4.2 It is argued that the author cannot be considered a victim within the meaning of the Optional Protocol, since his allegations are derived from assumptions about possible future events, which may not materialize and which are dependent on the law and actions of the authorities of the United States. The State party refers in this connection to the Committee's Views in communication No. 61/1979,1 where it was found that the Committee "has only been entrusted with the mandate of examining whether an individual has suffered an actual violation of his rights. It cannot review in the abstract whether national legislation contravenes the Covenant". 2.2 In November 1988, a judge of the Alberta Court of Queen's Bench ordered the author's extradition. In February 1989, the author's habeas corpus application was denied, and on 31 August 1989 the Supreme Court of Canada refused the author leave to appeal. 2.3 Article 6 of the Extradition Treaty between Canada and the United States provides: "When the offence for which extradition is requested is punishable by death under the laws of the requesting State and the laws of the requested State do not permit such punishment for that offence, extradition may be refused, unless the requesting State provides such assurances as the requested State considers sufficient that the death penalty shall not be imposed or, if imposed, shall not be executed." 4.3 The State party indicates that the author's allegations concern the penal law and judicial system of a country other than Canada. It refers to the Committee's inadmissibility decision in communication No. 217/1986,2 where the Committee observed that "it can only receive and consider communications in respect of claims that come under the jurisdiction of a State party to the Covenant". The State party submits that the Covenant does not impose responsibility upon a State for eventualities over which it has no jurisdiction. Canada abolished the death penalty in 1976, except for certain military offences. 2.4 The power to seek assurances that the death penalty will not be imposed is discretionary and is conferred on the Minister of Justice pursuant to section 25 of the Extradition Act. In October 1989, the Minister of Justice decided not to seek these assurances. 2.5 The author subsequently filed an application for review of the Minister's decision with the Federal Court. On 8 June 1990, the issues in the case were referred to the Supreme Court of Canada, which rendered judgement on 26 September 1991. It found that the author's extradition without assurances as to the imposition of the death penalty did not contravene Canada's constitutional protection for human rights nor the standards of the international community. The author was extradited on the same day. 4.4 Moreover, it is submitted that the communication should be declared inadmissible as incompatible with the provisions of the Covenant, since the Covenant does not provide for a right not to be extradited. In this connection, the State party quotes from the Committee's inadmissibility decision in communication No. 117/19813: "There is no provision of the Covenant making it unlawful for a State party to seek extradition of a person from another country". It further argues that even if extradition could be found to fall within the scope of protection of the Covenant in exceptional circumstances, these circumstances are not present in the instant case. The complaint 3. The author claims that the decision to extradite him violates articles 6, 7, 9, 10, 14 and 26 of the Covenant. He submits that the execution of the death sentence by gas asphyxiation, as provided for under California statutes, constitutes cruel and inhuman treatment or punishment per se, and that the conditions on death row are cruel, inhuman and degrading. He further alleges that the judicial procedures in California, inasmuch as they relate specifically to capital punishment, do not meet basic requirements of justice. In this context, the author alleges that in the United States, racial bias influences the imposition of the death penalty. 4.5 The State party further refers to the United Nations Model Treaty on Extradition,4 which clearly contemplates the possibility of extradition without conditions by providing for discretion in obtaining 1 Official Records of the General Assembly, Thirty-seventh Session, Supplement No. 40 (A/37/40), annex XIV, Leo Hertzberg et al. v. Finland, Views adopted on 2 April 1982, para. 9.3. 2 Ibid., Forty-third Session, Supplement No. 40 (A/43/40), annex IX.C, H. v. d. P. v. the Netherlands, declared inadmissible on 8 April 1987, para. 3.2. The State party's initial observations and the author's comments thereon 3 Ibid., Thirty-ninth Session, Supplement No. 40 (A/39/40), annex XIV, M. A. v. Italy, declared inadmissible on 10 April 1984, para. 13.4. 4.1 The State party submits that the communication is inadmissible ratione personae, loci and materiae. 4 See General Assembly 14 December 1990, annex. 95 resolution 45/116 of