The Australian government appears to have given up on efforts to bring the country's two detainees at a US prison camp in Guantanamo Bay, Cuba, back to Australia to stand trial.
John Howard, prime minister, rejected opposition calls to make local anti-terrorism laws retrospective to enable Mamdouh Habib and David Hicks to be brought to Australia for trial.
Australia trial for Guantanamo suspects ruled out
By Virginia Marsh in Sydney
Published: February 22 2004 21:09 | Last Updated: February 22 2004 21:09
The Australian government appears to have given up on efforts to bring the country's two detainees at a US prison camp in Guantanamo Bay, Cuba, back to Australia to stand trial.
John Howard, prime minister, rejected opposition calls to make local anti-terrorism laws retrospective to enable Mamdouh Habib and David Hicks to be brought to Australia for trial.
Mr Howard, who was a lawyer before entering politics, said it was sometimes fair to use retrospective laws to close tax loopholes but not for criminal cases.
"It is fundamentally wrong to make a criminal law retrospective," the prime minister said.
"Those people will not be brought back to Australia unless, of course, they are acquitted."
Mark Latham, the Labor leader, on Friday said that Australia should consider making retrospective legal changes if that would help ensure the two men could be brought home for trial.
However, he appeared to back down on Saturday after his shadow justice minister raised some concerns.
Mr Latham's remarks were prompted by Britain's success in securing the release of detainees at Guantanamo.
Mr Hicks, who has been held in solitary confinement for much of his internment, has been selected as one of the first Guantanamo prisoners to face the military commission.
He was captured in Afghanistan in 2001 and has yet to be charged.
The US military lawyer selected by the Pentagon to represent the 28-year-old from Adelaide urged Canberra to reconsider.
"I hope it is not too late for the government to re-evaluate the military commission process in light of the position the British government has taken," Michael Mori told ABC. "Hicks should only be tried in the commission process for international crimes and they should be just as applicable back in Australia."
The US and its allies, which included Australia, captured several hundred alleged terrorists and former Taliban fighters in Afghanistan.
About 700 were taken to the US base at Cuba by the Americans but Washington also sanctioned the release of some prisoners to countries such as Turkey.
Human rights groups say this has allowed them to be tortured and forced to reveal information about al-Qaeda.