Poland
3 June 2011
With regard to the reservations made by Pakistan upon ratification:
“The Government of the Republic of Poland has examined the reservations made by the Islamic Republic of Pakistan upon accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by General Assembly of the United Nations on 10 December 1984, with regard to Articles 3, 4, 6, 8, 12, 13, 16, 28 and 30 of the Convention.
The Government of the Republic of Poland is of the view that the implementation of the reservations aiming at the elimination of the duty to fulfill by the reserving State vital obligations enshrined in the Convention made by the Islamic Republic of Pakistan with regard to Articles 3, 4, 6, 12, 13 and 16 of the Convention would make it impossible to attain the objective of the Convention, which is to protect entities from torture and other cruel, inhuman or degrading treatment or punishment and to make the struggle against such violations of human rights more effective. In consequence, according to Article 19 (c) of the Vienna Convention on the Law of Treaties, which is a treaty and customary norm, these reservations shall not be permitted as incompatible with the object and purpose of the Convention.
In order to justify its will to exclude the legal consequences of certain provisions of the Convention, the Islamic Republic of Pakistan raised in the reservations with regard to Articles 3, 4, 6, 12, 13 and 16 the inconsistency of these provisions with its domestic legislation. The Government of the Republic of Poland recalls that, according to Article 27 of the Vienna Convention on the Law of Treaties, which is a treaty and customary norm, the State Party to an international agreement may not invoke the provisions of its internal law as justification for its failure to perform a treaty.
The Islamic Republic of Pakistan refers in the above-mentioned reservations to the Sharia laws and to its domestic legislation as possibly affecting the application of the Convention. Nonetheless it does specify the exact content of these laws and legislation. As a result, it is impossible to clearly define the extent to which the reserving State has accepted the obligations of the Convention.
Therefore, the Government of the Republic of Poland objects to the reservations made by the Islamic Republic of Pakistan upon accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10 December 1984, with regard to Articles 3, 4, 6, 12, 13 and 16.
This objection does not preclude the entry into force of the Covenant between the Republic of Poland and the Islamic Republic of Pakistan.”
17 July 2013
With regard to the reservation made by the United Arab Emirates upon accession:
"The Government of the Republic of Poland 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 adopted by General Assembly of the United Nations on 10 December 1984, with regard to Article 1 of the Convention.
The reservation made by the United Arab Emirates with regard to Article 1 of the Convention is of general nature and in view of the reference to national law does not allow to define the extent to which State Party making a reservation will be bound by the Convention's provisions. In consequence, according to Article 19(c) of the Vienna Convention of the Law of Treaties, which is a treaty and customary norm, the reservation shall not be permitted as incompatible with the object and purpose of the treaty.
Therefore, the Government of the Republic of Poland objects to the reservation made by the United Arab Emirates upon accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by General Assembly of the United Nations on 10 December 1984, with regard to Article 1.
This objection does not preclude the entry into force of the Convention between the Republic of Poland and the United Arab Emirates."
With regard to the reservations made by Viet Nam made upon ratification
4 February 2016
“The Government of the Republic of Poland has examined the declaration made by the Socialist Republic of Viet Nam upon ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted in New York on December 10, 1984. The declaration meets the definition of a reservation laid out in the Vienna Convention on the Law of
Treaties.
The Government of the Republic of Poland notes that the purpose and object of the Convention is to ensure an enhanced effectiveness of the protection from torture and other cruel or degrading treatment or punishment globally. To this end State-parties took it upon themselves to undertake legislative, administrative, judicial or other measures to prevent the use of torture.
The Government of the Republic of Poland notes that the reservation of the Socialist Republic of Viet Nam – to the extent it concerns not recognizing the Convention as a direct legal basis for extradition in relation to offences referred to in Article 4 – leads to an exemption of certain provisions of that treaty. The efficacy of Article 7, paragraph 1, and Article 8, paragraph 2, of the Convention will depend on the extradition treaties binding the Socialist Republic of Viet Nam or on the domestic authorities' decision regarding the principle of mutuality. Furthermore, the reservation may cause the avoidance of the obligation to supplement the catalogue of offences in the already-binding extradition treaties with the offence of use of torture as stipulated in Article 8, paragraph 1, of the
Convention.
It is the opinion of the Government of the Republic of Poland that the reservation is incompatible with the object and purpose of the Convention in relation to the indicated provisions and as such is not permissible.
Therefore, the Government of the Republic of Poland objects to the reservation made by the Socialist Republic of Viet Nam to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted in New York on December 10, I984.
This objection does not preclude the entry into force of the Convention between the Socialist Republic of Viet Nam and the Republic of Poland.”