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CANBERRA - The government denies that David Hicks is being mistreated by his US military captors, after the Adelaide terror suspect said he feared punishment if he accepted a visit by an Australian official.
In a letter, released by his lawyers today, Hicks told the official that the best thing they could do for him was to get him out of the US prison in Cuba.
Foreign Minister Alexander Downer, despite saying he was satisfied over Hicks' treatment, has pledged to investigate any fresh allegations of abuse after the Australian told his lawyers that conditions at Guantanamo Bay were "like a Nazi concentration camp".
The new concerns over Hicks' health come as the US indicated that charges could be laid against him by the end of this week.
Attorney-General Philip Ruddock has asked the US government for a detailed assessment of Hicks' health and the conditions of his detention in the wake of the claims, which follow a visit to the prison by his lawyers David McLeod and Major Michael Mori.
Mr Downer said that 18 consular visits to Guantanamo Bay by Australian officials from Washington had raised no concerns about Hicks' treatment, and two previous allegations that Hicks had been tortured had been denied by the US.
"As far as allegations of maltreatment are concerned, we'd obviously be very concerned if those allegations were true," Mr Downer told ABC radio.
"We've had the allegations (of torture) investigated on two occasions. If there's fresh information that somebody can bring forward ... then we're obviously happy to investigate it."
Hicks refused to take an unscheduled visit from an Australia consular official who tried to see him yesterday.
Sending a letter through his lawyers, who were visiting him, Hicks told the official he was afraid to speak to him because after previous visits he had been stripped of basic privileges such as toilet paper and writing implements.
"In the past I have been punished for speaking to you," he wrote.
"I am not well, I am not OK and yet you have not done anything for me and the Australian government keeps saying I'm fine and in an acceptable situation.
"To speak with you and tell you the truth and reality of my situation 'once again' would only risk further punishments.
"You are not here for me but on behalf of the Australian government who are leaving me here. If you want to do something for me then get me out of here."
Hicks has been detained at Guantanamo Bay since January 2002, a month after he was captured with the Taleban in Afghanistan.
He pleaded not guilty to charges of conspiracy, aiding the enemy and attempted murder at a US military commission hearing in August 2004, but the charges were struck out after a US Supreme Court ruling last June declared the military commissions unlawful.
The Americans announced a new system of military commissions earlier this month -- with Australia requesting charges be laid by mid-February.
Colonel Mo Davis, the prosecutor preparing the case against Hicks, said that new charges against the Australian were in the final stages of preparation and could be laid by Saturday.
He expects the charges would be similar to the ones Hicks faced in 2004.
"(We're) just adapting everything to the new rules and the new format, (and that) ... takes a little bit of time, but I'm confident that by Friday we'll have everything in order and be ready to swear the charges."
- AAP
