As president Bush purports to export democracy to other nations, he continues to deny it at home. He gained the support last week of six Supreme Court justices, who refused to hear the appeals of 45 detainees at the Guantanamo prison in Cuba. Each of the 45 has been held prisoner for more than five years without a criminal charge. The Sixth Amendment to the US Constitution states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury... and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence.” The Guantanamo detainees have none of these protections.

According to the Bush administration, there is no constitutional violation because, as enemy combatants, they have no constitutional rights. This Catch-22 was validated last week by the Supreme Court’s refusal to take up a challenge to the limited review provided by Congress in the Detainee Treatment Act of 2005. The Congress should rewrite the law promptly, granting prisoners the right to know and challenge the basis for their detention. Further delay is a blight on America’s reputation, and conscience.