Peter Williamson argues that the detainees held at Guantanamo Bay must receive a fair trial

There are approximately 650 detainees currently held at the US naval base at Guantanamo Bay in Cuba, many of whom were apprehended in the context of the military conflict in Afghanistan.

As the detainees continue indefinitely to await their fate, the Law Society has intensified its campaign to ensure that they are not deprived of their right to a fair trial.

The image of shackled detainees in orange jump suits kneeling before US soldiers on their arrival at Guantanamo Bay in January 2002 is one many will recall vividly.

Since then, the detainees have been denied access to lawyers, to their families, and most importantly to their basic human rights.

Nine of the detainees are UK citizens.

Three are residents of the UK, but without UK citizenship the government says it cannot represent their interests.

I have informed the government of our concern and astonishment at its decision.

It is utterly unacceptable that there is no consular or other official support for the three detainees who were UK residents.

In July 2003, the US authorities announced that two of the British detainees, Feroz Abbasi and Moazzam Begg, had been nominated for trial before a military commission.

We maintain that the procedures for trial before these commissions are severely flawed.

They violate international standards for a fair trial to which both the UK and the US are party.

The UK government has negotiated limited concessions for the British detainees, including their exemption from the death penalty; and negotiations between the UK and US governments continue.

The Prime Minister recently described the possible outcomes for the detainees as '...either sufficient undertakings will be given about the form of trial that the detainees will have under a military commission, or they will be returned to the United Kingdom'.

In the Law Society's view, this is simply not sufficient.

We contend that there are only two legitimate courses of action: try the detainees in a US civilian court that meets internationally accepted standards for a fair trial; or return the detainees to the UK, where they can be tried if there is sufficient evidence against them of an offence in English law.

The Society argues that the US government should have respected the provisions of the Third Geneva Convention (1949) under which the detainees ought to be categorised as prisoners of war unless a competent tribunal, as provided by article 5 of the treaty, has determined otherwise.

In the absence of such determination, the matter should be dealt with in accordance with article 14 of the United Nations International Covenant on Civil and Political Rights (1966), to which the UK and the US are both party.

Article 14 sets out the right to a fair trial - including the right to a fair and public hearing by a competent, independent and impartial tribunal established by law.

It also stipulates the right to adequate time and facilities to prepare the defence, the right to communicate with counsel of the accused's own choosing, and the right to legal assistance without payment.

More importantly, article 14 requires that 'all persons shall be equal before the courts and tribunals'.

The Society recognises the need for governments worldwide to tackle the potential threat posed by international terrorism.

However, it is essential that the correct balance is struck between the legitimate aim of protecting the public and of upholding the principles of fairness and justice.

We also recognise that some of the detainees held at Guantanamo Bay may in fact be responsible for some of the worst crimes of our time.

If that is found to be the case, then they should face the consequences of their actions.

However, what we cannot condone is the outright denial of the fundamental human right to a fair trial.

The Society is committed to ensuring that the independence of the legal profession and the rule of law are maintained worldwide.

We work tirelessly in the pursuit of international human rights, providing support to lawyers whose own rights have been violated, as well as to those fighting to promote the human rights of others.

It is work of which we can all be proud.

The Society has repeatedly raised its concerns about the detainees with the UK and US governments since February 2002.

We are also endeavouring to work with professional legal bodies in other countries whose nationals are detained at Guantanamo Bay.

To this end, I co-signed a statement with nine other bar leaders to make public our concerns at the treatment of the non-US 'enemy combatants' detained in Guantanamo Bay, which was published in The Guardian on 21 August 2003.

Concern for the mental health and general well-being of detainees is growing rapidly.

Some have now been held in US custody for nearly two years.

None has had access to a lawyer in that time, let alone the possibility of challenging the detention in court.

The situation is deplorable.

The Law Society and the international legal community cannot be passive in the face of such manifest and extreme violations of basic human rights.

We will continue to campaign on behalf of the detainees held at Guantanamo Bay and for the protection and promotion of human rights worldwide.

Peter Williamson is the Law Society President