The Assembly resolved:

03.42

(a) affirming that:

God's love for every human being leads Christians to support those whose human rights are disregarded, including those who are imprisoned unjustly, and 

it is a fundamental responsibility of a democratic government to seek to safeguard the human rights of all its citizens, including the unpopular and the alleged wrongdoer, 

to deplore the detention without legal charges or trial of Australian citizens David Hicks since January 2002 and Mamdouh Habib since May 2002 in Guantanamo Bay, Cuba, and the acquiescence of the Australian Government in their detention by the government of the United States of America;

(b) to request the Australian Government to act immediately:

(i) to enable any alleged offences of David Hicks and Mamdouh Habib to be dealt with under Australian or international law,

(ii) to ensure that David Hicks and Mamdouh Habib are granted access to lawyers engaged by themselves and/or their families,

(iii) to arrange for the return of David Hicks and Mamdouh Habib to Australia to be dealt with under Australian or international law for any alleged offences,

(iv) to arrange the release from detention of David Hicks and Mamdouh Habib if there is insufficient evidence for them to face trial under Australian or international law,

(v) to protest against United States plans to bring one or both of David Hicks and Mamdouh Habib to trial before a United States Military Tribunal, and

(vi) to protest in the strongest possible terms against the potential use of the death penalty as a punishment, should the United States proceed with plans to try David Hicks and/or Mamdouh Habib and find them guilty;

(c) to communicate these resolutions to the Australian Government, the Federal Opposition, the Australian Democrats, the Australian Greens, the Ambassador of the United States of America and the families of David Hicks and Mamdouh Habib.