People who have already been given a fair trial in court and found innocent, are being held in Guatanamo Bay:
The Observer has obtained details of two incidents in which men have been detained by the US despite being found innocent by courts in their own country. In one, a British businessman called Wahab al-Rami, an Iraqi living in the UK and a Palestinian seeking asylum were arrested by US and local officers in Gambia in November 2002 as they stepped off a flight from London.
Their seizure, which followed a tip-off from the UK security services, came just days after they had been arrested by British police on suspicion of terrorism and then freed by a British court. Two were transported from Gambia to Guantanamo Bay—where they remain today—without any legal process.
This is why the torture thing is a big deal even if you believe that terrorists deserve it.