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Austria15

Declaration:

       “...

       2. Austria regards article 15 as the legal basis for the inadmissibility provided for therein of the use of statements which are established to have been made as a result of torture.”

Bahamas

Reservations:

       “The Government of the Commonwealth of The Bahamas does not recognize the competence of the Committee against Torture as provided for in Article 20 of the UNCAT.

       The Government of the Commonwealth of The Bahamas does not consider itself bound by paragraph 1 of Article 30 of the Convention.

       The Government of the Commonwealth of The Bahamas reserves the right to award compensation to torture victims referred to in Article 14 of the Convention Against Torture only at the discretion of the Supreme or Appellate Courts, or the Attorney-General of the Commonwealth of The Bahamas.”

Bahrain16

Reservations

       ...

       2. The State of Bahrain does not consider itself bound by paragraph 1 of article 30 of the Convention.

Bangladesh17

Declaration:

       “The Government of the People's Republic of Bangladesh will apply article 14 para 1 in consonance with the existing laws and legislation in the country."

Botswana

Reservation made upon signature and confirmed upon ratification:

       “The Government of the Republic of Botswana considers itself bound by Article 1 of the Convention to the extent that ‘torture’ means the torture and inhuman or degrading punishment or other treatment prohibited by Section 7 of the Constitution of the Republic of Botswana.”

Brunei Darussalam

Declaration made upon signature

       “The Government of Brunei Darussalam reserves the right to formulate and communicate, upon ratification, such reservations, interpretative understandings, and/or declarations which it might consider necessary.”

Chile20

Upon signature:

       ...

       2. The Government of Chile does not consider itself bound by the provisions of article 30, paragraph 1, of the Convention.

       3. The Government of Chile reserve the right to formulate, upon ratifying the Convention, any declarations or reservations it may deem necessary in the light of its domestic law.

Upon ratification:

       The Government of Chile declares that in its relations with American States that are Parties to the Inter-American Convention to Prevent and Punish Torture, it will apply that Convention in cases where its provisions are incompatible with those of the present Convention.

       ...

China

Reservations made upon signature and confirmed upon ratification:

       "(1) The Chinese Government does not recognize the competence of the Committee against Torture as provided for in article 20 of the Convention.

       "(2) The Chinese Government does not consider itself bound by paragraph l of article 30 of the Convention."

Cuba

Declarations:

       The Government of the Republic of Cuba deplores the fact that even after the adoption of General Assembly resolution 1514 (XV) containing the Declaration on the granting of independence to colonial countries and peoples, a provision such as paragraph 1 of article 2 was included in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

       The Government of the Republic declares, in accordance with article 28 of the Convention, that the provisions of paragraphs 1, 2 and 3 of article 20 of the Convention will have to be invoked in strict compliance with the principle of the sovereignty of States and implemented with the prior consent of the States Parties.

       In connection with the provisions of article 30 of the Convention, the Government of the Republic of Cuba is of the view that any dispute between Parties should be settled by negotiation through the diplomatic channel.

Dominica

Reservations:

       “The Government of the Commonwealth of Dominica does not recognize the competence of the Committee against Torture as provided for in Article 20 of the Convention.

       The Government of the Commonwealth of Dominica does not consider itself bound by paragraph 1 of Article 30 of the Convention.”

Ecuador

Reservation:

       Ecuador declares that, in accordance with the provisions of article 42 of its Political Constitution, it will not permit extradition of its nationals.

Equatorial Guinea

Declaration and reservation:

       First - The Government of Equatorial Guinea hereby declares that, pursuant to article 28 of this Convention, it does not recognize the competence of the Committee provided for in article 20 of the Convention.

       Second - With reference to the provisions of article 30, the Government of Equatorial Guinea does not consider itself bound by paragraph 1 thereof.

Eritrea

Reservations:

       “In accordance with Article 28 of the Convention, Eritrea declares that it does not recognize the competence of the Committee provided for it in article 20.

       The State of Eritrea does not consider itself bound by paragraph 1 of Article 30 which stipulates that all disputes concerning the interpretation or application of the Convention shall be referred to the International Court of Justice by one of the parties.”

Fiji21,22

Reservations

       “...

       The Government of the Republic of Fiji recognizes the article 14 of the Convention only to the extent that the right to award compensation to victims of an act of torture shall be subject to the determination of a Court of law.

       The Government of the Republic of Fiji does not recognize the competence of the Committee against Torture as provided for in article(s) 20, 21 and 22 of the Convention and therefore shall not be bound by these provisions.

       The Government of the Republic of Fiji does not recognize paragraph 1 of article 30 of the Convention and therefore shall not be bound by this provision.”

France

Reservation:

       The Government of France declares in accordance with article 30, paragraph 2, of the Convention, that it shall not be bound by the provisions of paragraph 1 of [article 30].

Germany3

Upon signature:

       The Government of the Federal Republic of Germany reserves the right to communicate, upon ratification, such reservations or declarations of interpretation as are deemed necessary especially with respect to the applicability of article 3.

Upon ratification:

       Article 3

       This provision prohibits the transfer of a person directly to a State where this person is exposed to a concrete danger of being subjected to torture.  In the opinion of the Federal Republic of Germany, article 3 as well as the other provisions of the Convention exclusively establish State obligations that are met by the Federal Republic of Germany in conformity with the provisions of its domestic law which is in accordance with the Convention.

Ghana

Declaration:

       “[The Government of Ghana declares] in accordance with Article 30 (2) of the said Convention that the submission under Article 30 (1) to arbitration or the International Court of Justice of disputes between State Parties relating to the interpretation or application of the said Convention shall be by the consent of ALL the Parties concerned and not by one or more of the Parties concerned.”

Guinea-Bissau

Declaration:

       1. Recognize the competence of the Committee Against Torture to receive and consider communications in which a Party claims that another Party is not fulfilling its obligations under this Convention, and

       2. Also declare that we recognize the Committee's competence to receive and consider communications from individuals or groups of individuals within our jurisdiction claiming to be victims of a violation of any of the rights contained in this Convention.

Holy See

Declaration:

       The Holy See considers the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment a valid and suitable instrument for fighting against acts that constitute a serious offence against the dignity of the human person. In recent times the Catholic Church has consistently pronounced itself in favour of unconditional respect for life itself and unequivocally condemned "whatever violates the integrity of the human person, such as mutilation, torments inflicted on body or mind, attempts to coerce the will itself" (Second Vatican Council, Pastoral Constitution Gaudium et spes, 7 December 1965).

       The law of the Church (Code of Canon Law, 1981) and its catechism (Catechism of the Catholic Church, 1987) enumerate and clearly identify forms of behaviour that can harm the bodily or mental integrity of the individual, condemn their perpetrators and call for the abolition of such acts. On 14 January 1978, Pope Paul VI, in his last address to the diplomatic corps, after referring to the torture and mistreatment practised in various countries against individuals, concluded as follows: "How could the Church fail to take up a stern stand ... with regard to torture and to similar acts of violence inflicted on the human person?" Pope John Paul II, for his part, has not failed to affirm that "torture must be called by its proper name" (message for the celebration of the World Day of Peace, 1 January 1980). He has expressed his deep compassion for the victims of torture (World Congress on Pastoral Ministry for Human Rights, Rome, 4 July 1998), and in particular for tortured women (message to the Secretary-General of the United Nations, 1 March 1993). In this spirit the Holy See wishes to lend its moral support and collaboration tothe international community, so as to contribute to the elimination of recourse to torture, which is inadmissible and inhuman.

       The Holy See, in becoming a party to the Convention on behalf of the Vatican City State, undertakes to apply it insofar as it is compatible, in practice, with the peculiar nature of that State.

Indonesia

Declaration:

       “The Government of the Republic of Indonesia declares that the provisions of paragraphs 1, 2, and 3 of article 20 of the Convention will have to be implemented in strict compliance with the principles of the sovereignty and territorial integrity of States.

Reservation:

       The Government of the Republic of Indonesia does not consider itself bound by the provision of article 30, paragraph 1, and takes the position that disputes relating to the interpretation and application of the Convention which cannot be settled through the channel provided for in paragraph 1 of the said article, may be referred to the International Court of Justice only with the consent of all parties to the disputes.”

Israel

Reservations:

       "1. In accordance with article 28 of the Convention, the State of Israel hereby declares that it does not recognize the competence of the Committee provided for in article 20.

       "2. In accordance with paragraph 2 of article 30, the State of Israel hereby declares that it does not consider itself bound by paragraph 1 of that article."

Kuwait

Reservation:

       "With reservations as to article (20) and the provision of paragraph (1) from article  (30) of the Convention."

Lao People's Democratic Republic25

Reservations:

       “The Government of the Lao People’s Democratic Republic, pursuant to Article 28 of the Convention, does not recognize the competence of the Committee against Torture under Article 20.

       The Government of the Lao People’s Democratic Republic does not consider itself bound by the provisions of Article 30, paragraph 1, to refer any dispute concerning the interpretation and application of the Convention to the International Court of Justice.”

Declarations:

       “It is the understanding of the Government of the Lao People’s Democratic Republic that the term ‘torture’ in Article 1, paragraph 1, of the Convention means torture as defined in both national law and international law.

       The Government of the Lao People’s Democratic Republic declares that, pursuant to Article 8, paragraph 2 of the Convention it makes extradition conditional on the existence of a treaty. Therefore, it does not consider the Convention as the legal basis for extradition in respect of the offences set forth therein. It further declares that bilateral agreements will be the basis for extradition as between the Lao People’s Democratic Republic and other States Parties in respect of any offences.”

Mauritania

Reservations:

       Article 20

       The Mauritanian Government does not recognize the competence granted to the Committee in article 20 of the Convention, which provides as follows:

       1. If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practiced in the territory of a State Party, the Committee shall invite that State Party to cooperate in the examination of the information and to this end to submit observations with regard to the information concerned.

       2. Taking into account any observations which may have been submitted by the State Party concerned, as well as any other relevant information available to it, the Committee may, if it decides that this is warranted, designate one or more of its members to make a confidential inquiry and to report to the Committee urgently.

       3. If an inquiry is made in accordance with paragraph 2 of this article, the Committee shall seek the cooperation of the State Party concerned. In agreement with that State Party, such an inquiry may include a visit to its territory.

       4. After examining the findings of its member or members submitted in accordance with paragraph 2 of this article, the Committee shall transmit these findings to the State Party concerned together with any comments or suggestions which seem appropriate in view of the situation.

       5. All the proceedings of the Committee referred to in paragraphs 1 to 4 of this article shall be confidential, and at all stages of the proceedings the cooperation of the State Party shall be sought. After such proceedings have been completed with regard to an inquiry made in accordance with paragraph 2, the Committee may, after consultations with the State Party concerned, decide to include a summary account of the results of the proceedings in its annual report made in accordance with article 24.

       Article 30, paragraph 1

       1. Any dispute between two or more States Parties concerning the interpretation orapplication of this Convention which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

       Pursuant to article 30, paragraph 2, of the Convention, the Government of Mauritania declares that it does not consider itself bound by paragraph 1 of this article, which provides that in the event of a dispute concerning the interpretation or application of the Convention, one of the Parties may refer the dispute to the International Court of Justice by request.

Monaco

Reservation:

       In accordance with paragraph 2 of article 30 of the Convention, the Principality of Monaco declares that it does not consider itself bound by paragraph 1 of that article.

Morocco26

Reservations made upon signature and confirmed upon ratification:

       .....

       2. In accordance with article 30, paragraph 2, the Government of the Kingdom of Morocco does not consider itself bound by paragraph 1 of the same article.

Netherlands (Kingdom of the)

Interpretative declaration with respect to article 1:

       "It is the understanding of the Government of the Kingdom of the Netherlands that the term "lawful sanctions" in article 1, paragraph 1, must be understood as referring to those sanctions which are lawful not only under national law but also under international law."

New Zealand

Reservation:

       "The Government of New Zealand reserves the right to award compensation to torture victims referred to in article 14 of the Convention Against Torture only at the discretion of the Attorney-General of New Zealand."

Oman

Reservations:

       1. The Sultanate of Oman declares that it does not recognize the competence of the Committee against Torture as set out in article 20 of the Convention.

       2. The Sultanate of Oman declares that it is not bound by the provisions of article 30, paragraph 1, of the Convention.

Pakistan27

Upon signature

Reservation:

       “The Government of the Islamic Republic of Pakistan reserves its right to attach appropriate reservations, make declarations and state its understanding in respect of various provisions of the Convention at the time of ratification.”

Reservation made upon ratification:

       “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’.

       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’.

       Article 30

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

Panama

       The Republic of Panama declares in accordance with article  30, paragraph 2 of the Convention that it does not consider itself bound by the provisions of paragraph 1 of the said article.

Poland

Upon signature:

       Under article 28, the Polish People's Republic does not consider itself bound by article 20 of the Convention.

       Furthermore, the Polish People's Republic does not consider itself bound by article 30, paragraph 1, of the Convention.

Qatar28,29

Reservations:

       “ … the State of Qatar :

       1) partially withdraws its general reservation, while keeping in effect a limited general reservation within the framework of Articles 1 and 16 of the Convention, and

       2) withdraws its reservation to the mandate of the Committee against Torture as stipulated in Articles 21 and 22 of the Convention.”

Samoa

Reservations:

       “Article 14

       ‘The Government of the Independent State of Samoa reserves the right to award compensation to torture victims or their families and the question of adequate compensation referred to in Article 14, at the discretion of the Courts of Samoa’.

       Article 20

       ‘The Government of the Independent State of Samoa does not recognise the competence of the Committee against Torture as provided for in Article 20 of the Convention’.

       Article 30

        ‘The Government of the Independent State of Samoa does not consider itself bound by paragraph 1 of Article 30 of the Convention’.”

Saudi Arabia

       Reservations:

       The Kingdom of Saudi Arabia does not recognize the jurisdiction of the Committee as provided for in article 20 of this Convention.

       The Kingdom of Saudi Arabia shall not be bound by the provisions of paragraph (1) of article 30 of this Convention.

South Africa

Declaration:

       “[The Republic of South Africa declares that] it recognises, for the purposes of article 30 of the Convention, the competence of the International Court of Justice to settle a dispute between two or more State Parties regarding the interpretation or application of the Convention, respectively."

Sudan

Declaration:

       “… the Government of the Republic of the Sudan, in accordance with article (30) paragraph (2) doesn’t consider itself bound by the provisions of the article (30) paragraph (1) of this Convention.”

Syrian Arab Republic

Declarations:

       In accordance with the provisions of article 28, paragraph 1, of the Convention, the Syrian Arab Republic does not recognize the competence of the Committee against Torture provided for in article 20 thereof;

       The accession of the Syrian Arab Republic to this Convention shall in no way signify recognition of Israel or entail entry into any dealings with Israel in the context of the provisions of this Convention.

Thailand30

Reservation:

       "The Kingdom of Thailand does not consider itself bound by Article 30, paragraph 1, of the Convention."

Togo

Upon signature:

       The Government of the Togolese Republic reserves the right to formulate, upon ratifying the Convention, any reservations or declarations which it might consider necessary.

Tunisia31

Upon ratification:

       [The Government of Tunisia] confirms that the reservations made at the time of signature of the Convention on Tunisia's behalf on 26 August 1987 have been completely withdrawn.

Türkiye

Reservation:

       "The Government of Turkey declares in accordance with article 30, paragraph 2, of the Convention, that it does not consider itself bound by the provisions of paragraph 1 of this article."

Tuvalu

Reservation

       “The Government of Tuvalu does not recognize paragraph 1 of article 30 of the Convention and therefore shall not be bound by this provision.”

United Arab Emirates

Reservations

       In accordance with paragraph 1 of article 28 of the Convention, the United Arab Emirates declares that it does not recognize the competence of the Committee against Torture referred to in article 20 of the Convention.

       In accordance with paragraph 2 of article 30 of the Convention, the United Arab Emirates does not consider itself bound by paragraph 1 of article 30 relating to arbitration in this Convention.

Declaration

        The United Arab Emirates also confirms that the lawful sanctions applicable under national law, or pain or suffering arising from or associated with or incidental to these lawful sanctions, do not fall under the concept of  “torture” defined in article 1 of this Convention or under the concept of cruel, inhuman or degrading treatment or punishment mentioned in this Convention.

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."

United States of America32

Upon signature :

Declaration:

       "The Government of the United States of America reserves the right to communicate, upon ratification, such reservations, interpretive understandings, or declarations as are deemed necessary."

Upon ratification :

Reservations:

       "I. The Senate's advice and consent is subject to the following reservations:

       (1) That the United States considers itself bound by the obligation under article 16 to prevent `cruel, inhuman or degrading treatment or punishment', only insofar as the term `cruel, inhuman or degrading treatment or punishment' means the cruel, unusual and inhumane treatment or punishment prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution of the United States.

       (2) That pursuant to article 30 (2) the United States declares that it does not consider itself bound by Article 30 (1), but reserves the right specifically to agree to follow this or any other procedure for arbitration in a particular case.

       II. The Senate's advice and consent is subject to the following understandings, which shall apply to the obligations of the United States under this Convention:

       (1) (a) That with reference to article 1, the United States understands that, in order to constitute torture, an act must be specifically intended to inflict severe physical or mental pain or suffering and that mental pain or suffering refers to prolonged mental harm caused by or resulting from (1) the intentional infliction or threatened infliction of severe physical pain or suffering; (2) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (3) the threat of imminent death; or (4) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality.

       (b) That the United States understands that the definition of torture in article 1 is intended to apply only to acts directed against persons in the offender's custody or physical control.

       (c) That with reference to article 1 of the Convention, the United States understands that `sanctions' includes judicially-imposed sanctions and other enforcement actions authorized by United States law or by judicial interpretation of such law. Nonetheless, the United States understands that a State Party could not through its domestic sanctions defeat the object and purpose of the Convention to prohibit torture.

       (d) That with reference to article 1 of the Convention, the United States understands that the term `acquiescence' requires that the public official, prior to the activity constituting torture, have awareness of such activity and thereafter breach his legal responsibility to intervene to prevent such activity.

       (e) That with reference to article 1 of the Convention, the Unites States understands that noncompliance with applicable legal procedural standards does not per se constitute torture.

       (2) That the United States understands the phrase, `where there are substantial grounds for believing that he would be in danger of being subjected to torture,' as used in article 3 of the Convention, to mean `if it is more likely than not that he would be tortured.'

       (3) That it is the understanding of the United States that article 14 requires a State Party to provide a private right of action for damages only for acts of torture committed in territory under the jurisdiction of that State Party.

       (4) That the United States understands that international law does not prohibit the death penalty, and does not consider this Convention to restrict or prohibit the United States from applying the death penalty consistent with the Fifth, Eighth and/or Fourteenth Amendments to the Constitution of the United States, including any constitutional period of confinement prior to the imposition of the death penalty.

       (5) That the United States understands that this Convention shall be implemented by the United States Government to the extent that it exercises legislative and judicial jurisdiction over the matters covered by the Convention and otherwise by the state and local governments. Accordingly, in implementing articles 10-14 and 16, the United States Government shall take measures appropriate to the Federal system to the end that the competent authorities of the constituent units of the United States of America may take appropriate measures for the fulfilment of the Convention.

       III. The Senate's advice and consent is subject to the following declarations:

       (1) That the United States declares that the provisions of articles 1 through 16 of the Convention are not self-executing.

Viet Nam

Declarations:

       “The Socialist Republic of Viet Nam declares, in accordance with article 28 paragraph 1, that it does not recognize the competence of the Committee provided for in article 20, and in accordance with article 30, paragraph 2, that it does not consider itself bound by article 30, paragraph 1.

       The Socialist Republic of Viet Nam does not consider the Convention as the direct legal basis for extradition in respect of the offences referred to in Article 4 of the Convention. Extradition shall be decided on the basis of extradition treaties to which Viet Nam is a party or the principle of reciprocity, and shall be in accordance with Vietnamese laws and regulations.”

Australia

28 June 2011

With regard to the reservations made by Pakistan upon ratification:

       “The Government of Australia has examined the reservation made by The Islamic Republic of Pakistan to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and now hereby objects to the same for and on behalf of Australia:

       The Government of Australia considers that the reservations by the Islamic Republic of Pakistan are incompatible with the object and purpose of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention).

       The Government of Australia 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 a treaty is not permitted.

       It is in the common interest of States that treaties to which they have chosen to become party 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.

       Furthermore, the Government of Australia considers that The Islamic Republic of Pakistan, through its reservations, is purporting to make the application of the Convention subject to the provisions of general domestic law in force in The Islamic Republic of Pakistan.  As a result, it is unclear to what extent The Islamic Republic of Pakistan considers itself bound by the obligations of the Convention and therefore raises concerns as to the commitment of The Islamic Republic of Pakistan to the object and purpose of the Convention.

       The Government of Australia considers that the reservations to the Convention are subject to the general principle of treaty interpretation, pursuant to Article 27 of the Vienna Convention of the Law of Treaties, according to which a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.

       For the above reasons, the Government of Australia objects to the aforesaid reservations made by The Islamic Republic of Pakistan to the Convention and expresses the hope that the Islamic Republic of Pakistan will withdraw its reservations.

       This objection shall not preclude the entry into force of the Convention between Australia and The Islamic Republic of Pakistan.”

Belgium

28 June 2011

With regard to the reservations made by Pakistan upon ratification:

       Belgium has carefully examined the reservations made by Pakistan upon accession on 23 June 2010 to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

       The vagueness and general nature of the reservations made by Pakistan with respect to Articles 3, 4, 6, 12, 13 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment may contribute to undermining the bases of international human rights treaties.

       The reservations make the implementation of the Convention’s provisions contingent upon their compatibility with the Islamic Sharia and legislation in force in Pakistan. This creates uncertainty as to which of its obligations under the Convention Pakistan intends to observe and raises doubts as to Pakistan’s respect for the object and purpose of the Convention.

       It is in the common interest for all parties to respect the treaties to which they have acceded and for States to be willing to enact such legislative amendments as may be necessary in order to fulfil their treaty obligations.

       Belgium also notes that the reservations concern fundamental provisions of the Convention.

       Consequently, Belgium considers the reservations to be incompatible with the object and purpose of that instrument.

       Belgium notes that under customary international law, as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty is not permitted (article 19 (c)).

       Furthermore, under Article 27 of the Vienna Convention on the Law of Treaties, a party may not invoke the provisions of its internal law as justification for its failure toperform a treaty.

       Consequently, Belgium objects to the reservations formulated by Pakistan with respect to Articles 3, 4, 6, 12, 13 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

       This objection shall not preclude the entry into force of the Convention between the Kingdom of Belgium and Pakistan.

23 July 2013

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

       Belgium has examined the declaration formulated by the United Arab Emirates upon its accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Government of Belgium considers that, in referring to national law in connection with article 1 of the Convention, the United Arab Emirates has formulated a reservation of general, indeterminate scope that does not define clearly for the other States parties to the Convention the extent to which the State that formulated the reservation has accepted the obligations arising from the Convention. The Government of Belgium considers that the reservation formulated by the United Arab Emirates concerning article 1 is incompatible with the object and purpose of the Convention.

       Belgium recalls that, pursuant to article 19, paragraph (c), of the Vienna Convention on the Law of Treaties, a reservation may not be formulated when it is incompatible with the object and purpose of the treaty in question. Belgium therefore objects to the declaration, while specifying that this objection shall not preclude the entry into force of the Convention between the United Arab Emirates and Belgium.

Czech Republic

20 June 2011

       “The Czech Republic believes that the reservations of Pakistan made to Articles 3, 4, 6, 8, 12, 13, and 16 of the Convention, if put into practice, would result in restriction and weakening of the universal prohibition of torture.  Such restriction or weakening is contrary to the object and purpose of the Convention.  Furthermore, Pakistan supports reservations to Articles 4, 6, 12, 13 and 16 by references to its domestic law, which is, in the opinion of the Czech Republic, unacceptable under customary international law, as codified in Article 27 of the Vienna Convention on the Law of Treaties.  Finally, the reservations to Articles 4, 6, 12, 13 and 16 that refer to the notions such as “Constitution of Pakistan” and “Sharia laws” and to Article 3 that refer to the notions such as “the provisions of its laws relating to extradition and foreigners”, without specifying its contents, do not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations under the Convention.

       It is in the common interest of 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.  According to Article 28 paragraph 2 of the Convention and according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation that is incompatible with the object and purpose of a treaty shall not be permitted.

       The Czech Republic, therefore, objects to the aforesaid reservations made by Pakistan to the Convention.   This objection shall not preclude the entry into force of the Convention between the Czech Republic and Pakistan.  The Convention enters into force in its entirety between the Czech Republic and Pakistan, without Pakistan benefiting from its reservation.”

15 July 2013

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

       “The Government of the Czech Republic has examined the declaration and reservations made by the United Arab Emirates at the time of its accession to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. The Government of the Czech Republic considers that the declaration made by the United Arab Emirates in substance constitutes a reservation limiting the scope of the Convention. The Government of the Czech Republic is of the view that the reservation, according to which ‘the lawful sanctions applicable under national law, or pain or suffering arising from or associated with or incidental to these lawful sanctions, do not fall under the concept of ‘torture’ defined in article 1 of this Convention or under the concept of cruel, inhuman or degrading treatment or punishment mentioned in this Convention’ raises serious doubt as to the commitment of the United Arab Emirates to the object and purpose of the Convention. The Government of the Czech Republic therefore considers the aforesaid reservation incompatible with the object and purpose of the Convention and objects to it.

       This objection shall not preclude the entry into force of the Convention between the United Arab Emirates and the Czech Republic. The Convention enters into force between the United Arab Emirates and the Czech Republic, without the Untied Arab Emirates benefiting from this reservation.”

25 September 2013

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

       “The Government of the Czech Republic has examined the reservations and declarations made by the Lao People's Democratic Republic on ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter as the "Convention").

       The Government of the Czech Republic is of the view that the declaration made by the Lao People's Democratic Republic with regard to the definition of torture in Article 1, paragraph 1, of the Convention is of general and vague nature and, therefore, its character and scope cannot be properly assessed. The declaration leaves open the question whether it amounts to a reservation and whether such a reservation is compatible with the object and purpose of the Convention, i.e., to what extent the Lao People's Democratic Republic commits itself to the binding definition of torture as contained in Article 1, paragraph 1, of the Convention, which forms part of the object and purpose of the Convention and cannot be excluded or modified by the definitions of torture contained in national law of the States Parties to the Convention.

       The Government of the Czech Republic wishes to recall that reservations may not be general or vague, since such reservations, without indicating in precise terms their scope, make it impossible to assess whether or not they are compatible with the object and purpose of the treaty. Therefore, the Government of the Czech Republic objects to the aforesaid declaration made by the Government of the Lao People's Democratic Republic. This objection shall not preclude the entry into force of the Convention between the Lao People's Democratic Republic and the Czech Republic, without the Lao People's Democratic Republic benefiting from its declaration.”

Finland

27 February 1996

With regard to the reservations, understandings and declarations made by the United States of America upon ratification:

       "A reservation which consists of a general reference to national law without specifying its contents does not clearly define to the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore may cast doubts about the commitment of the reserving State to fulfil its obligations under the Convention. Such a reservation is also, in the view of the Government of Finland, subject to the general principle to treaty interpretation according to which a party may not invoke the provisions of its internal law as justification for failure to perform a treaty.

       The Government of Finland therefore objects to the reservation made by the United States to article 16 of the Convention [(cf. Reservation I.(1)]. In this connection the Government of Finland would also like to refer to its objection to the reservation entered by the United States with regard to article 7 of the International Covenant on Civil and Political Rights. [For the text of the objection see under "Objections" in chapter IV.4].

13 December 1999

With regard to the declaration made by Bangladesh upon accession:

       "The Government of Finland has examined the contents of the declaration made by the Government of Bangladesh to Article 14 paragraph 1 to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and notes that the declaration constitutes a reservation as it seems to modify the obligations of Bangladesh under the said article.

       A reservation which consists of a general reference to national law without specifying its contents does not clearly define for the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore may raise doubts as to the commitment ofthe reserving state to fulfil its obligations under the Convention.  Such a reservation is also, in the view of the Government of Finland, subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.

       Therefore the Government of Finland objects to the aforesaid reservation to Article 14 paragraph 1 made by the Government of Bangladesh.  This objection does not preclude the entry into force of the Convention between Bangladesh and Finland.  The Convention will thus become operative between the two States without Bangladesh benefitting from these reservations".

16 January 2001

With regard to the reservation made by Qatar upon accession:

       "The Government of Finland has examined the context of the reservation made by the Government of Qatar regarding any interpretation incompatible with the precepts of Islamic law and the Islamic religion. The Government of Finland notes that a reservation which consists of a general reference to national law without specifying its contents does not clearly define for the other Parties to the Convention the extent to which the reserving State commits itself to the Convention and may therefore raise doubts as to the commitment of the reserving state to fulfil its obligations under the Convention.  Such a reservation, in the view of the Government of Finland, is subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.

       The Government of Finland also notes that the reservation of Qatar, being of such a general nature, raises doubts as to the full commitment of Qatar to the object and purpose of the Convention and would like to recall that, according to the Vienna Convention on the Law of the Treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

       For the above-mentioned reasons the Government of Finland objects to the reservation made by the Government of Qatar.  This objection does not preclude the entry into force of the Convention between Qatar and Finland.  The Convention will thus become operative between the two States without Qatar benefitting from this reservation."

28 June 2011

With regard to the reservations made by Pakistan upon ratification:

       “The Government of Finland welcomes the ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment by the Islamic Republic of Pakistan.  The Government of Finland has carefully examined the content of the reservations relating to Articles 3, 4, 6, 8, 12, 13, 16, 28 and 30 of the Convention made by the Islamic Republic of Pakistan upon ratification.

       The Government of Finland notes that the Islamic Republic of Pakistan reserves the right to apply the provisions of Article 3 so as to be in conformity with the provisions of its laws relating to extradition and foreigners, and the provisions of Articles 4, 6, 12, 13 and 16 to the extent that they are not repugnant to the provisions of the Constitution of Pakistan and the Sharia laws.

       The Government of Finland notes that a reservation which consists of a general reference to national law without specifying its content does not clearly define to other Parties to the Convention the extent to which the reserving States commits itself to the Convention and creates serious doubts as to the commitment of the reserving State to fulfil its obligations under the Convention.  Such reservations are, furthermore, subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.

       The reservations to Articles 3, 4, 6, 12, 13 and 16 seek to restrict essential obligations of the Islamic Republic of Pakistan under the Convention and raise serious doubts as to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Convention.  The Government of Finland wishes to recall that, according to Article 19 (c) of the Vienna Convention on the Law of Treaties and customary international law, a reservation contrary to the object and purpose of a treaty shall not be permitted.  It is in the common interest of States that treaties to which they have chosen to become parties are respected 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 Government of Finland therefore objects to the reservations made by the Islamic Republic of Pakistan in respect of 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 Islamic Republic of Pakistan and Finland.  The Convention will thus become operative between the two states without the Islamic Republic of Pakistan benefiting from its reservations.”

22 July 2013

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

       "The Government of Finland has examined the contents of the declaration made by the Government of the United Arab Emirates to Article 1 to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and notes that the declaration constitutes a reservation as it seems to modify the obligations of the United Arab Emirates under the said article.

       A reservation which consists of a general reference to national law without specifying its contents does not clearly define for the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore may raise doubts as to the commitment of the reserving State to fulfill its obligations under the Convention. Such a reservation is also, in the view of the Government of Finland, subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.

       In its present formulation, the reservation to Article 1 is incompatible with the object and purpose of the Convention. According to Article 19, paragraph (c) of the Vienna Convention on the Law of the Treaties, such reservations shall not be permitted.

       Therefore, the Government of Finland objects to the aforesaid reservation to Article 1 made by the Government of the United Arab Emirates. This objection does not preclude the entry into force of the Convention between Finland and the United Arab Emirates. The Convention will thus become operative between the two States without the United Arab Emirates benefitting from this reservation."

20 September 2013

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

       “The Government of Finland has carefully examined the contents of the declaration [made by the Lao People’s Democratic Republic relating to article 1, paragraph 1 of the Convention] and considers that it amounts to a reservation as it seems to modify the obligations of the Lao People's Democratic Republic under the said article.

       A reservation which consists of a general reference to national law without specifying its contents does not clearly define for other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore, raises doubts as to the commitment of the reserving State to fulfil its obligations under the Convention. Such a reservation is also subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.

       It is in the common interest of States that treaties to which they have chosen to become parties are respected 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 Government of Finland wishes to recall 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 treaty is not permitted. In its present formulation, the reservation to article 1, paragraph 1, is in contradiction with the object and purpose of the Convention.

       Therefore, the Government of Finland objects to the aforesaid reservation to article 1, paragraph 1, made by the Lao People's Democratic Republic. This objection does not preclude the entry into force of the Convention between Finland and the Lao People's Democratic Republic. The Convention will thus become operative between the two States without the Lao People's Democratic Republic benefitting from this reservation.”

1 March 2017

WIth regard to the reservations made by Fiji upon ratification:

       “… The Government of Finland has carefully examined the contents of the reservations made by the Republic of Fiji concerning the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

       Regarding the reservation to Article 1 of the Convention, the Government of Finland notes that reservations by which a State Party limits its responsibilities under the Convention by invoking national law may cast doubts on the commitment of the reserving State to the object and purpose of the Convention. Such reservations are also subject to the general principle of treaty law according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.

       In view of the Government of Finland, the reservation made by Fiji to Article 1 of the Convention is incompatible with the object and purpose of the Convention. According to Article 19 of the Vienna Convention on the Law of Treaties and customary international law, such reservations shall not be permitted.

       Therefore,  the Government of Finland objects to the aforesaid reservation made by the Republic of Fiji. This objection does not preclude the entry into force of the Convention between Finland and the Republic of Fiji. The Convention will thus become operative between the two States without the Republic of Fiji benefitting from the aforementioned reservation…”

Germany

23 January 2001

With regard to the reservation  made by Qatar upon accession:

       “The Government of the Federal Republic of Germany has examined the reservation to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment made by the Government of Qatar. The Government of the Federal Republic of Germany is of the view that the reservation with regard to compatibility of the rules of the Convention with the precepts of Islamic law and the Islamic religion raises doubts as to the commitment of Qatar to fulfil its obligations under the Convention.  The Government of the Federal Republic of Germany considers this reservation to be incompatible with the object and purpose of the Convention. Therefore the Government of the Federal Republic of Germany objects to the aforesaid reservation made by the Government of Qatar to the Convention.

       This objection does not preclude the entry into force of the Convention between the Federal Republic of Germany and Qatar."

28 June 2011

With regard to the reservations made by Pakistan upon ratification:

       “The Government of the Federal Republic of Germany has carefully examined the reservations made by the Islamic Republic of Pakistan on 23 June 2010 to Articles 3, 4, 6, 12, 13 and 16 of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

       The Government of the Federal Republic of Germany is of the opinion that these reservations subject the application of Articles 3, 4, 6, 12, 13 and 16, all of which are core provisions of the Convention, to a system of domestic norms without specifying the contents thereof, leaving it uncertain to which extent the Islamic Republic of Pakistan accepts to be bound by the obligations under the Convention and raising serious doubts as to its commitment to fulfil its obligations under the Convention.  The reservations therefore are considered incompatible with the object and purpose of the Convention and consequently impermissible under Art. 19 c of the Vienna Convention on the Law of Treaties.

       The Government of the Federal Republic of Germany therefore objects to the above-mentioned reservations as being incompatible with the object and purpose of the Convention.  This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the Islamic Republic of Pakistan.”

22 July 2013

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

       “The Government of the Federal Republic of Germany has carefully examined the declaration made by the United Arab Emirates upon its accession to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984.

       The Government of the Federal Republic of Germany considers that the declaration, notwithstanding its designation, amounts to a reservation, which is meant to limit the scope of application of the Convention. The Government of the Federal Republic of Germany also considers that a reservation which subjects the application of the Convention to national laws on sanctions is of a general and indeterminate nature and raises doubts as to the extent of the commitment to fulfil obligations under the Convention. According to the opinion of the Government of the Federal Republic of Germany such a reservation is incompatible with the object and purpose of the Convention. The Government of the Federal Republic of Germany therefore objects to this reservation as being impermissible.

       This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the United Arab Emirates.”

25 September 2013

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

       “The Government of the Federal Republic of Germany has carefully examined the declaration made by the Lao People’s Democratic Republic upon its ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 with respect to Article 1, paragraph 1, thereof.

       The Government of the Federal Republic of Germany considers that the declaration, notwithstanding its designation, amounts to a reservation which is meant to limit the scope of application of the Convention. A reservation which makes the application of the Convention conditional on a definition contained in national laws is of a general and indeterminate nature and raises doubts as to the extent of the State’s commitment to fulfil its obligations under the Convention. In the opinion of the Government of the Federal Republic of Germany such a reservation is incompatible with the object and purpose of the Convention.

       The Government of the Federal Republic of Germany therefore objects to this reservation as being impermissible.

       This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the Lao People’s Democratic Republic.”

16 March 2017

WIth regard to the reservation made by Fiji upon ratification:

       The Government of the Federal Republic of Germany has examined the reservation made by the Republic of Fiji upon its ratification of ... the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 with respect to Article 1 thereof.

       The Government of the Federal Republic of Germany considers that the reservation to Article 1 makes the application of the Convention conditional on a definition contained in the national Constitution. The reservation is of a general and indeterminate nature and raises doubts as to the extent of the Republic of Fiji’s commitment to fulfil its obligations under the Convention. In the opinion of the Government of the Federal Republic of Germany such a reservation is incompatible with the object and purpose of the Convention. The Government of the Federal Republic of Germany therefore objects to this reservation as being impermissible.

       This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the Republic of Fiji.

Hungary

28 June 2011

With regard to the reservations made by Pakistan upon ratification:

       “With regard to the reservations made by the Islamic Republic of Pakistan:

       The Government of the Republic of Hungary 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 Hungary 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 they are 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 Hungary 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 fails to 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 Hungary 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 [Convention] between the Republic of Hungary and the Islamic Republic of Pakistan.”

Italy

28 June 2011

With regard to the reservations made by Pakistan upon ratification:

       “The Government of Italy has examined the reservations made on 23 June 2010 by the Islamic Republic of Pakistan upon ratification of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, regarding Articles 3, 4, 6, 12, 13 and 16 of the Convention.

       The Government of Italy notes that the said articles of the Convention are being made subject to a general reservation referring to the contents of existing legislation in the Islamic Republic of Pakistan.

       The Government of Italy is of the view that, in the absence of further clarification, these reservations raise doubts as to the commitment of the Islamic Republic of Pakistan as to the object and purpose of the Convention and would like to recall that, according to customary international law as codified by the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted.  It is in the common interest of 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 Italy, therefore, 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.

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

23 September 2013

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

       “The Government of Italy has examined the reservations and declarations formulated by the Lao People’s Democratic Republic upon ratification of the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment.

       The Government of Italy considers that the declaration formulated by the Lao People’s Democratic Republic regarding Article 1, paragraph 1, of the above Convention constitutes in substance a reservation limiting the scope of the Convention to the extent that with this reservation the application of the Convention is made subject to national legislation in force in the Lao People’s Democratic Republic.

       The Government of Italy considers that reservations of this kind must be regarded as incompatible with the object and purpose of the Convention and would like to recall that according to Article 19 (c) of the Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of a treaty shall not be permitted.

       For these reasons the Government of Italy objects to the above mentioned reservation formulated by the Lao People’s Democratic Republic.

       This objection shall not preclude the entry into force of the Convention between Italy and the Lao People’s Democratic Republic.”

Luxembourg

6 April 2000

With regard to the reservation  made by Qatar upon accession:

       The Government of the Grand Duchy of Luxembourg has examined the reservation made by the Government of the State of Qatar to [the Convention]  regarding any interpretation incompatible with the precepts of Islamic law and the Islamic religion.

       The Government of the Grand Duchy of Luxembourg considers that this reservation, by referring in a general way to both Islamic law and the Islamic religion without specifying their content, raises doubts among other States Parties about the degree to which the State of Qatar is committed to the observance of the Convention. The Government of the Grand Duchy of Luxembourg believes that the aforementioned reservation of the Government of the State of Qatar is incompatible with the objective and purpose of the Convention, because it refers to it as a whole and seriously limits or even excludes its application on a poorly defined basis, as in the case of the global reference to Islamic law.

       Consequently, the Government of the Grand Duchy of Luxembourg objects to the aforementioned reservation made by the Government of the State of Qatar to [the Convention]. This objection does not prevent the entry into force of the Convention between the Grand Duchy of Luxembourg and the State of Qatar.

Norway

18 January 2001

With regard to the reservation  made by Qatar upon accession:

       "It is the Government of Norway's position that paragraph (a) of the reservation, due to its unlimited scope and undefined character, is contrary to the object and purpose of the Convention, and thus impermissible according to well established treaty law.  The Government of Norway therefore objects to paragraph (a) of the reservation.

       This objection does not preclude the entry into force in its entirety of the Convention between the Kingdom of Norway and Qatar.  The Convention thus becomes operative between Norway and Qatar without Qatar benefitting from the said reservation."

4 October 2001

With regard to the reservation made by Botswana upon ratification:

       "The Government of Norway has examined the contents of the reservation made by the Government of the Republic of Botswana upon ratification of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

       The reservation's reference to the national Constitution without further description of its contents, exempts the other States Parties to the Convention from the possibility of assessing the effects of the reservation.  In addition, as the reservation concerns one of the core provisions of the Convention, it is the position of the Government of Norway that the reservation is contrary to the object and purpose of the Convention.  Norway therefore objects to the reservation made by the Government of Botswana.

       This objection does not preclude the entry into force in its entirety of the Convention between the Kingdom of Norway and the Republic of Botswana.  The Convention thus becomes operative between Norway and Botswana without Botswana benefiting from the said reservation."

29 June 2011

With regard to the reservations made by Pakistan upon ratification:

       “The Government of Norway 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.  The Government of Norway considers that the reservations with regard to articles 3, 4, 6, 12, 13 and 16 of the Convention are so extensive as to be contrary to its object and purpose.  The Government of Norway therefore objects to the said reservations made by the Islamic Republic of Pakistan.  This objection does not preclude the entry into force in its entirety of the Convention between the Kingdom of Norway and the Islamic Republic of Pakistan.  The Convention thus becomes operative between the Kingdom of Norway and the Islamic Republic of Pakistan without the Islamic Republic of Pakistan benefiting from the aforesaid reservations.”

24 July 2013

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

       “The Government of Norway is of the view that this declaration in substance constitutes a general reservation aimed at limiting the scope of the Convention with reference to national law, without identifying the provisions in question. It is the understanding of the Government of Norway that the term ‘lawful sanctions’ in article 1, paragraph 1 of the Convention must be understood as referring to sanctions which are lawful not only under national law but also under international law. The Government of Norway accordingly considers that the reservation casts serious doubts on the commitment of the United Arab Emirates to the object and purpose of the Convention and therefore objects to the said reservation.

       This objection does not preclude the entry into force of the Convention between the Kingdom of Norway and the United Arab Emirates. The Convention thus becomes operative between the Kingdom of Norway and the United Arab Emirates without the United Arab Emirates benefiting from the aforesaid reservation.”

13 March 2017

With regard to the reservation made by Fiji upon ratification:

       “The Government of Norway has examined the reservation made by the Government of the Republic of Fiji in relation to article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in which the Government of the Republic of Fiji declares: ‘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.’

       By declaring itself not bound by an essential provision of the Convention and invoking general reference to the national Constitution without further description of its content, the Republic of Fiji exempts the other States Parties to the Convention from the possibility of assessing the full effects of the reservation. The Government of Norway is of the view that the reservation casts doubts as to the full commitment of the Government of the Republic of Fiji to the object and purpose of the Convention. Furthermore, such a reservation may contribute to undermining the basis of international treaty law.

       It is in the common interest of States that treaties to which they have chosen to become Parties are respected, as to their object and purpose, by all Parties. The Government of Norway therefore objects to the aforesaid reservation.

       This objection shall not preclude the entry into force of the Convention between the Kingdom of Norway and the Republic of Fiji. The Convention thus becomes operative between the Kingdom of Norway and the Republic of Fiji without the Republic of Fiji benefiting from the aforesaid reservation.”

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.”

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.”

Sweden

27 February 1996

With regard to the reservations, understandings and declarations made by the United States of America upon ratification:

       "The Government of Sweden would like to refer to its objections to the reservations entered by the United States of America with regard to article 7 of the International Covenant on Civil and Political Rights.  [For the text of the objections see under "Objections" in chapter IV.4] . The same reasons for objection apply to the now entered reservation with regard to article 16 reservation I (1) of [the Convention]. The Government of Sweden therefore objects to that reservation.

       It is the view of the Government of Sweden that the understandings expressed by the United States of America do not relieve the United States of America as a party to the Convention from the responsibility to fulfil the obligations undertaken therein."

14 December 1999

With regard to the declaration to article 14 (1) made by Bangladesh upon accession:

       “In this context the Government of Sweden would like to recall, that under well-established international treaty law, the name assigned to a statement whereby the legal effect of certain provisions of a treaty is excluded or modified, does not determine its status as a reservation to the treaty.  Thus, the Government of Sweden considers that the declaration made by the Government of Bangladesh, in the absence of further clarification, in substance constitutes a reservation to the Convention.

       The Government of Sweden notes that the said declaration imply that the said article of the Convention is being made subject to a general reservation referring to the contents of existing laws and regulations in the country.

       The Government of Sweden is of the view that this declaration raises doubts as to the commitment of Bangladesh to the object and purpose of the Convention and would recall that, according to well-established international law, a resertion incompatible with the object and purpose of a treaty shall not be permitted.

       It is in the common interest of 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 these treaties.

       The Government of Sweden therefore objects to the aforesaid declaration made by the Government of Bangladesh to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

27 April 2000

With regard to the reservations made by the Qatar upon accession:

       "The Government of Sweden has examined the reservations made by the Government of Qatar at the time of its accession to the [Convention], as to the competence of the committee and to any interpretation of the provisions of the Convention that is incompatible with the precepts of Islamic laws and the Islamic religion.

       The Government of Sweden is of the view that as regards the latter, this general reservation, which does not clearly specify the provisions of the Convention to which it applies and the extent of the derogation therefrom, raises doubts as to the commitment of Qatar to the object and purpose of the Convention.

       It is in the common interest of States that treaties to which they have chosen to become parties are respected 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.

       According to customary 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 Sweden therefore objects to the aforesaid general reservation made by the Government of Qatar to the [Convention].

       This shall not preclude the entry into force of the Convention between the State of Qatarand the Kingdom of Sweden, without Qatar benefiting from the said reservation".

2 October 2001

With regard to the reservation made by the Botswana upon ratification:

       "The Government of Sweden has examined the reservation made by Botswana upon ratification of the 1984 Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, regarding article 1 of the Convention.

       The Government of Sweden notes that the said article of the Convention is being made subject to a general reservation referring to the contents of existing legislation in Botswana.  Article 1.2 of the Convention states that the definition of torture in article 1.1 is "without prejudice to any international instrument or national legislation which does or may contain provisions of wider application".

       The Government of Sweden is of the view that this reservation, in the absence of further clarification, raises doubts as to the commitment of Botswana to the object and purpose of the Convention. The government of Sweden would like to recall 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 a treaty shall not be permitted.

       It is in the common interest of 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 Sweden therefore objects to the aforesaid reservation made by the Government of Botswana to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

       This objection shall not preclude the entry into force of the Convention between Botswana and Sweden.  The Convention enters into force in its entirety between the two States, without Botswana benefiting from its reservation."

29 September 2008

       With regard to the interpretative declaration made by Thailand upon accession:

       “The Government of Sweden recalls that the designation assigned to a statement does not determine whether or not it constitutes a reservation to a treaty. If the legal effect of certain provisions of a treaty is excluded or modified by an interpretative declaration, this in fact amounts to a reservation.

       Since the application of a number of provisions of the Convention have been made subject to provisions of the Thai Penal Code it is unclear to what extent the Kingdom of Thailand considers itself bound by the obligations of the treaty. This in turn raises doubts as to the commitment of the Kingdom of Thailand to the object and purpose of the Convention. This applies in particular to the declaration

       made under Article 1 of the Convention which contains a clear and generally recognized definition of the concept of torture.

       The Government of Sweden therefore objects to the aforesaid reservation made by the Kingdom of Thailand to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

       This objection shall not precludethe entry into force of the Convention between the Kingdom of Thailand and Sweden, without the Kingdom of Thailand benefiting from its reservation.”

22 June 2011

With regard to the reservations made by Pakistan upon ratification:

       “The Government of Sweden is of the view that these reservations raise serious doubt as to the commitment of the Islamic Republic of Pakistan 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.

       The Government of Sweden would like to recall 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 a treaty shall not be permitted.  It is in the common interest of 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 Sweden therefore 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.

       This objection shall not preclude the entry into force of the Convention between Pakistan and Sweden.  The Convention enters into force in its entirety between the two States, without Pakistan benefiting from these reservations.”

7 March 2013

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

       “The Government of Sweden has examined the declaration and reservations made by the United Arab Emirates at the time of its accession to the Convention.

       The Government of Sweden recalls that the designation assigned to a statement whereby the legal effect of certain provisions of a treaty is excluded or modified does not determine its status as a reservation to the treaty. The Government of Sweden considers that the declaration made by the United Arab Emirates in substance constitutes a reservation limiting the scope of the Convention.

       The Government of Sweden notes that the reservation, according to which ‘the lawful sanctions applicable under national law, or pain or suffering arising from or associated with or incidental to these lawful sanctions, do not fall under the concept of ‘torture’ defined in article 1 of this Convention or under the concept of cruel, inhuman or degrading treatment or punishment mentioned in this Convention’, implies that the application of the Convention is made subject to a general reservation referring to existing legislation in the United Arab Emirates. The Government of Sweden is of the view that such a reservation, which does not clearly specify the extent of its scope, raises serious doubt as to the commitment of the United Arab Emirates to the object and purpose of the Convention.

       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 a treaty shall not be permitted. It is in the common interest of 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 Sweden therefore objects to the aforesaid reservation made by the United Arab Emirates to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and considers this reservation null and void. This objection shall not preclude the entry into force of the Convention between the United Arab Emirates and Sweden. The Convention enters into force between the United Arab Emirates and Sweden, without the United Arab Emirates benefiting from this reservation.”

23 September 2013

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

       “The Government of Sweden recalls that the designation assigned to a statement whereby the legal effect of certain provisions of a treaty is excluded or modified does not determine its status as a reservation to the treaty. The Government of Sweden considers that the declaration made by the Lao People's Democratic Republic, according to which the term 'torture' in Article 1 paragraph 1 of the Convention shall mean torture as defined in both national law and international law, in substance constitutes a reservation modifying the scope of the Convention.

       The Government of Sweden notes that this reservation implies that the application of the Convention is made subject to a general reservation referring to existing legislation in the Lao People's Democratic Republic. The Government of Sweden is of the view that such a reservation, which does not clearly specify the extent of the derogation, raises serious doubt as to the commitment of the Lao People's Democratic Republic to the object and purpose of the Convention.

       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 a treaty shall not be permitted. It is in the common interest of 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 Sweden therefore objects to the aforesaid reservation made by the Lao People's Democratic Republic to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and considers the reservation null and void.

       This objection shall not preclude the entry into force of the Convention between the Lao People's Democratic Republic and Sweden. The Convention enters into force in its entirety between the Lao People's Democratic Republic and Sweden, without the Lao People's Democratic Republic benefiting from its reservation.”

26 October 2016

With regard to the reservations made by Fiji upon ratification:

       “The Government of Sweden has examined the contents of the reservation made by the Republic of Fiji in relation to article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Republic of Fiji expresses that ‘[t]he 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’.

       As regards the reservation to the definition of torture provided for in article 1 of the Convention, Sweden would like to state the following.

       Reservations by which a State Party limits its responsibilities under the Convention by not considering itself bound by certain articles and by invoking general references to national law may cast doubts on the commitments of the reserving state to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law.

       It is in the common interest of states that treaties to which they have chosen to become parties also are respected, as to object and purpose, by all parties. The Government of Sweden therefore objects to the aforementioned reservation.

       This objection shall not preclude the entry into force of the Convention between Sweden and the Republic of Fiji, without the Republic of Fiji benefitting from its aforementioned 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.”

Algeria

Article 21

       The Algerian Government declares, pursuant to article 21 of the Convention, that it 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.

Article 22

       The Algerian Government declares, pursuant to article 22 of the Convention, that it 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 a State Party of the provisions of the Convention.

Argentina

       The Argentine Republic 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.  It also 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 a State Party of the provisions of the Convention.

Austria

       "Austria 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.

       "Austria recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to Austrian jurisdiction who claim to be victims of a violation of the provisions of the Convention."

Belgium

       In accordance with article 21, paragraph 1, of the Convention, Belgium declares that it 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 the Convention."

       In accordance with article 22, paragraph 1, of the Convention, Belgium declares that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.

Bosnia and Herzegovina

4 June 2003

       “The State of Bosnia and Herzegovina...., accepts without reservations the competence of the Committee Against Torture [in accordance with article 22].”

Bulgaria

12 May 1993

       "The Republic of Bulgaria declares that in accordance with article 21 (2) of the Convention it 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 Republic of Bulgaria declares that in accordance with article 22 (1) of the Convention it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of this Convention."

