S.I. No. 173/2002 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2002

WHEREAS by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on the 10th day of December, 1984 (referred to subsequently in these recitals as the “Convention against Torture”, and the terms of which are set out in Part A of Schedule 7A of the Extradition Act, 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3 (h) and Part A of Schedule 2 of this Order) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for the offences specified in Article 4 thereof;

AND WHEREAS the Convention against Torture was ratified on behalf of the State on the 11^th day of April 2002, and the declarations specified in Part B of the said Schedule 7A were made on behalf of the State;

AND WHEREAS the Convention against Torture has also been ratified, or acceded to, by the countries specified in that regard in the Table to Schedule 10 of the Extradition Act, 1965 (Application of Part II) Order, 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3 (k) and Schedule 4 of this Order) subject to the reservations entered and declarations made by certain of the countries concerned specified in Part C of the said Schedule 7A;

AND WHEREAS by the Convention on the Safety of United Nations and Associated Personnel done at New York on the 9th day of December, 1994 (referred to subsequently in these recitals as the “Convention on the Safety of UN Personnel”, and the terms of which are set out in Part A of Schedule 7B of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 3 (i) and Part A of Schedule 3 of this Order)) to which the State is a party, an arrangement was made with other countries that are parties to that Convention for the surrender of persons wanted for prosecution or punishment for offences specified in Article 9 thereof;

AND WHEREAS the Convention on the Safety of UN Personnel was acceded to on behalf of the State on the 28th day of March 2002;

AND WHEREAS the Convention on the Safety of UN Personnel has also been ratified or acceded to by the countries specified in that regard in the said Table, subject to the reservations entered and declarations made by certain of those countries concerned specified in Part B of the said Schedule 7B;

AND WHEREAS certain additional reservations have been entered to the Paris Convention the Hague Convention, the Montreal Convention, the Nuclear Material Convention, the Drug Trafficking Convention and the Anti-Terrorism Convention since the making of the Extradition Act, 1965 (Application of Part II) Order, 2000 ( S.I. No. 474 of 2000 ), the texts of which are set out in Schedules 1, 2, 3, 5, 6 and 7 of that order as amended by Schedule 1 of this Order;

AND WHEREAS certain additional declarations have been made in relation to the Paris Convention, the Hague Convention, the Montreal Convention, the Nuclear Material Convention, the Drug Trafficking Convention and the Anti-Terrorism Convention since the making of the Extradition Act, 1965 (Application of Part II) Order, 2000 ( S.I. No. 474 of 2000 ), the texts of which are set out in Schedules 1, 2, 3, 5, 6 and 7 of that order as amended by Schedule 1 of this Order;

NOW the Government, in exercise of the powers conferred on them by section 8 of the Extradition Act, 1965 (No. 17 of 1965), hereby make the following order:

1.         (1)        This Order may be cited as the Extradition Act, 1965 (Application of Part II (Amendment) Order 2002.

(2)        This Order shall come into operation on 18 April 2002.

2.         In this Order the “Principal Order” means the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 )

3.         The Principal Order is hereby amended by -

(a)        the substitution of -

(i)        “Schedule 1” for “First Schedule” in each place that it occurs,

(ii)       “Schedule 2” for “Second Schedule” in each place that it occurs,

(iii)      “Schedule 3” for “Third Schedule” in each place that it occurs,

(iv)       “Schedule 4” for “Fourth Schedule” in each place that it occurs,

(v)        “Schedule 5” for “Fifth Schedule” in each place that it occurs,

(vi)       “Schedule 6” for “Sixth Schedule” in each place that it occurs,

(vii)      “Schedule 7” for “Seventh Schedule” in each place that it occurs,

(viii)     “Schedule 8” for “Eight Schedule” in each place that it occurs,

(ix)       “Schedule 9” for “Ninth Schedule” in each place that it occurs,

(x)        “Schedule 10” for “Tenth Schedule” in each place that it occurs,

and the substitution in each such Schedule of -

(I)        “Part A” for “Part I” if it so occurs,

(II)       “Part B” for “Part II” if it so occurs, and

(III)      “Part C” for “Part III” if it so occurs,

and references in the Principal Order to a Part of any such Schedule shall be construed accordingly,

(b)        the insertion in Part C of Schedule 1 of the reservations and declarations specified in Part A of Schedule 1 of this Order,

(c)        the insertion in Part B of Schedule 2 of the reservations and declarations specified in Part B of Schedule 1 of this Order,

(d)        the insertion in Part B of Schedule 3 of the reservations and declarations specified in Part C of Schedule 1 of this Order,

(e)        the insertion in Part B of Schedule 5 of the reservations and declarations specified in Part D of Schedule 1 of this Order,

(f)         the insertion in Part B of Schedule 6 of the reservations and declarations specified in Part E of Schedule 1 of this Order,

(g)        the insertion in Part B of Schedule 7 of the reservations and declarations specified in Part F of Schedule 1 of this Order,

(h)        the insertion of the Schedule set out in Schedule 2 of this Order,

(i)         the insertion of the Schedule set out in Schedule 3 of this Order,

(j)         the insertion in paragraph 1(1) of Schedule 10 of the following definitions:

“ ‘Convention against Torture’ means the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on the 10th day of December, 1984;

‘Convention on the Safety of UN Personnel’ means the Convention on the Safety of United Nations and Associated Personnel done at New York on the 9th day of December 1994;”, and

(k)        the substitution in Schedule 10 of the Table set out in Schedule 4 to this Order for the Table set out in Schedule 10.

SCHEDULE 1

PART A

“Armenia :

Reservation contained in the instrument of ratification deposited on 25 January 2002:

In respect of Article 1 of the Convention, the Republic of Armenia reserves the right to refuse to grant extradition:

a. if the person to be extradited will be brought before an extraordinary court or in respect of the person who is to serve a sentence passed by such a court;

b. if there are sufficient grounds to suppose that in result of the person's state of health and age her/his extradition will be injurious to her/his health or threaten her/his life;

c. if political asylum is granted in the Republic of Armenia to the person, whose extradition is requested.

Reservation contained in the instrument of ratification deposited on 25 January 2002:

The Republic of Armenia declares that the extradition for the serving of a sentence provided in Article 2, paragraph 1 of the Convention, will be granted if the person, whose extradition is requested, has been convicted for a period of at least six months or a more severe penalty.

Declaration contained in the instrument of ratification deposited on 25 January 2002:

As the legislation of the Republic of Armenia does not define the notion of “political offence” or that of “offence connected with a political offence”, the Republic of Armenia, being requested for extradition on such grounds, will grant extradition if the offence mentioned in the request is considered as such under its ordinary criminal law or under the International Treaties in force in the Republic of Armenia.

