CAT/C/41/D/316/2007 Page 5 2.11 After the dismissal of the complainant’s appeal by the Federal Court, on 16 June 2004, the Minister for Justice and Customs signed, on 31 August 2006, the surrender warrant. On 21 December 2006, the Federal Court dismissed the complainant’s application for review of the Minister’s decision. The Court deemed, inter alia, that it was not for it to determine whether the complainant might be tortured or whether the complainant could mount a successful extradition objection based on his race or religion. These were matters to be considered by the Minister. In that respect, no reviewable error by the Minister had been demonstrated. 2.12 In its decision on a further appeal, dated 9 August 2007, the Federal Court indicated that, under section 22(3)(b) of the Extradition Act, the Minister for Justice and Customs must be satisfied that, on surrender to the extradition country, the person will not be subjected to torture. The Minister concluded that the materials provided by the complainant did not establish that the conditions in the United States prisons were such that they should be regarded as cruel or inhumane or to involve degrading treatment or punishment. In short, they did not establish that the treatment of prisoners amounted to torture. The Court held that it was not for it to determine whether L. J. R. might be tortured and that, in any event, mistreatment or abuse in prison did not amount to torture. The complaint 3.1 The complainant claims that his extradition to the United States would constitute a breach of article 3 of the Convention. He claims to have exhausted all domestic remedies, including a complaint with the Human Rights and Equal Opportunity Commission of Australia (HREOC). 3.2 He also claims that while being held in Australian prisons, he was subjected to treatment amounting to torture and cruel, inhuman or degrading treatment or punishment by other inmates or by prison guards. However, he does not invoke particular articles of the Convention. In the context of his opposition to the extradition, he addressed these claims to the Federal Court, New South Wales District. He also addressed them to HREOC. State party’s observations on admissibility and merits 4.1 On 29 November 2007, the State party provided observations on admissibility and merits. It submits that the allegations made in relation to article 3 should be ruled inadmissible as manifestly unfounded in accordance with rule 107(b) of the Committee’s rules of procedure. In the alternative, the State party submits that the allegations should be dismissed as inadmissible on the grounds that the communication is incompatible with the provisions of the Convention, pursuant to article 22(2) of the Convention and rule 107(c) of the rules of procedure. Further, the State party submits that there is no evidence to support the complainant’s allegations with regard to article 3 and that the allegations are therefore without merit. 4.2 Regarding the complainant’s allegations of torture or inhuman or degrading treatment or punishment in Australian prisons, they should be declared inadmissible for being manifestly unfounded in accordance with rule 107(b) of the rules of procedure. As there is no evidence to support them, they are without merit.