UNTC

Declarations and Reservations

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

Slovakia ⁷

Slovakia7

Objections

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


Slovakia Slovakia 23 June 2011 Objection to the reservations made by Pakistan upon ratification: “The Slovak Republic has examined the reservations made by the Islamic Republic of Pakistan upon its ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, of 10 December 1984, according to which: ‘The Government of the Islamic Republic of Pakistan declares that the provisions of Article 3 shall be so applied as to be in conformity with the provisions of its laws relating to extradition and foreigners. The Government of the Islamic Republic of Pakistan declares that pursuant to Article 8, paragraph 2, of the Convention, it does not take this Convention as the legal basis for cooperation on extradition with other States Parties. The Government of the Islamic Republic of Pakistan declares that the provisions of these Articles [Article 4, 6, 12, 13, and 16] shall be so applied to the extent that they are not repugnant to the Provisions of the Constitution of Pakistan and the Sharia laws. In accordance with Article 28, paragraph 1, of the Convention, the Government of the Islamic Republic of Pakistan hereby declares that it does not recognize the competence of the Committee provided for in Article 20. The Government of the Islamic Republic of Pakistan does not consider itself bound by Article 30, paragraph 1 of the Convention.’ The Slovak Republic considers that with the reservations to Articles 4, 6, 12, 13 and 16 the application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is made subject to the Islamic Sharia law. Moreover it considers the reservations with respect to Article 3 of the Convention as incompatible with the object and purpose of the Convention. This makes it unclear to what extent the Islamic Republic of Pakistan considers itself bound by the obligations of the Convention as to its commitment to the object and purpose of the Convention. It is in the common interest of States that all parties respect treaties to which they have chosen to become party, 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 Slovak Republic recalls that the customary international law, as codified by the Vienna Convention on the Law of Treaties, and in particular Article 19 (c), sets out that the reservation that is incompatible with the object and purpose of a treaty is not permitted. The Slovak Republic therefore objects to the reservations made by the Islamic Republic of Pakistan to 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 Slovak Republic and the Islamic Republic of Pakistan, without the Islamic Republic of Pakistan benefiting from its reservations.”

Slovakia

23 June 2011

Objection to the reservations made by Pakistan upon ratification:

“The Slovak Republic has examined the reservations made by the Islamic Republic of Pakistan upon its ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, of 10 December 1984, according to which:

‘The Government of the Islamic Republic of Pakistan declares that the provisions of Article 3 shall be so applied as to be in conformity with the provisions of its laws relating to extradition and foreigners.

The Government of the Islamic Republic of Pakistan declares that pursuant to Article 8, paragraph 2, of the Convention, it does not take this Convention as the legal basis for cooperation on extradition with other States Parties.

The Government of the Islamic Republic of Pakistan declares that the provisions of these Articles [Article 4, 6, 12, 13, and 16] shall be so applied to the extent that they are not repugnant to the Provisions of the Constitution of Pakistan and the Sharia laws.

In accordance with Article 28, paragraph 1, of the Convention, the Government of the Islamic Republic of Pakistan hereby declares that it does not recognize the competence of the Committee provided for in Article 20.

The Government of the Islamic Republic of Pakistan does not consider itself bound by Article 30, paragraph 1 of the Convention.’

The Slovak Republic considers that with the reservations to Articles 4, 6, 12, 13 and 16 the application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is made subject to the Islamic Sharia law. Moreover it considers the reservations with respect to Article 3 of the Convention as incompatible with the object and purpose of the Convention.

This makes it unclear to what extent the Islamic Republic of Pakistan considers itself bound by the obligations of the Convention as to its commitment to the object and purpose of the Convention.

It is in the common interest of States that all parties respect treaties to which they have chosen to become party, 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 Slovak Republic recalls that the customary international law, as codified by the Vienna Convention on the Law of Treaties, and in particular Article 19 (c), sets out that the reservation that is incompatible with the object and purpose of a treaty is not permitted. The Slovak Republic therefore objects to the reservations made by the Islamic Republic of Pakistan to 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 Slovak Republic and the Islamic Republic of Pakistan, without the Islamic Republic of Pakistan benefiting from its reservations.”

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.)

Slovakia

17 March 1995

"The Slovak Republic, pursuant to article 21 of the [said Convention] 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 this Convention."

"The Slovak Republic further declares, pursuant to article 22 of the Convention, that it recognizes the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."