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STATUS AS AT : 23-11-2009 01:48:48 EDT
CHAPTER IV
HUMAN RIGHTS
9 .b Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
New York, 18 December 2002
Entry into force
:
22 June 2006, in accordance with article 28(1)which reads as follows: "1. The present Protocol shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State ratifying the present Protocol or acceding to it after the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession, the present Protocol shall enter into force on the thirtieth day after the date of deposit of its own instrument of ratification or accession."
Registration :
22 June 2006, No. 24841
Status :
Signatories : 63. Parties : 50
Text :
GA Resolution A/RES/57/199 of 9 January 2003.
Note :
The above Protocol was adopted on 18 December 2002 at the fifty-seventh session of the General Assembly of the United Nations by resolution A/RES/57/199.  In accordance with article 27 (1), the Protocol was opened for signature on 4 February 2003, the first possible date, by any State that has signed the Convention. In accordance with operative paragraph 1 of General Assembly resolution A/RES/57/199, the Protocol is available for signature, ratification and accession at United Nations Headquarters in New York.
Participant
 Signature, Succession to signature(d)
 Ratification, Accession(a), Succession(d)
Albania
    1 Oct 2003 a
Argentina
 30 Apr 2003
15 Nov 2004
Armenia
   14 Sep 2006 a
Australia
 19 May 2009
 
Austria
 25 Sep 2003
 
Azerbaijan
 15 Sep 2005
28 Jan 2009
Belgium
 24 Oct 2005
 
Benin
 24 Feb 2005
20 Sep 2006
Bolivia
 22 May 2006
23 May 2006
Bosnia and Herzegovina
  7 Dec 2007
24 Oct 2008
Brazil
 13 Oct 2003
12 Jan 2007
Burkina Faso
 21 Sep 2005
 
Cambodia
 14 Sep 2005
30 Mar 2007
Chile
  6 Jun 2005
12 Dec 2008
Congo
 29 Sep 2008
 
Costa Rica
  4 Feb 2003
 1 Dec 2005
Croatia
 23 Sep 2003
25 Apr 2005
Cyprus
 26 Jul 2004
29 Apr 2009
Czech Republic
 13 Sep 2004
10 Jul 2006
Denmark 1
26 Jun 2003
25 Jun 2004
Ecuador
 24 May 2007
 
Estonia
 21 Sep 2004
18 Dec 2006
Finland
 23 Sep 2003
 
France
 16 Sep 2005
11 Nov 2008
Gabon
 15 Dec 2004
 
Georgia
    9 Aug 2005 a
Germany
 20 Sep 2006
 4 Dec 2008
Ghana
  6 Nov 2006
 
Guatemala
 25 Sep 2003
 9 Jun 2008
Guinea
 16 Sep 2005
 
Honduras
  8 Dec 2004
23 May 2006
Iceland
 24 Sep 2003
 
Ireland
  2 Oct 2007
 
Italy
 20 Aug 2003
 
Kazakhstan
 25 Sep 2007
22 Oct 2008
Kyrgyzstan
   29 Dec 2008 a
Lebanon
   22 Dec 2008 a
Liberia
   22 Sep 2004 a
Liechtenstein
 24 Jun 2005
 3 Nov 2006
Luxembourg
 13 Jan 2005
 
Madagascar
 24 Sep 2003
 
Maldives
 14 Sep 2005
15 Feb 2006
Mali
 19 Jan 2004
12 May 2005
Malta
 24 Sep 2003
24 Sep 2003
Mauritius
   21 Jun 2005 a
Mexico
 23 Sep 2003
11 Apr 2005
Montenegro 2
23 Oct 2006 d
  6 Mar 2009
Netherlands
  3 Jun 2005
 
New Zealand 3
23 Sep 2003
14 Mar 2007
Nicaragua
 14 Mar 2007
25 Feb 2009
Nigeria
   27 Jul 2009 a
Norway
 24 Sep 2003
 
Paraguay
 22 Sep 2004
 2 Dec 2005
Peru
   14 Sep 2006 a
Poland
  5 Apr 2004
14 Sep 2005
Portugal
 15 Feb 2006
 
Republic of Moldova
 16 Sep 2005
24 Jul 2006
Romania
 24 Sep 2003
 2 Jul 2009
Senegal
  4 Feb 2003
18 Oct 2006
Serbia
 25 Sep 2003
26 Sep 2006
Sierra Leone
 26 Sep 2003
 
