CCPR/C/115/D/2005/2010 Annex II Facts as presented by the author, the complaint, the State party’s observations and the author’s comments thereon Facts as presented by the author 1. In November 2001, the author was apprehended by the Northern Alliance (a nonState armed group) in Afghanistan. At the time of his apprehension, he had fled an area of hostilities and was attempting to make his way to Pakistan. The United States and Australia allege that he was involved with the Al-Qaida organization. However, the author maintains that he was under the command authority of the Taliban, then the effective Government of Afghanistan and responsible for its State armed forces. During his detention by the Northern Alliance, he was interrogated by United States personnel and, on around 15 December 2001, he was transferred into the custody of the United States in Afghanistan, held at various facilities and on board naval vessels (USS Peleliu and USS Bataan) and later transferred to the United States Naval Base at Guantanamo Bay, Cuba, where he was detained from January 2002 to March 2007. 2. Initially, the author was detained under the United States Congress Authorization for Use of Military Force of 18 September 2001. On 3 July 2003, he was placed under the Military Order of the President of the United States of 13 November 2001 on the Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism, in which was authorized the detention and prosecution by military commission of persons designated by the President as members of Al-Qaida or otherwise involved in international terrorism. 3. On 10 June 2004, the author was charged with a number of offences before a United States Military Commission. The proceedings were stayed pending a number of decisions regarding the validity of the military commission system. After the United States Congress reconstituted the commissions under the Military Commissions Act 2006, the author was charged under this Act solely with providing material support for terrorism. On 26 March 2007, he pleaded guilty under a plea agreement accepted and endorsed by the Convening Authority of the Military Commission and, on 31 March 2007, he was sentenced by the Military Commission to seven years of imprisonment, with six years and three months suspended. 4. Following a bilateral prisoner transfer arrangement between the United States and Australia, the author was returned to Australia on 20 May 2007, where he served seven months of his sentence at Yatala Labour Prison in Adelaide. He was released on 29 December 2007. Prior to his release, on 21 December 2007, an interim control order was imposed upon him by the Federal Magistrates Court of Australia, which placed the following restrictions on him: he was required to remain at specified premises between specified times; he was required to report at regular intervals to the police; he was required to have his fingerprints taken by the police; he was prohibited from leaving Australia except with the prior permission of the Australian Federal Police; he was prohibited from any dealings with explosives and documents regarding explosives, weapons, combat skills or military tactics and from communicating with any person about terrorist methods or tactics or the names or contact details of terrorists; he was prohibited from communicating or associating with any individual that the author knew to be a member of a terrorist organization; he was prohibited from accessing or using various forms of 12