Aviso n.º 120/2008, de 17 de Julho de 2008

Aviso n. 120/2008

Por ordem superior se torna público ter o Governo da Suécia efectuado, junto do Secretário -Geral das Naçóes Unidas, em 30 de Junho de 2004, uma objecçáo às declaraçóes e reservas formuladas pelo Governo da Turquia no momento da adesáo ao Pacto Internacional sobre os Direitos Civis e Políticos, adoptado em Nova Iorque em 16 de Dezembro de 1966, adiante denominado o Pacto.

Notificaçáo

The Government of Sweden has examined the declarations and reservation made by the Republic of Turkey upon ratifying the International Covenant on Civil and Political Rights.

The Republic of Turkey declares that it will implement the provisions of the Covenant only to the State parties with which it has diplomatic relations. This statement in fact amounts, in the view of the Government of Sweden, to a reservation. The reservation of the Republic of Turkey makes it unclear to what extent the Republic of Turkey considers itself bound by the obligations of the Covenant. In absence of further clarification, therefore, the reservation raises doubt as to the commitment of the Republic of Turkey to the object and purpose of the Covenant.

The Republic of Turkey furthermore declares that the Covenant is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied. This statement also amounts, in the view of the Government of Sweden, to a reservation. It should be recalled that the duty to respect and ensure the rights recognized in the Covenant is mandatory upon State parties in relation to all individuals under their jurisdiction. A limitation to the national territory is contrary to the obligations of State parties in this regard and therefore incompatible with the object and purpose of the Covenant.

The Government of Sweden notes that the interpretation and application of article 27 of the Covenant is being made subject to a general reservation refer-

4460 ring to the Constitution of the Republic of Turkey and the Treaty of Lausanne of 24 July 1923 and its appendixes. The general reference to the Constitution of the

Republic of Turkey, which, in the absence of further clarification, does not clearly specify the extent of the

Republic of Turkey's derogation from the provision in question, raises serious doubts as to the commitment of the Republic of Turkey to the object and purpose of the Covenant.

The Government of Sweden furthermore wishes to recall...

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