By my understanding, their layers are pretty hamstrung. That they have them is something, but their arguments for presentation of evidence, fair trial, rights as stated in the Geneva convention, and so forth, are for the most part unsuccessful - usually falling to a simple response of "the national good" which comes back to the circular argument "present evidence of that risk to (inter)national interests", "we can't do that, it would be a risk to (inter)national interests".

Right now they still have "enemy combatant status" and are not in a position where they can push their defence any further or be helped by their own governments and/or legal systems (if said systems would in fact help: some would, some wouldn't). If they were freed without charge then they have a case for unfair detainment (where now any such claim will be replied to with "they haven't been charged yet, that might change") and if they were charged there would be something for them to try make a case against (where now it is someone's un-evidenced word against their's, neither side having much legal standing so the people holding the keys "win").