Somewhere in Cuba that is forever America

The majority of Americans are opposed to the detention centre in Guantanamo. Both presidential candidates, the Democrat Barack Obama and the Republican John McCain, have said they would close it upon moving into the White House. And now the Supreme Court has dealt it a catastrophic ruling, the most serious blow yet to President George Bush's policy of holding prisoners indefinitely in a corner of Cuba without trial. It is the third time the Supreme Court has ruled against Bush on Guantanamo. On the previous two occasions, the administration and the Republican-controlled Congress changed the law to strip the detainees of their right to habeas corpus.

Bush cannot go to Congress this time because it is now controlled by the Democrats, who favour closing it. The Guantanamo camp, which was opened in January 2002 to detain terror suspects, has done America's image immense harm; it is worth noting that key allies Britain, France and Germany have called for its closure as have senior US politicians. The longer it remains open the darker will be the stain on America's reputation. The best weapon against terror is justice delivered not behind closed doors but in an open and transparent manner.

Guantanamo is a place where justice is denied which is why it was picked - to be beyond the jurisdiction of American courts. That has now changed. At last the Supreme Court has shown the courage to say the denial of habeas corpus must stop in the name of law. It may be that Guantanamo will be closed in the near future but there seems little indication that the Bush White House has any intention of shutting it down soon or releasing those who have been held there for years without charge. However we know now that American law does extend to that wretched place.