UNTC

Declarations and Reservations

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

Germany ³

Germany3

Upon signature:

The Government of the Federal Republic of Germany reserves the right to communicate, upon ratification, such reservations or declarations of interpretation as are deemed necessary especially with respect to the applicability of article 3.

Upon ratification:

Article 3

This provision prohibits the transfer of a person directly to a State where this person is exposed to a concrete danger of being subjected to torture. In the opinion of the Federal Republic of Germany, article 3 as well as the other provisions of the Convention exclusively establish State obligations that are met by the Federal Republic of Germany in conformity with the provisions of its domestic law which is in accordance with the Convention.

Objections

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


Germany Germany 23 January 2001 With regard to the reservation made by Qatar upon accession: “The Government of the Federal Republic of Germany has examined the reservation to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment made by the Government of Qatar. The Government of the Federal Republic of Germany is of the view that the reservation with regard to compatibility of the rules of the Convention with the precepts of Islamic law and the Islamic religion raises doubts as to the commitment of Qatar to fulfil its obligations under the Convention. The Government of the Federal Republic of Germany considers this reservation to be incompatible with the object and purpose of the Convention. Therefore the Government of the Federal Republic of Germany objects to the aforesaid reservation made by the Government of Qatar to the Convention. This objection does not preclude the entry into force of the Convention between the Federal Republic of Germany and Qatar." 28 June 2011 With regard to the reservations made by Pakistan upon ratification: “The Government of the Federal Republic of Germany has carefully examined the reservations made by the Islamic Republic of Pakistan on 23 June 2010 to Articles 3, 4, 6, 12, 13 and 16 of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. The Government of the Federal Republic of Germany is of the opinion that these reservations subject the application of Articles 3, 4, 6, 12, 13 and 16, all of which are core provisions of the Convention, to a system of domestic norms without specifying the contents thereof, leaving it uncertain to which extent the Islamic Republic of Pakistan accepts to be bound by the obligations under the Convention and raising serious doubts as to its commitment to fulfil its obligations under the Convention. The reservations therefore are considered incompatible with the object and purpose of the Convention and consequently impermissible under Art. 19 c of the Vienna Convention on the Law of Treaties. The Government of the Federal Republic of Germany therefore objects to the above-mentioned reservations as being incompatible with the object and purpose of the Convention. This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the Islamic Republic of Pakistan.” 22 July 2013 With regard to the reservation made by the United Arab Emirates upon accession: “The Government of the Federal Republic of Germany has carefully examined the declaration made by the United Arab Emirates upon its accession to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984. The Government of the Federal Republic of Germany considers that the declaration, notwithstanding its designation, amounts to a reservation, which is meant to limit the scope of application of the Convention. The Government of the Federal Republic of Germany also considers that a reservation which subjects the application of the Convention to national laws on sanctions is of a general and indeterminate nature and raises doubts as to the extent of the commitment to fulfil obligations under the Convention. According to the opinion of the Government of the Federal Republic of Germany such a reservation is incompatible with the object and purpose of the Convention. The Government of the Federal Republic of Germany therefore objects to this reservation as being impermissible. This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the United Arab Emirates.” 25 September 2013 With regard to the reservation made by Lao People’s Democratic Republic upon ratification: “The Government of the Federal Republic of Germany has carefully examined the declaration made by the Lao People’s Democratic Republic upon its ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 with respect to Article 1, paragraph 1, thereof. The Government of the Federal Republic of Germany considers that the declaration, notwithstanding its designation, amounts to a reservation which is meant to limit the scope of application of the Convention. A reservation which makes the application of the Convention conditional on a definition contained in national laws is of a general and indeterminate nature and raises doubts as to the extent of the State’s commitment to fulfil its obligations under the Convention. In the opinion of the Government of the Federal Republic of Germany such a reservation is incompatible with the object and purpose of the Convention. The Government of the Federal Republic of Germany therefore objects to this reservation as being impermissible. This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the Lao People’s Democratic Republic.” 16 March 2017 WIth regard to the reservation made by Fiji upon ratification: The Government of the Federal Republic of Germany has examined the reservation made by the Republic of Fiji upon its ratification of ... the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 with respect to Article 1 thereof. The Government of the Federal Republic of Germany considers that the reservation to Article 1 makes the application of the Convention conditional on a definition contained in the national Constitution. The reservation is of a general and indeterminate nature and raises doubts as to the extent of the Republic of Fiji’s commitment to fulfil its obligations under the Convention. In the opinion of the Government of the Federal Republic of Germany such a reservation is incompatible with the object and purpose of the Convention. The Government of the Federal Republic of Germany therefore objects to this reservation as being impermissible. This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the Republic of Fiji.