Declaration contained in the instrument of ratification deposited on 25 January 2002:

As all military offences are under the ordinary criminal law of the Republic of Armenia, extradition requested by another Party will begranted if the offence in respect of which the request for the extradition is made, is also under ordinary criminal law of the requesting Party.

Declaration contained in the instrument of ratification deposited on 25 January 2002:

Pursuant to sub-paragraph a of paragraph 1 of Article 6, the Republic of Armenia declares that it will not extradite its nationals.

Pursuant to sub-paragraph c of paragraph 1 of Article 6, nationality of the Republic of Armenia within the meaning of this Convention shall be determined at the time of the decision concerning extradition.

Declaration contained in the instrument of ratification deposited on 25 January 2002:

Provisional arrest, provided in paragraph 4 of Article 16, will be terminated in any case, if, within a period of one month after arrest, the requested Party has not received the request for extradition and the documents mentioned in Article 12.

Declaration contained in the instrument of ratification deposited on 25 January 2002:

The Republic of Armenia declares that the request for extradition and documents to be produced shall be accompanied by a certified translation into the Armenian language or into one of the official languages of the Council of Europe.

Georgia:

Reservation contained in the instrument of ratification, deposited on 15 June 2001:

Extradition shall be granted only under the condition that any person, national stateless person or alien suspected of having committed a crime will not be tried in a special court of the requesting Party or that his or her extradition is not requested to carry out a sentence or detention order issued by such court.

Georgia reserves the right to refuse the extradition of any person on humanitarian grounds, if the extradition would adversely affect the state of this person.

Georgia declares that it will not grant the extradition of any person in respect of offences punishable by death under the law of the requesting Party.

Declarations contained in the instrument of ratification, deposited on 15 June 2001:

For the purposes of this Convention, the Government of Georgia reserves the right to decide on the extradition of its nationals on the basis of reciprocity and to refuse their extradition on the grounds of public morality, public policy and State security

In respect of Article 6, paragraph 1 b, the term “national” within the meaning of the Convention will be applied as it is determined by the legislation of Georgia.

Declarations contained in the instrument of ratification, deposited on 15 June 2001:

In a case of transit under Article 21 of the Convention, Article 11 of the Convention will be applied mutatis mutandis.

In respect of Article 21 of the Convention, Georgia reserves the right not to grant transit under the same conditions on which it grants extradition.

Declaration contained in the instrument of ratification, deposited on 15 June 2001:

In respect of Article 23 of the Convention, where the request for extradition and the documents to be produced are not in Georgian language, they must be accompanied by a translation of the request and the documents into English or Russian languages.

Declaration contained in the instrument of ratification, deposited on 15 June 2001:

Georgia will not be responsible for the application of the provisions of the Convention on the territories of Abkhazia and Tskhinvali region until the full jurisdiction of Georgia is restored over these territories.”

PART B

“Cuba:

Reservation made with respect to paragraph 1 of Article 12 of the Convention.”

PART C

“Cuba:

Reservation made with respect to paragraph 1 of Article 14 of the Convention.”

PART D

“Austria:

[Objection to the declaration of Pakistan - received on 12 October 2001]

“Austria has carefully examined the declaration made by the Government of the Islamic Republic of Pakistan at the time of its accession to the Convention on the Physical Protection of Nuclear Material, regarding article 2, paragraph 2.

Austria objects to the aforesaid declaration by the Government of the Islamic Republic of Pakistan to the Convention on the Physical Protection of Nuclear Material which raises doubts with regard to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Convention.

Although the declaration made by the Government of the Islamic Republic of Pakistan refers to the area “beyond the scope of the said Convention” the purpose of that declaration could be interpreted as if it also related to obligations within the framework of that Convention, such as obligations to make the offences described in article 7 of the Convention punishable under its national law or to cooperate with other States Parties in the field of criminal prosecution. Such interpretation would be incompatible with the object and purpose of the Convention.

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

Belgium:

[Objection to the declaration of Pakistan - received on 16 October 2001]

“...the Government of the Kingdom of Belgium has examined the reservation expressed by the Government of the Islamic Republic of Pakistan on its accession to the Convention on the Physical Protection of Nuclear Material with regard to paragraph 2 of article 2 thereof.

The Government of the Kingdom of Belgium objects to the aforementioned reservation of the Government of the Islamic Republic of Pakistan which raises a doubt with regard to Pakistan's commitment to the object and purpose of the Convention.

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

Finland:

[Objection to the declaration of Pakistan - received on 18 October 2001]

“The Government of the Finland has carefully examined the reservation made by the Government of the Islamic Republic of Pakistan at the time of its accession to the Convention on the Physical Protection of Nuclear Material, regarding article 2 paragraph 2.

The Government of Finland objects to the aforesaid reservation by the Government of the Islamic

Republic of Pakistan to the Convention on the Physical Protection of Nuclear Material which puts in question Pakistan's commitment to the object and purpose of the Convention.

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

France:

[Objection to the declaration of Pakistan - received on 12 October 2001]

“The Government of the French Republic has examined the reservation expressed by the Islamic Republic of Pakistan on its accession to the Convention on the Physical Protection of Nuclear Material, with regard to paragraph 2 of article 2 thereof.

The Government of the French Republic objects to the aforementioned reservation of the Islamic Republic of Pakistan which raises a doubt with regard to Pakistan's commitment to the object and purposes of the Convention.

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

Germany:

[Objection to the declaration of Pakistan - received on 20 September 2001]

“The Government of the Federal Republic of Germany has examined the declaration made by the Government of the Islamic Republic of Pakistan upon its accession to the Convention on the Physical Protection of Nuclear Material, regarding paragraph 2 of Article 2.

The Government of the Federal Republic of Germany objects to the aforesaid declaration by the Government of the Islamic Republic of Pakistan which raises doubts with regard to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Convention.

It is in the common interest that treaties are respected as to their object and purpose by all parties.

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

Greece:

[Objection to the declaration of Pakistan - received on 26 November 2001]

“The Government of Greece has carefully examined the reservation made by the Government of the Islamic Republic of Pakistan at the time of its accession to the Convention on the Physical Protection of Nuclear Material, regarding article 2 paragraph 2.

The Government of Greece objects to the aforesaid reservation by the Government of the Islamic Republic of Pakistan to the Convention on the Physical Protection of Nuclear Material, which puts in question Pakistan's commitment to the object and purpose of the Convention.

