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Hicks won't challenge post-release control order: lawyer

[JURIST] A lawyer for former Guantanamo Bay detainee David Hicks [JURIST news archive] said Monday that Hicks does not plan to challenge the legality of any control order [JURIST news archive] imposed after his release from prison in Australia. David McLeod said that Hicks is grateful for efforts made to secure his return to Australia and doesn't want to be seen as being difficult. Australia's Anti-Terrorism Act (No.2) 2005 [ANS backgrounder] allows the "overt close monitoring of terrorist suspects who pose a risk to the community." In April, the Australian government said that the Federal Police will determine whether Hicks will face a control order [JURIST report] following his release, currently scheduled for December 29.

Hicks was transferred to Australia [JURIST report] Sunday to serve the remainder of his nine-month prison sentence at a maximum security prison near his hometown of Adelaide, South Australia. Hicks, who spent more than five years in US custody since being captured in Afghanistan, pleaded guilty to a charge of supporting terrorism [JURIST reports] in March. Under the plea agreement [text], Hicks was required to state that he "has never been illegally treated" while held as an enemy combatant by the United States and that his detention was lawful pursuant the laws of armed conflict. He also agreed not to take any legal action against the United States for his treatment during his five-year detention. The plea agreement includes provisions limiting Hicks' contact with the media. The Australian attorney general has said the gag order cannot be enforced, but Hicks' lawyer has said that Hicks will not violate the gag order [JURIST reports] because he is not interested in speaking to the media. AP has more. News.com.au has additional coverage.

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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

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