The General Counsel of the Department of Defense, Hon. William J. Haynes II, met Monday through Wednesday with an Australian legal delegation, led by Minister of Justice Chris Ellison, to discuss and review potential options for the disposition of Australian detainee cases.
The discussions were productive and led to a number of assurances from the U.S. about the military commission process based on the principles of fairness contained in President Bush's Military Order of November 13, 2001, and Military Commission Order No. 1. Those principles include the presumption of innocence, proof of guilt beyond a reasonable doubt, representation by defense counsel, no adverse inference for choosing to remain silent, and the overall requirement that any commission proceedings be full and fair.
Among other things, the U.S. assured Australia that the prosecution had reviewed the evidence against David Hicks, and that based on the evidence, if that detainee is charged, the prosecution would not seek the death penalty. Additionally, the circumstances of his case are such that it would not warrant monitoring of conversations between him and his defense counsel.
This week's visits follow a July 18 decision by President Bush to discuss and review potential options for the disposition of Australian detainee cases and not to commence any military commission proceedings against Australian nationals pending the outcome of those meetings.
Individual enemy combatants held by the U.S. in the war on terrorism will continue to be assessed on a case-by-case basis based on their specific circumstances for an appropriate disposition of their case. To date, no enemy combatant has been charged for trial before a military commission. No military commission proceedings will begin against any Australian nationals until after further discussions planned for the near future.
Discussions with British legal representatives are ongoing and no military commission proceedings will begin against any British nationals until completion of those discussions.