Thousands of people have attended rallies across Australia to mark the fifth anniversary of

Australian scapegoat David Hicks' detention without trial and without any sustainable charges being laid against him after the US Supreme Court in June declared that the military tribunals set up to try David Hicks and the other political scapegoats were illegal.

More than a thousand protesters have marched on the US Consulate in Sydney the rally began at Sydney's Town Hall with protesters wearing orange prison jumpsuits, symbolic of Hicks' treatment at the US detention centre at Guantanamo Bay, Cuba, where he has been held since early 2002.

Yesterday, more than 20 human rights groups, cultural organisations and politicians from NSW joined the rally to protest against David Hicks' imprisonment.

The demonstrators accused Prime Minister John Howard and the government of trampling upon Australia's democracy by not pushing for Hick's return.

Greens senator Kerry Nettle called on Mr Howard to personally take action.

"Make a phone call to your mate (US President) George W Bush and ask that David Hicks come home and spend Christmas with his family," she said.

"(Howard's) already shown us that he's not going to do it on the basis of compassion, he's not going to do it on the basis of humanity so let's make him do it on the basis that he'll lose (next year's federal) election if he doesn't."

The crowd erupted in applause.

Demonstrators also listened to Australian citizen Mamdouh Habib who was released from Guantanamo Bay in January 2005.

He had not been charged.

Mr Habib wore one of many t-shirts labelled: "Prisoner Exchange Program - Imprison Howard - Free Hicks".

"I'm not here to just say bring David Hicks back, I am here to let you know what's going on," he said.

"John Howard, he doesn't want (to) bring David Hicks here for so many reasons, because he's a good witness against the crime of the government overseas."

"Australian government (and) John Howard, he waits for David Hicks to turn up crazy in Camp Five.

"And, I'm telling you from here, I'm not scared from anybody. I'm not scared to go back to Guantanamo Bay. I'm telling John Howard, come here, take me back to Guantanamo Bay - I will be proud to be there ... with you, because you (are a) criminal."

Andrew Ferguson, NSW Secretary for the Construction, Forestry, Mining and Energy Union (CFMEU), also criticised the government.

"I speak today not just from the (CFMEU) but many other progressive trade unions and tens of thousands of rank and file trade unionists that understand the unfair treatment of David Hicks is an issue that's fundamental to the working people in this country," Mr Ferguson said.

"These are fundamental issues of democratic rights.

"The opposition to the imprisonment of David Hicks is part of this much broader battle about civil liberties and democratic rights in this country."

Following the Town Hall rally, the protesters, under police escort, marched north up George Street to demonstrate outside the US Consulate in Martin Place.