legal situation of Guantanamo prisoners

This interesting letter was sent to the NY TIMES by a law school professor:
To the Editor:
Re "A Threat That Belongs Behind Bars," by Eric Posner (Op-Ed, June 25):
International law requires that prisoners of war be accorded the same procedural protections that American soldiers receive under the Uniform Code of Military Justice and that there be a competent tribunal to determine whether an individual is a prisoner of war.
This has not been provided to any of the Guantánamo detainees.
The United States Constitution requires that any person being deprived of liberty by incarceration have significant procedural protections, including notice of the charges, representation by a lawyer, and a hearing by a judge who is not a part of the executive branch.
More important, elemental human rights and human decency require these basic protections, which have not been provided to those at Guantánamo, hundreds of whom have been there for several years now.
Mr. Posner assumes that all in Guantánamo are dangerous when we now know that many have been held there based on mistakes or the flimsiest evidence.
Mr. Posner does not discuss the long-term consequences of the Bush administration's ill-conceived Guantánamo policy: How can the United States insist on fair and humane treatment of its soldiers who are captured when we have failed to provide it to those held at Guantánamo and other detention facilities?
Erwin ChemerinskyDurham, N.C., June 25, 2006The writer is a professor of law and political science at Duke University.