Former Guantanamo Bay inmate David Hicks is taking his case to the United Nations, demanding compensation and an apology from the Federal Government.
Mr Hicks' is appealing to United Nations' Human Rights Committee, saying the Government upheld and enforced an unlawful charge and penalty.
Under his plea deal with the United States, Mr Hicks cannot take legal action against the US for his treatment during detention at the Guantanamo Bay prison.
The submission, authored by humanitarian lawyer Ben Saul on Mr Hicks' behalf, calls for Australia to "request the US authorities to formally overturn Mr Hicks' conviction under US law and to nullify the plea agreement".
On top of the apology and compensation, the submission calls on the Government to abandon its court case against Mr Hicks over the proceeds from his tell-all memoir, Guantanamo: My Journey.
Mr Saul's submission, which was made public for the first time today, claims Australia had breached a number of its human rights obligations to Mr Hicks through its complicity with US authorities and support for the Military Commission process.
It also asks for the Government to "initiate and conduct an independent investigation into allegations that David Hicks was tortured or subjected to cruel, inhuman or degrading treatment in US custody."
The 107-page document sent to the UN critiques the Military Commission at length, describing it as "in essence an organ of the US military" which did not meet the minimum requirements of a fair trial under human rights law.
The submission says Mr Hicks suffered "unlawful psychological coercion, pressure and duress", including beatings, sexual abuse and drugging, and he was convicted on a statement of facts for which he never received any evidence.
Mr Saul said Australian officials "knew or should reasonably have known" of Mr Hicks' mistreatment while in US custody and had "encouraged and supported it" by failing to investigate his credible allegations of torture.
It is Mr Hicks' first major challenge to his detention and conviction under the controversial US military commission system.
After being captured in Afghanistan and being held in Guantanamo Bay, the 35-year-old pleaded guilty to providing materiel support for terrorism.
He was sentenced to seven years' jail, all but nine months of which were suspended, and was transferred from Guantanamo to an Australian prison in 2007 to serve out his term, subject to a 12-month gag order.
Under his plea deal Hicks is forbidden from "appealing or collaterally attacking" his conviction in the United States, which could see him forced to serve out the rest of his sentence, limiting his legal options.
He is also banned from undertaking, participating in or supporting "litigation in any forum against the United States or any of its officials... with regard to (his) capture, treatment, detention, or prosecution."
Accordingly, his appeal to the UN is framed against Australia rather than against the US.
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