The allegations in the David Hicks affidavit are shocking, even though we are inured to the steady stream of horrifying claims (some, at least substantiated by authoritative persons) regarding Guantanamo and Abu Ghraib.
Does the FTCA (Foreign Tort Claims Act) apply in Guantanamo? or is that foreign soil for FTCA purposes? If the allegations are true, the U.S. government may be at risk for substantial money damages claims. Even if sovereign immunity does apply and has not been waived, such claims might be brought in other jurisdictions--say Australia.