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

India:

“In accordance with Article 17, paragraph 3, the Government of the Republic of India does not consider itself bound by the procedure for the settlement of disputes provided for under Article 17, paragraph 2 of the Convention”.

Ireland:

[Objection to the declaration of Pakistan - received on 28 September 2001]

“The Government of Ireland has carefully examined the reservation made by the Government of the Islamic Republic of Pakistan upon its accession to the Convention on the Physical Protection of Nuclear Material, regarding paragraph 2 of Article 2.

The Government of Ireland objects to the aforesaid reservation by the Government of the Islamic Republic of Pakistan to the Convention on the Physical Protection of Nuclear Material, which raises doubts with regard to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Convention.

It is in the common interest that treaties are respected as to their object and purpose by all parties.

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

Italy:

[Objection to the declaration of Pakistan - received on 15 October 2001]

“The Government of the Republic of Italy has carefully examined the reservation made by the Government of the Islamic Republic of Pakistan at the time of its accession to the Convention on the Physical Protection of Nuclear Material, regarding article 2, paragraph 2 of the aforesaid Convention.

The Government of the Republic of Italy objects to the aforesaid reservation by the Government of the Islamic Republic of Pakistan, which raises doubts with regard to the commitment of the Islamic Republic of Pakistan to the object and the purpose of the Convention.

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

Israel:

“In accordance with Article 17 paragraph 3, the Government of the State of Israel declares that it does not consider itself bound by the dispute settlement procedures provided for in paragraph 2 of Article 17.”

Luxembourg:

[Objection to the declaration of Pakistan - received on 23 October 2001]

“The Government of the Grand Duchy of Luxembourg has examined the reservation expressed by the Government of the Islamic Republic of Pakistan on its accession to the Convention on the Physical Protection of Nuclear Material with regard to paragraph 2 of article 2 thereof.

The Government of the Grand Duchy of Luxembourg objects to the aforementioned reservation of the Government of the Islamic Republic of Pakistan which raises a doubt with regard to Pakistan's commitment to the object and purpose of the Convention.

This objection shall not preclude the entry into force of the Convention between the Government of the Grand Duchy of Luxembourg and the Government of the Islamic Republic of Pakistan.”

Netherlands:

[Objection to the declaration of Pakistan - received on 9 October 2001]

“The Government of the Kingdom of the Netherlands has examined the reservation made by the Government of the Islamic Republic of Pakistan at the time of its accession to the Convention on the Physical Protection of Nuclear Material, regarding article 2, paragraph 2.

The Government of the Kingdom of the Netherlands objects to the aforesaid reservation by the Government of the Islamic Republic of Pakistan to the Convention on Physical Protection of Nuclear Material, which raises doubts as to Pakistan's commitment 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 party should be respected, as to object and purpose, by all parties.

The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservation made by the Government of the Islamic Republic of Pakistan to the Convention on the Physical Protection of Nuclear Material.

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

Norway:

[Objection to the declaration of Pakistan - received on 17 October 2001]

“The Government of Norway has examined the contents of the reservation made by the Islamic Republic of Pakistan upon accession to the Convention on the Physical Protection of Nuclear Material.

According to paragraph 1 of the reservation, Pakistan does not consider itself bound by paragraph 2 of article 2 of the Convention. This paragraph extends the obligation of protection of nuclear material to such material while in domestic use, storage and transport. The provision aims at averting the potential dangers posed by the unlawful taking and use of nuclear material. Norway therefore objects to paragraph 1 of the reservation, as it is contrary to the object and purpose of the Convention and thus impermissible according to well established treaty law.

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 Norway and Pakistan without Pakistan benefiting from the said part of the reservation.”

Portugal:

[Objection to the declaration of Pakistan - received on 18 October 2001]

“The Government of the Portuguese Republic has carefully examined the reservation made by the Government of the Islamic Republic of Pakistan at the time its accession to the Convention on the Physical Protection of Nuclear Material regarding article 2, paragraph 2.

The Government of the Portuguese Republic objects to the aforesaid reservation made by the Government of the Islamic Republic of Pakistan to the Convention on the Physical Protection of Nuclear Material, which raises doubts regarding the commitment of the Islamic Republic of Pakistan to the object and purpose of the Convention.

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

Spain:

[Objection to the declaration of Pakistan - received on 4 October 2001]

“The Government of the Kingdom of Spain has carefully examined the reservation made by the Government of the Islamic Republic of Pakistan at the time of its accession to the Convention on the Physical Protection of Nuclear Material, regarding Article 2, Paragraph 2.

The Government of the Kingdom of Spain objects to the aforesaid reservation by the Government of the Islamic Republic of Pakistan to the Convention on the Physical Protection of Nuclear Material, which puts in question Pakistan's commitment to the object and purpose of the Convention.

This object does not preclude the entry into force of the Convention between the Government of the Kingdom of Spain and the Islamic Republic of Pakistan.”

Sweden:

[Objection to the declaration of Pakistan - received on 8 October 2001]

“The Government of Sweden has carefully examined the reservation made by the Government of the Islamic Republic of Pakistan at the time of its accession to the Convention on the Physical Protection of Nuclear Material, regarding article 2 paragraph 2.

The Government of Sweden objects to the aforesaid reservation by the Government of the Islamic Republic of Pakistan to the Convention on the Physical Protection of Nuclear Material, which puts in question Pakistan's commitment to the object and purpose of the Convention.

This objection does not preclude the entry into force of the convention between the Government of Sweden and the Islamic Republic of Pakistan.”

Switzerland:

[Objection to the declaration of Pakistan - received on 19 October 2001]

“The Government of Switzerland has carefully examined the declaration made by the Government of the Islamic Republic of Pakistan at the time of its accession to the Convention on the Physical Protection of Nuclear Material, regarding article 2 paragraph 2 of this Convention.

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. The Government of Switzerland considers the declaration of the Government of the Islamic Republic of Pakistan in its substance as a reservation.

According to international law a reservation incompatible with the object and purpose of the treaty is not permitted. The Government of Switzerland is of the view that the aforesaid reservation raises doubts as to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Convention. The Government of Switzerland therefore objects to this reservation.

This objection does not preclude the entry into force of the Convention between Switzerland and the Islamic Republic of Pakistan. The Convention enters into force in its entirety between the two States, without the Islamic Republic of Pakistan benefiting from its reservation.”

(Original in English)

United Kingdom:

[Objection to the declaration of Pakistan - received on 16 October 2001]

“The Permanent Mission of the United Kingdom of Great Britain and Northern Ireland to the United Nations and other International Organizations in Vienna ... has the honour to refer to the reservation made by the Government of the Islamic Republic of Pakistan at the time of its accession to the Convention on the Physical Protection of Nuclear Material, regarding article 2, paragraph 2.