Germany

23 January 2001

With regard to the reservation made by Qatar upon accession:

“The Government of the Federal Republic of Germany has examined the reservation to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment made by the Government of Qatar. The Government of the Federal Republic of Germany is of the view that the reservation with regard to compatibility of the rules of the Convention with the precepts of Islamic law and the Islamic religion raises doubts as to the commitment of Qatar to fulfil its obligations under the Convention. The Government of the Federal Republic of Germany considers this reservation to be incompatible with the object and purpose of the Convention. Therefore the Government of the Federal Republic of Germany objects to the aforesaid reservation made by the Government of Qatar to the Convention.

This objection does not preclude the entry into force of the Convention between the Federal Republic of Germany and Qatar."

28 June 2011

With regard to the reservations made by Pakistan upon ratification:

“The Government of the Federal Republic of Germany has carefully examined the reservations made by the Islamic Republic of Pakistan on 23 June 2010 to Articles 3, 4, 6, 12, 13 and 16 of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

The Government of the Federal Republic of Germany is of the opinion that these reservations subject the application of Articles 3, 4, 6, 12, 13 and 16, all of which are core provisions of the Convention, to a system of domestic norms without specifying the contents thereof, leaving it uncertain to which extent the Islamic Republic of Pakistan accepts to be bound by the obligations under the Convention and raising serious doubts as to its commitment to fulfil its obligations under the Convention. The reservations therefore are considered incompatible with the object and purpose of the Convention and consequently impermissible under Art. 19 c of the Vienna Convention on the Law of Treaties.

The Government of the Federal Republic of Germany therefore objects to the above-mentioned reservations as being incompatible with the object and purpose of the Convention. This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the Islamic Republic of Pakistan.”

22 July 2013

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

“The Government of the Federal Republic of Germany has carefully examined the declaration made by the United Arab Emirates upon its accession to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984.

The Government of the Federal Republic of Germany considers that the declaration, notwithstanding its designation, amounts to a reservation, which is meant to limit the scope of application of the Convention. The Government of the Federal Republic of Germany also considers that a reservation which subjects the application of the Convention to national laws on sanctions is of a general and indeterminate nature and raises doubts as to the extent of the commitment to fulfil obligations under the Convention. According to the opinion of the Government of the Federal Republic of Germany such a reservation is incompatible with the object and purpose of the Convention. The Government of the Federal Republic of Germany therefore objects to this reservation as being impermissible.

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

25 September 2013

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

“The Government of the Federal Republic of Germany has carefully examined the declaration made by the Lao People’s Democratic Republic upon its ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 with respect to Article 1, paragraph 1, thereof.

The Government of the Federal Republic of Germany considers that the declaration, notwithstanding its designation, amounts to a reservation which is meant to limit the scope of application of the Convention. A reservation which makes the application of the Convention conditional on a definition contained in national laws is of a general and indeterminate nature and raises doubts as to the extent of the State’s commitment to fulfil its obligations under the Convention. In the opinion of the Government of the Federal Republic of Germany such a reservation is incompatible with the object and purpose of the Convention.

The Government of the Federal Republic of Germany therefore objects to this reservation as being impermissible.

This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the Lao People’s Democratic Republic.”

16 March 2017

WIth regard to the reservation made by Fiji upon ratification:

The Government of the Federal Republic of Germany has examined the reservation made by the Republic of Fiji upon its ratification of ... the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 with respect to Article 1 thereof.

The Government of the Federal Republic of Germany considers that the reservation to Article 1 makes the application of the Convention conditional on a definition contained in the national Constitution. The reservation is of a general and indeterminate nature and raises doubts as to the extent of the Republic of Fiji’s commitment to fulfil its obligations under the Convention. In the opinion of the Government of the Federal Republic of Germany such a reservation is incompatible with the object and purpose of the Convention. The Government of the Federal Republic of Germany therefore objects to this reservation as being impermissible.

This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany 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.)

Germany

19 October 2001

In accordance with article 21 (1) of the Convention, the Federal Republic of Germany declares that it 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 the Convention. In accordance with article 22 (1) of the Convention, the Federal Republic of Germany declares that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by the Federal Republic of Germany of the provisions of the Convention.