CAT/C/41/D/316/2007 Page 9 4.18 The complainant claims that during his time in Long Bay Correctional Complex between December 2002 and December 2003, he was subjected to treatment amounting to torture or other cruel, inhuman or degrading treatment or punishment. The complainant does not point to an obligation under the Convention that the State party is alleged to have breached. However, the State party responds to these allegations in case they are considered to raise issues under articles 12, 13, 14 and 16. 4.19 The complainant availed himself frequently of a number of complaint mechanisms in connection with such allegations, including a complaint to the HREOC. However, his claims are manifestly illfounded. First, he does not provide evidence to support his allegations, many of which lack detail and specificity. Second, records do not substantiate such claims. In some instances, there is no record of a complaint filed, or any medical records, or witness evidence to support the claim. Where records exist, the incidents in question do not constitute torture or cruel, inhuman or degrading treatment or punishment. Medical records do not bear out the allegations of physical abuse. There are only two occasions of attendance for treatment: a case where he was assaulted by another inmate and taken promptly for treatment by prison staff, and a case involving use of handcuffs, where there was no injury and no treatment was required. 4.20 In May 2005, the HREOC reported that the complainant’s allegations up to August 2003 were not substantiated, or did not amount to abuses of his rights. HREOC also received new complaints for the period between August 2003 and May 2006. However, it declined to proceed with these claims in view of the fact that the complainant had also lodged proceedings in the NSW Supreme Court on substantially similar allegations. 4.21 Whilst being held on extradition remand, the complainant had a history of making unfounded, exaggerated and false complaints relating to his treatment. For instance, in his complaint to HREOC, he claimed to have been hit with a taser gun by prison officers at Long Bay in June 2003. This claim cannot possibly be true given that those officers do not have taser guns. He reported to the Department of Corrective Services (DCS) that he was assaulted by a prison officer on 28 December 2002. He referred to this treatment as “torture” in his complaints to HREOC and in applications to the Minister. In fact, he alleged that, after a verbal confrontation with a prison officer, the officer “poked” the complainant in the chest with his finger. The incident was witnessed by another prison officer and a number of other inmates. On investigation it was found that the complainant had repeatedly refused to follow the officer’s directions, that no physical force was used by the officer and that any physical contact was inadvertent. The complainant did not sustain any injuries from the incident, nor did he require medical attention. He has been held in protective custody, at his own request, for much of the time he has been held in NSW prisons. At his request, he has only been associating with a limited number of approved prisoners. This makes it unlikely that many of his allegations regarding his treatment by other prisoners are true. Regarding other allegations, he does not provide sufficient information for the State party to be able to address them. There are no dates provided, no information about the circumstances of each allegation and no indication as to the persons involved in each alleged incident. Sometimes he relates to actions of other prisoners, and there is no indication of any involvement of officials which might constitute official instigation, acquiescence or consent. 4.22 DCS records show that on 22 September 2003, he was involved in a fight with another inmate during which he was hit over the head with a milk crate. The incident was immediately