E/CN.4/2006/120 page 27 Annex I* NOTES 1 These interviews were carried out with the consent of the Governments concerned (France, Spain and the United Kingdom). Similar requests have been addressed by the five mandate holders to Afghanistan, Morocco and Pakistan in order to meet with former detainees currently residing in the three respective countries. No response has been received so far. 2 Response of the United States of America, dated 21 October 2005 to the inquiry of the Special Rapporteurs dated 8 August 2005 pertaining to detainees at Guantánamo Bay, p. 52. For more updated information, see the fact sheets of the US Department of Defense (available at http://www.defenselink.mil/news/Aug2005/d20050831sheet.pdf>), according to which, as of 31 August 2005, there were four “cases where detainees are charged and the case is under way”, with another eight subject to the president’s jurisdiction under his November 2001 military order. According to further fact sheets posted by the Department of Defense on its website, in December 2005 five further detainees had “charges … referred to a military commission”, bringing the total of detainees referred to a military commission to nine as of the end of December 2005. 3 Declaration annexed to Security Council resolution 1456 (2003). Relevant General Assembly resolutions on this issue are 57/219, 58/187 and 59/191. The most recent resolution adopted by the Security Council is 1624 (2005), in which the Security Council reiterated the importance of upholding the rule of law and international human rights law while countering terrorism. 4 Statement delivered by the Secretary-General at the Special Meeting of the Counter-Terrorism Committee with Regional Organizations, New York, 6 March 2003, http://www.un.org/apps/sg/ sgstats.asp?nid=275. 5 Speech delivered by the United Nations High Commissioner for Human Rights at the Biennial Conference of the International Commission of Jurists (Berlin, 27 August 2004), http://www.unhchr.ch/huricane/huricane.nsf/NewsRoom?OpenFrameSet. 6 See Commission on Human Rights resolutions 2003/68, 2004/87 and 2005/80. 7 The United States has entered reservations, declarations and understandings with regard to a number of provisions of these treaties. Most relevant are the reservations to article 7 of ICCPR and article 16 of the Convention against Torture, as noted in paragraph 45. 8 “The United States Position on the Relation of Customary International Law to the 1977 Protocols Additional to the 1949 Geneva Conventions”, Remarks of Michael J. Matheson, Deputy Legal Adviser, United States Department of State, in The * Annexes I and II are being circulated in the language of submission only.