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Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Azerbeidzjan | Ja | Nee |
| Denemarken | Ja | Nee |
| Duitsland | Ja | Nee |
| Estland | Ja | Nee |
| Finland | Ja | Nee |
| Frankrijk | Ja | Nee |
| Georgië | Ja | Nee |
| Israël | Ja | Nee |
| Letland | Ja | Nee |
| Malta | Ja | Nee |
| Moldavië | Ja | Nee |
| Monaco | Ja | Nee |
| Noord-Macedonië | Ja | Nee |
| Oekraïne | Ja | Nee |
| Polen | Ja | Nee |
| Portugal | Ja | Nee |
| Slovenië | Ja | Nee |
| Spanje | Ja | Nee |
| Tsjechië | Ja | Nee |
| Turkije | Ja | Ja |
| Verenigd Koninkrijk | Ja | Nee |
| Zweden | Ja | Nee |
| Zwitserland | Ja | Nee |
Azerbeidzjan
23-06-2010
The Republic of Azerbaijan declares that the rights and obligations set out in the
provisions of the Convention shall not be applied by the Republic of Azerbaijan in
respect of Armenia.
The Republic of Azerbaijan declares that it is unable to guarantee the implementation
of the provisions of the Convention in its territories occupied by the Republic of
Armenia (the Nagorno-Karabakh region of the Republic of Azerbaijan and its seven districts
surrounding that region), until the liberation of these territories from the occupation
and complete elimination of the consequences of that occupation [...].
Denemarken
19-09-2007
In accordance with Article 31, paragraph 2, of the Convention, Denmark reserves the
right not to apply Article 31, paragraph 1.e, of the Convention.
Denmark declares that the Convention shall not apply to the Faroe Islands and Greenland
until further decision.
Duitsland
19-12-2012
The Federal Republic of Germany reserves the right to apply the jurisdiction rules laid down in Article 31, paragraph 1(d), to offences under Article 20 of the Convention only in such cases in which the offender is found on the territory of the Federal Republic of Germany and is not extradited - provided those offences do not also, under German criminal law, constitute participation in an offence defined in Article 4 in conjunction with Article 18 of the Convention.
Estland
05-02-2015
According to Article 31, paragraph 2, of the Convention, the Republic of Estonia reserves
the right not to apply Article 31, paragraphs 1.d and e, of the Convention.
Finland
30-05-2012
Pursuant to Article 31, paragraph 2 of the Convention, the Republic of Finland declares that Finland will apply Article 31, paragraph 1 (d) when the offence is committed outside of the territorial jurisdiction of any State only if the offence is punishable under Finnish criminal law by imprisonment for more than six months; and Article 31, paragraph 1(e) only if the offence is punishable under Finnish criminal law by imprisonment for more than six months and if the offence is also punishable under criminal law where it was committed and it could have been punished also by a court of law in the foreign State.
Frankrijk
09-01-2008
In accordance with Article 31, paragraph 2, of the Convention, the French Government
declares that it will establish its jurisdiction on offences established in accordance
with Article 20 of this Convention and committed by its nationals outside the territory
of the French Republic, only if the offences are also punishable under the legislation
of the State where they have been committed, and if these offences are also the subject
either of a complaint from the victim or his/her beneficiaries, or of an official
denunciation from the authorities of the country where they have been committed.
In accordance with Article 31, paragraph 2, of the Convention, the French Government
declares that it will establish its jurisdiction on offences established by this Convention
and committed against one of its nationals outside the territory of the French Republic,
only if the offences are the subject either of a complaint from the victim or of an
official denunciation by the authorities of the country where they have been committed.
Georgië
14-03-2007
Georgia declares that, until the restoration of the territorial integrity of Georgia, the Convention shall apply on the part of the territory of Georgia where Georgia exercises its full jurisdiction.
Israël
28-05-2021
In accordance with Article 31, paragraph 2, of the Convention, the State of Israel reserves the right not to apply Article 31, paragraph 1.d or 1.e, of the Convention.
Letland
06-03-2008
In accordance with Article 31, paragraph 2, of the Convention, the Republic of Latvia declares that it reserves the right not to apply the jurisdiction rules laid down in paragraphs 1 (d) and (e).
Malta
30-01-2008
Regarding Article 31, paragraph 1, of the Convention, Malta declares that it will apply the jurisdiction rules set out in sub-paragraph (d) only when the offence is committed by one of its nationals. Malta declares that it will not apply the jurisdiction rules set out in sub-paragraph (e) of this article.
