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Hicks Forced To Agree To Gag Order With Plea
Guantãnamo Detainee May Not Speak To Press, Criticize His Detention Or Say He Was Tortured
March 30, 2007, New York – The U.S. government required Guantannamo detainee David Hicks to agree to a series of
conditions in exchange for accepting his plea before the military commission and releasing him to Australia to serve a
sentence of seven years for “material support” of a terrorist organization. Attorneys with the Center for Constitutional
Rights (CCR), which represented Hicks in the original Supreme Court case that established the right of the detainees to
challenge their detention in U.S. courts, criticized the deal.
Hicks, who has been held mostly without charge for five years at the base and complained of mistreatment in the past,
has had to agree to a gag order on speaking to the media for one year after his release and to stating that he has never
been mistreated while at Guantnamo and that his detention was lawful pursuant to law of armed conflict. He was forced to
give up the right to sue over his treatment in the future and made to promise to cooperate with investigators should the
need arise. In addition, he is forbidden from profiting from his story by, for instance, publishing a book or selling
movie rights and must turn over any profits to the Australian government.
“David Hicks would agree to anything to get out of Guantanamo after being trapped there for more than five years. The
government is attempting to silence criticism and keep the facts of their torture and abuse of detainees from the
public,” said CCR Executive Director Vincent Warren. Pointing to the fact that Hicks already outlined his torture and
abuse in an affidavit he dictated to his military attorney in 2004, Warren added, “You can’t put torture back in a
Shayana Kadidal, managing attorney for the Center for Constitutional Rights Guantanamo Global Justice Initiative said,
“Even pleading guilty wasn’t enough to free David from a ridiculously unfair system designed from the start to hide the
truth. The gag orders are un-American, and, we hope, un-Australian as well.”
The Center for Constitutional Rights represents many of the detainees at Guantanamo and coordinates the work of nearly
500 pro bono attorneys.