CCPR/C/115/D/2005/2010 and Australian officials, who had the capacity to influence judges and jurors of the Military Commission. His status as an “enemy” engaged in “unlawful” combat was highly prejudicial and pejorative and must have tainted the Military Commission’s perception of him. Moreover, his long period of pretrial detention, the high level of publicity surrounding alleged “terrorists” at Guantanamo Bay and the remote, highly militarized conditions in which he was held conveyed the impression that he was a notorious and dangerous criminal; (e) The author was not informed promptly of the nature and cause of the charges against him. The first charges were issued only in June 2004, i.e. almost two and a half years after his detention. They were subsequently withdrawn and new ones were brought only in late 2006. No adequate justification was given for the delay; (f) Despite his requests, the author was not provided with legal representation until 28 November 2003, when Major M.D.M. was appointed as his military defence counsel. His United States civilian defence counsel and one foreign attorney consultant were appointed after that. His military lawyer conceded lacking experience in the relevant law and procedure. By contrast, the prosecution legal team had both experience and greater resources at their disposal. The author also requested a lawyer when being interviewed in United States custody by Australian officials in May 2002, but was told that he was not entitled thereto. Additional claims under articles 9 and 15 16. Australia could have followed a course of action similar to that of the Government of the United Kingdom of Great Britain and Northern Ireland regarding British nationals held at Guantanamo Bay. The Government of the United Kingdom insisted to the United States that British nationals should not be tried before United States military commissions because of the manifest unfairness of that process. The United Kingdom thereby secured the release of all its nationals without subjection to an unfair trial. With this precedent and Australia enjoying a comparably close relationship as a United States ally, there is no reason to believe that the United States would not have acceded to a similar request from Australia for the release of the author. 17. During the period of the author’s detention, officials of the Government of Australia repeatedly stressed the closeness of therelationship of Australia with the United States and the former’s capacity to secure outcomes. The Government of Australia reportedly made various representations to the Government of the United States that sought to improve the procedures and protections available to the author. Australia secured the release of another Australian from Guantanamo Bay. However, Australia did not make strong protests or representations to the Government of the United States to object to the retroactivity of the charge against the author or the unfairness of his procedure. On the contrary, numerous public statements by senior Australian officials expressed support for the author’s prosecution and trial. The Government of Australia defended its difference in approach from the United Kingdom by arguing that the author had already been charged, whereas the repatriated British nationals had not. However, the latter had not been charged precisely due to British objections that the trial procedures were not fair. Claims under article 14 (3) (b) regarding the preparation of a defence 18. The author was interrogated on numerous occasions without the presence of his lawyer and the information gathered was later used as evidence against him in the Military Commission proceedings. 19. The author was only able to communicate with his lawyers when they were present at Guantanamo Bay. He was rarely provided with the means or opportunity to communicate 16

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