3 Chris Ingelse, United Nations Committee Against Torture: An Assessment (Kluwer Law International 2001) 84, 157, 172, 393; Ahcene Boulesbaa, The UN Convention on Torture and the Prospects for Enforcement (Martinus Nijhoff 1999) 272.
4 Proposal by the Byelorussian Soviet Socialist Republic (1984) A/C.3/39/L.66.
5 See above Art 20, § 11–33.
6 J Herman Burgers and Hans Danelius, The United Nations Convention against Torture: A Handbook on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Martinus Nijhoff 1988) 99–100.
7 Commission on Human Rights Res 1984/21 (1984) UN Doc E/CN.4/RES/1984/21 (Draft Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment); see also Burgers and Danelius (n 6) 101.
8 Burgers and Danelius (n 6) 103.
9 ibid; Summary Records of the Sixtieth and Sixty-first Meeting of the Third Committee, Thirty-ninth Session (1984) UN Doc A/C.3/39/SR.60 and A/C3/39/SR.61.
10 Draft Resolution Submitted by the Netherlands to the General Assembly (1984) UN Doc A/C.3/39/L.40; in addition to Argentina, the Netherlands, and Sweden, the draft resolution was sponsored by Bolivia, Colombia, Costa Rica, Denmark, the Dominican Republic, Finland, Gambia, Greece, Norway, Samoa, and Spain.
11 Afghanistan, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Mongolia, Poland, the Ukrainian Soviet Socialist Republic, and Vietnam.
12 A/C.3/39/L.49 and L.50.
13 Burgers and Danelius (n 6) 104. This proposal went further than an earlier amendment put forward by the Ukrainian Soviet Socialist Republic in February 1984, interlinking Art 20 only with Art 21; Report of the Working Group of the Commission on Human Rights (1984) UN Doc E/CN.4/1984/72, para 52.
14 A/C.3/39/L.66 (n 4); and Burgers and Danelius (n 6) 104.
15 It appears noteworthy that the Byelorussian Soviet Socialist Republic had not co-sponsored the amendment A/C.3/39/L.50 of 1984 tabled by the USSR.
16 Deletion of ‘or suggestions’ in Report of the Third Committee, 39th Session (1984) UN Doc A/39/708, para 10; Burgers and Danelius (n 6) 105.
17 Replacing ‘information’ by ‘reliable information’; replacing ‘reliable indications’ by ‘well-founded indication’; inserting ‘to co-operate in the examination of the information and to this end’ after the words ‘the Committee shall invite that State Party’ in A/39/708 (n 16) para 11; Burgers and Danelius (n 6) 105. See above Art 20, §§ 30–33.
18 Insertion of ‘and at all stages of the proceedings the co-operation of the State Party shall be sought’ at the end of the first sentence; replacing in the second sentence ‘at its discretion’ by ‘after consultations with the State party concerned’; A/39/708 (n 16) para 11; Burgers and Danelius (n 6) 105. See above Art 20, §§ 30–33.
19 Burgers and Danelius (n 6) 105.
20 A/C.3/39/L.50, L.63, L.64; A/39/708 (n 16) para 13.
21 A/C.3/39/L.67: insertion of ‘general’ before ‘comments’ in Art 19(3) and (4).
22 A/39/708 (n 16) paras 14, 18.
23 Burgers and Danelius (n 6) 104; see also above § 3.
25 See Appendices A3 and A4.
26 CAT, ‘Report of the Committee Against Torture’ (1998) UN Doc A/53/44, Annex II. The 11 States parties listed there were: Afghanistan, Bahrain, Belarus, Bulgaria, China, Cuba, Israel, Kuwait, Morocco, Saudi Arabia, and the Ukraine.
27 For the latest annual report publishing the list see CAT, ‘Report of the Committee Against Torture Fifty-First Session (28 October–22 November 2013) Fifty-Second Session (28 April–23 May 2014)’ (2014) UN Doc A/69/44, Annex 2. On the word limit of the Committee’s annual report see above Art 24, § 19.
30 As of December 2017, the States parties that have later withdrawn their reservations under Art 28 are: Bahrain, Belarus, Bulgaria, Chile, Czech Republic, Guatemala, Hungary, Morocco, Russian Federation, Slovakia, Ukraine, Zambia.
31 As of December 2017, the fourteen opting-out States are in the Asia Pacific Group: Afghanistan, China, Fiji, Kuwait, Lao People’s Democratic Republic, Pakistan, Saudi Arabia, Syria, United Arab Emirates, and Vietnam; in the African group: Equatorial Guinea, Eritrea, Mauritania; in the Western Europe and Other Group: Israel. The situations of Cuba and Poland are somewhat unclear and need further explanations: Cuba ratified the Convention on 17 May 1995 with a declaration stating: ‘in accordance with article 28 of the Convention, that the provisions of paragraphs 1, 2 and 3 of article 20 of the Convention will have to be invoked in strict compliance with the principle of the sovereignty of States and implemented with the prior consent of the States Parties.’ The Committee has included Cuba in its ‘black list’ of opting out States from 1998 to 2000 (A/53/44, Annex II; A/54/44, Annex II; A/55/44, Annex II; A/56/44, Annex II) and then again in 2007 (A/62/44, Annex II), but not in its annual reports from 2002 to 2006 (from A/57/44 to A/61/44) and from 2008 (from A/53/44 to A/69/44). Cuba was also classified as an opting-out State in the first edition of this Commentary. However, given that as of 2008 the Committee has no longer included Cuba in the list and the UN Treaty Collection does not report any reservations/declarations under Art 28 other than that made upon ratification, the authors of this Commentary have decided to revise their previous interpretation and—in light of the available information—consider Cuba as bound by the inquiry procedure under Art 28 CAT. With regard to Poland, the Committee has not included Poland in the lists of opting out States published in its Annual Reports from 1998 until 2005. But Poland was included in the Committee’s lists from 2005 until 2009 (A/60/44, Annex II; A/61/44, Annex II; A/62/44, Annex II; A/63/44, Annex II; A/64/44, Annex II), and then was removed again from the Committee’s lists as of 2009 (A/64/44, Annex II; A/65/44, Annex II; A/66/44, Annex II; A/67/44, Annex II; A/68/44, Annex II, A/69/44, Annex II). The ‘UN Treaty Collection—Status of Treaties’ website reports that Poland has made a reservation to Article 20 upon signature, but neither the text of the reservation nor its withdrawal are reported under the webpage ‘UN Treaty Collection website—Depositary Notifications’.
See also Appendices A3 and A4.
33 See Fiji, Lao People’s Democratic Republic, Pakistan, Syria, United Arab Emirates, Vietnam. See also Appendices A3 and A4.
34 See Equatorial Guinea, Eritrea, and Mauritania. See also Appendices A3 and A4
35 cf below Art 21, 3.2; Art 22, 3.1; see also Appendix A3.
36 Similarly Indonesia: see below Appendix A4.
37 Objections were made by the UK, France, Luxembourg, Sweden, Austria, Denmark, Norway, Canada, Greece, Spain, Switzerland, Italy, Portugal, Australia, Finland, New Zealand, and the Netherlands. See Appendix A4.