UNTC

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made
upon ratification, accession or succession.)

Austria ¹⁵

Austria15

Declaration:

“...

2. Austria regards article 15 as the legal basis for the inadmissibility provided for therein of the use of statements which are established to have been made as a result of torture.”

Objections

(Unless otherwise indicated, the objections were made upon
ratification, accession or succession.)


Austria Austria 24 June 2011 With regard to the reservations made by Pakistan upon ratification: “The Government of Austria has examined the reservations made by the Islamic Republic of Pakistan upon ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. The Government of Austria considers that in aiming to exclude the application of those provisions of the Convention which are deemed incompatible with the Constitution of Pakistan, Sharia laws and certain national laws, the Islamic Republic of Pakistan has made reservations of general and indeterminate scope. These reservations do not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. The Government of Austria therefore considers the reservations of the Islamic Republic of Pakistan to Articles 3, 4, 6, 12, 13 and 16 incompatible with the object and purpose of the Covenant and objects to them. These objections shall not preclude the entry into force of the Convention between Austria and the Islamic Republic of Pakistan.” 31 January 2013 With regard to the reservation made by the United Arab Emirates upon ratification: “The Government of Austria has examined the reservation made by the United Arab Emirates upon accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Government of Austria considers that by the reference to national law regarding Art. 1 of the Convention the United Arab Emirates have made a reservation of general and indeterminate scope. This reservation does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. The Government of Austria therefore considers the reservation of the United Arab Emirates to Art. 1 incompatible with the object and purpose of the Convention and objects to it. This objection shall not preclude the entry into force of the Convention between Austria and the United Arab Emirates.” 23 September 2013 With regard to the reservation made by the Lao People's Democratic Republic upon ratification: “The Government of Austria has examined the declaration made by the Lao People's Democratic Republic upon ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In Austria's view the declaration amounts to a reservation. The Government of Austria considers that by the reference to national law regarding Art. 1 of the Convention the Lao People's Democratic Republic has made a reservation of general and indeterminate scope. This reservation does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. The Government of Austria therefore considers the reservation to Art. 1 incompatible with the object and purpose of the Convention and objects to it. This objection shall not preclude the entry into force of the Convention between Austria and the Lao People's Democratic Republic.” 16 March 2017 WIth regard to the reservation made by Fiji upon ratification: “The Government of Austria has examined the reservation made by the Republic of Fiji upon ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Austria considers that by recognizing the definition of torture according to Article 1 of the Convention only to the extent as expressed in the Fijian Constitution Fiji has made a reservation of a general and indeterminate scope. This reservation does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. Austria therefore considers the reservation to be incompatible with the object and purpose of the Convention and objects to it. This objection shall not preclude the entry into force of the Convention between the Republic of Austria and the Republic of Fiji.”

Austria

24 June 2011

With regard to the reservations made by Pakistan upon ratification:

“The Government of Austria has examined the reservations made by the Islamic Republic of Pakistan upon ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

The Government of Austria considers that in aiming to exclude the application of those provisions of the Convention which are deemed incompatible with the Constitution of Pakistan, Sharia laws and certain national laws, the Islamic Republic of Pakistan has made reservations of general and indeterminate scope. These reservations do not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention.

The Government of Austria therefore considers the reservations of the Islamic Republic of Pakistan to Articles 3, 4, 6, 12, 13 and 16 incompatible with the object and purpose of the Covenant and objects to them.

These objections shall not preclude the entry into force of the Convention between Austria and the Islamic Republic of Pakistan.”

31 January 2013

With regard to the reservation made by the United Arab Emirates upon ratification:

“The Government of Austria has examined the reservation made by the United Arab Emirates upon accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Government of Austria considers that by the reference to national law regarding Art. 1 of the Convention the United Arab Emirates have made a reservation of general and indeterminate scope. This reservation does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention.

The Government of Austria therefore considers the reservation of the United Arab Emirates to Art. 1 incompatible with the object and purpose of the Convention and objects to it.

This objection shall not preclude the entry into force of the Convention between Austria and the United Arab Emirates.”

23 September 2013

With regard to the reservation made by the Lao People's Democratic Republic upon ratification:

“The Government of Austria has examined the declaration made by the Lao People's Democratic Republic upon ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In Austria's view the declaration amounts to a reservation. The Government of Austria considers that by the reference to national law regarding Art. 1 of the Convention the Lao People's Democratic Republic has made a reservation of general and indeterminate scope. This reservation does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. The Government of Austria therefore considers the reservation to Art. 1 incompatible with the object and purpose of the Convention and objects to it. This objection shall not preclude the entry into force of the Convention between Austria and the Lao People's Democratic Republic.”

16 March 2017

WIth regard to the reservation made by Fiji upon ratification:

“The Government of Austria has examined the reservation made by the Republic of Fiji upon ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Austria considers that by recognizing the definition of torture according to Article 1 of the Convention only to the extent as expressed in the Fijian Constitution Fiji has made a reservation of a general and indeterminate scope. This reservation does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention.

Austria therefore considers the reservation to be incompatible with the object and purpose of the Convention and objects to it.

This objection shall not preclude the entry into force of the Convention between the Republic of Austria and the Republic of Fiji.”

Declarations made under articles 21 and 22

(Declarations recognizing the Competence of the Committee against Torture)
(Unless otherwise indicated, the declarations were made
upon ratification, accession or succession.)

Austria

"Austria recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.

"Austria recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to Austrian jurisdiction who claim to be victims of a violation of the provisions of the Convention."