The Government of the United Kingdom of Great Britain and Northern Ireland objects to the aforesaid reservation by the Government of the Islamic Republic of Pakistan to the Convention on the Physical Protection of Nuclear Material, which puts in question Pakistan's commitment to the object and purpose of the Convention.

This objection does not preclude the entry into force of the Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Islamic Republic of Pakistan.””

PART E

“Israel:

Declaration:

“In accordance with paragraph 4 of Article 32, the Government of the State of Israel declares that it does not consider itself bound by the provisions of paragraph 2 of and 3 of this Article.””

PART F

“Georgia:

Declaration contained in the instrument of ratification deposited on 14 December:

Until the full restoration of jurisdiction of Georgia over the territories of Abkhazia and Tskhinvali region, Georgia will be unable to assume responsibility for the full compliance with the provisions of the Convention on these territories.”

SCHEDULE 2

“SCHEDULE 7A

Part A

CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984.

The States Parties to this Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that those rights derive from the inherent dignity of the human person,

Considering the obligation of States under the Charter, in particular Article 55 to promote universal respect for, and observance of, human rights and fundamental freedoms,

Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,

Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975,

Desiring to make more effective the struggle against torture and other cruel inhuman or degrading treatment or punishment throughout the world,

Have agreed as follows:

PART I

Article 1

1. For the purposes of this Convention, the term “torture” means any act by which severe pain orsuffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

Article 2

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Article 3

1. No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

Article 4

1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.

2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

Article 5

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:

(a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;

(b) When the alleged offender is a national of that State;

(c) When the victim is a national of that State if that State considers it appropriate.

2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 6

1. Upon being satisfied, after an examination of information available to it that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary inquiry into the facts.

3. Any person in custody pursuant to paragraph I of this article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national, or, if he is a stateless person, with the representative of the State where he usually resides.

4. When a State, pursuant to this article, has taken a person into custody, it shall immediately notify the States referred to in article 5, paragraph 1, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 7

1. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.

2. These authorities shall take their decision in the same manner as in the case of any ordinary

offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.

3. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.

Article 8

1. The offences referred to in article 4 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another. State Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of such offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 5, paragraph 1.

Article 9

1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any of the offences referred to in article 4, including the supply of all evidence at their disposal necessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph I of this article in conformity with any treaties on mutual judicial assistance that may exist between them.

Article 10

1. Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.

2. Each State Party shall include this prohibition in the rules or instructions issued in regard to theduties and functions of any such person.

Article 11

Each State Party shall keep under systematic review interrogation rules instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture.

Article 12

Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.

Article 13

Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

Article 14

1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.

2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.

Article 15

Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.

Article 16

1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel inhuman or degrading treatment or punishment.

2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel inhuman or degrading treatment or punishment or which relates to extradition or expulsion.

PART II

Article 17

1. There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided. The Committee shall consist of ten experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness of the participation of some persons havinglegal experience.

2. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. States Parties shall bear in mind the usefulness of nominating persons who are also members of the Human Rights Committee established under the International Covenant on Civil and Political Rights and who are willing to serve on the Committee against Torture.

3. Elections of the members of the Committee shall be held at biennial meetings of States Parties convened by the Secretary-General of the United Nations. At those meetings, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

4. The initial election shall be held no later than six months after the date of the entry into force of this Convention. At. Ieast four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within three months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties.

5. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these five members shall be chosen by lot by the chairman of the meeting referred to in paragraph 3 of this article.

6. If a member of the Committee dies or resigns or for any other cause can no longer perform his Committee duties, the State Party which nominated him shall appoint another expert from among its nationals to serve for the remainder of his term, subject to the approval of the majority of the States Parties. The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary-General of the United Nations of the proposed appointment.

7. States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties. (amendment (see General Assembly resolution 47/111 of 16 December 1992); status of ratification)

Article 18

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

(a) Six members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the members present.

3. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under this Convention.

4. The Secretary-General of the United Nations shall convene the initial meeting of the Committee. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

5. The States Parties shall be responsible for expenses incurred in connection with the holding of meetings of the States Parties and of the Committee, including reimbursement to the United Nations for any expenses, such as the cost of staff and facilities, incurred by the United Nations pursuant to paragraph 3 of this article. (amendment (see General Assembly resolution 47/111 of 16 December 1992); status of ratification)

Article 19

1. The States Parties shall submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to give effect to their undertakings under this Convention, within one year after the entry into force of the Convention for the State Party concerned. Thereafter the States Parties shall submit supplementary reports every four years on any new measures taken and such other reports as the Committee may request.

2. The Secretary-General of the United Nations shall transmit the reports to all States Parties.

3. Each report shall be considered by the Committee which may make such general comments on the report as it may consider appropriate and shall forward these to the State Party concerned. That State Party may respond with any observations it chooses to the Committee.

4. The Committee may, at its discretion, decide to include any comments made by it in accordance with paragraph 3 of this article, together with the observations thereon received from the State Party concerned, in its annual report made in accordance with article 24. If so requested by the State Party concerned, the Committee may also include a copy of the report submitted under paragraph I of this article.

Article 20

1. If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State Party, the Committee shall invite that State Party to co-operate 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 co-operation 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 Commission 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 I to 4 of this article shall be confidential, and at all stages of the proceedings the co-operation 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 21

1. A State Party to this Convention may at any time declare under this article 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. Such communications may be received and considered according to the procedures laid down in this article only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be dealt with by the Committee under this article if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure;

(a) If a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may, by written communication bring the matter to the attention of that State Party. Within three months afler the receipt of the communication the receiving State shall afford the State which sent the communication an explanation or any other statement in writing clarifying the matter, which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it under this article only after it has ascertained that all domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention;

(d) The Committee shall hold closed meetings when examining communications under this article;

(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for the obligations provided for in this Convention. For this purpose, the Committee may, when appropriate, set up an ad hoc conciliation commission;

(f) In any matter referred to it under this article, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Partiesconcerned shall be attached to the report.

In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

Article 22

1. A State Party to this Convention may at any time declare under this article 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. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration.

2. The Committee shall consider inadmissible any communication under this article which is anonymous or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of this Convention.

3. Subject to the provisions of paragraph 2, the Committee shall bring any communications submitted to it under this article to the attention of the State Party to this Convention which has made a declaration under paragraph I and is alleged to be violating any provisions of the Convention. Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

4. The Committee shall consider communications received under this article in the light of all information made available to it by or on behalf of the individual and by the State Party concerned.

