Guantanamo "a shocking affront" - British minister

SYDNEY, Sep 13 (Reuters) As Washington rushes to clear the way for trials of foreign detainees held at Guantanamo Bay, a senior British minister said today that keeping prisoners beyond the reach of law was a shocking affront to democracy.

Lord Charles Falconer, secretary of state for constitutional affairs and a close ally of British Prime Minister Tony Blair, voiced some of his country's sternest criticism of the U S military camp during a speech to lawyers in Australia.

He said acceptance of the rule of law meant that courts must be able to exercise jurisdiction over the executive, otherwise the conduct of the executive would not be restrained by law.

''It is because of that basic principle that the United States of America, deliberately seeking to put the detainees beyond the reach of law in Guantanamo Bay, is so shocking an affront to the principles of democracy,'' Falconer said.

''Without independent judicial control, we cannot give effect to the essential values of our society.'' Giving effect to such values was not only the morally correct position to take, Falconer said, but it was also ''a vital part of providing security for our peoples''.

''Without these values, what we are fighting for can get lost in the way we fight,'' he said.

Falconer said the disagreement between London and Washington did not detract from their position as ''close and staunch'' allies.

Questioned later by reporters, he said he was not expressing a change in his government's policy.

British Attorney General Peter Goldsmith has said the camp should be closed, while other ministers have said it should be moved to the United States.

Britain has secured the release of all nine of its citizens held at the camp after saying it did not believe U S plans for military trials would be fair.

Those trials were halted when the U S Supreme Court ruled in June that the tribunal system set up by President George W Bush to try foreign terrorism suspects was illegal.

They cannot resume until the U S Congress passes a new law authorising them. Congress is under pressure to act before a recess ahead of mid-term elections in November and is negotiating over Bush administration proposals.

Asked several times if he thought Guantanamo should be closed, Falconer said he was simply restating his government's position.

REUTERS PB BS1637