The American Military has started reviewing the status of hundreds of men who have been held at Guantanamo Bay since the war in Afghanistan more than two years ago.
The process was set up following a ruling by the US Supreme Court that the men should be able to challenge their continued detention.
The first tribunal to be observed by journalists took place on Thursday when two Afghan detainees admitted they were with Taliban forces but never fought against Americans.
The US insists the process to determine whether the men are being held legally as "enemy combatants", rather than "prisoners of war" is fair.
What is your opinion on the tribunal system? How should the detainees cases be heard? Are they being treated fairly?
This debate is now closed. Read a selection of your comments below.
The following comments reflect the balance of opinion we have received so far:
The detainees have been treated unfairly until now. The tribunals are a step toward fair treatment. These people have been held 2 years without access to legal counsel or legal process. As an American I find this offensive and contrary to the founding principles of our country. It is very doubtful that any of these people are now a danger to the U.S., Afghanistan or anyone else. Most should be released in Afghanistan - if the local authorities have reason to charge them with crimes, that is their business. The U.S. should have turned them over to Afghanistan months ago.
Dave Woods, Cleveland, Ohio, USA
We have to remember that in all times of war, internment of people considered a threat to security has happened, Japanese and Germans in the last WW2 for example. The USA is not known for gross violations of human rights, quite the opposite. If they are deemed security risk, then I for one back and trust them. But the disenfranchised left will whinge without giving mature options. I am glad they are not in government.
John Karran, Merseyside, UK
Even if the Guantanamo detainees are not being treated fairly, you must acknowledge that the US Army do not behead their Muslim prisoners. The West is at war with Islamist terrorism and must be tough with those militant Muslims, so that no 9/11 terrorist attack can be repeated in the US and the rest of the world.
Jacques Bougnon, Paris - France
It seems to me that there are two distinct groups of people here who need to be treated separately. Any non-Afghans should be dealt with by their own countries, if necessary by charging them with treason or the equivalent (this would include any British detainees). And Afghans captured must be treated as P.O.W.s. We may not have liked the Taliban regime, but the Afghans were entitled to defend their nation against invasion.
Sven, Colne, UK
 |  For me they are guilty by geographical association until proven otherwise.  |
If people go collecting butterflies in a war zone what do they expect from the military? They are fortunate to be alive and from what I understand of the other side, they would not even have bothered to take such persons prisoner - for me they are guilty by geographical association until proven otherwise.
Mike Hall, Kingham, UK In cases like this I always ask the same question. How would Americans react if the roles were reversed and this was a foreign power treating American citizens or servicemen like this?
Kevin, England
Detainees at Guantanamo bay are not being fairly treated. This has been proved time and again by detainees and inspections revealing that hundreds of the people being held there have not been charged and a significant number are subject to humiliation and other means to force confessions. Apart from that there is the position of Guantanamo Bay in what should be part of Cuba, it has been years since the cold war ended and it's time to let go of what should be Cuba's land.
Peter Edwards, Southport England
Guantanamo Bay is a disgrace and flies in the face of democracy, fairness and human rights. Thank goodness the US Supreme Court has at last had the courage to do something. I hope it is the beginning of the end of this shameful abuse.
Stephanie Clarke, Cambridge, UK The men in Guantanamo are enemy combatants who are being held until we can determine if they are a threat to the US. This is legal under international law. After all in World War II, the British held some POWs for five or six years.
Richard T. Ketchum, USA
Most of the people in Guantanamo were just rounded up because they happened to be in a wrong place at the wrong time, including people who were just going to work or some who were point out by someone as a Taliban without any justification. Now how is this fair?
OB, Canada
These men do not share our liberal, western values. In fact, they despise them and all westerners who believe in freedom of choice for the individual. They chose to fight for the Taliban and were detained on the battlefield. They are using our western values to their advantage. They have forfeited any "rights" they had and their fate is justly deserved.
Roger , England
I usually find myself defending the actions of my country from criticism. However, this is one area in which I sincerely disagree with my government. I have no doubt they are being treated humanely, but this is a war for public opinion and principle, so we must take the high ground and be transparent. That said, those of you advising us to look at our own country should look at some of the inane comments about U.S. plans for world domination and an inherently unfair judicial system. How near-sighted, arrogant and hypocritical!
Guy, USA
| We fight to remove monsters such as Saddam, yet fail set the right example ourselves |
Of course imprisoning anyone without access to lawyers and a fair trial is a gross abuse of human rights. What horrifies me is the fact that in Britain we have some people detained, without trial, indefinitely. We fight to remove monsters such as Saddam, yet fail set the right example ourselves. No wonder the west is considered hypocritical in so many parts of the world...
GK, Yorkshire So much apathy... I'm surprised how many people are happy to resort to dropping to the levels of those "we" are trying to over through, isn't it great to be part of such a democratic community.
Ryan, Cardiff, UK
It's wrong and has and will be very counter productive. There is a war going on and although they are not covered by the Geneva convention they should be treated as though they are.