5. The Committee shall not consider any communications from an individual under this article unless it has ascertained that:

(a) The same matter has not been, and is not being, examined under another procedure of international investigation or settlement;

(b) The individual has exhausted all available domestic remedies; this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective reliefto the person who is the victim of the violation of this Convention.

6. The Committee shall hold closed meetings when examining communications under this article.

7. The Committee shall forward its views to the State Party concerned and to the individual.

8. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by or on behalf of an individual shall be received under this article after the notification of withdrawal of the declaration has been received by the SecretaryGeneral, unless the State Party has made a new declaration.

Article 23

The members of the Committee and of the ad hoc conciliation commissions which may be appointed under article 21, paragraph I (e), shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 24

The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.

PART III

Article 25

1. This Convention is open for signature by all States. 2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 26

This Convention is open to accession by all States. Accession shall be effected by the deposit of an instrument of accession with the SecretaryGeneral of the United Nations.

Article 27

1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.

2. For each State ratifying this Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force onthe thirtieth day after the date of the deposit of its own instrument of ratification or accession.

Article 28

1. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the Committee provided for in article 20.

2. Any State Party having made a reservation in accordance with paragraph I of this article may, at any time, withdraw this reservation by notification to the Secretary-General of the United Nations.

Article 29

1. Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the United Nations. The SecretaryGeneral shall thereupon communicate the proposed amendment to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposal. In the event that within four months from the date of such communication at least one third of the States Parties favours such a conference, the SecretaryGeneral shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted by the Secretary-General to all the States Parties for acceptance.

2. An amendment adopted in accordance with paragraph I of this article shall enter into force when two thirds of the States Parties to this Convention have notified the Secretary-General of the United Nations that they have accepted it in accordance with their respective constitutional processes.

3. When amendments enter into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of this Convention and any earlier amendments which they have accepted.

Article 30

1. Any dispute between two or more States Parties concerning the interpretation or application 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.

2. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by paragraph I of this article. The other States Parties shall not be bound by paragraph I of this article with respect to any State Party having made such a reservation.

3. Any State Party having made a reservation in accordance with paragraph 2 of this article may at any time withdraw this reservation by notification to the Secretary-General of the United Nations.

Article 31

1. A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of- the notification by the Secretary-General.

2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under this Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective.

3. Following the date at which the denunciation of a State Party becomes effective, the Committee shall not commence consideration of any new matter regarding that State.

Article 32

The Secretary-General of the United Nations shall inform all States Members of the United Nations and all States which have signed this Convention or acceded to it of the following:

(a) Signatures, ratifications and accessions under articles 25 and 26;

(b) The date of entry into force of this Convention under article 27 and the date of the entry into force of any amendments under article 29;

(c) Denunciations under article 31.

Article 33

1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States.

Part B

Declarations made by the State in relation to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

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.

Part C

Reservations and Declarations to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

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

Afghanistan:

While ratifying the above-mentioned Convention, the Democratic Republic of Afghanistan, invoking paragraph 1 of the article 28, of the Convention, does not recognize the authority of the committee as foreseen in the article 20 of the Convention.

Also according to paragraph 2 of the article 30, the Democratic Republic of Afghanistan, will not be bound to honour the provisions of paragraph 1 of the same article since according to that paragraph 1 the compulsory submission of disputes in connection with interpretation or the implementation of the provisions of this Convention by one of the parties concerned to the International Court of Justice is deemed possible. Concerning to this matter, it declares that the settlement of disputes between the States Parties, such disputes may be referred to arbitration or to the International Court of Justice with the consent of all the Parties concerned and not by one of the Parties.

Austria:

“1. Austria will establish its jurisdiction in accordance with article 5 of the Convention irrespective of the laws applying to the place where the offence occurred, but in respect of paragraph 1 (c) only if prosecution by a State having jurisdiction under paragraph 1 (a) or paragraph 1 (b) is not to be expected.

“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.”

Bahrain:

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

Bangladesh:

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.”

Chile:

Upon signature:

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

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 1 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.

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.

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 2 of [article 30].

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 interpretationor 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.”

Germany:

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.

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.”

Luxembourg:

Interpretative declaration:

Article 1

The Grand Duchy of Luxembourg hereby declares that the only “lawful sanctions” that it recognizes within the meaning of article 1, paragraph 1, of the Convention are those which are accepted by both national law and international law.

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.

Morocco:

Declaration made upon signature and confirmed upon ratification:

Declaration:

The Government of the Kingdom of Morocco does not recognize the competence of the Committee provided for in article 20.

The Government of the Kingdom of Morocco does not consider itself bound by paragraph 1 of the same article.

Netherlands:

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.”

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.

Qatar:

Reservations:

(a) Any interpretation of the provisions of the Convention that is incompatible with the precepts of Islamic law and the Islamic religion;

and

(b) The competence of the Committee as indicated in articles 21 and 22 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.”

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.

Tunisia:

Upon signature:

The Government of Tunisia reserves the right to make at some later stage any reservation or declaration which it deems necessary, in particular with regard to articles 20 and 21 of the said Convention.

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.

Turkey:

Reservation:

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

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 America:

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.

Declarations recognizing the Competence of the Committee against Torture under articles 21 and 22

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

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.

Australia:

28 January 1993

“The Government of Australia hereby declares that it recognises, for and on behalf of Australia, 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 the aforesaid Convention; and The Government of Australia hereby declares that it recognises, for and on behalf of Australia, the competence of the Committee to receive and consider communications from or on behalf of individuals subject to Australia's jurisdiction who claim to be victims of a violation by a State Party of the provisions of the aforesaid 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.

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.

Canada:

13 November 1989

“The Government of Canada declares that it recognizes the competence of the Committee Against Torture, pursuant to article 21 of the said Convention, 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 Government of Canada also declares that it recognizes the competence of the Committee Against Torture, pursuant to article 22 of the said Convention, 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.”

Croatia:

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

Cyprus:

8 April 1993

“The Republic of Cyprus recognizes the competence of the Committee established under article 17 of the Convention [...]:

I. 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 21), and

II. 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 (Article 22).”

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.

Denmark:

“The Government of Denmark [...] recognizes the competence of the Committee 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.

“The Government of Denmark [...] 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.”

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.

Finland:

“Finland declares that it recognizes fully the competence of the Committee against Torture as specified in article 21, paragraph 1 and article 22, paragraph 1 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.

Ghana:

“The Government of the Republic of Ghana recognises the competence of the Committee Against Torture to consider complaints brought by or against the Republic in respect of another State Party which has made a Declaration recognising the competence of the Committee as well as individuals subject to the jurisdiction of the Republic who claim to be victims of any violations by the Republic of the provsions of the said Convention.

