Adil Hassan Hamad Al-Muttaleb has, since 1999, worked for an Islamic charity which in particular looked after Afghan refugees in Pakistan. On 18 July 2002, he was arrested by Pakistani military and held in the premises of the Pakistani intelligence services until October 2002, when he is transferred to an unidentified detention centre. In January 2003, he was handed over to U.S. military and transported to the military airbase at Bagram, where he was subjected to interrogations and underwent torture including intimidation with dogs, sleep deprivation and isolation.

In March 2003 he was transferred by plane with tens of other detainees at the U.S. military base at Guantanamo Bay. Transport conditions were particularly inhumane and degrading. Regarding the conditions of detention in the camp, they were trying, Mr. Al-Muttaleb having undergone much torture during his interrogation, including being deprived of sleep and care and all sorts of mental torture. He now suffers from reduced hearing and eyesight as consequences of abuse. He was released from GuantanamoBay on 11 December 2007.

Mr Al-Muttaleb was, in 2004, labeled as an "enemy combatant" by the "Combat Status Review Tribunal". But he was never legally charged nor had the right to challenge the validity of his detention before a competent, independent and impartial tribunal.

Mr. Mahmoud Salem Adam has worked in Pakistan since 1994 for an Islamic charity for which he inspected schools set up through donations. On 25 May 2002, he was arrested at his home by Pakistani military and imprisoned for 12 days in isolation in the premises of the Pakistani intelligence services. On 7 June 2002, he was handed over to U.S. military forces and transferred to Bagram where he was interrogated and tortured, including being forced to adopt stressful positions. No medical assistance was provided.

On 4 August 2002, he was taken with dozens of other prisoners by plane to the U.S. military base at Guantanamo Bay. Transport conditions were particularly inhumane and degrading. At Guantanamo, he was tortured during interrogations: he was exposed to music and very strong light, extreme cold and sleep deprivation. He now suffers from weakened eyesight, joint pain and a burst eardrum. He regularly suffers from headaches, disturbed sleep and the sensation of pin and needle pricks in one half of his body. He was released from Guantanamo Bay on 11 December 2007.

Mr. Adam was, in 2004 labeled as an "enemy combatant" by the "Combat Status Review Tribunal". But he was never legally charged nor had the right to challenge the validity of his detention before a competent, independent and impartial tribunal.

Mr. Hammad Ali Amno Gadallah worked from January 2001 until his arrest on 27 May 2002 as an accountant for an Islamic charity. He was arrested at his home in Pakistan by Pakistani military and detained at the premises of the Pakistani intelligence services for 6 days and then in a prison in Peshawar for 11 days before being transferred on 6 June 2000 to the U.S. military base in Bagram. During the two months of detention in this centre, he was the victim of violence from the guards.

On 4 August 2002, he was transported with tens of other prisoners in inhuman and harsh conditions to the military base at Guantanamo Bay. Mr. Gadallah was tortured during interrogations. He suffered detention in solitary confinement, exposure to extreme cold, sleep deprivation, prolonged and violent interrogations, religious discrimination and coercion to adopt stressful and painful positions for long periods. He was finally released on 19 July 2007.

Mr Gadallah was, in 2004, labeled as an "enemy combatant" by the "Combat Status Review Tribunal". But he was never legally charged nor had the right to challenge the validity of his detention before a competent, independent and impartial tribunal.

After the attacks of 11 September 2001 in the United States, many employees of Islamic charities, some of which were present for many years in Pakistan, were suspected of terrorist activities and arrested by the Pakistani military to be handed over to U.S.Guantanamo Bay. military, who imprisoned them at the military camp at

The legal regime imposed on detainees from the military camp at Guantanamo Bay is a state of exception. It stems in fact from a military order on the detention, treatment and trial of certain foreigners in the fight against terrorism (Military Order on the Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism) dated 13 November 2001.

The military order made by the executive allows for either the detention without charge or trial of suspects for indefinite periods, or their presentation to be tried before a military commission.

This regime does not allow detainees at Guantanamo Bay to challenge the lawfulness of their detention before federal courts, nor benefit from the assistance of a counsel.

In 2004, the Combat Status Review Tribunal qualified the three men as "enemy combatants" on the grounds that they were employed in organizations supporting terrorism, providing logistical and financial assistance to combatants in Afghanistan and Pakistan, and because of their contacts with members of Al Qaeda.

It appears, from the testimony of many people released from Guantanamo, that they were never questioned on the facts of which they were accused, but for the exclusive purpose of providing information to U.S. forces in their war against terrorism.

The United States of America have ratified the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As such, they must observe the principle of the protection of human rights in the fight against terrorism. However, the arbitrary detention suffered by these three men in the various centres and the military camp at Guantanamo Bay, and the abuse they have endured, violate the basic norms that the United States have pledged to respect.

Alkarama for Human Rights considers that the detention of Messrs. Muttaleb, Adam and Gadallah is arbitrary. The United States has violated numerous articles of the International Covenant on Civil and Political Rights including the following rights:

- To be brought promptly before a judge or other officer,

- To challenge the lawfulness of one’s detention before a real court,

- That of a fair hearing by a competent, independent and impartial tribunal:

- That of being free from torture or similar treatment,

- That of benefiting from humane conditions of detention.

Alkarama therefore submits a communication to the Working Group on Arbitrary Detention asking it to consider and qualify this detention as arbitrary.