Czech Republic
20 June 2011
“The Czech Republic believes that the reservations of Pakistan made to Articles 3, 4, 6, 8, 12, 13, and 16 of the Convention, if put into practice, would result in restriction and weakening of the universal prohibition of torture. Such restriction or weakening is contrary to the object and purpose of the Convention. Furthermore, Pakistan supports reservations to Articles 4, 6, 12, 13 and 16 by references to its domestic law, which is, in the opinion of the Czech Republic, unacceptable under customary international law, as codified in Article 27 of the Vienna Convention on the Law of Treaties. Finally, the reservations to Articles 4, 6, 12, 13 and 16 that refer to the notions such as “Constitution of Pakistan” and “Sharia laws” and to Article 3 that refer to the notions such as “the provisions of its laws relating to extradition and foreigners”, without specifying its contents, do not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations under the Convention.
It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. According to Article 28 paragraph 2 of the Convention and according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation that is incompatible with the object and purpose of a treaty shall not be permitted.
The Czech Republic, therefore, objects to the aforesaid reservations made by Pakistan to the Convention. This objection shall not preclude the entry into force of the Convention between the Czech Republic and Pakistan. The Convention enters into force in its entirety between the Czech Republic and Pakistan, without Pakistan benefiting from its reservation.”
15 July 2013
With regard to the reservation made by the United Arab Emirates upon accession:
“The Government of the Czech Republic has examined the declaration and reservations made by the United Arab Emirates at the time of its accession to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. The Government of the Czech Republic considers that the declaration made by the United Arab Emirates in substance constitutes a reservation limiting the scope of the Convention. The Government of the Czech Republic is of the view that the reservation, according to which ‘the lawful sanctions applicable under national law, or pain or suffering arising from or associated with or incidental to these lawful sanctions, do not fall under the concept of ‘torture’ defined in article 1 of this Convention or under the concept of cruel, inhuman or degrading treatment or punishment mentioned in this Convention’ raises serious doubt as to the commitment of the United Arab Emirates to the object and purpose of the Convention. The Government of the Czech Republic therefore considers the aforesaid reservation 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 United Arab Emirates and the Czech Republic. The Convention enters into force between the United Arab Emirates and the Czech Republic, without the Untied Arab Emirates benefiting from this reservation.”
25 September 2013
With regard to the reservation made by the Lao People's Democratic Republic upon ratification:
“The Government of the Czech Republic has examined the reservations and declarations made by the Lao People's Democratic Republic on ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter as the "Convention").
The Government of the Czech Republic is of the view that the declaration made by the Lao People's Democratic Republic with regard to the definition of torture in Article 1, paragraph 1, of the Convention is of general and vague nature and, therefore, its character and scope cannot be properly assessed. The declaration leaves open the question whether it amounts to a reservation and whether such a reservation is compatible with the object and purpose of the Convention, i.e., to what extent the Lao People's Democratic Republic commits itself to the binding definition of torture as contained in Article 1, paragraph 1, of the Convention, which forms part of the object and purpose of the Convention and cannot be excluded or modified by the definitions of torture contained in national law of the States Parties to the Convention.
The Government of the Czech Republic wishes to recall that reservations may not be general or vague, since such reservations, without indicating in precise terms their scope, make it impossible to assess whether or not they are compatible with the object and purpose of the treaty. Therefore, the Government of the Czech Republic objects to the aforesaid declaration made by the Government of the Lao People's Democratic Republic. This objection shall not preclude the entry into force of the Convention between the Lao People's Democratic Republic and the Czech Republic, without the Lao People's Democratic Republic benefiting from its declaration.”