrote a book about his experiences. Under Australian “proceeds of crime” laws, the earnings from books about a criminal career are liable to confiscation, and the Australian government accordingly froze the proceeds and took action to have them forfeited.
The news today is that the Director of Public Prosecutions has abandoned the actions and paid Hicks’ legal costs. Although no rationale was given, the general presumption is that the US conviction would not stand up in an Australian court, either because (as Hicks alleged) Hicks’ guilty plea was extracted by torture, or because the whole system failed to meet basic standards of due process. Most simple of all is the fact that, unlike the usual case of plea bargaining, the options aren’t pleading guilty or going to trial. Rather those who plead guilty get a definite (and usually relatively short) sentence on top of their detention, while those who do not are held indefinitely without trial.