UNTC

Objections

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


Switzerland Switzerland 28 June 2011 With regard to the reservations made by Pakistan upon ratification: Concerning the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984: “The Swiss Federal Council has examined the reservations made by the Islamic Republic of Pakistan upon its accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984, with regard to articles 3, 4, 6, 12, 13 and 16. The reservations to the articles, which refer to the provisions of domestic law and Islamic Sharia law, do not specify their scope and raise doubts about the ability of the Islamic Republic of Pakistan to honour its obligations as a party to the Convention. Article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969 prohibits any reservation that is incompatible with the object and purpose of a treaty. Consequently, the Swiss Federal Council objects to the aforesaid reservations made by the Islamic Republic of Pakistan to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984. This objection does not preclude the entry into force of the Convention between Switzerland and the Islamic Republic of Pakistan.” 1 July 2013 With regard to the reservation made by the United Arab Emirates upon accession: The Swiss Federal Council has 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 of 10 December 1984. The Council believes that the declaration related to article 1 of the Convention, insofar as it refers to the national law of the United Arab Emirates, constitutes in substance a reservation of general scope, which does not specify the extent of the derogation and is therefore incompatible with the object and purpose of the Convention. Consequently, the Swiss Federal Council objects to the reservation. This objection shall not preclude the entry into force of the Convention between Switzerland and the United Arab Emirates. 27 February 2017 With regard to the reservations made by Fiji upon ratification: The Swiss Federal Council has examined the reservations made by the Government of the Republic of Fiji upon ratification of the Convention of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The reservation made regarding the definition of torture contained in article 1 of the Convention, as well as the fact that in general it subordinates the definition of torture to the Constitution of the Republic of Fiji, constitutes a reservation of general scope that may raise doubts about the full commitment of the Republic of Fiji to the object and purpose of the Convention. The Swiss Federal Council notes that, according to article 19 (c) of the Vienna Convention of 23 May 1969 on the Law of Treaties, no reservation incompatible with the object and purpose of the Convention is permissible. It is in the common interest of States that the object and purpose of the instruments to which they choose to become parties be respected by all parties thereto, and that States be prepared to amend their legislation in order to fulfil their treaty obligations. Consequently, the Swiss Federal Council objects to the reservation made by the Republic of Fiji concerning article 1 of the Convention. This objection shall not preclude the entry into force of the Convention, in its entirety, between Switzerland and the Republic of Fiji.

Switzerland

28 June 2011

With regard to the reservations made by Pakistan upon ratification:

Concerning the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984:

“The Swiss Federal Council has examined the reservations made by the Islamic Republic of Pakistan upon its accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984, with regard to articles 3, 4, 6, 12, 13 and 16.

The reservations to the articles, which refer to the provisions of domestic law and Islamic Sharia law, do not specify their scope and raise doubts about the ability of the Islamic Republic of Pakistan to honour its obligations as a party to the Convention.

Article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969 prohibits any reservation that is incompatible with the object and purpose of a treaty.

Consequently, the Swiss Federal Council objects to the aforesaid reservations made by the Islamic Republic of Pakistan to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984.

This objection does not preclude the entry into force of the Convention between Switzerland and the Islamic Republic of Pakistan.”

1 July 2013

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

The Swiss Federal Council has 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 of 10 December 1984. The Council believes that the declaration related to article 1 of the Convention, insofar as it refers to the national law of the United Arab Emirates, constitutes in substance a reservation of general scope, which does not specify the extent of the derogation and is therefore incompatible with the object and purpose of the Convention. Consequently, the Swiss Federal Council objects to the reservation. This objection shall not preclude the entry into force of the Convention between Switzerland and the United Arab Emirates.

27 February 2017

With regard to the reservations made by Fiji upon ratification:

The Swiss Federal Council has examined the reservations made by the Government of the Republic of Fiji upon ratification of the Convention of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The reservation made regarding the definition of torture contained in article 1 of the Convention, as well as the fact that in general it subordinates the definition of torture to the Constitution of the Republic of Fiji, constitutes a reservation of general scope that may raise doubts about the full commitment of the Republic of Fiji to the object and purpose of the Convention. The Swiss Federal Council notes that, according to article 19 (c) of the Vienna Convention of 23 May 1969 on the Law of Treaties, no reservation incompatible with the object and purpose of the Convention is permissible.

It is in the common interest of States that the object and purpose of the instruments to which they choose to become parties be respected by all parties thereto, and that States be prepared to amend their legislation in order to fulfil their treaty obligations.

Consequently, the Swiss Federal Council objects to the reservation made by the Republic of Fiji concerning article 1 of the Convention. This objection shall not preclude the entry into force of the Convention, in its entirety, between Switzerland 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.)

Switzerland

(a) Pursuant to the Federal Decree of 6 October 1986 on the approval of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Federal Council declares, in accordance with article 21, paragraph 1, of the Convention, that Switzerland recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that Switzerland is not fulfilling its obligations under this Convention.

(b) Pursuant to the above-mentioned Federal Decree, the Federal Council declares, in accordance with article 22, paragraph 1, of the Convention, that Switzerland recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by Switzerland of the provisions of the Convention.