98 | Towards the Closure of Guantanamo 236. Another point of concern is the existence of hearsay rules that, despite the restrictions introduced by the 2009 MCA, continue to prevent lawyers from crossexamining witnesses. The IACHR notes in this regard that the adversarial principle and the right of confrontation are among the pillars of the right to defense. These are part of the principle of equality of arms, which has been recognized by the IACHR as one of the integral elements of the guarantee of due process and a fair trial. 278 In this regard, the IACHR has indicated that “all proceedings should contain the necessary elements for providing a balance between the parties for the due defense of their interests and rights. This implies, among other things, that the principle of the adversarial proceeding applies […] and that each party must have a reasonable opportunity to present his or her case under conditions that do not place him or her at a disadvantage compared to the opponent.” 279 The protections afforded by the Confrontation Clause of the Sixth Amendment to the United States Constitution are indispensable for the provision of fair trials to Guantanamo detainees. 280 237. Finally, the 2006 MCA expressly established the inapplicability of Article 10 of the UCMJ regarding the right to a speedy trial, which was maintained by the 2009 MCA under Section 948(b)(d). The right to a speedy trial is a basic due process guarantee and is crucial to protect the right to a fair trial. The IACHR has stressed that “while the complexity of the case and the diligence of the investigation may be taken into account to define a “reasonable time […],” when prison is used as a precautionary measure that definition should be much stricter and limited because of the underlying burden on the right to liberty. 281 It is in light of this presumption of liberty and security of the person established in Article I of the American Declaration that detention must not exceed a reasonable time. 282 With the exception of a handful of trials before military commissions, Guantanamo detainees have been imprisoned for more than a decade without even being charged. This constitutes a clear violation “of the right to have the legality of [the] detention ascertained without delay by a court, and the right to be tried without undue delay or, otherwise, to be released” recognized in Article XXV of the American Declaration. 278 279 280 281 282 IACHR, Access to Justice as a Guarantee of Economic, Social, and Cultural Rights. A review of the standards adopted by the Inter-American System of Human Rights, OEA/Ser.L/V/II.129 Doc. 4, September 7, 2007, para. 185-186. IACHR, Report No. 66/12, Case 12.324, Merits (Publication), Ruben Luis Godoy, Argentina, March 29, 2012, para. 105. The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that “in all criminal prosecutions, the accused shall enjoy the right […] to be confronted with the witnesses against him.” IACHR, Report No. 86/09, Case 12.553, Merits (Publication), Jorge, Jose and Dante Peirano Basso, Uruguay, August 6, 2009, para. 128. See, mutatis mutandi, IACHR, Report No. 12/96, Case 11.245, Merits (Publication), Jorge A. Gimenez, Argentina, March 1, 1996, para. 75. Organization of American States | OAS