CCPR/C/115/D/2005/2010 State party’s further submission 115. Australia reiterates that incitement is not sufficient to give rise to State responsibility if it is not accompanied by concrete support or does not involve direction and control, and rejects the claim that statements by Australian officials amount to aid or assistance. Even if it were the case, the author has not demonstrated how any of the actions that he refers to constitute “concrete support”. The actions described by the author, such as gathering evidence, conducting interviews and cooperating with foreign officials, are preliminary to a trial and have no bearing on the way in which a trial is conducted in a foreign State. The author alleged that his trial did not meet the minimum guarantees of a fair trial as a result of a range of procedural and institutional defects. However, Australia had no control over those. (f) Claims under articles 2 and 7 regarding torture and ill-treatment State party’s observations 116. Regarding the author’s claim that Australia failed to investigate his allegations of torture while in the custody of the United States, Australia refers to its arguments regarding inadmissibility and adds that the claim does not concern an obligation set forth in the Covenant. It recalls the 21 visits that Australian officials paid to the author during the time he spent at Guantanamo Bay and on board the USS Peleliu. 117. Australian officials did not at any stage witness or participate in any mistreatment of the author, who made no allegation of mistreatment during interviews conducted by Australian officials. From December 2001 to May 2003, Australian officials visited the author on five occasions, but it was not until the fifth visit in May 2003 that he alleged having been mistreated. In particular, he said that he had been beaten while in custody in Afghanistan, but did not provide details. On 20 May 2004, in response to media reports about his mistreatment, Australia formally requested the United States Department of Defense to conduct an investigation into the treatment of the author, including during the period prior to his detention at Guantanamo Bay. The investigation revealed no information that substantiated the author’s allegations of mistreatment. 118. The author was not mentioned in the reports of the International Committee of the Red Cross on Guantanamo Bay, as the Australian Senate was informed on 3 June 2004. In July 2005, a second investigation of the author’s complaints of mistreatment was carried out by the United States Naval Criminal Investigative Service, which found them unsubstantiated. 119. Complaints made by the author during visits of Australian officials regarding food, a lack of exercise, medical conditions and other matters, such as access to reading material, were raised with the camp authorities at Guantanamo Bay or, where appropriate, with the United States Department of Defense. Author’s comments 120. The author disagrees with the interpretation given by Australia of articles 2 and 7 of the Covenant and reiterates his initial claims. He says, inter alia, that he was never provided with a copy of either of the reports on the two United States investigations. As a result, it is impossible for him or the Committee to be satisfied that those investigations were comprehensive, impartial and credible. 36