The Australian Government has been advised that the prosecution will present charges against David Hicks to the Appointing Authority in early June. Approval of these charges will enable Mr Hicks's defence counsel to prepare their case with a view to the military commission itself. The military commission, which is likely to be convened by August, will be open to the media and to members of Mr Hicks's family.
Mamdouh Habib is on a list of detainees designated for Military Commission which is to be submitted to the President for approval also in early June. Upon such approval, Mr Habib will be entitled to the same conditions of trial as Mr Hicks.
I am aware that lawyers for both men allege that they have been mistreated. We have sought and received assurances from US Deputy Secretary of Defense Wolfowitz that Mr Hicks and Mr Habib have been humanely treated and will continue to be so. Australian officials have visited Mr Hicks and Mr Habib on several occasions and found no evidence of mistreatment. The International Committee of the Red Cross has also confirmed that it has raised no concerns specific to either Mr Hicks or Mr Habib. Nevertheless, in response to our representations, the United States has agreed to undertake a comprehensive review of the treatment of both men at all times while in US custody.
Under US military commission rules, Mr Hicks's lawyers have been barred from raising their concerns about his treatment with the government directly. At our request, the US has agreed to lift these restrictions. Officials are making arrangements to speak to Mr Hicks's legal counsel as soon as possible. As we have consistently done, we will raise any matters of concern about Mr Hicks's treatment with US authorities.
Mr Habib's family lawyer has written to the government in the last few days outlining his concerns about Mr Habib's treatment. His letter is receiving attention.
The Australian Government has consistently worked to ensure that, consistent with the particular circumstances of their apprehension and detention, Mr Hicks and Mr Habib are afforded a fair trial as expeditiously as possible. We will continue to do so. As I did during his visit here last year, I will raise the matter with President Bush during my discussions with him in Washington this week.