The Department of Defense announced today that charges were referred to a military commission in the case of David Matthew Hicks by the Convening Authority, Office of Military Commissions, Susan J. Crawford.
The convening authority referred one charge with two specifications of providing material support for terrorism against Hicks, a non-capital case.
Hicks and his defense counsel will be served a copy of the charges. In accordance with the Military Commissions Act of 2006 and the Manual for Military Commissions, Hicks will be arraigned within 30 days of the service of charges. Within 120 days of charges, the military judge will assemble the military commission. Assembly is the procedural step that usually occurs when all parties, including the members, are present and sworn, and the judge announces on the record that the commission is now assembled. The military judge will contact attorneys in the case to set an initial trial schedule.
Hicks is presumed innocent of any criminal charges unless proven guilty beyond a reasonable doubt at a military commission.
Military commissions are regularly constituted courts, affording all the necessary judicial guarantees which are recognized as indispensable by civilized people for purposes of common Article 3 of the Geneva Conventions.
A copy of the charge sheet is available at the following Web site: