Williams later admitted, however, that Australian and US authorities were “no closer to finalising their inquiries” and that he had no idea, nor could he determine “when detention will cease”. The U.S. military, he said, was “not in a position to make a decision about whether there will be prosecutions or whether it can be properly alleged that offences have been committed. The men are in U.S. military custody and the investigations that are in train have to take that fact into account.” No one should expect “an instant outcome,” he added.

Yet, Hicks and Habib have been interrogated on a daily basis—in Habib’s case by police and military personnel from Pakistan, Egypt, Australia and the U.S. According to legal experts they cannot be charged with any offence under Australian law. Nor, as Williams freely admits, is it clear whether any charges will be laid against them in the US or if they will ever be released. They have no access to a lawyer, which means that even if they admitted any criminal offence, such evidence would not be admissible in a properly constituted court of law.

Speaking with the WSWS, Stephen Hopper said the Howard government’s refusal to take any action to secure Habib’s release was an outrage and would come unstuck.