The UK holds around 90 prisoners in Afghanistan, and won't hand them over to the Afghan government for fear they might be tortured.

Combatants captured in a war zone can legitimately be treated as prisoners of war, which means they don't have to be accused of a crime, and are also not supposed to be punished, let alone tortured. However, I'm not sure what international law says about people captured and called combatants who say they were not involved in fighting.

I don't see a right answer to this issue.