CAT/C/41/D/316/2007 Page 8 of Hepatitis-C and Tuberculosis infection in US prisons. As for HIV, the US Department of Health reported at the end of 2005 that the estimated prevalence of HIV in incarcerated populations was 2%. Such an infection rate does not amount to a “substantial risk” of the complainant being infected. 4.14 As for the allegations of solitary confinement, the State party submits that it should be considered inadmissible as manifestly ill-founded. The claim is based on mere speculation as to what might occur if the complainant were convicted and sentenced to imprisonment and cannot be taken to amount to prima facie evidence that the facts asserted will in fact occur. In the alternative, it should be declared inadmissible as incompatible with the provisions of the Convention. Even if the claim was substantiated, solitary confinement does not in itself constitute torture, or cruel, inhuman or degrading treatment or punishment, and must still meet the definition in article 1 of the Convention. There is no evidence to suggest that “solitary confinement” is used in Californian prisons in any way other than incidentally to lawful sanctions. As to the merits of such allegation, the State party has no reason to believe that solitary confinement is used generally, or would be used in the complainant’s case specifically. 4.15 The complainant alleges that he suffered injuries at the hands of US law enforcement and that this is evidence that he will be tortured if extradited. The State party submits that this allegation should be declared inadmissible as manifestly unfounded. No evidence is provided to corroborate the complainant’s story, which lacks in detail and clarity. The date or time of the alleged assault remain unclear. The San Bernardino County Sheriff’s Department appears to have documented each interview and encounter that they had with the complainant on 15 and 16 May 2002. There is no indication that the events to which the complainant refers occurred. 4.16 In the alternative, the State party submits that there are no substantial grounds to believe that the complainant would be in danger of torture if extradited based on his allegation to have been assaulted by US law enforcement officers. The detailed police reports of U.S. law enforcement officials’ encounters with the complainant on 15 and 16 May 2002 do not substantiate his claims. The reports also indicate that facial injuries were observed on the complainant the first time law enforcement contacted him, before the alleged assault took place. 4.17 The complainant claims that he will be subjected to long detention on death row if extradited, which would amount to torture. This allegation should be considered inadmissible as manifestly illfounded. The State party received assurances from the US that the death penalty will not be sought or imposed in the complainant’s case. He does not present evidence to suggest that these assurances are unreliable and the State party has no reason to consider that they will not be upheld. The Deputy District Attorney in the matter advised the State party in an affidavit that there are no aggravating circumstances to the case and that it does not attract the death penalty. On 28 February 2005, the US provided an undertaking that the death penalty would not be sought or imposed on the complainant. He did not provide evidence to discredit these assurances. The US has provided death penalty undertakings in the same form on previous occasions. The US has sought his extradition for a single offence of murder. In accordance with the speciality assurance under article XIV of the Treaty on Extradition between Australia and the United States of America, the complainant cannot be charged with further offences once extradited, without Australia’s consent.