The Government of the Republic of Ghana interprets Article 21 and Article 22 as giving the said Committee the competence to receive and consider complaints in respect of matters occurring after the said Convention had entered into force for Ghana and shall not apply to decisions, acts, omissions or events relating to matters, events, omissions, acts or developments occurring before Ghana becomes a party.”

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.

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.

Iceland:

23 October 1996

“[The Government of Iceland declares], pursuant to article 21, paragraph 1, of the [said] Convention, that Iceland 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 and, pursuant to article 22, paragraph 1, of the Convention, that Iceland 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.”

Italy:

10 October 1989

“Article 21: Italy 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 this Convention;

“Article 22: Italy 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.”

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.

Luxembourg:

Article 21

The Grand Duchy of Luxembourg hereby 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 this Convention.

Article 22

The Grand Duchy of Luxembourg hereby 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.

Malta:

The Government of Malta fully recognizes the competence of the Committee against Torture as specified in article 21, paragraph 1, and article 22, paragraph 1, of the Convention.

Monaco:

In accordance with article 21, paragraph 1, of the Convention, the Principality of Monaco 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 this Convention.

In accordance with article 22, paragraph 1, of the Convention, the Principality of Monaco 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.

Netherlands:

“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.”

New Zealand:

“1. In accordance with article 21, paragraph 1, of the Convention, [the Government of New Zealand declares] that it recognises 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; and

“2. In accordance with article 22, paragraph 1, of the Convention, [the Government of New Zealand] recognises 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.”

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.”

Poland:

12 May 1993

“The Government of the Republic of Poland, in accordance with articles 21 and 22 of the Convention, recognizes the competence of the Committee against Torture to receive and consider communications to the effect that a State Party claims that the Republic of Poland is not fulfilling its obligations under the Convention or communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by the Republic of Poland 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.”

Russian Federation:

1 October 1991

The Union of Soviet Socialist Republics declares that, pursuant to article 21 of the Convention, it recognizes the competence of the Committee against Torture to receive and consider communications in respect of situations and events occurring after the adoption of the present declaration, to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention.

The Union of Soviet Socialist Republics also declares that, pursuant to article 22 of the Convention, it recognizes the competence of the Committee to receive and consider communications in respect of situations or events occurring after the adoption of the present declaration, 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.

Senegal:

16 October 1996

The Government of the Republic of Senegal 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 communciations to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.

The Government of the Republic of Senegal 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 a violation by a State Party of the provisions of the Convention.

Seychelles:

6 August 2001

Article 22:

“The Republic of Seychelles accepts without reservations the competence of the Committee Against Torture.”

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.”

Slovenia:

“1. The Republic of Slovenia declares that it recognizes the competence of the Committee against Torture, pursuant to article 21 of the said Convention, 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.

2. The Republic of Slovenia also declares that it recognizes the competence of the Committee against Torture, pursuant to article 22 of the said Convention, 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.”

South Africa:

“The Republic of South Africa 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.

Spain:

Spain declares that, pursuant to article 21, paragraph 1, of the Convention, it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that the Spanish State is not fulfilling its obligations under this Convention. It is Spain's understanding that, pursuant to the above-mentioned article, such communications shall be accepted and processed only if they come from a State Party which has made a similar declaration.

Spain declares that, pursuant to article 22, paragraph 1, of the Convention, it recognizes the competence of the Committee to receive and consider communications sent by, or on behalf of, persons subject to Spanish jurisdiction who claim to be victims of a violation by the Spanish State of the provisions of the Convention. Such communications must be consistent with the provisions of the above-mentioned article and, in particular, of its paragraph 5.

Sweden:

“Sweden 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.

“Sweden 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.”

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.

Togo:

The Government of the Republic of Togo 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 Government of the Republic of Togo 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.

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.

Turkey:

“The Government of Turkey 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 is not fulfilling its obligations under the Convention.

The Government of Turkey 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 claim to be victims of a violation by a State Party of the provisions of the Convention.”

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.”

United States of America

“The United States 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. It is the understanding of the United States that, pursuant to the above-mentioned article such communications shall be accepted and processed only if they come from a State Party which has made a similar declaration.”

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].

Venezuela:

26 April 1994

“The Government of the Republic of Venezuela recognizes the competence of the Committee against Torture as provided for under articles 21 and 22 of the Convention.”

Yugoslavia:

“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.””

SCHEDULE 3

“SCHEDULE 7B

Part A

CONVENTION ON THE SAFETY OF UNITED NATIONS AND ASSOCIATED PERSONNEL

The States Parties to this Convention,

Deeply concerned over the growing number of deaths and injuries resulting from deliberate attacks against United Nations and associated personnel,

Bearing in mind that attacks against, or other mistreatment of, personnel who act on behalf of the United Nations are unjustifiable and unacceptable, by whomsoever committed,

Recognising that United Nations operations are conducted in the common interest of the international community and in accordance with the principles and purposes of the Charter of the United Nations,

Acknowledging the important contribution that United Nations and associated personnel make in respect of United Nations efforts in the fields of preventive diplomacy, peacemaking, peace-keeping, peace-building and humanitarian and other operations,

Conscious of the existing arrangements for ensuring the safety of United Nations and associated personnel, including the steps taken by the principal organs of the United Nations, in this regard,

Recognizing none the less that existing measures of protection for United Nations and associated personnel are inadequate,

Acknowledging that the effectiveness and safety of United Nations operations are enhanced where such operations are conducted with the consent and cooperation of the host State,

Appealing to all States in which United Nations and associated personnel are deployed and to all others on whom such personnel may rely, to provide comprehensive support aimed at facilitating the conduct and fulfilling the mandate of United Nations operations,

Convinced that there is an urgent need to adopt appropriate and effective measures for the prevention of attacks committed against United Nations and associated personnel and for the punishment of those who have committed such attacks,

Have agreed as follows:

ARTICLE 1

Definitions

For the purposes of this Convention:

(a) “United Nations personnel” means:

(i)  Persons engaged or deployed by the Secretary General of the United Nations as members of the military, police or civilian components of a United Nations operation;

(ii) Other officials and experts on mission of the United Nations or its specialized agencies or the International Atomic Energy Agency who are present in an official capacity in the area where a United Nations

operation is being conducted;

(b) “Associated personnel” means:

(i)  Persons assigned by a Government or an intergovernmental organization with the agreement of the competent organ of the United Nations;

(ii) Persons engaged by the Secretary-General of the United Nations or by a specialized agency or by the International Atomic Energy Agency;

(iii) Persons deployed by a humanitarian non-governmental organization or agency under an agreement with the Secretary-General of the United Nations or with a specialized agency or with the International Atomic Energy Agency to carry out activities in support of the fulfilment of the mandate of a United Nations operation:

(c) “United Nations operation” means an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under United Nations authority and control:

(i)  Where the operation is for the purpose of maintaining or restoring international peace and security; or

(ii) Where the Security Council or the General Assembly has declared, for the purposes of this Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation;

(d) “Host State” means a State in whose territory a United Nations operation is conducted;

(e) “Transit State” means a State, other than the host State, in whose territory United Nations and associated personnel or their equipment are in transit or temporarily present in connection with a United Nations operation.

