Former Guantanamo Bay detainee Mamdouh Habib's legal case for compensation against the Egyptian government for his rendition, torture and detention more than a decade ago, is on the verge of collapse because the Australian government has refused to help him.
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In court proceedings in Egypt last week, Mr Habib's lawyers were told they had five days to present verification of Australian documents needed for his case, or it would be dismissed.
The documents have already been used in Australian investigations and proceedings to confirm that Mr Habib had been detained in Egypt, after being arrested in Pakistan in late 2001 and before he was transferred to Guantanamo Bay. He was released without charge in 2005.
Mr Habib's lawyer, Zali Burrows, asked the government earlier this year for the documents, which have already been supplied, to be recognised officially by the Australian government – a requirement for the documents to be used in the Egyptian judicial system.
Australia's Inspector-General of Intelligence Services has already released a report in December 2011 about what happened to Mr Habib, finding that he had been taken to Egypt and that Australian officials knew he was there. The Australian government paid Mr Habib an undisclosed amount of money to drop his case against them.
But a spokeswoman for the Department of Foreign Affairs and Trade said that under international law, the Australian government is not obligated to participate in foreign legal proceedings.
"International law and conventions provide immunity to the Australian Government, its diplomatic officers and documents of the embassy," she said.
She said a lawyer acting for the Australian Government attended a court to reiterate that it has not waived its immunity and the Australian Government would not participate in the Egyptian proceedings.
The spokeswoman said Mr Habib's legal case in Australia had been finalised.
Mr Habib said he was angry at the lack of help from the Australian government.
"The case is very important to me. I will not let go. I will go to the international court if I have to," he told Fairfax Media.
The news come as new documents have emerged from freedom of information requests that back claims by another former Guantanamo Bay detainee, David Hicks.
Mr Hicks said he had been shown a photo of a battered Mr Habib while he was being held in detention and threatened with being sent to Egypt for similar, brutal treatment if he did not co-operate with his United States interrogators.
