Netherlands (Kingdom of the)

Interpretative declaration with respect to article 1:

       "It is the understanding of the Government of the Kingdom of the Netherlands that the term "lawful sanctions" in article 1, paragraph 1, must be understood as referring to those sanctions which are lawful not only under national law but also under international law."

Netherlands (Kingdom of the)

26 February 1996

With regard to the reservations, understandings and declarations made by the United States of America upon ratification:

       "The Government of the Netherlands considers the reservation made by the United States of America regarding the article 16 of [the Convention] to be incompatible with the object and purpose of the Convention, to which the obligation laid down in article 16 is essential. Moreover, it is not clear how the provisions of the Constitution of the United States of America relate to the obligations under the Convention. The Government of the Kingdom of the Netherlands therefore objects to the said reservation. This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the United States of America.

       The Government of the Kingdom of the Netherlands considers the following understandings to have no impact on the obligations of the United States of America under the Convention:

       II. 1 a This understanding appears to restrict the scope of the definition of torture under article 1 of the Convention.

       1 d This understanding diminishes the continuous responsibility of public officials for behaviour of their subordinates.

       The Government of the Kingdom of the Netherlands reserves its position with regard to the understandings II. 1b, 1c and 2 as the contents thereof are insufficiently clear.

19 January 2001

With regard to the reservation made by Qatar upon accession:

       "The Government of the Kingdom of the Netherlands considers that the reservation concerning the national law of Qatar, which seeks to limit the responsibilities of the reserving State under the Convention by invoking national law, may raise doubts as to the commitment of this State to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law.

       It is in the common interest of States that treaties to which they hav chosen to become party should be respected, as to object and purpose, by all parties.

       The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservation  made by the Government of Qatar.

       This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Qatar."

16 July 2013

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

       “The Government of the Kingdom of the Netherlands has carefully examined the reservations and the declaration 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 the Kingdom of the Netherlands considers that the declaration made by the United Arab Emirates regarding Article 1 of the Convention in substance constitutes a reservation limiting the scope of the Convention.

       The Government of the Kingdom of the Netherlands considers that with this reservation the application of the Convention is made subject to national legislation in force in the United Arab Emirates.

       The Government of the Kingdom of the Netherlands considers that reservations of this kind must be regarded as incompatible with the object and purpose of the Convention and would recall that,according to customary international law, as codified in the Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of a treaty shall not be permitted.

       The Government of the Kingdom of the Netherlands therefore objects to the reservation of the United Arab Emirates to Article 1 of the Convention.

       This objection does not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the United Arab Emirates.”

19 September 2013

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

       "The Government of the Kingdom of the Netherlands has carefully examined the reservations and the declarations made by the Lao People’s Democratic Republic upon ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

       The Government of the Kingdom of the Netherlands considers that the declaration made by the Lao People’s Democratic Republic regarding Article 1 of the Convention in substance constitutes a reservation limiting the scope of the Convention.

       The Government of the Kingdom of the Netherlands considers that with this reservation the application of the Convention is made subject to national legislation in force in the Lao People’s Democratic Republic.

       The Government of the Kingdom of the Netherlands considers that reservations of this kind must be regarded as incompatible with the object and purpose of the Convention and would recall that, according to Article 19 (c) of the Vienna Convention on the Law of  Treaties, reservations incompatible with the object and purpose of a treaty shall not be permitted.

       The Government of the Kingdom of the Netherlands therefore objects to the reservation of the Lao People’s Democratic Republic to Article 1 of the Convention.

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

13 March 2017

With regard to the reservation made by Fiji upon ratification:

       “The Government of the Kingdom of the Netherlands has carefully examined the reservations made by Fiji upon ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

       With respect to the reservation to Article 1 of the Convention, the Government of the Kingdom of the Netherlands notes that Fiji does not consider itself bound by the definition of torture contained therein and that it considers this definition only to be applicable to the extent as expressed in the Fijian Constitution.

       The Government of the Kingdom of the Netherlands considers that such a reservation, which seeks to limit the responsibilities of the reserving State under the Convention by invoking provisions of its domestic law, is likely to deprive the provisions of the Convention of their effect and therefore must be regarded as incompatible with the object and purpose of the Convention.

       The Government of the Kingdom of the Netherlands recalls that according to customary international law, as codified in the Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of a treaty shall not be permitted.

       The Government of the Kingdom of the Netherlands therefore objects to the reservation of Fiji to Article 1 of the Convention.

       This objection does not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Fiji.”

"With respect to article 21:

       The Government of the Kingdom of the Netherlands hereby declares that it recognizes the competence of the Committee against Torture under the conditions laid down in article 21, to receive and consider communications to the effect that another State Party claims that the Kingdom is not fulfilling its obligations under this Convention;

"With respect to article 22:

       The Government of the Kingdom of the Netherlands hereby declares that it recognizes the competence of the Committee against Torture, under the conditions laid down in article 22, 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 Kingdom of the provisions of the Convention."