This has gathered momentum and sanctity after the declaration of the global war against terror. The law does not allow physical power to force a terrorist to give out the secrets that he or she might be withholding. Whether it is the special purpose jails like Guantanamo Bay in Cuba or some many others elsewhere, it has been held invalid by various courts simply because no charges were filed on many of them. If the cases were to go to Military tribunals, violence could become the way of life.
On 29 June 2006, the US Supreme Court4 ruled that the Guantanamo prisoners can not be tried by military tribunals. This was a land mark judgment and a major setback to the Bush Government. This also upholds the fact that the courts are having a different idea when it comes to trying the terrorists or as the US Government calls them, 'unlawful combatants'.
And the courts find it 'hurting their conscience' when confessions are taken from people unethically, using torture which is either locally manufactured or outsourced.