R Gibbon, Petersfield England
These people have not been charged with anything let alone being convicted. They are definitely treated inhumanely. Even convicted criminals and serial killers are supposed to be treated fairly in Britain and America. If this was happening in Afghanistan or Iraq the American authorities would be screaming their heads off. Why this double standard and hypocrisy?
Stuart, Sheffield, Britain
The assumption of most people here seems to be that these are bad guys. Ok then, they should be put on trial and sentenced, no doubt here. If perchance some of them are not bad guys, well then they should have their day in court and get the chance to prove they're innocent. Either way, by denying them a fair trial, or even a proper hearing by a magistrate who doesn't answer to Donald Rumsfeld, America weakens its case against them; and loses a bit more of its already tattered reputation in the world. Guantanamo Bay is a mistake and sets an example that may well come back to haunt the US for a very long time. Rightful democracies don't have areas where their laws do not apply.
Simon, Amsterdam, Netherlands None of those in detention have any complaint. We have heard some of the feeble excuses like ''I had been to a wedding and got lost'', 40 miles inside Afghanistan, with an AK47 in their hands (you see a lot of those at weddings) amongst some. Let them rot there, if they are let out they will only cause problems later.
Lester Stenner, Weston super Mare UK
To everyone who says, "They would get treated worse in their own country/army": This is not the point. We trumpet our belief in the sanctity of human rights, in due process and justice. We then paint ourselves as "better" than those we oppose. So to then throw these beliefs in the bin when it suits us smells quite badly if you ask me.
Graeme, Glasgow
Was the treatment of the people on the aircraft on 9/11 fair? Is the beheading of captives fair, is suicide bombing fair? Considering this and if there is the even the remotest possibility that these prisoners are connected to the Taliban or Al-Qeada they should remain where they are.
Michael, Darlington, UK
Do these prisoners deserve the right to challenge their detention? Yes. Do I lose sleep at night knowing it took this long for the first tribunal? No. This is war, and innocents get wrapped up in it, as we Americans too painfully understand.
Ted, Seattle, USA
We are treating them better than they would treat us. However we have to stand by the rule of law. Otherwise we are no better than them
Terry Howard, Bristol
Definitely not. The US Government seems to be doing anything they can to make sure the detainees do not get a fair trial. These "military tribunals" are a complete joke. The detainees need to be able to challenge their detention in the US courts. That is the only way they will get anything like a fair trial.
Jonathan, Norwich, UK
It's the same problem that everyone has, they're being treated as if they are guilty. The Americans have lowered themselves to the lowest of standards and will have to accept that they will be treated accordingly.
Steve, UK
Better to keep them there than to let them walk free.
Ian, UK
What a stupid question. Since they have been imprisoned for more than two years WITHOUT TRIAL AND DUE PROCESS OF LAW in any sense how can anyone possibly say they have been treated fairly? For heaven's sake let's not debate the un-debateable. The question is whether human rights apply to these people. Or just to us superior westerners...
Pavlos, Athens Greece
They have all been labelled evil and dangerous by the very same people who hold the key to their freedom. Being held captive away from all rules of law for 2 years is unfair enough. In light of all these issues it's obvious that the tribunal system is a joke.
Ezekiel Phayze, Leicester, UK
| What were they doing in North Afghanistan? |
Before any questions about fairness with treatment are answered, we should know what were they doing in North Afghanistan? They were not UN people, neither were they working for charity!. If they were in England, working like the rest of us, they would not be prisoners. And I wonder where would they be and what would they be doing if they were lucky and had never been captured. It is normally the case when in trouble we are suddenly British.
Marlena, Manchester, UK
The problem is that the Americans are using the same excuses as the old Soviet Union used or its camps and methods. They might both be correct from their point of view, given their beliefs that they are at war.
Steve, UK
The treatment of the detainees would rest on the international definition of a "Prisoner of War", on one hand, and an "Illegal Combatant", on the other....a phrase never known until the Americans decided to run the world like they want, while the UN sits and watch like a toothless paper tiger
Lanre, Manchester
I don't have enough information to know whether they are being treated fairly. What I do know is that they were captured in enemy territory during a war, they will need a very good reason for being there before I have any sympathy with them.
Chris, Bradford, UK
"Are they being treated fairly?" is a question that no-one can honestly answer. We simple don't know if they are guilty or innocent. The point of justice is to find an answer to this question. At the moment there is no justice in Guantanamo.
Tim, Bath, England
So many legal visionaries here who seem to KNOW these individuals are all guilty and so they "don't care". Two years without legal representation or any charges, fair? Sounds quite 'Soviet' to me. Very appropriate they should be held in Cuba.
NM, UK
They should either be treated as criminals in which case they should have fair trials with their own lawyers etc, or they should be treated as POWs and kept under lock and key until terrorism is defeated.
Andrew, London
| Has anyone been inside and observed how they're treated? |
How do we know? Has anyone been inside and observed how they're treated? All we know is that they have been detained. We don't know whether any of them are terrorists because no evidence has been provided to actually charge them. This doesn't strike me as particularly fair at all!