Cameroon

12 October 2000

       [The Republic of Cameroon declares], that [it] recognizes the competence of the Committee against Torture to receive and consider communications from a State Party claiming that the Republic of Cameroon is not fulfilling its obligations under the Convention. However, such communications will not be receivable unless they refer to situations and facts subsequent to this declaration and emanate from a State Party which has made a similar declaration indicating its reciprocal acceptance of the competence of the Committee with regard to itself at least twelve (12) months before submitting its communication.  [The Republic of Cameroon also declares] that it recognizes, in the case of situations and facts subsequent to this declaration, the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.

Chile

15 March 2004

       By virtue of the powers vested in me by the Constitution of the Republic of Chile, I should like to declare that the Government of Chile recognizes the competence of the Committee against Torture established pursuant to article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations in resolution 39/46 of 10 December 1984, with respect to acts of which the commencement of execution is subsequent to the  communication of this declaration by the Republic of Chile to the Secretary-General of the United Nations

       (a) To receive and consider communications to the effect that a State party claims that the State of Chile is not fulfilling its obligations under the Convention, in accordance with article 21 thereof; and

       (b) To receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by the State of Chile of the provisions of the Convention, in accordance with article 22 thereof.

Made upon succession:

       "[The] Republic of Croatia . . . accepts the competence of the Committee in accordance with articles 21 and 22 of the said Convention."

Czech Republic

3 September 1996

       The Czech Republic declares that in accordance with article 21, paragraph 1, of the Convention that it recognizes the competence of the Committee 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 Czech Republic declares, in accordance with article 22, paragraph 1, of the Convention, it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals within its jurisdiction who claim to be victims of violation by a State Party of the provisions of the Convention.

Ecuador

6 September 1988

       The Ecuadorian State, pursuant to article 21 of the International Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 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 the Convention; it also recognizes in regard to itself the competence of the Committee, in accordance with article 21.

       It further declares, in accordance with the provisions of article 22 of the Convention, that it 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 a State Party of the provisions of the Convention.

France

23 June 1988

       The Government of France declares [. . .] that it 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 the Convention.

       The Government of France declares [. . .] that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.

Germany

19 October 2001

       In accordance with article 21 (1) of the Convention, the Federal Republic of Germany declares that it 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 the Convention. In accordance with article 22 (1) of the Convention, the Federal Republic of Germany declares that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by the Federal Republic of Germany of the provisions of the Convention.

Greece

Article 21

       The Hellenic Republic declares, pursuant to article 21, paragraph 1, of the Convention, that it 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 the Convention.

Article 22

       The Hellenic Republic declares, pursuant to article 22, paragraph 1, of the Convention, that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claims to be victims of a violation by a State Party of the provisions of the Convention.

Guinea-Bissau

       1.  Recognize the competence of the Committee Against Torture to receive and consider communications in which a Party claims that another Party is not fulfilling its obligations under this Convention, and

       2.  Also declare that we recognize the Committee's competence to receive and consider communications from individuals or groups of individuals within our jurisdiction claiming to be victims of a violation of any of the rights contained in this Convention.

Hungary

13 September 1989

       [The Government of Hungary] recognizes the competence of the Committee against Torture provided for in articles 21 and 22 of the Convention.

Ireland

11 April 2002

       "Ireland declares, in accordance with article 21 of the Convention, that it 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.

       Ireland declares, in accordance with article 22 of the Convention, that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."

Japan

       “The Government of Japan declares under article 21 of the Convention that it 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.”

Liechtenstein

       The Principality of Liechtenstein recognizes, in accordance with article 21, paragraph 1, of the Convention, 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 Principality of Liechtenstein recognizes in accordance with article 22, paragraph 1, the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.

Maldives

26 December 2019

       “The Government of the Republic of Maldives hereby declares that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to the jurisdiction of the Republic of Maldives, who claim to be victims of violations by a State Party of the provisions of the aforesaid Convention.”

Mexico

15 March 2002

       The United Mexican States recognizes as duly binding the competence of the Committee against Torture, established by article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 10 December 1984.

       Pursuant to Article 22 of the Convention, the United Mexican States declares that it 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 a State Party of  the provisions of the Convention.

Confirmed upon succession:

       "Yugoslavia recognizes, in compliance with article 21, paragraph 1 of the Convention, the competence of the Committee against Torture to receive and consider communications in which one State Party to the Convention claims that another State Party does not fulfil the obligations pursuant to the Convention;

       "Yugoslavia recognizes, in conformity with article 22, paragraph 1 of the Convention, the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."

"With respect to article 21:

       The Government of the Kingdom of the Netherlands hereby declares that it recognizes the competence of the Committee against Torture under the conditions laid down in article 21, to receive and consider communications to the effect that another State Party claims that the Kingdom is not fulfilling its obligations under this Convention;

"With respect to article 22:

       The Government of the Kingdom of the Netherlands hereby declares that it recognizes the competence of the Committee against Torture, under the conditions laid down in article 22, to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by the Kingdom of the provisions of the Convention."

Norway

       "Norway recognizes the competence of the Committee 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.

       "Norway 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 a State Party of the provisions of the Convention."

Peru

       The Republic of Peru recognizes, in accordance with Article 21 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 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 the said Convention.

       Likewise, the Republic of Peru recognizes, in accordance with the provisions of Article 22 of the above-mentioned Convention, the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.

Portugal

"Article 21

       Portugal hereby declares, in accordance with article 21, paragraph 1, of the Convention, that it recognizes the competence of the Committee Against Torture to receive and consider communications to the effect that the State Party claims that another State Party is not fulfilling its obligations under this Convention.

"Article 22

       Portugal hereby declares, in accordance with article 22, paragraph 1 of the Convention, that it recognizes the competence of the Committee Against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of violation by State Party of the provisions of the Convention."

Republic of Moldova

2 September 2011

Article 21

       “In accordance with article 21, paragraph 1, of the Convention, the Republic of Moldova 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.”

Article 22

       “In accordance with article 22, paragraph 1, of the Convention, the Republic of Moldova recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.”

San Marino

4 August 2015

Article 21

       “The Republic of San Marino hereby declares, in accordance with article 21, paragraph 1, of the Convention, that it 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 the Convention…”

4 August 2015

       Article 22

       “… The Republic of San Marino hereby declares, in accordance with article 22, paragraph 1, of the Convention, that it recognizes the competence of the Committee against torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of violations by a State Party of the provisions of the Convention.”

Confirmed upon succession:

       "Yugoslavia recognizes, in compliance with article 21, paragraph 1 of the Convention, the competence of the Committee against Torture to receive and consider communications in which one State Party to the Convention claims that another State Party does not fulfil the obligations pursuant to the Convention;

       "Yugoslavia recognizes, in conformity with article 22, paragraph 1 of the Convention, the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention."

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."

       "The Republic of  declares that:

       (a) it recognises, for the purposes of article 21 of the Convention, the competence of the Committee Against Torture to receive and consider communications that a State Party claims that another State Party is not fulfilling its obligations under the Convention;

       (b) it recognises, for the purposes of article 22 of the Convention, the competence of the Committee Against Torture to receive and consider communications from, or on behalf of individuals who claim to be victims of torture by a State Party.

Sri Lanka

16 August 2016

       “The Government of the Democratic Socialist Republic of Sri Lanka declares, pursuant to Article 22 of the Convention against Torture, that it 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 Sri Lanka of the provisions of the Convention.”

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.

Tunisia

       [The Government of Tunisia] declares that it recognizes the competence of the Committee Against Torture provided for in article 17 of the Convention to receive communications pursuant to articles 21 and 22, thereby withdrawing any reservation made on Tunisia's behalf in this connection.

Uganda

19 December 2001

       "In accordance with Article 21 of the Convention, the Government of the Republic of Uganda declares 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 made a declaration under Article 21 recognizing the competence of the Committee to receive and consider communications in regard to itself."

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."

Uruguay

27 July 1988

       The Government of Uruguay recognizes the competence of the Committee Against Torture to receive and consider communications referring to the said articles [21 and 22].