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Scope Of The International Covenant On Civil And Political Rights

Original Language Title: Geltungsbereich des Internationalen Paktes über bürgerliche und politische Rechte

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47. Representing the Federal Chancellor with regard to the scope of the International Covenant on Civil and Political Rights

According to the Communications of the Secretary-General of the United Nations, the following States have ratified their instruments of ratification or ratification. Accession documents to the International Covenant on Civil and Political Rights (BGBl. No 591/1978, last proclamation of the BGBl area. III No 212/2005):

States:

Date of deposit of the instruments of ratification. Certificate of Accession:

Andorra

22 September 2006

Bahrain

20 September 2006

Indonesia

23 February 2006

Kazakhstan

24. January 2006

Maldives

19 September 2006

Montenegro also has 23. On 3 June 2006, the International Covenant of the International Covenant continued to be bound by the International Covenant with effect from 3 June 2006.

On the occasion of the deposit of their instruments of ratification or The following Member States have declared the following reservations, or Statements made:

Bahrain:

1.

The Government of the Kingdom of Bahrain exposes the provisions of Article 3 (18) and (23) to the effect that they do not in any way affect the preemption of the Islamic Shariah.

2.

The Government of the Kingdom of Bahrain lays down the provisions of Article 9 (5) to the effect that it shall not be removed from the right to lay down the principles and rules for the receipt of the compensation referred to in this paragraph.

3.

The Government of the Kingdom of Bahrain submits Art. 14 (7) to the effect that no further obligation arises therefrom than is laid down in Article 10 of the Criminal Code of Bahrain, and which reads as follows:

" Legal proceedings cannot be brought against a person who has been convicted by foreign courts for offences on the basis of which she was charged or a final judgment handed down, and the said person is the punishment has fulfilled or the penalty has been issued ".

Indonesia:

According to Art. 1 of the International Covenant on Civil and Political Rights, the Government of the Republic of Indonesia declares that, in accordance with the "Declaration on the Granting of Independence to Colonial Countries and Peoples," the " Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States " on friendly relations and cooperation between States and the relevant kind. of the Vienna Declaration and Programme of Action of 1993, which Expression "right to self-determination" of this article not in a category is applicable to persons in a sovereign independent state and is not to be regarded as permission or encouragement for acts which could endanger the territorial integrity or the political unity of sovereign and independent states.

Maldives:

The application of the principles laid down in Article 18 of the Covenant shall be without prejudice to the Constitution of the Republic of the Maldives.

According to other communications of the Secretary-General of the United Nations, the following States have their honour at the date of deposit of their instruments of ratification or ratification. Instrument of accession have withdrawn reservations and declarations in whole or in part, or changed:

Italy:

With reference to the ratification of the said Covenant by Italy, the Government of Italy informed the Secretary-General of its decision, following a notification of 20 December 2005, of the following reservations: 1 on Article 9 (5), Article 12 (4) and Article 14 (5), which were declared at the time of ratification of the Covenant, take back:

Art. 9 (5):

Since the Italian Republic considers that the expression, 'unlawfully detained or held in detention', contained in Article 9 (5), could be interpreted differently, it declares that it should be interpreted as meaning that: shall be understood to be exclusively arrests or detentions which infringe the provisions of the first paragraph of Article 9.

Art. 12 (4):

Article 12 (4) does not impede the application of the transitional provision XIII of the Italian Constitution concerning the prohibition of entry and residence for certain members of the Savoy family in the territory of the State.

Art. 14 (5):

Article 14 (5) does not impede the application of the Italian provisions in force, which, in accordance with the Constitution of the Italian Republic, the expiry of the one on the basis of accusations against the President of the Republic and against Minister of the Constitutional Court rules on proceedings brought before the Constitutional Court in a single instance.

Republic of Korea:

On 2 April 2007, the Government of the Republic of Korea notified its decision to the Secretary-General of the reservation 2 on Article 14 (5), which was declared on the occasion of accession.

Switzerland:

On 1 May 2007, the Government of Switzerland notified the Secretary-General that it had decided to express its reservations on the occasion of accession. 3 Article 10 (2) lit. (b) and Article 14 (1) and (5), which read as follows:

Art. 10 (2) lit. b:

The separation between adolescent defendants and adults is not guaranteed without exception.

Art. 14 (1):

The principle of the public of the negotiations is not applicable to proceedings relating to disputes concerning civil rights and obligations or to the validity of a criminal charge and which are subject to cantonal law. laws before an administrative authority. The principle of the public of the sentencing is applicable, subject to the provisions of the cantonal laws on civil and criminal proceedings, which provide that the verdict does not open to a public hearing, but to the Parties shall be notified in writing.

The guarantee of a fair trial in relation to disputes over civil rights and obligations only means that a judicial review of the acts or decisions of public authority over such rights, or decisions of a court of law, shall be subject to judicial review of the law. Obligations shall take place. The term "last-instance judicial review" refers to a judicial review which is limited to the application of the law and which is of a cassation nature.

Art. 14 Abs 5:

The Federal legislation on the organisation of the administration of justice in the area of criminal law is reserved if, in the case of first instance assessment by the highest court, it provides for an exception to the law, a guilty verdict or a The conviction of a higher authority to be reviewed.

Gusenbauer