ARTICLE 2

Scope of application

1. This Convention applies in respect of United Nations and associated personnel and United Nations operations, as defined in article 1.

2. This Convention shall not apply to a United Nations operation authorized by the Security Council as an enforcement action under Chapter VII of the Charter of the United Nations in which any of the personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict applies.

ARTICLE 3

Identification

1. The military and police components of a United Nations operation and their vehicles, vessels and aircraft shall bear distinctive identification. Other personnel, vehicles, vessels and aircraft involved in the United Nations operation shall be appropriately identified unless otherwise decided by the Secretary-General of the United Nations.

2. All United Nations and associated personnel shall carry appropriate identification documents.

ARTICLE 4

Agreements on the status of the operation

The host State and the United Nations shall conclude as soon as possible an agreement on the status of the United Nations operation and all personnel engaged in the operation including, inter alia, provisions on privileges and immunities for military and police components of the operation.

ARTICLE 5

Transit

A transit State shall facilitate the unimpeded transit of United Nations and associated personnel and their equipment to and from the host State.

ARTICLE 6

Respect for laws and regulations

1. Without prejudice to such privileges and immunities as they may enjoy or to the requirements of their duties, United Nations and associated personnel shall:

(a) Respect the laws and regulations of the host State and the transit State; and

(b) Refrain from any action or activity incompatible with the impartial and international nature of their duties.

2. The Secretary-General of the United Nations shall take all appropriate measures to ensure the observance of these obligations.

ARTICLE 7

Duty to ensure the safety and security of United Nations and associated personnel

1. United Nations and associated personnel, their equipment and premises shall not be made the object of attack or of any action that prevents them from discharging their mandate.

2. States Parties shall take all appropriate measures to ensure the safety and security of United Nations and associated personnel. In particular, States Parties shall take all appropriate steps to protect United Nations and associated personnel who are deployed in their territory from the crimes set out in article 9.

3. States Parties shall cooperate with the United Nations and other States Parties, as appropriate, in the implementation of this Convention particularly in any case where the host State is unable itself to take the required measures.

ARTICLE 8

Duty to release or return United Nations and associated personnel captured or detained

Except as otherwise provided in an applicable status-of-forces agreement, if United Nations or associated personnel are captured or detained in the course of the performance of their duties and their identification has been established, they shall not be subjected to interrogation and they shall be promptly released and returned to United Nations or other appropriate authorities. Pending their release such personnel shall be treated in accordance with universally recognized standards of human rights and the principles and spirit of the Geneva Conventions of 1949.

ARTICLE 9

Crimes against United Nations and associated personnel

1. The intentional commission of:

(a) A murder, kidnapping or other attack upon the person or liberty of any United Nations or associated personnel;

(b) A violent attack upon the official premises, the private accommodation or the means of transportation of any United Nations or associated personnel likely to endanger his or her person or liberty;

(c) A threat to commit any such attack with the objective of compelling a physical or juridical person to do or to refrain from doing any act;

(d) An attempt to commit any such attack; and

(e) An act constituting participation as an accomplice in any such attack or in an attempt to commit such attack, or in organizing or ordering others to commit such attack,

shall be made by each State Party a crime under its national law.

2. Each State Party shall make the crimes set out in paragraph 1 punishable by appropriate penalties which shall take into account their grave nature.

ARTICLE 10

Establishment of jurisdiction

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set out in article 9 in the following cases:

(a) When the crime is committed in the territory of that State or on board a ship or aircraft registered in that State;

(b) When the alleged offender is a national of that State.

2. A State Party may also establish its jurisdiction over any such crime when it is committed:

(a) By a stateless person whose habitual residence is in that State; or

(b) With respect to a national of that State; or

(c) In an attempt to compel that State to do or to abstain from doing any act.

3. Any State Party which has established jurisdiction as mentioned in paragraph 2 shall notify the Secretary-General of the United Nations. If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General of the United Nations.

4. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set out in article 9 in cases where the alleged offender is present in its territory and it does not extradite such person pursuant to article 15 to any of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2.

5. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law..

ARTICLE 11

Prevention of crimes against United Nations and associated personnel

States Parties shall cooperate in the prevention of the crimes set out in article 9, particularly by:

(a) Taking all practicable measures to prevent preparations in their respective territories for the commission of those crimes within or outside their territories; and

(b) Exchanging information in accordance with their national law and coordinating the taking of administrative and other measures as appropriate to prevent the commission of those crimes.

ARTICLE 12

Communication of information

1. Under the conditions provided for in its national law, the State Party in whose territory a crime set out in article 9 has been committed shall, if it has reason to believe that an alleged offender has fled from its territory communicate to the Secretary-General of the United Nations and, directly or through the Secretary-General, to the State or States concerned all the pertinent facts regarding the crime committed and all available information regarding the identity of the alleged offender.

2. Whenever a crime set out in article 9 has been committed, any State Party which has information concerning the victim and circumstances of the crime shall endeavour to transmit such information, under the conditions provided for in its national law, fully and promptly to the Secretary-General of the United Nations and the State or States concerned.

ARTICLE 13

Measures to ensure prosecution or extradition

1. Where the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take the appropriate measures under its national law to ensure that person's presence for the purpose of prosecution or extradition.

2. Measures taken in accordance with paragraph 1 shall be notified, in conformity with national law and without delay, to the Secretary-General of the United Nations and, either directly or through the Secretary-General, to:

(a) The State where the crime was committed;

(b) The State or States of which the alleged offender is a national or, if such person is a stateless person, in whose territory that person has his or her habitual residence;

(c) The State or States of which the victim is a national; and

(d) Other interested States.

ARTICLE 14

Prosecution of alleged offenders

The State Party in whose territory the alleged offender is present shall, if it does not extradite that person, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the law of that State. Those authorities shall take their decision in the same manner as in the case of an ordinary offence of a grave nature under the law of that State.

