Tipo

Adhesión

Objection:

22-03-2022
(Translation) (original: German)
The Government of the Federal Republic of Germany has carefully examined the declaration dated 5 October 2021 made by the Government of the Republic of Indonesia on the occasion of the accession of the Republic of Indonesia to the Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents (hereinafter referred to as "the Convention").

The declaration by the Government of the Republic of Indonesia pursuant to which it is bound by the provisions of Article 1 on the scope of public documents in the Convention, provided that the documents issued by the prosecutor office as the prosecuting body in the Republic of Indonesia are not included in public documents whose requirements of legalization have been abolished as set forth in this Convention, constitutes a reservation, since the purpose of the declaration made by the Government of the Republic of Indonesia is to limit the legal effect of Article 1 of the Convention as applied to the Republic of Indonesia.

Article 1(2) of the Convention provides that documents emanating from a public prosecutor shall be deemed to be public documents, unless the documents are executed by diplomatic or consular agents or relate to administrative documents dealing directly with commercial or customs operations.

Public prosecutors are an authority or an official connected with the courts or tribunals of the State; consequently, documents issued by them in this capacity are to be deemed as public documents covered by the Convention within the meaning of Article 1. A reservation excluding these documents from exemption from legalization is not compatible with the object and purpose of the Convention. The reservation made by the Republic of Indonesia is therefore inadmissible.

The Federal Republic of Germany objects to this reservation by the Republic of Indonesia. This objection does not prevent the entry into force of the Convention between the Federal Republic of Germany and the Republic of Indonesia.