A-51:  INTER-AMERICAN CONVENTION TO

PREVENT AND PUNISH TORTURE
 

(Adopted at Cartagena de Indias, Colombia, on December 9, 1985, at

the fifteenth regular session of the General Assembly)

ENTRY INTO FORCE:           28 February 1987, in accordance with Article 22 of the
     Convention.

DEPOSITARY:                    OAS General Secretariat (Original instrument and ratifications).

TEXT:                              OAS, Treaty Series, Nº 67.

UN REGISTRATION:
 

DECLARATIONS/RESERVATIONS/DENUNCIATIONS/WITHDRAWALS

REF = REFERENCE                                   INST = TYPE OF INSTRUMENT

D = DECLARATION                                  RA = RATIFICATION

R = RESERVATION                                  AC = RECOGNITION

                                                          AD = ACCESSION

 1.       Chile:  (Reservations made at the time of ratification)

          a)      To Article 4, to the effect that, inasmuch as it alters the principle of "automatic obedience" established in Chile's domestic law, the Government of Chile will enforce the provisions of that international rule in respect of subordinate personnel subject to the jurisdiction of the Code of Military Justice, provided that execution of an order whose obvious intent is the perpetration of the acts stipulated in Article 2, is not demanded by the superior over the subordinate's representation.

          b)      With regard to the final paragraph of Article 13, because of the discretionary and subjective way in which the rule is drafted.

          c)      The Government of Chile states that in its relations with the countries of the Americas that are Parties to the present Convention, it will apply this Convention in those cases where there is incompatibility between its provisions and those of the Convention against torture and other Cruel, Inhuman, or Degrading Treatment or Punishment, adopted by the United Nations in 1984.

          d)      With regard to the third paragraph of Article 8, since a case may only be submitted to the international fora whose competence has been recognized by the State of Chile.

Withdrawal of Reservations:

On August 21, 1990 deposited an instrument dated May 18, 1990, withdrawing the reservations formulated by the Government of Chile to Article 4 and to the final paragraph of Article 13 of the Convention.

2.        Guatemala:

          (Reservation made at the time of signature)

The Republic of Guatemala does not accept the application nor shall it apply the third paragraph of Article 8, because in conformance with its domestic legal procedures, when the appeals have been exhausted, the decision acquitting a defendant charged with the crime of torture becomes final and may not be submitted  to any international fora.

Withdrawal of Reservations:

On October 1, 1990, deposited at the General Secretariat, an instrument dated August 6, 1990, withdrawing the reservation made by the Government of Guatemala at the time of signing the Convention and reiterated at the time of ratifying it on December 10, 1986.