ITALY

CAT

OBJECTIONS MADE TO OTHER STATES PARTIES RESERVATIONS AND DECLARATIONS

(Ed. note: for the text targeted by the following objections, see the Reservations and Declarations of the State which is the subject of the objection)

28 June 2011

With regard to the reservations made by Pakistan upon ratification:

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

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

The Government of Italy is of the view that, in the absence of further clarification, these reservations raise doubts as to the commitment of the Islamic Republic of Pakistan as to the object and purpose of the Convention and would like to recall that, according to customary international law as codified by the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted. It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose by all Parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

The Government of Italy, therefore, objects to the aforesaid reservations made by the Islamic Republic of Pakistan to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

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

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Note

The German Democratic Republic had signed and ratified the Convention on 7 April 1986 and 9 September 1987, respectively, with the following reservations and declaration:

Reservations:

The German Democratic Republic declares in accordance with article 28, paragraph 1 of the Convention that it does not recognize the competence of the Committee provided for in article 20.

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

Declaration:

The German Democratic Republic declares that it will bear its share only of those expenses in accordance with article 17, paragraph 7, and article 18, paragraph 5, of the Convention arising from activities under the competence of the Committee as recognized by the German Democratic Republic.

...

...[T]he Secretary-General has received from the following States, objections to the declaration made by the German Democratic Republic, on the dates indicated hereinafter:

...

Italy (12 January 1989):

The Convention authorizes only the reservations indicated in article 28 (1) and 30 (2). The reservation made by the German Democratic Republic is not therefore admissible under the terms of article 19 (b) of the 1969 Vienna Convention on the Law of Treaties.

...

Subsequently, in a communication received on 13 September 1990, the Government of the German Democratic Republic notified the Secretary-General that it had decided to withdraw the reservations, made upon ratification, to articles 17 (7), 18 (5), 20 and 30 (1) of the Convention.

...

(Note 3, Chapter IV.9, Multilateral Treaties Deposited with the Secretary-General)

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Note

In a communication received on 7 September 1990, the Government of Chile notified the Secretary-General that it had decided to withdraw the declaration made by virtue of article 28 (1) upon signature and confirmed upon ratification by which the Government did not recognize the competence of the Committee against torture as defined by article 20 of the Convention. The Government of Chile further decided to withdraw the following reservations, made upon ratification, to article 2 (3) and article 3, of the Convention:

(a) [To] Article 2, paragraph 3, in so far as it modifies the principle of "obedience upon reiteration" contained in Chilean domestic law. The Government of Chile will apply the provisions of that international norm to subordinate personnel governed by the Code of Military Justice, provided that the order patently intended to lead to perpetration of the acts referred to in article 1 is not insisted on by the superior officer after being challenged by his subordinate.

(b) Article 3, by reason of the discretionary and subjective nature of the terms in which it is drafted.

It will be recalled that the Secretary-General had received various objections to the said declarations from the following States on the dates indicated hereinafter:

Italy (14 August 1989):

The Government of Italy considers that the reservations entered by Chile are not valid, as they are incompatible with the objection and purpose of the Convention. The present objection is in no way an obstacle to the entry into force of this Convention between Italy and Chile.

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Further, in a communication received on 3 September 1999, the Government of Chile withdrew the following reservation made upon ratification:

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

(Note 17, Chapter IV.9, Multilateral Treaties Deposited with the Secretary-General)

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Note

The Secretary-General received communications relating to the reservation made by Qatar upon accession from the following States on the dates indicated hereinafter:

Italy (5 February 2001):

"The Government of the Italian Republic has examined the reservation to the Convention against torture and other cruel, inhuman or degrading treatment or punishment made by the Government of Qatar. The Government of the Italian Republic believes that the reservation concerning the compatibility of the rules of the Convention with the precepts of the Islamic law and the Islamic Religion raises doubts as the commitment of Qatar to fulfill its obligations under the Convention. The Government of the Italian Republic considers this reservation to be incompatible with the object and purpose of the Convention according to article 19 of the 1969 Vienna Convention on the Law of Treaties. This reservation does not fall within the rule of article 20, paragraph 5 and can be objected anytime.

Therefore, the Government of the Italian Republic objects to the aforesaid reservation made by the Government of Qatar to the Convention.

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

...

(Note 22, Chapter IV.9, Multilateral Treaties Deposited with the Secretary-General)

DECLARATIONS RE: ARTICLES 21 AND 22

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."