Moldavië
19-05-2006
Moldova declares that, until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention shall be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.
Monaco
30-11-2015
Pursuant to paragraph 2 of Article 31 of the Convention, the Principality of Monaco declares that it reserves the right not to apply the jurisdiction rules laid down in paragraphs 1 d) and 1 e) Article 31 of the Convention.
Noord-Macedonië
27-05-2009
In accordance with Article 31, paragraph 2, of the Convention, the Republic of Macedonia declares that it reserves the right to apply Article 31, paragraphs 1.d and 1.e, of the Convention in compliance with the conditions set forth in the Criminal Code of the Republic of Macedonia.
Oekraïne
16-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above Conventions, Protocols, Agreement, as applied to the aforementioned
occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility
of direct communication or interaction do not apply to the territorial organs of Ukraine
in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain
districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not
under control of Ukraine. The order of the relevant communication is determined by
the central authorities of Ukraine in Kyiv.
19-04-2022
The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.
07-12-2023
[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council
of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale
invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further
clarif[ies] that international treaties mentioned therein are implemented on the territory
of Ukraine in full, with the exception of the territories where hostilities are (were)
conducted, or temporarily occupied by the Russian Federation, on which it is impossible
to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the
relevant treaties as a result of the armed aggression of the Russian Federation against
Ukraine, as well as the introduction of martial law on the territory of Ukraine until
the complete cessation of encroachment on the sovereignty, territorial integrity and
inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text
Polen
17-11-2008
The Government of the Republic of Poland notes hereby that the effective realisation
of the Parties' obligations resulting from Article 25 of the Convention requires establishing
effective international legal and technical mechanisms concerning the exchange of
information on sentences passed by another Party, in relation to offences established
in accordance with the Convention.
Pursuant to Article 31, paragraph 2, of the Council of Europe Convention on Action
Against Trafficking in Human Beings, the Government of the Republic of Poland reserves
hereby that, in reference to Article 31, paragraph 1, letter d, of the Convention,
jurisdiction over any offence established in accordance with the Convention, when
the offence is committed by a stateless person who has his or her habitual residence
on the territory of the Republic of Poland, shall be established in respect to any
offence punishable by penalty exceeding two years of deprivation of liberty in accordance
with the Polish penal law, when the offender is present on the territory of the Republic
of Poland and when no decision on his or her extradition has been taken.
Portugal
27-02-2008
The Portuguese Republic declares that, with regard to the provisions contained in Article 31, paragraph 1, sub-paragraphs d) and e), of the Convention, it reserves the right not to apply the provisions thereof established, considering that the Portuguese criminal law establishes more rigorous and encompassing jurisdiction rules than the ones established in the said provisions of Article 31.
Slovenië
03-09-2009
Pursuant to Article 31, paragraph 2, of the Convention, the Republic of Slovenia declares that it reserves the right not to apply the jurisdiction rule laid down in Article 31, paragraph 1 (d), given that it cannot ensure the criminal prosecution of a stateless person who has his or her habitual residence in its territory, if the offence is committed outside the territorial jurisdiction of any State.
Spanje
02-04-2009
If the Council of Europe Convention on action against trafficking in human beings
were to be applied to Gibraltar, Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under
the responsibility of the United Kingdom and which is subject to a decolonisation
process in accordance with the relevant decisions and resolutions of the General Assembly
of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal
competences which have their origin and their foundation in a distribution and attribution
of competences performed by the United Kingdom in compliance with its internal legislation,
in its capacity as sovereign State on which the mentioned non-autonomous territory
depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the
application of this Convention will be understood as carried out exclusively as part
of the internal competences of Gibraltar and cannot be considered to modify in any
way what was established in the two previous paragraphs.
Tsjechië
29-03-2017
In accordance with Article 31, paragraph 2, of the Convention, the Czech Republic reserves the right not to apply in full the provisions of Article 31, paragraph 1.e, of the Convention and to apply it only in the extent as follows: when the offence was committed against one of the nationals of the Czech Republic in the territory of the Czech Republic or when the offence was committed against one of the nationals of the Czech Republic abroad if an offence is punishable in the place of its commission or if the place where such an offence was committed is not subject to any criminal jurisdiction.
Turkije
02-05-2016
Turkey declares that its ratification of the “Council of Europe Convention on Action against Trafficking in Human Beings” neither amounts to any form of recognition of the Greek Cypriot Administration's pretention to represent the defunct “Republic of Cyprus” as party to that Convention, nor should it imply any obligation on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus within the framework of the said Convention.
