Reservations and Declarations for Treaty No.108 - Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Nature of declaration : Objections
Status as of 18/06/2018

Cyprus

Objection contained in a Note Verbale from the Permanent Representation of Cyprus, dated 26 July 2016, registered at the Secretariat General on 29 July 2016 - Or. Engl.

The Republic of Cyprus has examined the declaration deposited by the Republic of Turkey upon ratification of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108), 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 for the Protection of Individuals with regard to Automatic Processing of Personal Data 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, which, it is to be noted, expressly provides that no reservations may be made in respect to its provisions. 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.
Period covered: 29/07/2016 -
Articles concerned : -


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