Portugal
28 June 2011
With regard to the reservations made by Pakistan upon ratification:
“The Government of the Portuguese Republic has examined the reservations made by the Islamic Republic of Pakistan upon ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, New York, 10 December 1984.
The Government of the Portuguese Republic considers that the reservations made by the Islamic Republic of Pakistan to Articles 3, 4, 6, 12, 13 and 16 are reservations that seek to subject the application of the Convention to its Constitution, its domestic law or/and Sharia Law, limiting the scope of the Convention on an unilateral basis and contributing to undermining the basis of International Law.
The Government of the Portuguese Republic considers that reservations by which a State limits its responsibilities under the International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, by invoking its Constitution, the domestic law or/and the Sharia Law raise serious doubts as to the commitment of the reserving State to the object and purpose of the Convention, as the reservations are likely to deprive the provisions of the Convention of their effect and are contrary to the object and purpose thereof.
It is in the common interest of all the 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.
The Government of the Portuguese Republic recalls 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 Convention shall not be permitted.
The Government of the Portuguese Republic therefore objects to the aforesaid reservations made by the Government of the Islamic Republic of Pakistan to Articles 3, 4, 6, 12, 13 and 16 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, New York, 10 December 1984.
However, these objections shall not preclude the entry into force of the Convention between the Portuguese Republic and the Islamic Republic of Pakistan.”
19 July 2013
With regard to the reservation made by the United Arab Emirates upon accession:
“The Government of the Portuguese Republic has examined the declaration made by the United Arab Emirates upon accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, New York, 10 December 1984.
The Government of the Portuguese Republic considers that the declaration made by the United Arab Emirates, to Article 1, is in fact a reservation that seeks to limit the scope of the Convention on a unilateral basis and is therefore contrary to its object and purpose.
The reservation furthermore is not compatible with the terms of Article 2 of the Convention according to which each State Party shall take effective measures to prevent acts of torture in any territory under its jurisdiction.
The Government of the Portuguese Republic recalls that, according to Article 19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted.
The Government of the Portuguese Republic therefore objects to the aforesaid reservation made by the United Arab Emirates to Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, New York, 10 December 1984.
However, this objection shall not preclude the entry into force of the Convention between the Portuguese Republic and the United Arab Emirates.”
13 September 2013
With regard to the reservation made by the Lao People's Democratic Republic upon ratification:
“The Government of the Portuguese Republic has examined the reservations and declaration made by the Lao People’s Democratic Republic on ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, New York, 10 December 1984.
The Government of the Portuguese Republic considers that the declaration made by the Lao People’s Democratic Republic to Article 1 of the Convention, insofar as it refers to the national law of the Lao People’s Democratic Republic, constitutes in substance a reservation of general scope, which does not specify the extent of the derogation and is incompatible with the object and purpose of the Convention.
The Government of the Portuguese Republic underlines 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 Convention shall not be permitted, and recalls that it is in the common interest of all 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.
The Government of the Portuguese Republic therefore objects to the aforesaid declaration made by the Government of the Lao People’s Democratic Republic of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, New York, 10 December 1984.
The present objection shall not preclude the entry into force of the Convention between the Portuguese Republic and the Lao People’s Democratic Republic.”