Hicks 'could serve sentence here' (Australia)

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AUSTRALIAN Guantanamo Bay detainee David Hicks could eventually serve any jail sentence in Australia under an agreement signed in Washington. Foreign Minister Alexander Downer and Attorney-General Philip Ruddock said the Australian Government had reached an understanding with the US on the possible transfer of prisoners sentenced under the US military commission process.

That arrangement was signed in Washington yesterday by Australia's Ambassador to the US Dennis Richardson, and Legal Advisor to the Appointing Authority, Office of Military Commissions, Brigadier General Thomas Hemingway.
"Transfers would need the approval of the Australian and United States governments and the transferee, and would only be possible after the judgment of the military commission is final," the ministers said in a joint statement.

"The enforcement of the sentence will be governed by Australian law but must maintain the legal nature and duration of the original sentence." Mr Downer and Mr Ruddock said the arrangement was consistent with requirements of the International Transfer of Prisoners Act 1997 and complemented existing arrangements with the US.

"Should Mr David Hicks, who is currently facing charges before the military commission, be convicted, the arrangement would provide a means for Mr Hicks to apply to be transferred to serve any penal sentence in Australia in accordance with Australian and US law," they said. Hicks was captured among Taliban forces in Afghanistan in December 2001 and subsequently handed over to US forces. He has been held at the Guantanamo Bay detention facility in Cuba since January 2002. He faces charges before a US military commission of conspiracy to commit war crimes, attempted murder, and aiding the enemy.

http://www.theaustralian.news.com.au/story/0,20867,19088480-1702,00.html