Slovenia
   23 Jan 2007 a
South Africa
 20 Sep 2006
 
Spain
 13 Apr 2005
 4 Apr 2006
Sweden
 26 Jun 2003
14 Sep 2005
Switzerland
 25 Jun 2004
24 Sep 2009
The former Yugoslav Republic of Macedonia
  1 Sep 2006
13 Feb 2009
Timor-Leste
 16 Sep 2005
 
Togo
 15 Sep 2005
 
Turkey
 14 Sep 2005
 
Ukraine
 23 Sep 2005
19 Sep 2006
United Kingdom of Great Britain and Northern Ireland
 26 Jun 2003
10 Dec 2003
Uruguay
 12 Jan 2004
 8 Dec 2005
Declarations and Reservations
(Unless otherwise indicated, the declarations were made upon ratification, accession or succession.)
Azerbaijan

Declaration:

       “The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from occupation.”
Belgium

       Declaration made upon signature:  This signature also engages the French community, the Flemish community, the German-speaking community and the Waloon region.
France

Declaration:

       Pursuant to articles 15 and 21 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, no French authority or official shall order, apply, permit or tolerate any sanction against any person or organization for having communicated to the Subcommittee on Prevention or to its delegates or to the national preventive
       mechanism any information, whether true or false, and no such person or organization shall be otherwise prejudiced in any way, provided that, in the case of false information, the person or organization in question was unaware of the false nature of the information at the time of its communication and, moreover, without prejudice to the legal remedies that persons who are implicated
       may invoke for harm suffered as a result of the communication of false information about them.
Germany

Declaration:

       “The distribution of competences within the Federal Republic of Germany means that a treaty between the Länder (federal states), which requires parliamentary approval, is needed in order to establish the national preventive mechanism at Länder level. Because of this requirement, Germany shall postpone the implementation of its obligations under Part IV of the Optional Protocol. The Subcommittee will be informed as soon as possible of the date from which the national prevention mechanism is operational.”
Montenegro

Declaration:

       “The Government of Montenegro makes the following Declaration in relation to article 24 of the Optional Protocol:

       In accordance with the article 24 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Montenegro postpones the implementation of its obligations under part IV of the present Optional Protocol for two years after the date of the entrance into force of the Optional Protocol.”
Romania

Declaration:

       “In accordance with Article 24, paragraph 1 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Romania declares that it postpones for three years the implementation of the obligations under Part IV of the Optional Protocol, concerning national preventive mechanisms.”
Notifications made under article 17
(Unless otherwise indicated, the notifications were made
upon ratification, accession or succession.)
Azerbaijan
       “The Ministry of Foreign Affairs of the Republic of Azerbaijan…..has the honour to inform that the Commissioner of the Human Rights (Ombudsman) of the Republic of Azerbaijan was designated by the Decree of the President of the Republic of Azerbaijan No. 112, dated January 13, 2009 as the national preventive mechanism according to Article 17 of the (United Nations) Optional Protocol to the Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment.”
Slovenia
       "In accordance with Article 17 of the Protocol, the Republic of Slovenia declares herewith that the competencies and duties of the national preventive mechanism will be performed by the Human Rights Ombudsperson and in agreement with him/her also by non-governmental organisations registered in the Republic of Slovenia and by organisations, which acquired the status of humanitarian organisations in the Republic of Slovenia."
The former Yugoslav Republic of Macedonia
       “In accordance with Article 17 of the Protocol, the Republic of Macedonia declares that the Ombudsman of the Republic of Macedonia is designated as a national preventive mechanism for the prevention of torture at the domestic level.
       The non-governmental organizations registered in the Republic of Macedonia and organizations which have acquired the status of humanitarian organizations in the Republic of Macedonia, may perform some of the competences of the national preventive mechanism, in agreement with, and with prior consent of the Ombudsman of the Republic of Macedonia.”
End Note
1.With a territorial exclusion in respect of the Faroe Islands.

Subsequently, on 29 August 2005, the Government of Denmark informed the Secretary-General of the following:

"... that Denmark withdraws its declaration made upon ratification of the said Protocol to the effect that until further notice the Optional Protocol should not apply to the Faroe Islands."
2.See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
3.With a territorial exclusion with regard to the Tokelau Islands, with the following:

"... consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory."