The principle of not leaving prisoners behind, even if that involves prisoner swaps, is something that dates back to the beginning of the Republic, he says.
The lawyers representing the inmates said that in 2011, there were 43 "preventable" deaths involving prisoners who did not receive proper medical care in state prisons.
Sometimes they involve prisoners, even petty criminals.
The Army has acknowledged it is investigating 37 deaths in Iraq and Afghanistan involving prisoners in American custody.
An Army summary of deaths and mistreatment involving prisoners in American custody in Iraq and Afghanistan shows a widespread pattern of abuse involving more military units than previously known.
Just before the revelations of abuse in Iraq, the Bush administration found itself before the Supreme Court defending its stance in other cases involving prisoners.
Other confidential Army documents have chronicled a widespread pattern of abuse involving prisoners in American custody in Iraq and Afghanistan that implicates more military units than previously known.
Most of these cases involve prisoners serving life or long-term sentences for serious offences, in particular murder, rape and GBH.
Racial differences have been found to be a significant factor to fights and assaults, with a disproportionate number of incidents involving prisoners of different ethnic groups.
