# Justice, Fairness, and Guantanamo

**URL:** <https://boards.straightdope.com/t/justice-fairness-and-guantanamo/352094>\
**Category:** Great Debates\
**Created:** [April 10, 2006, 3:38pm UTC](https://boards.straightdope.com/t/justice-fairness-and-guantanamo/352094 "2006-04-10T15:38:17Z")\
**Posts on this page:** 1\
**Page:** 2

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**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\
**Post date:** [April 13, 2006, 1:58pm UTC](https://boards.straightdope.com/t/justice-fairness-and-guantanamo/352094/21 "2006-04-13T13:58:00Z")

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> [@jawdirk](#):
>
> However, there has been a concerted effort to restrict access so as to prevent the collection of this sort of evidence. Because the Guantanamo authorities restrict access to the prisoners, the burden is on them to prove that no prisoners have been mistreated, not the other way around. Suppose I kidnapped your family members, wouldn’t allow you to see them, and denied I had done any wrong doing because there was no evidence that they had been mistreated.

Exactly. It wouldn’t matter if Gitmo was a upmarket version of Club Med, with the prisoners given every luxury (except, of course, the right to leave, and the right to communicate with the outside world). Just holding them prisoner without charges, without trial, without access to an independent tribunal to assess their guilt, is completely contrary to the rule of law. Torture would make it worse, but just holding them as prisoners in this way is completely wrong by itself.

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