Fed: Ruling won't overcome all hurdles for Hicks citizenship bid

AAP General News (Australia)
04-12-2006
Fed: Ruling won't overcome all hurdles for Hicks citizenship bid

By Lauren Ahwan

ADELAIDE, April 12 AAP - Australian terror suspect David Hicks must still overcome
many hurdles in his bid to become a British citizen, even if a court tonight rules in
his favour, says his lawyer.

Hicks, 30, is expected to learn tonight (AEST) whether he will be registered as a British
citizen as part of his attempts to be freed from Guantanamo Bay, in Cuba, where he has
been held by the US military since late in 2001.

Last month, the UK Home Office appealed against a High Court verdict that required
the government to register him as a British citizen - something he is entitled to as his
mother was born and raised in England.

The verdict is scheduled to be handed down today after 10am London time (1900 AEST).

However, Hicks' US civilian lawyer Joshua Dratel said both sides could apply to appeal
the verdict further to the House of Lords.

And, after all appeal avenues were exhausted, if Hicks was entitled to citizenship,
the process could be long and arduous and could even be overturned.

"I think that the UK government has conceded that David qualifies for citizenship,"

Mr Dratel said today.

"The real question is what happens at that point - can they revoke it (and) what are
the standards of revocation?

"The British government has indicated that it may grant David citizenship and then
revoke it ... they would revoke it before he is repatriated.

"(Then) we would have to challenge the revocation in the courts."

Mr Dratel said US authorities could also seek to intervene.

"The British government has said publicly that they have attempted to (swear Hicks
in as a citizen), only to have met resistance from the US government (in) getting access
to David in Guantanamo," he said.

"(The original court ruling) said if there are logistical obstacles to swearing David
in, then there could be a waiver of that (swearing in) provision and he could, in effect,
be able to do so just on the papers we have already submitted, so that would make him
a citizen anyway.

"It (getting Hicks British citizenship) is a many-tiered process, unfortunately, in
terms of time and in terms of clarity.

"But we're trying to pursue it on as many levels as we can simultaneously because time
obviously is an issue for us."

Adelaide-born Hicks hopes that if he becomes a British citizen, the UK would lobby
for his release from Guantanamo Bay, as it has for other British subjects.

All nine British citizens - some of whom were dual citizens - who were detained at
Guantanamo were released in 2004 and 2005.

The Australian government, in contrast, has made no effort to free Hicks, leaving his
fate in the hands of the US military commission process.

However, while Britain has criticised the system of military justice applied at the
detention facility, it is not clear if officials would intervene in Hicks' case even if
he wins citizenship, since legal proceedings against him are already underway.

Hicks, who was captured with Taliban forces in Afghanistan in late 2001, has pleaded
not guilty to charges of conspiracy to commit war crimes, attempted murder and aiding
and abetting the enemy.

His military commission trial is currently on hold, pending the decision of a related
US Supreme Court matter involving another Guantanamo Bay detainee.

AAP la/it/sp

KEYWORD: HICKS UK LEAD

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