CCPR/C/115/D/2005/2010
Annex I
Views of the Human Rights Committee under article 5 (4)
of the Optional Protocol to the International Covenant on
Civil and Political Rights (115th session)
concerning
Communication No. 2005/2010**
Submitted by:
David Hicks (represented by counsel,
Tamara Sims and Ben Saul)
Alleged victim:
The author
State party:
Australia
Date of communication:
20 September 2010 (initial submission)
The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 5 November 2015,
Having concluded its consideration of communication No. 2005/2010, submitted to
it by David Hicks under the Optional Protocol to the International Covenant on Civil and
Political Rights,
Having taken into account all written information made available to it by the author
of the communication and the State party,
Adopts the following:
Views under article 5 (4) of the Optional Protocol
1.1
The author of the communication is David Hicks, an Australian citizen born on 7
August 1975. He claims to be a victim of discrimination by Australia under articles 2, 7, 9,
12, 14, 15, 17, 19, 22 and 26 of the Covenant. The Optional Protocol entered into force for
the State party on 25 December 1991.
1.2
The author was apprehended in Afghanistan in November 2001. On around
15 December 2001, he was transferred into the custody of the United States of America,
held at various facilities and later transferred to the United States Naval Base at
** The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Lazhari Bouzid, Ahmed Amin Fathalla, Olivier de Frouville,
Yuji Iwasawa, Ivana Jelić, Duncan Laki Muhumuza, Photini Pazartzis, Mauro Politi, Sir Nigel
Rodley, Víctor Manuel Rodríguez-Rescia, Fabián Omar Salvioli, Dheerujlall Seetulsingh,
Anja Seibert-Fohr, Yuval Shany, Konstantine Vardzelashvili and Margo Waterval.
Pursuant to rule 91 of the Committee’s rules of procedure, Committee member Sarah Cleveland did
not take part in the examination of the present communication.
Two opinions signed by two Committee members are appended to the present Views.
2