CAT/C/41/D/316/2007 Page 12 torture within the meaning of article 1 of the Convention, or that the circumstances of his case are such that he would be subjected to treatment falling under that provision. Furthermore, the State party considered that the United States was bound by the assurances it provided to the effect that the author, if found guilty, would not be sentenced to death penalty. 8. For the abovementioned reasons, the Committee concludes that the complainant has failed to substantiate his claim that he would face a foreseeable, real and personal risk of being subjected to torture upon his return to the United States. 9. The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the extradition of the complainant to the United States did not constitute a breach of article 3 of the Convention. [Adopted in English, French, Russian and Spanish, the English text being the original version. Subsequently to be issued also in Arabic and Chinese as part of the Committee's annual report to the General Assembly.] -----