CCPR/C/115/D/2005/2010 Guantanamo Bay, Cuba, where he was detained from January 2002 to March 2007. On 31 March 2007, he was sentenced by the Military Commission to seven years of imprisonment. Following a bilateral prisoner transfer arrangement between the United States and Australia, the author was returned to Australia on 20 May 2007, where he served seven months of his sentence. He was released on 29 December 2007. Prior to his release, an interim control order was imposed upon him by the Federal Magistrates Court of Australia. The author claims, inter alia, that, by virtue of that arrangement, Australia participated directly in the retrospective punishment and imprisonment to which he was subjected while he was under the jurisdiction of the United States, thus breaching his rights under the Covenant. 1.3 A full account of the facts as presented by the author, his claims under the Covenant, the observations of the State party on admissibility and the merits and the author’s comments on the State party’s observations are contained in annex II to the present document. Issues and proceedings before the Committee Consideration of admissibility 2.1 Before considering any claim contained in a communication, the Committee must decide, in accordance with rule 93 of its rules of procedure, whether or not the case is admissible under the Optional Protocol. 2.2 The Committee notes, as required in article 5 (2) (a) of the Optional Protocol, that the same matter is not being examined under any other procedure of international investigation or settlement. The Committee further notes the author’s claim that he has exhausted domestic remedies by instituting several legal and non-contentious proceedings. In the absence of comments from the State party in that regard, the Committee considers that it is not precluded from examining the communication under article 5 (2) (b) of the Optional Protocol. 2.3 The author alleges that, from the time he was taken into United States custody in Afghanistan in December 2001 until his transfer to Australia on 20 May 2007, he was the victim of violations of his rights under the Covenant, most of which took place while he was detained at the United States Naval Base at Guantanamo Bay. In that respect, it is undisputed that, during all those years, the author was held under the jurisdiction of the United States and that his sentence was the result of a trial conducted by United States authorities. It is also undisputed that most of the violations claimed by the author are attributed to the United States. However, the author’s claims before the Committee focus on the part of responsibility borne by Australia in its dealings with the United States, which led to the author’s serving his sentence in Australia. 2.4 The author claims that Australia is responsible for the violation of his rights under the Covenant for the following reasons: (a) by virtue of the transfer arrangement, Australia participated directly in his retrospective punishment and imprisonment, thereby breaching article 15 (1) of the Covenant; (b) his imprisonment in Australia flowed directly from his unfair, unlawful and discriminatory trial in the United States, in violation of articles 2, 14 and 26 of the Covenant: the unfairness of his trial automatically renders his detention in Australia arbitrary and unlawful, as Australia assumed responsibility for carrying out the sentence and punishment; (c) the Government of Australia negotiated directly with the United States concerning the trial standards that would apply to the author; (d) public statements asserting his guilt were repeatedly made by senior United States and Australian officials, which severely prejudiced his ability to receive a fair trial; (e) Australia did not make strong protests or representations to the Government of the United States to object either to the retroactivity of the charge or to the unfairness of the procedure; (f) Australia 3

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