Статус Факультативного протокола к Конвенции против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания (Нью-Йорк, 18 декабря 2002 года) [рус., англ.]

Вступление в силу: 22.06.2006

OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

Status as at: 29-10-2026

Entry into force: 22 June 2006, in accordance with article 28(1) which reads as follows: "1. The present Protocol shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State ratifying the present Protocol or acceding to it after the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession, the present Protocol shall enter into force on the thirtieth day after the date of deposit of its own instrument of ratification or accession".

Registration: 22 June 2006, No. 24841

Status: Signatories: 76. Parties: 96

Text: Certified true copy

United Nations, Treaty Series, vol. 2375 p. 237; GA Resolution  A/RES/57/199 of 9 January 2003. C.N.25.2010.TREATIES-1 of 29 January 2010 (Proposal of corrections to the original text of the Optional Protocol (authentic Russian and Spanish texts) and to the certified true copies; C.N.244.2010.TREATIES-3 of 30 April 2010 (Corrections to the original text of the Optional Protocol (authentic Russian and Spanish texts) and to the certified true copies.
Note: The above Protocol was adopted on 18 December 2002 at the fifty-seventh session of the General Assembly of the United Nations by resolution A/RES/57/199. In accordance with article 27 (1), the Protocol was opened for signature on 4 February 2003, the first possible date, by any State that has signed the Convention. In accordance with operative paragraph 1 of General Assembly resolution  A/RES/57/199, the Protocol is available for signature, ratification and accession at United Nations Headquarters in New York.

DECLARATIONS AND RESERVATIONS

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

Australia

Declaration:

«In accordance with Article 24 of the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, Australia declares the postponement of the implementation of Australia's obligations under Part IV of the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, for three years.»

Azerbaijan

Declaration:

«The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from occupation.»

Belgium

Declaration made upon signature: This signature also engages the French community, the Flemish community, the German-speaking community and the Waloon region.

Bosnia and Herzegovina <6>

23 March 2012

Declaration:

«In accordance with article 24 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Bosnia and Herzegovina postpones the implementation of its obligations under part IV of the present Optional Protocol, related to the designation of the national preventive mechanism, for a period no longer than three years.»

France

Declaration:

Pursuant to articles 15 and 21 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, no French authority or official shall order, apply, permit or tolerate any sanction against any person or organization for having communicated to the Subcommittee on Prevention or to its delegates or to the national preventive mechanism any information, whether true or false, and no such person or organization shall be otherwise prejudiced in any way, provided that, in the case of false information, the person or organization in question was unaware of the false nature of the information at the time of its communication and, moreover, without prejudice to the legal remedies that persons who are implicated may invoke for harm suffered as a result of the communication of false information about them.

Germany

Declaration:

«The distribution of competences within the Federal Republic of Germany means that a treaty between the Länder (federal states), which requires parliamentary approval, is needed in order to establish the national preventive mechanism at Länder level. Because of this requirement, Germany shall postpone the implementation of its obligations under Part IV of the Optional Protocol. The Subcommittee will be informed as soon as possible of the date from which the national prevention mechanism is operational.»

Hungary

7 February 2012

Declaration:

«In accordance with Article 24 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Hungary declares the postponement for three years of the implementation of the obligations under Part IV of the Optional Protocol, concerning national preventive mechanisms.»

Kazakhstan <7>

8 February 2010

Declaration

«In accordance with Article [24], paragraph 1 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Republic of Kazakhstan hereby postponing the implementation of its obligations under part IV of the present Optional Protocol.»

Montenegro

Declaration:

«The Government of Montenegro makes the following Declaration in relation to article 24 of the Optional Protocol:»

In accordance with the article 24 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Montenegro postpones the implementation of its obligations under part IV of the present Optional Protocol for two years after the date of the entrance into force of the Optional Protocol.»

Philippines

«In accordance with Part V, Article 24 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, the Republic of the Philippines hereby declares the postponement of the implementation of its obligations under Part III of the Optional Protocol, specifically Article 11 (1)(a) on the visitations by the Subcommittee on Prevention to places referred to in Article 4 and for them to make recommendations to States Parties concerning the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment.»

Romania

Declaration:

«In accordance with Article 24, paragraph 1 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Romania declares that it postpones for three years the implementation of the obligations under Part IV of the Optional Protocol, concerning national preventive mechanisms.»

Notifications made under article 17 (Unless otherwise indicated, the notifications were made upon ratification, accession or succession.)

Azerbaijan

«The Ministry of Foreign Affairs of the Republic of Azerbaijan... has the honour to inform that the Commissioner of the Human Rights (Ombudsman) of the Republic of Azerbaijan was designated by the Decree of the President of the Republic of Azerbaijan No. 112, dated January 13, 2009 as the national preventive mechanism according to Article 17 of the (United Nations) Optional Protocol to the Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment.»

North Macedonia

«In accordance with Article 17 of the Protocol, the Republic of Macedonia declares that the Ombudsman of the Republic of Macedonia is designated as a national preventive mechanism for the prevention of torture at the domestic level.»

The non-governmental organizations registered in the Republic of Macedonia and organizations which have acquired the status of humanitarian organizations in the Republic of Macedonia, may perform some of the competences of the national preventive mechanism, in agreement with, and with prior consent of the Ombudsman of the Republic of Macedonia.»

Slovenia

«In accordance with Article 17 of the Protocol, the Republic of Slovenia declares herewith that the competencies and duties of the national preventive mechanism will be performed by the Human Rights Ombudsperson and in agreement with him/her also by non-governmental organisations registered in the Republic of Slovenia and by organisations, which acquired the status of humanitarian organisations in the Republic of Slovenia.»

Territorial Application

Participant Date of receipt of the Territories notification

United Kingdom of Great 24 Feb 2014 Isle of Man Britain and Northern Ireland

End Note

1. With a territorial exclusion in respect of the Faroe Islands.

Subsequently, on 29 August 2005, the Government of Denmark informed the Secretary-General of the following: