202. Presentation of the Federal Chancellor concerning the scope of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

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 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (BGBl. No 492/1987, last proclamation of the BGBl area. No 842/1993):

States:	Date of deposit of the Ratifications and/or Certificate of Accession:
Albania	11 May 1994
Equatorial Guinea	8 October 2002
Azerbaijan	16 August 1996
Ethiopia	14 March 1994
Bahrain	6 March 1998
Bangladesh	5 October 1998
Belgium	25 June 1999
Bolivia	12 April 1999
Botswana	8 September 2000
Burkina Faso	4 January 1999
Costa Rica	11 November 1993
Côte d' Ivoire	18 December 1995
Djibouti	5 November 2002
El Salvador	17 June 1996
Gabon	8 September 2000
Georgia	26 October 1994
Ghana	7 September 2000
Holy See	26 June 2002
Honduras	5 December 1996
Indonesia	28 October 1998
Ireland	11 April 2002
Iceland	23 October 1996
Japan	29 June 1999
Kazakhstan	26 August 1998
Qatar	11 January 2000
Kenya	21 February 1997
Kyrgyzstan	5 September 1997
Congo	30 July 2003
Democratic Republic of Congo	18 March 1996
Republic of Korea	9 January 1995
Cuba	17 May 1995
Kuwait	8 March 1996
Lesotho	12 November 2001
Lebanon	5 October 2000
Liberia	22 September 2004
Lithuania	1 February 1996
Malawi	11 June 1996
Maldives	20 April 2004
Mali	26 February 1999
Mauritania	17 November 2004
Moldova	28 November 1995
Mongolia	24 January 2002
Mozambique	14 September 1999
Namibia	28 November 1994
Nicaragua	5 July 2005
Niger	5 October 1998
Nigeria	28 June 2001
Zambia	7 October 1998
Saudi Arabia	23 September 1997
Sierra Leone	25 April 2001
Sri Lanka	3 January 1994
Saint Vincent and the Grenadines	1 August 2001
South Africa	10 December 1998
Swaziland	26 March 2004
Syria	19 August 2004
Tajikistan	January 11, 1995
Timor-Leste	16 April 2003
Chad	9 June 1995
Turkmenistan	25 June 1999
Uzbekistan	28 September 1995
United States	21 October 1994

The following states have declared that they should continue to be bound by the Convention:

States:	Date of deposit of the Declaration of Continuity:
Bosnia and Herzegovina	1 September 1993
the former Yugoslav Republic of Macedonia	12 December 1994
Serbia and Montenegro	12 March 2001
Slovakia	28 May 1993

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

Equatorial Guinea:

1.		The Government of Equatorial Guinea hereby declares, in accordance with Article 28 of this Convention, that it does not recognise the competence of the Committee provided for in Article 20 of the Convention.
2.		With regard to the provisions of Article 30, the Government of Equatorial Guinea declares that it does not consider itself bound by paragraph 1 of this Article.

Bahrain:

The Kingdom of Bahrain does not consider itself bound by the provisions of Article 30 (1) of the Convention.

Bangladesh:

The Government of the People's Republic of Bangladesh shall apply Article 14 (1) in accordance with the existing laws and other laws of the country.

Botsuana:

The Government of the Republic of Botswana considers itself to be bound by Article 1 of the Convention as 'torture' of torture and inhuman or degrading punishment or other treatment, as referred to in Section 7 of the Constitution of the Republic of Botswana forbidden, shall mean.

Ghana:

The Government of the Republic of Ghana declares, in accordance with Art. 30 (2) of this Convention, that the subjugation of disputes between States Parties on the interpretation or application of this Convention shall be subject to arbitration or to the International The Court of Justice shall, in accordance with Article 30 (1), take place with the consent of the parties concerned and not one or more of the parties '.

Holy See:

The Holy See, in so far as it becomes a contracting party to the Convention on behalf of the Vatican City State, shall apply it in the light of its compatibility with the special nature of that State.

Indonesia:

Explanation:

The Government of the Republic of Indonesia declares that the provisions of Article 20 (1), (2) and (3) of the Convention shall be complied with under strict observance of the principles of the sovereignty and territorial integrity of States.

Reservation:

The Government of the Republic of Indonesia does not consider itself bound by Art. 30 (1) and considers that disputes relating to the interpretation and application of the Convention, which are not in accordance with the provisions of paragraph 1 of that Article. , the International Court of Justice can only be referred to the International Court of Justice with the consent of all parties to the dispute.

Qatar:

Reservation:

a)		any interpretation of the provisions of the Convention, which is incompatible with the rules of Islamic law and the Islamic religion; and
b)		of the Committee, as provided for in Articles 21 and 22 of the Convention.

Kuwait:

Reservations on Article 20 and Article 30 (1) of the Convention.

Cuba:

The Government of the Republic of Cuba declares, in accordance with Article 28 of the Convention, that an appeal must be made to the provisions of Article 20 (1), (2) and (3) under strict observance of the principle of the sovereignty of States, and that the provisions of Article 28 of the Convention shall be subject to the provisions of have to be applied with the prior consent of the States Parties. In the context of the provisions of Article 30 of the Convention, the Government of the Republic of Cuba is of the opinion that disputes between parties should be resolved through negotiations on a diplomatic path.

Mauritania:

Reservation on Art. 20:

The Mauritanian Government does not recognise the competence accorded to the Committee in accordance with Article 20.

Reservation on Art. 30 (1):

In accordance with Article 30 (2) of the Convention, the Government of Mauritania is not bound by paragraph 1 of this Article, which provides that in the event of a dispute concerning the interpretation or application of the Convention, one of the Parties shall: May submit dispute to the International Court of Justice on request.

Saudi Arabia:

The Kingdom of Saudi Arabia does not recognise the competence of the Committee against Torture provided for in Article 20 of the Convention.

The Kingdom of Saudi Arabia does not consider itself bound by the provisions of Article 30 (1).

South Africa:

The Republic of South Africa declares that, for the purposes of Article 30 of the Convention, it is the jurisdiction of the International Court of Justice to settle disputes between two or more States Parties on the interpretation or application of this Convention.

Syria:

In accordance with Article 28 (1) of the Convention, the Syrian Arab Republic does not recognise the competence of the Committee against Torture provided for in Article 20 of this Convention.

United States:

The United States is bound by the obligation of Article 16 to prevent "cruel, inhuman or degrading treatment or punishment" only in so far as the words "cruel, inhuman or degrading treatment or punishment" are not binding. Sentence " the one through the 5., 8. and/or 14. Amendment of the Constitution of the United States prohibited cruel, uncommon and inhuman treatment or punishment.

In accordance with Article 30 (2), the United States shall declare itself not to be bound by Article 30 (1) but to reserve the right, in a particular case, to comply with this or any other arbitration procedure.

Explanations:

