A/HRC/10/21 page 10 3. Government reactions to Opinions 8. In a letter dated 11 April 2008, the Permanent Representative of the United States of America to the United Nations Office at Geneva noted that his Government was deeply troubled by several of the assertions in the Working Group’s Opinion No. 43/2006 (United States of America) concerning Mr. Ali Salem Kahlah Al-Marri. The Permanent Representative stated that the United States is in a legal state of armed conflict with Al-Qaida, the Taliban, and their affiliates and supporters. Al-Qaida leaders explicitly declared war against the United States, and its members attacked United States embassies, military vessels and military headquarters, its financial centre and capital city, killing more than 3,000 people in the process. The Taliban allowed Al-Qaida to use Afghanistan as an area from which to plot attacks and train in the use of weapons. The Security Council explicitly recognized the right of the United States to act in self-defence in response to these armed attacks. The North Atlantic Treaty Organization (NATO), the Organization of American States (OAS) and the Security Treaty between Australia, New Zealand and the United States of America (ANZUS) all invoked the collective self-defence provisions of their respective treaties. Contrary to the Working Group’s assertion, anyone who takes up arms against another State is by definition an “enemy combatant” subject to detention under international humanitarian law. 9. The Working Group takes note of the letter of the Permanent Representative of the United States of America. However, it wishes to reiterate that it has consistently not supported this position.2 10. The Permanent Representative further pointed out that the use of material witness warrants is a long-standing practice authorized by statute and dating back to 1789. Every material witness has the right to challenge, in court, before a judicial officer, his or her confinement as a material witness. An attorney will be appointed if the material witness cannot afford to pay for a lawyer. Lastly, the Permanent Representative reported that Mr. Al-Marri’s case is pending litigation at a three-judge panel of the United States Court of Appeals for the Fourth Circuit. 4. Information received concerning previous Opinions 11. In connection with Opinion No. 38/2005 (China), the source reported that Mr. Hu Shigen was released on 26 August 2008. He had been sentenced to 20 years’ imprisonment for carrying out counter-revolutionary propaganda and organizing a counter-revolutionary group. 12. The source reported that Messrs. Moustapha Talal Mesto and Ayman Noureddine Tarabay were released on 27 August 2008. Their detention had been considered arbitrary by the Working Group in its Opinion No. 37/2007 (Lebanon). 5. Request for review of Opinions 13. By letter dated 29 February 2008, the Government of Lebanon requested a revision, in accordance with paragraph 21 of the Working Group’s methods of work, of Opinion 2 See, for example, E/CN.4/2006/120, paras. 19 et seq.