ARTICLE 15

Extradition of alleged offenders

1. To the extent that the crimes set out in article 9 are not extraditable offences in any extradition treaty existing between States Parties, they shall be deemed to be included as such therein. States Parties undertake to include those crimes as extraditable offences in every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of those crimes. Extradition shall be subject to the conditions provided in the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognise those crimes as extraditable offences between themselves subject to the conditions provided in the law of the requested State.

4. Each of those crimes shall be treated, for the purposes of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2 of article 10.

ARTICLE 16

Mutual assistance in criminal matters

1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the crimes set out in article 9, including assistance in obtaining evidence at their disposal necessary for the proceedings. The law of the requested State shall apply in all cases.

2. The provisions of paragraph 1 shall not affect obligations concerning mutual assistance embodied in any other treaty.

ARTICLE 17

Fair treatment

1. Any person regarding whom investigations or proceedings are being carried out in connection with any of the crimes set out in article 9 shall be guaranteed fair treatment, a fair trial and full protection of his or her rights at all stages of the investigations or proceedings.

2. Any alleged offender shall be entitled:

(a) To communicate without delay with the nearest appropriate representative of the State or States of which such person is a national or which is otherwise entitled to protect that person's rights or, if such person is a stateless person, of the State which at that person's request, is willing to protect that person's rights; and

(b) To be visited by a representative of that State or those States.

ARTICLE 18

Notification of outcome of proceedings

The State Party where an alleged offender is prosecuted shall communicate the final outcome of the proceedings to the Secretary- General of the United Nations, who shall transmit the information to other States Parties.

ARTICLE 19

Dissemination

The States Parties undertake to disseminate this Convention as widely as possible and, in particular, to include the study thereof, as well as relevant provisions of international humanitarian law, in their programmes of military instruction.

ARTICLE 20

Savings clauses

Nothing in this Convention shall affect:

(a) The applicability of international humanitarian law and universally recognised standards of human rights as contained in international instruments in relation to the protection of United Nations operations and United Nations and associated personnel or the responsibility of such personnel to respect such law and standards;

(b) The rights and obligations of States, consistent with the Charter of the United Nations, regarding the consent to entry of persons into their territories;

(c) The obligation of United Nations and associated personnel to act in accordance with the terms of the mandate of a United Nations operation;

(d) The right of States which voluntarily contribute personnel to a United Nations operation to withdraw their personnel from participation in such operation; or

(e) The entitlement to appropriate compensation payable in the event of death, disability, injury or illness attributable to peace-keeping service by persons voluntarily contributed by States to United Nations

operations.

ARTICLE 21

Right of self-defence

Nothing in this Convention shall be construed so as to derogate from the right to act in self-defence.

ARTICLE 22

Dispute settlement

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by 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 application in conformity with the Statute of the Court.

2. Each State Party may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto declare that it does not consider itself bound by all or part of paragraph 1. The other States Parties shall not be bound by paragraph 1 or the relevant part thereof with respect to any State Party which has made such a reservation.

3. Any State Party which has made a reservation in accordance with paragraph 2 may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.

ARTICLE 23

Review meetings

At the request of one or more States Parties, and if approved by a majority of States Parties, the Secretary-General of the United Nations shall convene a meeting of the States Parties to review the implementation of the Convention and any problems encountered with regard to its application.

ARTICLE 24

Signature

This Convention shall be open for signature by all States, until 31 December 1995, at United Nations Headquarters in New York.

ARTICLE 25

Ratification, acceptance or approval

This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

ARTICLE 26

Accession

This Convention shall be open for accession by any State. The instruments of accession shall be deposited with the Secretary- General of the United Nations.

ARTICLE 27

Entry into force

1. This Convention shall enter into force thirty days after twenty- two instruments of ratification, acceptance, approval or accession have been deposited with the Secretary-General of the United Nations.

2. For each State ratifying, accepting, approving or acceding to the Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification, acceptance, approval or accession.

ARTICLE 28

Denunciation

1. A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.

2. Denunciation shall take effect one year following the date on which notification is received by the Secretary-General of the United Nations.

ARTICLE 29

Authentic texts

The original of this Convention, of which the Arabic, Chinese, English French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

Part B

Reservations and Declarations to the Convention on the Safety of United Nations and Associated Personnel

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

Belgium:

Interpretative declaration:

The Belgian Government declares the following: article 9, paragraph 1 (c) only covers cases where the threat is credible.

Costa Rica:

Reservation:

The Government of the Republic enters a reservation to article 2, paragraph 2 of the Convention, to the effect that limiting the scope of application of the Convention is contrary to the pacifist thinking of our country and, accordingly that, in the event of conflicts with the application of the Convention, Costa Rica will, where necessary, give precedence to humanitarian law.

Germany:

Declaration:

In accordance with German law, the authorities of the Federal Republic of Germany will communicate information on alleged offenders, victims and circumstances of the crime (personal data) directly to the states concerned and in parallel with this, will inform the Secretary-General of the United Nations that such information has been communicated.

Nepal:

Declaration:

“[The Government of Nepal] avails itself of the provisions of article 22 paragraph 22, and declares that it does not consider itself bound by the provisions of paragraph 1 of the said article under which any dispute between two or more States Parties concerning the interpretation or application of this Convention shall at the request of one of them, be submitted to arbitration or referred to the International Court of Justice, and states that in each individual case, prior consent of all parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice.”

Netherlands:

Declaration:

“The Kingdom of the Netherlands understands Article 14 of the Convention on the Safety of United Nations and Associated Personnel states that the competent national authorities must decide on a case submitted to them in accordance with national law and in the same manner as they would decide on ordinary offences of a grave nature. Consequently, the Kingdom of the Netherlands understands this provision to include the right of its competent judicial authorities to decide not to prosecute a person alleged to have committed a crime as referred to in Article 9, paragraph 1, if, in the opinion of the competent judicial authorities, grave considerations of procedural law indicate that effective prosecution would be possible.”

Tunisia:

Reservation:

The Tunisian Republic declares that it does not consider itself bound by the provisions of article 22, paragraph 1, of the Convention and that disputes concerning the interpretation or application of the Convention may be submitted to arbitration or to the International Court of Justice only with the prior consent of all the parties concerned.

Slovakia:

Declaration made upon signature and confirmed upon ratification:

“If a dispute concerning the interpretation or application of the Convention is not settled by negotiation, the Slovak Republic prefers its submission to the International Court of Justice in accordance with article 22, paragraph 1 of the Convention. Therefore a dispute, to which the Slovak Republic might be a Party can be submitted to arbitration only with the explicit consent of the Slovak Republic.””

SCHEDULE 4

TABLE