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Yes

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Yes, because Guantanamo Bay is almost certainly holding innocent civilians behind bars. We know this because some, possibly many, of the captives were turned in by bounty hunters and personal enemies, not by U.S. military personnel. And because terrorists don't wear uniforms, it's impossible to know for sure who the enemy is.

Whether innocent or not, however, the detainees should be given a chance to prove his innocence in a court of law, as any citizen in a civilized country can. Under the Military Commissions Act (MCA), however - pushed through Congress by the Republican allies of the Bush Administration in October 2006 - detainees have almost no chance to get their cases heard. As legal experts have pointed out, the MCA strips detainees of their right to habeas corpus, the fundamental right of any prisoner to test the lawfulness of his detention.

Without the right of detainees to challenge their incarceration, there is no way to know who is innocent, and that means some poor bystander who never meant us any harm or who may actually be an ally could be rotting in Guantanamo with no hope of release.

Under the MCA, the government can hold any prisoner in custody for the rest of his life, without due process or recourse to courts. And what if this innocent man has a wife, children or elderly parents who depend on him?

Is it right to deny these detainees legal counsel and a chance to see the evidence against them, rights you and I enjoy under our Constitution?

No, it's not right. We should shut down the military prison on Guantanamo Bay and incarcerate the detainees on U.S. soil where they will be given a chance to defend themselves in court.

Learn more about this author, Les Jacobs.
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