1.			As regards Article 1, the United States takes the view that in order to comply with the facts of torture, an act must specifically aim to inflict severe physical or mental pain or suffering, and that mental health (1) the deliberate or threatened infliction of severe physical pain or suffering; (2) the administration or administration or the threatened administration; or Use of awareness-changing substances or other processes which (3) the threat of immediate death, or (4) the threat that another person shall be responsible for immediate death, severe physical pain or suffering, or the administration or application of the Consciousness of changing substances or other processes that intend to destroy the senses or the personality will be subject to, caused or resulting from it.
b.			The United States considers that the definition of torture in Article 1 relates only to acts directed against persons in the custody or physical control of the perpetrator.
c.			The United States is of the opinion, with regard to Article 1 of the Convention, that the term "sanctions" is subject to sanctions imposed by law and to others under the law of the United States or by the interpretation of that law. Enforcement measures include. The United States, however, considers that a State Party must not be allowed to thwart the objective and purpose of the Convention, which prohibits torture, by its national sanctions.
d.			The United States, with regard to Article 1 of the Convention, considers that the expression "consent" implies that the public service is aware of the act of torture, that act is aware of that act. and then to intervene in its legal obligation to put an end to such an act.
e.			The United States is of the opinion, with regard to Article 1 of the Convention, that failure to comply with the applicable legal procedural standards is not per se torture.
2.		The United States considers that the half-sentence "if there are valid grounds for believing that it is in danger of being tortured" in paragraph 3 of the Convention means "if it is more likely that it will be tortured." "
3.		The United States considers that Article 14 requires States Parties to ensure that only those acts of torture are subject to a enforceable right to compensation in respect of an area under the jurisdiction of the respective parties. State of the Treaty has been committed.
4.		The United States considers that international law does not bans the death penalty and that this Convention is in accordance with the 5th, 8th and 8th. and/or 14. Amendment to the Constitution of the United States, including the constitutional detention period prior to the imposition of the death penalty, neither limited nor prohitionable.
5.		The United States considers that this Convention should be applied by the United States Government in so far as it provides for legislation and case law on matters covered by the Convention. , otherwise by the governments of the states and the local governments. Accordingly, in the implementation of Articles 10 to 14 and 16, the Government of the United States has to take the necessary measures with a view to the federal system in order to ensure that the competent authorities of the United States of America shall be able to take appropriate measures to comply with the Convention.
6.		The United States shall declare that the provisions of Articles 1 to 16 are not self-executing.

According to statements by the Secretary-General of the United Nations, the following states have made statements pursuant to Art. 21 and 22:

According to Art. 21 and Article 22:

Belgium, 25 June 1999

Chile on 15 March 2004

Costa Rica on 27 February 2002

Germany at 19. October 2001

Georgia on 30 June 2005

Ghana on 7 September 2000

Ireland on 11 April 2002

Iceland on 23. October 1996

Cameroon 12. October 2000

Paraguay on 29 May 2002

Peru on 17. October 2002

Senegal on 16. October 1996

Serbia and Montenegro on 12 March 2001

Slovakia on 17 March 1995

South Africa on 10 December 1998

Czech Republic on 3 September 1996

Ukraine on 12 September 2003

Venezuela on 26 April 1994

According to Art. 21:

Japan on 29 June 1999

Uganda on 19 December 2001

United States on 21 December October 1994

According to Art. 22:

Azerbaijan on 4 February 2002

Bosnia and Herzegovina on 4 June 2003

Burundi on 10 June 2003

Guatemala on 25 September 2003

Mexico on 15 March 2002

Seychelles on 6 August 2001

According to other communications from the Secretary-General of the United Nations, the following countries have made further statements, or Reservations withdrawn:

Belarus:

The Government of the Republic of Belarus informed the Secretary-General of the United Nations 3. 1 October 2001, the reservation declared on the occasion of the signature and confirmed at the time of ratification 1 to withdraw:

"The Soviet Socialist Republic of Belarus does not recognise the competence of the Committee against Torture as set out in Article 20 of the Convention."

Chile:

The Government of the Republic of Chile informed the Secretary-General of the United Nations on 3 September 1999, the following reservation declared on the occasion of the ratification. 2 to withdraw:

"The Government of Chile does not consider itself bound by the provisions of Article 30 (1) of the Convention."

Czechoslovakia:

On 17 March 1995 and 3 September 1996, the Governments of Slovakia and the Czech Republic informed the Secretary-General of their decision, which was declared by Czechoslovakia on the occasion of the signing ceremony and confirmed the ratification. Reservation 3 to Article 20.

According to a further note by the Secretary-General of the United Nations, the People's Republic of China, with effect from 20 December 1999, has decided that the Convention will also apply to the Macao Special Administrative Region. The Government of the People's Republic of China has stated that:

The reservation applied by the Government of the People's Republic of China to Articles 20 and 30 (1) of the Convention shall also be applied to the Special Administrative Region of Macao.

The Government of the People's Republic of China will assume the responsibility for the international rights and obligations arising from the application of the Convention to the Special Administrative Region of Macao.

Bowl