CCPR/C/115/D/2005/2010 rather than the police being required to prove that he was still a threat. Furthermore, there was evidence available on the public record that indicated that the author had renounced violence. The author concludes that the imposition of a control order on the basis of the same conduct that sustained his conviction and imprisonment is contrary to the ne bis in idem principle. Remedies sought 52. The State party should be urged to: (a) publicly acknowledge its participation in the author’s retrospective punishment, apologize to him for his retroactive punishment and provide him with full and prompt compensation; (b) eliminate any further consequences under Australian law that may follow from the author’s retroactive punishment; (c) request the United States authorities to formally overturn the author’s conviction under United States law and to nullify the plea agreement; (d) acknowledge that the author’s detention in Australia was unlawful, apologize for it and provide him with compensation; (e) acknowledge that Australia violated the author’s rights by adopting the plea agreement by which his conviction was secured and/or aiding and abetting the United States in the offer of that agreement; (f) apologize to the author for violating his rights in connection with the plea agreement; (g) provide an undertaking to the author that it does not recognize the validity of his plea agreement and will not seek to enforce it in Australia; (h) request the Government of the United States to overturn the author’s conviction before a United States Military Commission; (i) acknowledge that Australia violated the author’s rights by participating in his unlawful detention, interrogation and treatment at Guantanamo Bay, apologize to him and provide him with compensation; (j) initiate and conduct an independent investigation into the author’s allegations of torture and ill-treatment; (k) acknowledge that Australia violated the author’s rights by imposing a control order, apologize to him and provide him with compensation; and (l) amend its legislative scheme under the Criminal Court Act 1995 regarding control orders to ensure compliance with its obligations under the Covenant. State party’s observations on admissibility and author’s comments thereon 53. The State party submitted observations on admissibility on 14 October 2011 and the author replied to them on 17 February 2012. Additional submissions from both parties were made subsequent to those dates. The main arguments put forward by the parties are summarized as follows. Both indicate that arguments raised by the other party not expressly addressed in their respective submissions should not be taken to be accepted. (a) The communication expressly or impliedly alleges breaches of the Covenant by the United States State party’s observations 54. The State party recalled the principle recognized by the International Court of Justice in its judgment on the Case of the monetary gold removed from Rome in 194310 that a court cannot decide upon an issue where it is required first to make a determination as to the lawfulness of actions of a State that has not consented to the exercise of jurisdiction by the court. The Court has subsequently found that, consistent with that principle, a claim will be inadmissible if it requires the Court to first rule on the actions of or make a determination on the international responsibility of a State that has not consented to 10 Case of the monetary gold removed from Rome in 1943 (preliminary question) (Italy v. France, United Kingdom of Great Britain and Northern Ireland and United States of America), Reports of Judgments, Advisory Opinions and Orders, judgment of 15 June 1954, I.C.J. Reports 1954, p. 19. 23