Rob Smith, London, UK
US taxpayers are supplying them with four religiously-appropriate meals per day, an Imam who calls them to prayer, a Qur'an, a prayer rug and cap, and an air-conditioned unit for six with board games and books as rewards for good behaviour. Some of the world's homeless would gladly trade places.
Sharon, USA
Perhaps the trials are harsh but hardly inhuman. The detainees who aren't charged will all be released eventually. I have a question for our 'British' detainees. What were you doing in Afghanistan? Who in their right mind would go to Afghanistan while the war was on? Answer: they were fighting for the Taleban. We don't want them back in this country.
T, Scotland
America can do whatever it wants, when it wants and how it wants.Under the Geneva Convention of 1949, prisoners of war are supposed to be treated humanely with a set of guidelines to follow. By calling them detainees, the military can do whatever they want to these men. They say there's justice for all, they have their independence celebrations for their Independence Day, but their independence doesn't go far enough as far as the justice side of it goes.
Syed Ali, London
I could not care less. Far more important people in the world to help like those in most African countries where the governments are either starving them to death or shooting them. These prisoners although not charged, are terrorists or have been supporting them and therefore are dangerous. Why does anyone care about them.
Nina, UK
To Nina, UK. No trial and no charge, yet they must be terrorists? If I say you're a terrorist can I come and drag you away and torture you? I guess so! Who would care, after all, I have the same proof that you're a terrorist as the US have against these detainees! So you must be one !
Jon, UK
| This is a war situation, not a school playground brawl |
In a word yes, they are being treated fairly, this is a war situation, not a school playground brawl, and yes there may be one or two that are innocent at Guantanamo, but then how many innocent people have been killed. what is amazing is that many of these so called terrorists can hand out the violence and death to others but they cannot take even the smallest bit of their own medicine. We need a secure place for these men to make this world a safer place for the real innocents
Pat, Sussex Pat, Sussex: one or two may be innocent? So far over four hundred have been released because the Americans decided that suddenly they weren't a threat or weren't guilty. That's more than half those originally detained. And only a dozen or so have been charged. These ratios do not provoke a great deal of optimism. And when the judge, the prosecutors and the defence all depend on the same people for their career prospects, that doesn't sound all that fair.
Paul Watson, London, UK
I was always taught that if you want to lead then you do by example. I have no sympathy with the Taliban, al-Qaeda, the IRA, or any terrorist group but I don't believe in lowering my standards for them. The problem for the authorities is that because the camp was set up in such haste, with all the legal processes being ignored. So, how is the Bush administration going to get any results that will satisfy the American public? God only knows how many terrorists the shackled orange dressed prisoners have recruited!
Ray, London, England
The detainees are not being held fairly. It seems that Americans think that anyone who speaks Arabic is a terrorist, and will hold them as part of their world domination plan.
Allan, Glasgow, UK
How can they say there wasn't a declaration of war when George Bush himself declared his "war on terror"? Surely that pretty much covers it?
David R, Plymouth UK
Most of these people were caught in a war zone with no good reason to be there other than fight. Constant bleating about Human Rights for these people will be our ultimate downfall.
Michael, Wolverhampton
When we were actively at war "yes". But does it really take two years to decide what is to be done with them?
John, Cambridge, UK
Yes they are being treated fairly, if they were caught by their own army and put in their own prisons they would have been treated far worse than they had by the US.
Thushan, Colocmo, Sri Lanka
Fair is not the word that comes to my mind when talking about the US justice system whether military or not.
Xavier, France
They're being treated as terrorists should be treated. It's as simple as that.
Pete, Yate, England
How can we possibly know the answer? We only see what the media is supplied and chooses to display, and that information has a doubtful and corruptive 'ring' to it. We will never know until reports become public info, but with documents easily deleted nowadays, even this hope of finding out the truth is in doubt.
Max Richards, Wales
How fairly are those beheaded in the name of Islam treated? Sure, this lot have lost their freedom but they are ALIVE. If I had a choice of being picked up by the Americans or those barbarians that shamelessly invoke the name of Islam for their crimes, I would rather it was the Americans.
Barry, London UK
The whole designation of "enemy combatants" is just a convenient excuse for the Bush administration to trample all over the Geneva Convention. These men should have been released at the end of the Afghan war. Why should we believe, even for a minute, that these detainees will face a fair tribunal?
Rob A, London, UK
Who cares? If these people chose to put themselves in harms way, they should accept the consequences and be grateful they are not dead.
Peter Howe, Milton Keynes, England
It is right that they should be allowed to challenge their detention. However one has to question how either side will be able to prove the status of these individuals or their role in the war when they are thousands of miles away from potential witnesses. More pertinent perhaps would be their links to Al Qaeda activities or Taleban atrocities against the people of Afghanistan?
Andy D, Oxford UK
Nobody queries the legality of the military tribunals held at Nuremberg to try the Nazi's so why question them now? Any trial these people receive will still be vastly fairer than a Saudi, Iranian or Afghan court...at least they'll get some sort of lawyer & be tried in a language they understand.
Peter, Nottingham (U.K)
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