Corps de surveillance
Classification du traité
Entrée en vigueur
Date de lentrée en vigueur
Signé par le Canada
Date de la signature du Canada
Ratification/adhésion du Canada au traité
Date de ratification/adhésion du Canada
Déclarations, objections et/ou réserves du Canada
|Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants||Committee Against Torture||Core UN human rights treaty||droits civils et politiques||United Nations General Assembly||1984-12-10||Yes||1987-06-26||Yes||1987-06-26||Yes||1987-06-24||Yes||Declaration:|
13 November 1989
"The Government of Canada declares that it recognizes the competence of the Committee Against Torture, pursuant to article 21 of the said Convention, to receive and consider communications to the effect that a state party claims that another state party is not fulfilling its obligations under this Convention.
"The Government of Canada also declares that it recognizes the competence of the Committee Against Torture, pursuant to article 22 of the said Convention, to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a state party of the provisions of the Convention."
27 June 2011
With regard to the reservations made by Pakistan upon ratification:
“The Government of Canada has carefully examined the reservations made by the Government of the Islamic Republic of Pakistan upon ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in accordance with which the Government of the Islamic Republic of Pakistan declares that:
The provisions of Articles 4, 6, 12, 13 and 16 ‘shall be so applied to the extent that they are not repugnant to the Provisions of the Constitution of Pakistan and the Sharia laws’.
The Government of Canada considers that a reservation which consists of a general reference to national law or to the prescriptions of the Islamic Sharia constitutes, in reality, a reservation with a general, indeterminate scope. Such a reservation makes it impossible to identify the modifications to obligations under the Convention that it purports to introduce and impossible for the other States Parties to the Convention to know the extent to which Pakistan has accepted the obligations of the Convention, an uncertainty which is unacceptable, especially in the context of treaties related to human rights.
The Government of Canada notes that the above-mentioned reservations made by the Government of the Islamic Republic of Pakistan, addressing many of the most essential provisions of the Convention, and aiming to exclude the obligations under those provisions, are incompatible with the object and purpose of the Convention, and thus inadmissible under article 19(c) of the Vienna Convention on the Law of Treaties. The Government of Canada therefore objects to the aforesaid reservations made by the Government of the Islamic Republic of Pakistan.
This objection does not preclude the entry into force in its entirety of the Convention between Canada and the Islamic Republic of Pakistan.”
|Document - 01 (www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx) - English||Document - 02 (www.ohchr.org/FR/ProfessionalInterest/Pages/CAT.aspx) - French||Document - 03 (tinyurl.com/HRIdoc/DOC-2018-06-01-01-01-01-021.pdf) - English||Document - 04 (tinyurl.com/HRIdoc/DOC-2018-06-01-01-01-01-111.pdf) - French|