Reservations and Declarations for Treaty No.182 - Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

Nature of declaration : Objections
Status as of 24/08/2019

Greece

Objection contained in a Note Verbale from the Permanent Representation of Greece, dated 30 May 2017, registered at the Secretariat General on 1 June 2017 - Or. Engl.

The Government of the Hellenic Republic has examined the Declaration made by the Republic of Turkey upon ratification, on 11 July 2016, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, which raises grave concerns both from a political and a legal point of view.

This declaration is politically unacceptable to the extent that a Member State of the United Nations and other regional organisations, such as the European Union and the Council of Europe, is designated as defunct, contrary to the relevant decisions and resolutions of these organisations.

Likewise, this declaration is problematic from the legal point of view in so far as it provides that the signing/ratification by Turkey of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters 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 Protocol. In fact, this statement amounts to a reservation, as it purports to exclude the application of the Protocol in its entirety between Turkey and the Republic of Cyprus. This is, however, contrary to Article 33, paragraph 2, of the Protocol, which explicitly mentions that, with the exception of Articles 16, 17, 18, 19 and 20 thereof, no other reservations may be made.

In light of the above, the Government of the Hellenic Republic considers that the aforesaid Turkish reservation is impermissible as it is prohibited by Article 33, paragraph 2, of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters as well as contrary to the object and purpose of this Protocol to the extent that it prevents the realisation of inter-State cooperation under the said Protocol.

The Government of the Hellenic Republic, therefore, objects to the declaration made by the Republic of Turkey upon ratification of the above Protocol.

This objection shall not preclude the entry into force of the Protocol between the Hellenic Republic and the Republic of Turkey.
Articles concerned : -


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