The Australian government has basically abandoned Hicks, leaving him to the mercy of the US military (not well known for their mercy), whereas the UK has secured the release of all 9 British citizens who were held in the prison, against all sense and international law.
Mr Hicks's lawyers argue that the Australian government has refused to plead for his release and has made no attempt to prevent his trial by a US military commission.
They say that, in contrast, the UK government has acted to remove all nine of its citizens imprisoned at Guantánamo, and would be compelled to call for the release of Mr Hicks.
The home secretary is considering an appeal, of course.
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