CCPR/C/115/D/2005/2010 internationally wrongful act by the aided or assisted State must be established as a prerequisite to a finding of liability of the aiding or assisting State for that act. (e) Claims under articles 7, 9 and 10 in connection with the author’s detention, interrogation and treatment at Guantanamo Bay State party’s observations 68. The author claims that Australia aided or assisted the alleged unlawful detention, interrogation and treatment of the author by the United States at Guantanamo Bay. Again, the author’s reliance on article 16 of the draft articles on State responsibility of the International Law Commission would require the Committee to find first that the United States, as the aided or assisted State, had breached the author’s rights under articles 7, 9 and 10. Accordingly, this claim is also inadmissible under article 1 of the Optional Protocol. (f) Claims under article 14 regarding unfair trial State party’s observations 69. The same argument regarding the two previous claims, with reference to article 16 of the draft articles on State responsibility of the International Law Commission, applies with respect to the author’s claims that Australia unlawfully aided and assisted in his alleged unfair trial. These claims are also inadmissible under article 1 of the Optional Protocol. 70. As to the author’s contention that, at the very least, he was entitled to the finding of a breach of common article 3 of the Geneva Conventions of 1949, the State party recalls the Committee’s jurisprudence that communications asserting a violation of rights other than those set forth in the Covenant are incompatible ratione materiae with the provisions of the Covenant and should be declared inadmissible under article 3 of the Optional Protocol. (g) Claim under articles 2 and 7 regarding torture and ill-treatment State party’s observations 71. The author’s claims that Australia failed to investigate his allegations of torture or cruel, inhuman or degrading treatment are inadmissible under article 1 of the Optional Protocol. The Committee cannot reach a view regarding the responsibility of Australia without determining that the United States breached the Covenant. 72. Furthermore, the claim is inadmissible ratione materiae, as there is no duty set forth in the Covenant to investigate allegations of torture relating to conduct outside the jurisdiction of a State party. In its general comment No. 20 (1992) on the prohibition of torture or cruel, inhuman or degrading treatment or punishment, the Committee explicitly links the prevention and punishment of torture to acts that occur within any territory under the jurisdiction of a State party and makes no mention of an obligation on a State party to prevent, punish or investigate alleged acts of torture that occur within territory under the jurisdiction of another State party. If a State party is not responsible for the breach of the Covenant in relation to a citizen that takes place in another country at the instigation of that country’s government, it cannot be argued that a State party has a duty under the Covenant to investigate an allegation that such a breach has occurred. Author’s comments 73. The author insists that a proper interpretation of the Covenant sustains his contention that Australia bears an obligation to investigate his alleged torture by the United States. The 27