Finland
27 February 1996
With regard to the reservations, understandings and declarations made by the United States of America upon ratification:
"A reservation which consists of a general reference to national law without specifying its contents does not clearly define to the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore may cast doubts about the commitment of the reserving State to fulfil its obligations under the Convention. Such a reservation is also, in the view of the Government of Finland, subject to the general principle to treaty interpretation according to which a party may not invoke the provisions of its internal law as justification for failure to perform a treaty.
The Government of Finland therefore objects to the reservation made by the United States to article 16 of the Convention [(cf. Reservation I.(1)]. In this connection the Government of Finland would also like to refer to its objection to the reservation entered by the United States with regard to article 7 of the International Covenant on Civil and Political Rights.
[For the text of the objection see under "Objections" in chapter IV.4]. 13 December 1999
With regard to the declaration made by Bangladesh upon accession:
"The Government of Finland has examined the contents of the declaration made by the Government of Bangladesh to Article 14 paragraph 1 to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and notes that the declaration constitutes a reservation as it seems to modify the obligations of Bangladesh under the said article.
A reservation which consists of a general reference to national law without specifying its contents does not clearly define for the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore may raise doubts as to the commitment ofthe reserving state to fulfil its obligations under the Convention. Such a reservation is also, in the view of the Government of Finland, subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.
Therefore the Government of Finland objects to the aforesaid reservation to Article 14 paragraph 1 made by the Government of Bangladesh. This objection does not preclude the entry into force of the Convention between Bangladesh and Finland. The Convention will thus become operative between the two States without Bangladesh benefitting from these reservations".
16 January 2001
With regard to the reservation made by Qatar upon accession:
"The Government of Finland has examined the context of the reservation made by the Government of Qatar regarding any interpretation incompatible with the precepts of Islamic law and the Islamic religion. The Government of Finland notes that a reservation which consists of a general reference to national law without specifying its contents does not clearly define for the other Parties to the Convention the extent to which the reserving State commits itself to the Convention and may therefore raise doubts as to the commitment of the reserving state to fulfil its obligations under the Convention. Such a reservation, in the view of the Government of Finland, is subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.
The Government of Finland also notes that the reservation of Qatar, being of such a general nature, raises doubts as to the full commitment of Qatar to the object and purpose of the Convention and would like to recall that, according to the Vienna Convention on the Law of the Treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted.
For the above-mentioned reasons the Government of Finland objects to the reservation made by the Government of Qatar. This objection does not preclude the entry into force of the Convention between Qatar and Finland. The Convention will thus become operative between the two States without Qatar benefitting from this reservation."
28 June 2011
With regard to the reservations made by Pakistan upon ratification:
“The Government of Finland welcomes the ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment by the Islamic Republic of Pakistan. The Government of Finland has carefully examined the content of the reservations relating to Articles 3, 4, 6, 8, 12, 13, 16, 28 and 30 of the Convention made by the Islamic Republic of Pakistan upon ratification.
The Government of Finland notes that the Islamic Republic of Pakistan reserves the right to apply the provisions of Article 3 so as to be in conformity with the provisions of its laws relating to extradition and foreigners, and the provisions of Articles 4, 6, 12, 13 and 16 to the extent that they are not repugnant to the provisions of the Constitution of Pakistan and the Sharia laws.
The Government of Finland notes that a reservation which consists of a general reference to national law without specifying its content does not clearly define to other Parties to the Convention the extent to which the reserving States commits itself to the Convention and creates serious doubts as to the commitment of the reserving State to fulfil its obligations under the Convention. Such reservations are, furthermore, subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.
The reservations to Articles 3, 4, 6, 12, 13 and 16 seek to restrict essential obligations of the Islamic Republic of Pakistan under the Convention and raise serious doubts as to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Convention. The Government of Finland wishes to recall that, according to Article 19 (c) of the Vienna Convention on the Law of Treaties and customary international law, a reservation contrary to the object and purpose of a treaty shall not be permitted. 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 and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.
The Government of Finland therefore objects to the reservations made by the Islamic Republic of Pakistan in respect of Articles 3, 4, 6, 12, 13 and 16 of the Convention. This objection shall not preclude the entry into force of the Convention between the Islamic Republic of Pakistan and Finland. The Convention will thus become operative between the two states without the Islamic Republic of Pakistan benefiting from its reservations.”
22 July 2013
With regard to the reservation made by the United Arab Emirates upon accession:
"The Government of Finland has examined the contents of the declaration made by the Government of the United Arab Emirates to Article 1 to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and notes that the declaration constitutes a reservation as it seems to modify the obligations of the United Arab Emirates under the said article.
A reservation which consists of a general reference to national law without specifying its contents does not clearly define for the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore may raise doubts as to the commitment of the reserving State to fulfill its obligations under the Convention. Such a reservation is also, in the view of the Government of Finland, subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.
In its present formulation, the reservation to Article 1 is incompatible with the object and purpose of the Convention. According to Article 19, paragraph (c) of the Vienna Convention on the Law of the Treaties, such reservations shall not be permitted.
Therefore, the Government of Finland objects to the aforesaid reservation to Article 1 made by the Government of the United Arab Emirates. This objection does not preclude the entry into force of the Convention between Finland and the United Arab Emirates. The Convention will thus become operative between the two States without the United Arab Emirates benefitting from this reservation."
20 September 2013
With regard to the reservation made by the Lao People's Democratic Republic upon ratification:
“The Government of Finland has carefully examined the contents of the declaration [made by the Lao People’s Democratic Republic relating to article 1, paragraph 1 of the Convention] and considers that it amounts to a reservation as it seems to modify the obligations of the Lao People's Democratic Republic under the said article.
A reservation which consists of a general reference to national law without specifying its contents does not clearly define for other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore, raises doubts as to the commitment of the reserving State to fulfil its obligations under the Convention. Such a reservation is also subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.
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, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.
The Government of Finland wishes to recall that according to customary international law, as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the treaty is not permitted. In its present formulation, the reservation to article 1, paragraph 1, is in contradiction with the object and purpose of the Convention.
Therefore, the Government of Finland objects to the aforesaid reservation to article 1, paragraph 1, made by the Lao People's Democratic Republic. This objection does not preclude the entry into force of the Convention between Finland and the Lao People's Democratic Republic. The Convention will thus become operative between the two States without the Lao People's Democratic Republic benefitting from this reservation.”
1 March 2017
WIth regard to the reservations made by Fiji upon ratification:
“… The Government of Finland has carefully examined the contents of the reservations made by the Republic of Fiji concerning the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Regarding the reservation to Article 1 of the Convention, the Government of Finland notes that reservations by which a State Party limits its responsibilities under the Convention by invoking national law may cast doubts on the commitment of the reserving State to the object and purpose of the Convention. Such reservations are also subject to the general principle of treaty law according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.
In view of the Government of Finland, the reservation made by Fiji to Article 1 of the Convention is incompatible with the object and purpose of the Convention. According to Article 19 of the Vienna Convention on the Law of Treaties and customary international law, such reservations shall not be permitted.
Therefore, the Government of Finland objects to the aforesaid reservation made by the Republic of Fiji. This objection does not preclude the entry into force of the Convention between Finland and the Republic of Fiji. The Convention will thus become operative between the two States without the Republic of Fiji benefitting from the aforementioned reservation…”