UNTC

Declarations and Reservations

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

United Kingdom of Great Britain and Northern Ireland

Upon signature:

"The United Kingdom reserves the right to formulate, upon ratifying the Convention, any reservations or interpretative declarations which it might consider necessary."

Objections

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


United Kingdom of Great Britain and Northern Ireland United Kingdom of Great Britain and Northern Ireland 28 June 2011 With regard to the reservations made by Pakistan upon ratification: “The Government of the United Kingdom of Great Britain and Northern Ireland has examined the reservations made by the Government of Pakistan to the Convention [against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment] on 23 June 2010, which read : 1. Article 3 – The Government of the Islamic Republic of Pakistan declares that provisions of Article 3 shall be so applied as to be in conformity with the provisions of its laws relating to extradition and foreigners. 2. Article 8 – 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. 3. Article 4, 6, 12, 13 and 16 – The Government of the Islamic Republic of Pakistan declares that the provisions of these Articles shall be so applied to the extent that they are not repugnant to the Provisions of the Constitution of Pakistan and the Sharia laws. 4. Article 28 – 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. 5. Article 30 – The Government of the Islamic Republic of Pakistan does not consider itself bound by Article 30, paragraph 1 of the Convention. In the view of the United Kingdom a reservation should clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. Reservations which consist of a general reference to a constitutional provision, law or system of laws without specifying their contents do not do so. The Government of the United Kingdom therefore objects to the reservations made by the Government of Pakistan to Articles 3, 4, 6, 12, 13 and 16. The United Kingdom will re-consider its position in light of any modifications or withdrawals of the reservations made by the Government of Pakistan to the Convention.” 24 September 2013 With regard to the reservation made by Lao People’s Democratic Republic upon ratification: “The Government of the United Kingdom have examined the Declaration made by the Government of the Lao People’s Democratic Republic in respect of Article 1, paragraph 1 of the Convention: ‘It is the understanding of the Government of the Lao People’s Democratic Republic that the term ‘torture’ in Article 1, paragraph1 of the Convention means torture as defined in both national law and international law.’ The Government of the United Kingdom considers that the Declaration is capable of being understood as an attempt by the Government of the Lao People’s Democratic Republic to exclude or modify the definition of torture set out in under Article 1 of the Convention. To the extent that the Declaration is intended to exclude or modify the definition of torture under Article 1 of the Convention, and is accordingly a reservation, the United Kingdom objects to the said reservation. This objection shall not preclude the entry into force of the Convention between the United Kingdom of Great Britain and Northern Ireland and the Lao People’s Democratic Republic.” 15 March 2017 WIth regard to the reservation made by Fiji upon ratification: “The United Kingdom Mission to the United Nations in New York […] wishes to lodge an objection to one of the reservations made by Fiji upon accession to the Convention against Torture and other Cruel, Inhuman and Degrading Treatment. The reservation is as follows: Reservation 'The Government of the Republic of Fiji does not recognize the definition of Torture as provided for in article 1 of the Convention therefore shall not be bound by these provisions. The definition of Torture in the Convention is only applicable to the extent as expressed in the Fijian Constitution.' The Government of the United Kingdom considers that the effect of the reservation is to exclude or modify the definition of torture, which is incompatible with the object and purpose of the treaty. Further, the Government of the United Kingdom note that a reservation which consists of a general reference to a system of law without specifying its contents does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. The Government of the United Kingdom therefore object to the aforesaid reservation.”

United Kingdom of Great Britain and Northern Ireland

28 June 2011

With regard to the reservations made by Pakistan upon ratification:

“The Government of the United Kingdom of Great Britain and Northern Ireland has examined the reservations made by the Government of Pakistan to the Convention [against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment] on 23 June 2010, which read :

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

2. Article 8 – 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.

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

4. Article 28 – 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.

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

In the view of the United Kingdom a reservation should clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. Reservations which consist of a general reference to a constitutional provision, law or system of laws without specifying their contents do not do so.

The Government of the United Kingdom therefore objects to the reservations made by the Government of Pakistan to Articles 3, 4, 6, 12, 13 and 16.

The United Kingdom will re-consider its position in light of any modifications or withdrawals of the reservations made by the Government of Pakistan to the Convention.”

24 September 2013

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

“The Government of the United Kingdom have examined the Declaration made by the Government of the Lao People’s Democratic Republic in respect of Article 1, paragraph 1 of the Convention: ‘It is the understanding of the Government of the Lao People’s Democratic Republic that the term ‘torture’ in Article 1, paragraph1 of the Convention means torture as defined in both national law and international law.’

The Government of the United Kingdom considers that the Declaration is capable of being understood as an attempt by the Government of the Lao People’s Democratic Republic to exclude or modify the definition of torture set out in under Article 1 of the Convention. To the extent that the Declaration is intended to exclude or modify the definition of torture under Article 1 of the Convention, and is accordingly a reservation, the United Kingdom objects to the said reservation.

This objection shall not preclude the entry into force of the Convention between the United Kingdom of Great Britain and Northern Ireland and the Lao People’s Democratic Republic.”

15 March 2017

WIth regard to the reservation made by Fiji upon ratification:

“The United Kingdom Mission to the United Nations in New York […] wishes to lodge an objection to one of the reservations made by Fiji upon accession to the Convention against Torture and other Cruel, Inhuman and Degrading Treatment.

The reservation is as follows:

Reservation

'The Government of the Republic of Fiji does not recognize the definition of Torture as provided for in article 1 of the Convention therefore shall not be bound by these provisions. The definition of Torture in the Convention is only applicable to the extent as expressed in the Fijian Constitution.'

The Government of the United Kingdom considers that the effect of the reservation is to exclude or modify the definition of torture, which is incompatible with the object and purpose of the treaty.

Further, the Government of the United Kingdom note that a reservation which consists of a general reference to a system of law without specifying its contents does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. The Government of the United Kingdom therefore object to the aforesaid reservation.”

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.)

United Kingdom of Great Britain and Northern Ireland

"The Government of the United Kingdom declares under article 21 of the said Convention that it recognizes the competence of the Committee Against Torture to receive and consider communications submitted by another State Party, provided that such other State Party has, not less than twelve months prior to the submission by it of a communication in regard to the United Kingdom, made a declaration under article 21 recognizing the competence of the Committee to receive and consider communications in regard to itself."