1 On the controversial discussions as to the permissibility of reservations to the Protocol see below Art 30 OP, 2.2.
3 Kazakhstan, Montenegro, Romania, Hungary, Bosnia and Herzegovina, Germany, and the Philippines.
4 Letter dated 15 January 1991 from the Permanent Representative of Costa Rica to the United Nations at Geneva addressed to the Under-Secretary-General for Human Rights (1991) UN Doc E/CN.4/1991/66.
5 Report of the Working Group on the Draft Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on its Fourth Session (1996) UN Doc E/CN.4/1996/28, Annex I.
8 For these discussions see the analysis below Art 30 OP, 2.2.
9 Report of the Working Group on a Draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on its Tenth Session (2002) UN Doc E/CN.4/2002/78, para 51.
13 CHR Res 202/33 of 22 April 2002. See above Art 1 OP, 2.2.
14 See above Art 11 OP, 3.
16 See above Art 28, 3; Art 30 OP, 3.
17 Kazakhstan ratified the Protocol on 28 October 2008, invoking the Russian version of its text to make a declaration under Art 24 OP postponing the establishment of its NPM. The declaration was made on 8 February 2010.
18 See SPT, ‘Third Annual Report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’ (2010) UN Doc CAT/C/44/2, para 48; Secretary-General, ‘Corrections to the Original Text of the Optional Protocol (Authentic Russian and Spanish Texts) and to the Certified True Copies’ <http://treaties.un.org/Publication/CN/2010/CN.244.2010-Eng.pdf> accessed 20 November 2017.
20 Germany made a declaration under Art 24 on 23 March 2012, stating that ‘[t]he 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.’
22 CAT, ‘Concluding Observations: The Philippines’ (2009) UN Doc CAT/C/PHL/CO/2, para 7.
23 GA, ‘Report of the Working Group on the Universal Periodic Review: Philippines’ (2012) UN Doc A/HCR/21/12, para 129.18.
24 See also APT and IIDH, Optional Protocol to the United Nations Convention against Torture: Implementation Manual (2nd rev edn, APT and IIDH 2010), 105.