CHAPTER IV

HUMAN RIGHTS9bOptional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentNew York, 18 December 2002Entry into force22 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".Registration22 June 2006, No. 24841StatusSignatories72Parties68TextUnited Nations, <i>Treaty Series</i>, vol. 2375, p. 237; GA Resolution A/RES/57/199 of 9 January 2003. C.N.25.2010.TREATIES-1 of 29 January 2010 (Proposal of corrections to the original text of the Optional Protocol (authentic Russian and Spanish texts) and to the certified true copies; C.N.244.2010.TREATIES-3 of 30 April 2010 (Corrections to the original text of the Optional Protocol (authentic Russian and Spanish texts) and to the certified true copies.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.

ParticipantSignature, Succession to signature(d)Accession(a), Succession(d), RatificationAlbania 1 Oct 2003 aArgentina30 Apr 2003 15 Nov 2004 Armenia14 Sep 2006 aAustralia19 May 2009 Austria25 Sep 2003 4 Dec 2012 Azerbaijan15 Sep 2005 28 Jan 2009 Belgium24 Oct 2005 Benin24 Feb 2005 20 Sep 2006 Bolivia (Plurinational State of)22 May 2006 23 May 2006 Bosnia and Herzegovina 7 Dec 2007 24 Oct 2008 Brazil13 Oct 2003 12 Jan 2007 Bulgaria22 Sep 2010 1 Jun 2011 Burkina Faso21 Sep 2005 7 Jul 2010 Cambodia14 Sep 2005 30 Mar 2007 Cameroon15 Dec 2009 Cape Verde26 Sep 2011 Chad26 Sep 2012 Chile 6 Jun 2005 12 Dec 2008 Congo29 Sep 2008 Costa Rica 4 Feb 2003 1 Dec 2005 Croatia23 Sep 2003 25 Apr 2005 Cyprus26 Jul 2004 29 Apr 2009 Czech Republic13 Sep 2004 10 Jul 2006 Democratic Republic of the Congo23 Sep 2010 aDenmark<superscript>1</superscript>26 Jun 2003 25 Jun 2004 Ecuador24 May 2007 20 Jul 2010 Estonia21 Sep 2004 18 Dec 2006 Finland23 Sep 2003 France16 Sep 2005 11 Nov 2008 Gabon15 Dec 2004 22 Sep 2010 Georgia 9 Aug 2005 aGermany20 Sep 2006 4 Dec 2008 Ghana 6 Nov 2006 Greece 3 Mar 2011 Guatemala25 Sep 2003 9 Jun 2008 Guinea16 Sep 2005 Honduras 8 Dec 2004 23 May 2006 Hungary12 Jan 2012 aIceland24 Sep 2003 Ireland 2 Oct 2007 Italy20 Aug 2003 3 Apr 2013 Kazakhstan25 Sep 2007 22 Oct 2008 Kyrgyzstan29 Dec 2008 aLebanon22 Dec 2008 aLiberia22 Sep 2004 aLiechtenstein24 Jun 2005 3 Nov 2006 Luxembourg13 Jan 2005 19 May 2010 Madagascar24 Sep 2003 Maldives14 Sep 2005 15 Feb 2006 Mali19 Jan 2004 12 May 2005 Malta24 Sep 2003 24 Sep 2003 Mauritania27 Sep 2011 3 Oct 2012 Mauritius21 Jun 2005 aMexico23 Sep 2003 11 Apr 2005 Montenegro<superscript>2</superscript>23 Oct 2006 d 6 Mar 2009 Nauru24 Jan 2013 aNetherlands<superscript>3</superscript> 3 Jun 2005 28 Sep 2010 New Zealand<superscript>4</superscript>23 Sep 2003 14 Mar 2007 Nicaragua14 Mar 2007 25 Feb 2009 Nigeria27 Jul 2009 aNorway24 Sep 2003 Panama22 Sep 2010 2 Jun 2011 Paraguay22 Sep 2004 2 Dec 2005 Peru14 Sep 2006 aPhilippines17 Apr 2012 aPoland 5 Apr 2004 14 Sep 2005 Portugal15 Feb 2006 15 Jan 2013 Republic of Moldova16 Sep 2005 24 Jul 2006 Romania24 Sep 2003 2 Jul 2009 Senegal 4 Feb 2003 18 Oct 2006 Serbia25 Sep 2003 26 Sep 2006 Sierra Leone26 Sep 2003 Slovenia23 Jan 2007 aSouth Africa20 Sep 2006 Spain13 Apr 2005 4 Apr 2006 Sweden26 Jun 2003 14 Sep 2005 Switzerland25 Jun 2004 24 Sep 2009 The former Yugoslav Republic of Macedonia 1 Sep 2006 13 Feb 2009 Timor-Leste16 Sep 2005 Togo15 Sep 2005 20 Jul 2010 Tunisia29 Jun 2011 aTurkey14 Sep 2005 27 Sep 2011 Ukraine23 Sep 2005 19 Sep 2006 United Kingdom of Great Britain and Northern Ireland26 Jun 2003 10 Dec 2003 Uruguay12 Jan 2004 8 Dec 2005 Venezuela (Bolivarian Republic of) 1 Jul 2011 Zambia27 Sep 2010 AzerbaijanDeclaration:“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<i>Declaration made upon signature:</i> This signature also engages the French community, the Flemish community, the German-speaking community and the Waloon region.Bosnia and Herzegovina<superscript>5</superscript><right>23 March 2012</right>Declaration:“In accordance with article 24 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Bosnia and Herzegovina postpones the implementation of its obligations under part IV of the present Optional Protocol, related to the designation of the national preventive mechanism, for a period no longer than three years.”FranceDeclaration: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 preventivemechanism 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 implicatedmay invoke for harm suffered as a result of the communication of false information about them.GermanyDeclaration:“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.”Hungary<right>7 February 2012</right>Declaration: “In accordance with Article 24 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Hungary declares the postponement for three years of the implementation of the obligations under Part IV of the Optional Protocol, concerning national preventive mechanisms.”Kazakhstan<superscript>6</superscript><right>8 February 2010</right>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, the Republic of Kazakhstan hereby postponing the implementation of its obligations under part IV of the present Optional Protocol."MontenegroDeclaration:“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.”Philippines “In accordance with Part V, Article 24 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, the Republic of the Philippines hereby declares the postponement of the implementation of its obligations under Part III of the Optional Protocol, specifically Article 11 (1)(a) on the visitations by the Subcommittee on Prevention to places referred to in Article 4 and for them to make recommendations to States Parties concerning the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment.”RomaniaDeclaration:“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.”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.”1With 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."2See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.3For the Kingdom in Europe.4With 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."5The declaration in question was accepted for deposit on 23 March 2012 in the absence of any objection on the part of one of the Contrating States, either to the deposit itself or to the procedure envisaged, within a period of one year from the date of the notification circulating the declaration, i.e., on 23 March 2011. 6The declaration was accepted in deposit on 22 May 2010 in the absence of any objection on the part of one of the Contrating States, either to the deposit itself or to the procedure envisaged, within a period of three months from the date of the notification circulating the declaration, i.e., on 22 February 2010.