Australia's Attorney-General Philip Ruddock says that while such evidence is not an accepted part of civilian trials, it can be used in military trials. "We've always known that that was the approach in the military trial arrangements," he said. Opposition legal affairs spokeswoman Nicola Roxson says the use of such evidence condones torture. "I think it does and I think it highlights the reason that in Western countries like Australia, and in the ordinary American civilian system, would not allow material to be used in court when it's been obtained from torture because that gives it some weight, gives it some credibility, as an indication that the state says that this is acceptable material to use," she said. Ms Roxson says it is wrong to condemn torture, but then talk about how evidence obtained through it can be used. "It's inappropriate but we still want to go on and talk about how it can be used. I don't think you can have it both ways," she said. "This is something that all Australians would be concerned about. I am quite astounded Mr Ruddock is not being stronger on this issue." Lawyers acting for Australian detainees in Cuba have called for the Government to renounce the practice. Two Australians, Mamdouh Habib and David Hicks, are being held at Guantanamo Bay. The lawyer for Hicks, Stephen Kenny, says the US Government's plan to use evidence resulting from torture will hamper any chance of a fair trial. "If you want to try people, give them the proper protection, give them the same rights you give your own citizens and put them before a proper court and give them a chance to defend themselves," he said. "Don't take them to a place where you're trying to hide them beyond the rule of law, which is what they did in Guantanamo Bay." Mr Kenny has again called on the Australian Government to bring Hicks home and allow him to defend himself against allegations of war crimes before an Australian court. About 70 years ago, the United States Supreme Court ruled evidence gained through torture was inadmissible. But the US deputy associate Attorney-General, Brian Boyle, has told the District Court in Washington DC that the Guantanamo review panels are allowing such evidence. This week the International Committee of the Red Cross accused the US military of using tactics "tantamount to torture" on prisoners at Guantanamo Bay, a claim the Pentagon rejects.