CAT/C/41/D/316/2007 Page 10 reported to police by prison staff. The complainant completed a report stating that the action or inaction of prison officers was not a cause of his injury. There is no evidence that prison officers were involved in, instigated or consented to the assault. He was taken promptly to the Long Bay Correctional Centre Clinic for treatment and from there was transferred to hospital, where he received stitches to his head and was discharged on the same day. He was seen again in the Clinic for follow up care on three occasions. HREOC considered the incident and concluded that there was no evidence that prison staff caused or condoned the incident. 4.23 The complainant attended the Silverwater Correctional Centre Clinic on 5 January 2005 complaining he had been bashed and handcuffed too tightly during a search for contraband. He was examined by clinical staff who found only reddened skin on his wrists. No treatment was required. This matter was raised in his second complaint to HREOC, which has since been discontinued. Complainant’s comments on the State party’s observations on the admissibility and the merits 5. On 4 February 2008, the complainant’ representative submitted that she did not wish to add anything to what had already been submitted to the Committee. Issues and proceedings before the Committee Consideration of admissibility 6.1 Before considering any claims contained in a communication, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. It notes that the State party does not contest the exhaustion of domestic remedies. 6.2 The Committee notes the complainant’s allegations that he will not have a fair trial and that, despite the assurances given, he might be sentenced to death. These allegations, however, fall outside the scope of the Convention in the circumstances of the case. Accordingly, the Committee considers that part of the complaint inadmissible as incompatible with the provisions of the Convention. As for the rest of the allegations, the Committee notes the State party’s objections to the admissibility, namely that the claims are unfounded or incompatible with the provisions of the Convention. However, it considers that such claims raise issues that must be dealt with at the merits stage. Accordingly, it considers such claims admissible and proceeds to their examination on the merits. 6.3 Regarding the complainant’s claim that he was subjected to treatment amounting to torture and cruel, inhuman or degrading treatment or punishment while imprisoned in Australia, the Committee notes that the description of facts provided by the complainant lacks precision and that no detailed information is provided by him on the legal proceedings initiated regarding the incidents he refers to and the result of such proceedings. In these circumstances the Committee considers that, for the purpose of admissibility, the claim is unfounded, under rule 107 (b) of the Committee’s rules of procedure.