It has never been the policy of any Australian government or political party to insist people arrested overseas be returned to Australia for trial under Australian law instead of the law of the country they were arrested in.
My assumption has been that was always the policy - BUT for military offenses, on the field of battle, for citizens of allies fighting in the same war ... but a passing thought ... that was not so for Breaker Morant?
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To EB: You see no evidence of torture. The possibility he might not have been has never occurred to me, and still hasn't.
So, we can agree to disagree, and drop that one now?
To DS: I have no doubts your descriptions of the laws are correct. I would reword previous statements to include "... whatever International Laws prohibit torture of prisoners captured on a battle field ..."
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I thank you both for this civilised exchange. I am basically in agreement with you about the facts, and not very great differences in my opinions about the morality of actions. I do agree that nothing he says can be relied upon, but consider that because every statement he has made publicly was "under duress".
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I have one last legal question. Although there have been many 'dark pages' in my fair land's history, this is the one that truly stands out and makes me feel ashamed to be an Australian ...
My understanding is that after Hicks was taken from Asia to North America, there was not one moment when an appeal could have been lodged on his behalf with the Supreme Court of America. I do not believe any Australian government or political party has ever considered acceptable for an Australian citizen to be held prisoner, indefinitely, with no access to the civilian judicial system of that country.
I agree with the opinion of Mary Gaudron, a retired Justice of the High Court of Australia, as stated in link to SMH article.
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With respect to you both, I trust the legal opinion of a former Justice of the High Court of Australia that either of yours, and I am sure she would have known ALL relevant facts before making a public statement like that!