[Marxism] UK judge: Guantanamo Bay represents "monstrous failure of justice"

["Ben Halligan" <B.Halligan@xxxxxxxxxxxx>]

http://news.bbc.co.uk/1/hi/uk_politics/3238624.stm

Top UK judge slams Camp Delta
 
 
Lord Steyn challenged ministers to take action 
One of Britain's most senior judges has condemned the US over the
detention of terror suspects at Guantanamo Bay. 
Lord Steyn said conditions at Camp Delta were of "utter lawlessness", in
a speech seen by Channel 4 News. 

The Law Lord said the US was guilty of a "monstrous failure of justice"
and challenged UK ministers to condemn the decision to hold any
prisoners there. 

He said detainees were "beyond the rule of law, beyond the protection of
any courts and at the mercy of victors". 


Lord Steyn's comments came as Australia said the US had agreed that two
of its citizens at the camp would not face the death penalty, although
they could face a military tribunal. 

British officials said the deal would not affect talks over two UK
citizens also facing trial at the base. 

'Not quite torture' 

Lord Steyn said the nine British prisoners in Guantanamo Bay had been
failed by the UK Government - even though a guarantee sparing them the
death penalty had been reached. 



 GUANTANAMO BAY 
 
United States Navy base in south-eastern Cuba 
Leased by Washington since 1903, but not regarded as US territory 
Houses more than 600 al-Qaeda and Taleban suspects 
Inmates not covered by US constitutional guarantees 


Q&A: Detainees' status 
In pictures: Shadow of Guantanamo  

He is reported to have said ministers must "publicly and unambiguously"
condemn the holding of all 660 prisoners at the base. 

Lord Steyn quoted officials as saying: "It's not quite torture but at
close as you can get." 

The rules did not prevent the use of force to coerce confessions and
prisoners had been left without any rights, he said. 

"The question is whether the quality of justice envisaged for the
prisoners at Guantanamo Bay complies with the minimum international
standards for the conduct of fair trials," Lord Steyn continued. 

"The answer can be given quite shortly. It is a resounding 'no'." 

No jurisdiction 

It is rare for British judges to speak on contentious political issues
and almost unheard of for them to attack a foreign government, BBC
diplomatic correspondent Barnaby Mason said. 

Analysts said the Australian deal could be the model for a future
agreement between Britain and the US. 

The Australian Government says its law does not permit the suspects to
be tried back in Australia. 

But the BBC's state department correspondent Jon Leyne said that if they
are convicted, there is a good chance they will be allowed to serve
their sentences back in their home country. 

So far courts in the United States have ruled that they have no
jurisdiction over the detainees since Guantanamo Bay is not American
territory. 

However, earlier this month, the US Supreme Court agreed to hear appeals
on the legality of the detentions. Arguments are expected to be heard
early next year with a ruling issued by the end of June. 

Lord Steyn is the latest senior judicial figure both in the UK and the
US to question the legality of the Camp Delta detentions and the way the
war on terror is being prosecuted. 

The American Bar Association (ABA) last year expressed concern over the
jailing of American citizens as "enemy combatants" without being charged
or having access to lawyers. 

And in August this year, the ABA urged Congress and the Executive to
ensure that all defendants in any military commission trials have the
opportunity to receive "zealous and effective civilian defense counsel".


In September, the British Attorney-General Lord Goldsmith, speaking at
the International Bar Association's annual conference in San Francisco,
called on the Bush administration not to deny terror suspects at
Guantanamo Bay a fair trial.