01mar02

TALIBAN fighter David Hicks should be released from a United States military prison regardless of whether he faces prosecution in Australia, the Australian Democrats said.

Hicks, originally from Adelaide, has been detained by US military authorities at Guantanamo Bay in Cuba since he was captured in Afghanistan allegedly fighting for the terrorist al-Qaeda network.

Democrats' law and justice spokesman Brain Greig said it was inappropriate for the US to allow the prisoners to return to their country of origin on the condition they be prosecuted.

"This is a very presumptuous suggestion from the US and assumes that where it has failed, Australia can or will find evidence against Mr Hicks to warrant prosecution," Senator Greig said.

"The Democrats have always believed that David Hicks should be brought home to face whatever charges may apply.

"The United States military commissions are without rules of evidence or rights of appeal and can sentence to death on a lower standard of proof than beyond reasonable doubt."

US Defence Secretary Donald Rumsfeld said earlier this week the US wanted to repatriate as many of the Guantanamo Bay prisoners as possible but only to countries interested in prosecuting those who ought to be prosecuted.

"To now be told that the US has no evidence whatsoever to charge David Hicks it is even more important to have him returned to Australia as soon as possible," Senator Greig said.

Hicks, 26, has been detained for more than three months.