Y'all are falling for the trap. They want you to argue that some of their victims don't deserve their punishment, so they can turn around and say, "Ah, but some of them do," and then change who fits into the latter category until everyone deserves it.
To put this in plainer terms, if you cede the ground that anyone deserves cruel and unusual punishment, you're ceding the ground that everyone does, eventually. Plus, if you cede punishment, you're allowing them to define what is and isn't cruel and unusual.
In the plainest terms, if you say, "Oh, but Garcia isn't a terrorist so he shouldn't be punished like one," then you're saying that terrorists deserve to be disappeared without due process and sent to worse than Gitmo, at which point you and the fascists agree, you're just quibbling about price.
Say it with me now: NO ONE deserves to be disappeared without due process and sent to worse than Gitmo. There is nothing you can do, literally nothing, which deserves that. Start there. Work backward. No one deserves to be disappeared with due process and sent to Gitmo. No one deserves to be disappeared without due process and sent to Club Med. No one deserves to be disappeared without due process period.
Because if we start ceding ground to fascism, you can bet your ass they'll work forward from there.
No pasarán. Not one step back.