"the right to humane treatment, to be informed of reasons for detention, to have prompt access to a lawyer, to be able to challenge the lawfulness of the detention, and to be presumed innocent until proven otherwise."

O'Reilly and Brooks sparred over the number of detainees who have been released and sent home without charges. The military says that as a result of the 558 hearings it recently was forced to provide 520 detainees, (hearings at which they were not allowed to have lawyers present) 38 were found "no longer" to be enemy combatants and released to their home countries.

That's not the operative number. In April, 2004 the military announced (pdf):

As of 5 April 2004, 134 detainees have been released from Guantanamo.

According to this October 4, 2004 Washington Post article, at that time, there were

202 Guantanamo Bay detainees who have been returned to their homelands. Of that group, 146 were freed outright, and 56 were transferred to the custody of their home governments. Many of those men have since been freed.

On April 20, 2005, the Washington Post reported 18 additional detainees were released.

The release brings the total number of detainees to leave Guantanamo Bay to 232; 167 have been sent home and released, while 65 others have been transferred to the custody of foreign governments including Pakistan, Britain, Morocco, France, Russia and Saudi Arabia.

Currently, there are about 550 detainees (pdf) at Guantanamo. But these are not the same 550 that arrived three years ago. Continuously, some have been released and others have been brought in to take their place.

If you take the 550 detainees currently at Guantanamo and add to that the 232 who have been released, you get 782 total detainees. Of those, 167 have been sent home without criminal charges and released into the general population. That's more than 20% of the detainees.

The first prisoners to be released from Guantanamo were seven Pakistanis in October, 2002:

The U.S. military is planning to release seven Pakistanis being held at the Guantanamo Bay, Cuba, prison within the next few days, having concluded that they are not terrorists and have no value for intelligence purposes, government officials said yesterday. The move would be the first release of a significant number of detainees since the U.S. Navy jail began housing them in January.

In December, 2003, Time Magazine reported in Inside the Wire thatthere were 660 detainees being held and 140 of them, 20%, were scheduled for release.

Here are Amnesty International's latest numbers.