First Military Commission Conviction Reversed

For Immediate Release

First Military Commission Conviction Reversed

Former Guantánamo Prisoner Not Guilty of “Material Support”

WASHINGTON - Today, the U.S. Court of Military Commission Review (CMCR) vacated former Guantánamo prisoner David Hicks’s conviction in the military commissions for providing material support for terrorism. Hicks was the first prisoner to be convicted in a Guantánamo military commission and a party to CCR’s historic Supreme Court victory in Rasul v. Bush, which established that Guantánamo prisoners have a right to access U.S. courts to challenge their detention. Today’s ruling comes in the wake of an en banc decision by the D.C. Circuit, Al Bahlul v. United States, which held that material support for terrorism is not an offense triable by military commission.

“We are very happy for David. Today’s decision is a powerful reminder that he committed no crime, he is innocent of any offense,” said CCR Senior Staff Attorney Wells Dixon. “David Hicks can now be truly free of Guantánamo.”

Hicks pled guilty to providing material support for terrorism in 2007 because he was tortured and desperate to be free from Guantánamo. His torture is detailed in a 74-page affidavit released in 2012.

Read today’s ruling here.

The case is Hicks v. United States. Co-counsel are Joseph Margulies and military defense counsel Samuel Morison and Major Justin Swick. David Hicks is represented in Australia by Stephen Kenny.

The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is a non-profit legal and educational organization committed to the creative use of law as a positive force for social change.

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