Not all of the prisoners in Abu Ghraib were captured on the battlefield. Many, if not most, were rounded up in non-combat settings. The majority are reported to be innocent of any crime or action against CPA forces.

The legal status of prisoners at Guantanamo Bay has changed so that they can now appeal their imprisonment in US courts, as you note. This has happened after years of legal struggle, and in the face of the stated policy of the Bush administration.

The policy allowing torture at Abu Ghraib appears to have been set at the highest levels of the government. Policy papers from legal staff in the Pentagon, and from the President’s own White House counsel, have been made public arguing for the legality of the use of torture. The torture itself consists not only of humiliation, but also of sodomy with a lightstick, rape, attack by dogs, and beating. In contrast to your claim, several prisoners at Abu Ghraib are known to have been beaten to death, and we have all seen the photographs of US soldiers posing with big smiles and thumbs up next to their corpses.

Also: the fact the Bush is not a Nazi does not mean that there is not much in the policies, positions, and practices of his administration that are authoritarian, anti-democratic, un-American, and fascistic. I encourage you to do some basic research on the history and definition of fascism.

Thanks