Quote Originally Posted by HoreTore View Post
Do we punish people for what they have actually done, or do we punish them for what we believe they might do?

And do we allow one group to investigate, prosecute and judge? Or do we split that responsibility among different groups? If so, what is the reason for that split?
Most of these men are guilty, the problem is that the evidence that proves this was got at using evidence from torture - this makes the proof inadmissable. The issue is the "poisened tree" laws in the US. A legal system that allowed these men to be prosecuted would see a lot of them convicted. So actually I think that, purely with reference to the prisoners themselves, keeping them in detention is a lesser evil compared to setting them fee.