CAT/C/41/D/316/2007 Page 7 torture under the Convention. There is no evidence to suggest that the intention of the policy of segregation in prisons is anything other than preventing violence. 4.9 Regarding the allegation that the complainant would be exposed to violence and sexual assault in prison, there is no evidence that he would be personally at risk of such violence. Furthermore, such violence would not amount to torture under article 1, given the lack of any requisite intent. There is no evidence in the complainant’s submissions or otherwise to suggest that the conditions in Californian prisons amount to “institutionalised torture by government authorities”. There is no evidence either to indicate that the complainant would be personally or particularly at risk of being the victim of sexual violence. The State party is not aware of any evidence that there is a consistent pattern of gross, flagrant or mass violations of human rights occurring in Californian prisons. The Human Rights Committee, in its concluding observations to the United States’ reports under the International Covenant on Civil and Political Rights in 1995 and 2006, did not express concern that violence amongst or towards the prison population in the United States may amount to torture. 4.10 The Committee against Torture expressed concern in its concluding observations of 2000 on the report of the United States about ill-treatment in prisons. However, the Committee used the term “ill-treatment” and not “torture”, implying that conditions in US prisons over the reporting period did not amount to “torture”. Furthermore, the Committee’s concerns regarding prison conditions related to sexual and other violence, which the Committee noted was more likely to be committed against “vulnerable groups, in particular racial minorities, migrants and persons of different sexual orientation”. Persons of Hispanic origin comprise over 50% of the prison population in California, so there is no reason to suspect that the complainant is a likely victim of such violence. 4.11 The State party further notes that the physical and sexual abuse of prisoners is unlawful in all US States and that under section 206 of the Californian Penal Code, persons who commit torture are liable to prosecution and a maximum penalty of life imprisonment. Therefore, there are no grounds to believe that the complainant would be in danger of being subjected to torture due to exposure to prison violence in the US. 4.12 Regarding the risk of contracting an infectious disease in a Californian prison, the State party submits that the allegation should be declared inadmissible as manifestly unfounded. No evidence is provided which demonstrates that the complainant is personally at risk of contracting such a disease. Therefore, there is insufficient evidence on which to base a prima facie case. In the alternative, the State party submits that the allegation is inadmissible as incompatible with the provisions of the Convention. Even if the contentions regarding the prevalence of Tuberculosis, Hepatitis-C and HIV in Californian prisons and likelihood of the complainant contracting one of those diseases were true, there is no basis on which to believe that those conditions are imposed on prisoners with the intention of inflicting pain or suffering, for one of the purposes set out in article 1, at the instigation of, or with the consent or acquiescence of, a public official. Thus, the State party would not be in violation of its obligations under article 3 of the Convention. 4.13 Regarding the merits of this allegation, the complaint does not present credible evidence regarding the risk of contracting an infectious disease in a Californian prison. After searching a range of information sources, the State party was unable to locate reliable statistics on the rates