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DETAINEE 002: THE CASE OF DAVID HICKS BY LEIGH SALES (CARLTON, VICTORIA, AUSTRALIA: MELBOURNE UNIVERSITY PRESS, 2007) 336 PAGES. PRICE AU$32.95 (PAPERBACK) ISBN 9780522854008
INTRODUCTION
The case of David Hicks has generated great controversy. This is not surprising having regard to three factors. The first was the hostile attitude exhibited against him by the then Australian Government (with a degree of acquiescence displayed by the Federal Opposition). The second was the initial lack of concern shown by the general public, perhaps because of the events that occurred on 11 September 2001 and the widely perceived threat of international terrorism. The third factor was the campaign waged by supporters of Hicks based on the flawed nature of the process that culminated in his agreement to plead guilty to certain charges of assisting terrorist organisations in return for ultimately obtaining his freedom. The nature of that process was strongly criticised by members of the Australian legal community including the Law Council of Australia.1
Now that Hicks is no longer in prison and the brouhaha has subsided, it becomes possible to revisit the whole affair objectively. An important starting point is the book Detainee 002,2 which is the subject of this review. It was written by Leigh Sales, the then North American correspondent of the Australian Broadcasting Corporation. The book will be of special interest to lawyers especially for the way it relates the facts of the affair.
Detainee 002 provides a very readable account of the handling of the Hicks affair by the United States and Australian Governments and a lively description of the personalities of the principal participants. It also displays a considerable understanding of the main international and domestic law issues relating to the use of Guantánamo Bay as a place of detention for terrorist suspects following the catastrophic events of 11 September 2001. But Leigh Sales is not a lawyer. So the book, quite understandably, does not dwell on important legal matters, notably rule of law issues. No mention is made, for example, of the searing indictment by Philippe Sands of the stance of the US and United Kingdom Governments on matters of international law and human rights in his acclaimed book Lawless World.3
This book review includes an examination of the legal...