- 114 - State party’s observations on admissibility and merits 4.1 The State party submits that it has been its practice to comply with requests for interim measures by the Committee whenever it has been in a position to do so. However, the complainant was removed from Australia on 21 June 1999 at 4.30 a.m. Geneva time. The text of the complaint and the Committee’s request was received after the complainant had been removed from Australia, i.e. in the ordinary mail at the Permanent Mission of Australia in Geneva in the late morning of 21 June 1999, and, subsequently, on the same day at 2.36 p.m. Geneva time on the Mission’s fax machine. 4.2 The State party contests the allegations of procedural shortcomings with regard to the handling of evidence when considering the case of the complainant. The State party submits that the complainant has provided no evidence that the alleged procedural irregularities amount to a breach of any of the provisions of the Convention and, therefore, this claim should be dismissed as inadmissible ratione materiae. Alternatively, the State party submits that, except in limited circumstances, it is beyond the competence of the Committee to review findings of fact or the interpretation of domestic legislation by national organs of the State party. Furthermore, the State party submits that any issue arising from possible errors of law by the first RRT decision would have been rectified subsequently. The complainant failed to refer to the second and third decisions of the Federal Court in this regard. 4.3 The State party contests that there are substantial grounds for believing that the complainant would be in danger of being subjected to torture if returned to Sri Lanka. The State party submits that the risk of ill-treatment by the LTTE alleged by the complainant does not raise an issue for consideration by the Committee, because the complainant failed to provide any evidence that the LTTE would act with the consent or acquiescence of the Sri Lankan authorities. Furthermore, the complainant failed to demonstrate that the LTTE are exercising quasi-governmental authority over an area to which he is to be returned and, therefore, could be regarded as an agent for the purposes of article 3 of the Convention. Alternatively, the State party submits that the complainant has failed to submit that he is at risk of being tortured by the LTTE. In this regard, the State party requests that the complaint be declared inadmissible ratione materiae. With regard to the risk of being tortured by Sri Lankan authorities, the State party submits that the complainant’s evidence lacks credibility or, alternatively, is not sufficient to establish a real, foreseeable and personal risk of being subjected to torture. 4.4 The State party requests that the complaint be declared inadmissible ratione materiae as far as the complainant relies on an interpretation of article 3 of the Convention that a pattern of gross violations of human rights in the receiving State is sufficient to trigger the international protection of article 3. 4.5 Finally, the State party notes that the right not to be tortured is protected under domestic law in Sri Lanka. Furthermore, Sri Lanka ratified the Convention and is a party to the International Covenant on Civil and Political Rights.