Bezwaar Cyprus, 29-07-2016
The Republic of Cyprus has examined the declaration deposited by the Republic of Turkey
upon ratification of the Convention on Action against Trafficking in Human Beings
(CETS No. 197), registered at the Secretariat General of the Council of Europe on
2 May 2016.
The Republic of Turkey declares that its ratification of the Convention against Trafficking
in Human Beings neither amounts to any form of recognition of the Republic of Cyprus,
as party to that Convention, nor should it imply any obligation on the part of the
Republic of Turkey to enter into any dealing with the Republic of Cyprus within the
framework of the said Convention.
In the view of the Republic of Cyprus, the content and purported effect of this declaration
makes it tantamount in its essence to a reservation contrary to the object and purpose
of the Convention. By such declaration, the Republic of Turkey purports to evade its
obligations under the Convention vis-à-vis another equal and sovereign State Party,
namely the Republic of Cyprus. Such declaration is incompatible with the principle
that inter-State reciprocity has no place in the context of human rights treaties.
Furthermore, it prevents the realization of cooperation between State Parties foreseen
by the Convention.
The Republic of Cyprus therefore strongly rejects the aforesaid declaration made by
the Republic of Turkey and considers such declaration to be null and void. The aforementioned
objections by the Republic of Cyprus shall not preclude the entry into force of the
Convention, in its entirety, between the Republic of Cyprus and the Republic of Turkey.
Bezwaar Griekenland, 31-01-2017
The Government of the Hellenic Republic has examined the declaration made by the Republic
of Turkey upon ratification, on May 2nd 2016, of the Council of Europe Convention
on Action against Trafficking in Human Beings.
The Republic of Turkey inter alia declares that its ratification of the Convention
should not imply any obligation on the part of Turkey to enter into any dealing with
the Republic of Cyprus within the framework of the said Convention.
The Government of the Hellenic Republic is of the view that the above declaration
in fact amounts to a reservation, as it purports to exclude the application of the
Convention in its entirety between Turkey and the Republic of Cyprus, and would like
to recall that according to Article 45 of the Convention, no reservation may be made
in respect of the provisions of this Convention, with the exception of the reservation
of Article 31, paragraph 2.
Furthermore, the Government of the Hellenic Republic notes that the above reservation
made by the Republic of Turkey to the Council of Europe Convention on Action against
Trafficking in Human Beings, which concerns the endowment of individuals with rights,
is incompatible with the principle that inter-State reciprocity has no place in the
context of human rights treaties. Such a reservation also prevents the realisation
of inter-State cooperation under the Convention.
The Government of the Hellenic Republic, therefore, considers that the aforesaid reservation
of Turkey is impermissible as prohibited by Article 45 of the Council of Europe Convention
on Action against Trafficking in Human Beings and as contrary to the object and purpose
of this Convention.
For the above reasons, the Government of the Hellenic Republic objects to the declaration
made by the Republic of Turkey upon ratification of the said Convention.
This objection shall not preclude the entry into force of the Convention between the
Hellenic Republic and the Republic of Turkey.
Bezwaar Portugal, 06-03-2017
The Government of the Portuguese Republic has examined the declaration made by the
Republic of Turkey upon ratification of the Council of Europe Convention on Action
against Trafficking in Human Beings.
The Portuguese Republic, as a European Union Member State, opposes the declaration
made by the Republic of Turkey since it describes another Member State, the Republic
of Cyprus, as a defunct entity.
Bezwaar Oostenrijk, 25-04-2017
The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the Council of Europe Convention on Action against Trafficking in Human Beings, adopted on 16 May 2005. It welcomes the ratification of the Convention by Turkey as a significant step in combatting human trafficking and the protection of human rights. However, as a member State of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member State, the Republic of Cyprus, as a defunct entity.
Verenigd Koninkrijk
17-12-2008
In accordance with Article 31, paragraph 2, of the Convention, the United Kingdom reserves the right not to apply Article 31, paragraph 1.d or 1.e, of the Convention.
Zweden
31-05-2010
In accordance with Article 31, paragraphs 1.e and 2, of the Convention, Sweden declares that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules solely on the basis that an offence established in accordance with this Convention is committed against a Swedish national.
Zwitserland
17-12-2012
Pursuant to Article 45 of the Convention, Switzerland reserves the right not to apply Article 31, paragraph 1.d, to stateless persons.