Concluding observations on the initial report of the Holy See
ADVANCE UNEDTED VE!S"N 1. The Committee against Torture considered the initial report of the Holy See (CAT/C/VAT/1) at its 122 th and 122! rd meetings" held on # and $ %ay 21& (CAT/C/S'.122 and CAT/C/S'.122!)" and adopted the follo(ing concluding o)ser*ations at its 12&# th " 12&$ th and
12&+ th meetings (CAT/C/S'.12&#" CAT/C/S'.12&$ and CAT/C/S'.12&+) held on 21 and 22 %ay 21&. A# ntroduction 2. The Committee (elcomes the initial report of the Holy See (CAT/C/VAT/1)" (hich follo(s the Committee,s -uidelines on the form and content of initial reports (CAT/C/&/'e*.!) re.uired under article 1/ on the measures they ha*e ta0en to gi*e effect to their underta0ings under the Con*ention against Torture and other Cruel" 1nhuman or 2egrading Treatment or 3unishment. Ho(e*er" it regrets that the report (as su)mitted nine years late. !. The Committee also appreciates the open and constructi*e dialogue (ith the high4 le*el delegation of the State party and the supplementary information pro*ided during the e5amination of the report. $# %ositive aspects &. The Committee (elcomes the fact that follo(ing the ratification of the Con*ention" the State party acceded to the Con*ention against Transnational 6rgani7ed Crime" on 2# 8anuary 212. #. The Committee also (elcomes the State party,s efforts to re*ise its legislation in areas of rele*ance to the Con*ention" including9 (a) The issuance motu proprio )y 3ope :rancis of an Apostolic ;etter <6n the 8urisdiction of 8udicial Authorities of Vatican City State in Criminal %atters=" on 11 8uly 21!. The letter (as promulgated and entered into force on 1 Septem)er 21!" esta)lishing the e5ercise of penal >urisdiction )y the 8udicial Authorities of Vatican City State o*er crimes (hose prosecution is re.uired )y international agreements ratified )y the Holy See. This modified Vatican City State legislation" specifically ;a( ?o. V111 on Supplementary ?orms on Criminal ;a( %atters" (hich )ecame effecti*e 1 Septem)er 21!" and (hich incorporates into the legal system the crime of torture" crimes against humanity and a definition of crimes against minors@ and ;a( ?. 1A (hich amends the Criminal Code and the Code of Criminal 3rocedure to pro*ide for >urisdiction o*er offenses committed )y pu)lic officials and citi7ens a)road and to set standards go*erning e5tradition" >udicial cooperation" mutual legal assistance" and other matters rele*ant to the Con*ention. ()) The issuance )y the Congregation for the 2octrine of the :aith of a Circular ;etter to Assist Bpiscopal Conferences in 2e*eloping -uidelines for 2ealing (ith Cases of Se5ual A)uses of %inors 3erpetrated )y Clerics" on ! %ay 211" (hich confirms" as esta)lished in the 21 Motu Proprio Sacramentorum Sanctitatis Tutela" that Cishops and %a>or Superiors are to refer all credi)le allegations of se5ual a)use of minors )y clerics to the Congregation for the 2octrine of the :aith. The Circular ;etter also esta)lishes" in its o(n (ords" that <the prescriptions of ci*il la( regarding the reporting of such crimes to the designated authority should al(ays )e follo(ed.= $. The Committee also (elcomes the efforts of the State party to amend its policies" programmes and administrati*e measures to gi*e effect to the Con*ention" including9 (a) The clear condemnation" in the Holy See,s report" of the use of torture and other acts of cruel" inhuman or degrading treatment or punishment as contrary to the dignity" integrity and identity of the human person and its references to the statements )y se*eral 3opes against torture and against the death penalty" including 3ope Cenedict AV1,s reminder" in 2+" to mem)ers of the 1nternational Commission for Catholic 3rison 3astoral Care" (hich represents prison chaplains from $2 countries" stating that <1 reiterate that the prohi)ition against torture cannot )e contra*ened under any circumstances=@ ()) The esta)lishment of a Special 6ffice (ithin the -o*ernorate of the Vatican City State to o*ersee the implementation of international agreements to (hich the Vatican City State is a party" on 1 August 21!@ (c) The creation of the 3ontifical Commission for the 3rotection of %inors" on # 2ecem)er 21!" to ser*e as an ad*isory committee to the 3ope" and its mem)ers, statement on ! %ay 21& that they *ie( ensuring accounta)ility as especially important@ (d) The statement )y 3ope :rancis" during a meeting (ith the 1nternational Catholic Child Cureau on 11 April 21&" ac0no(ledging the damage done )y the se5ual a)use of children )y some priests" in (hich the 3ontiff affirmed that <(e (ill not ta0e one step )ac0(ard (ith regards to ho( (e (ill deal (ith this pro)lem and the sanctions that must )e imposed. 6n the contrary" (e ha*e to )e e*en stronger.= +. The affirmation )y the head of the delegation that international treaties" including the Con*ention" ratified )y the Holy See and agreements made )y the Holy See (ith other international su)>ects or other States ta0e precedence o*er the domestic la( of the Vatican City State# C# %rincipal sub&ects of concern and recommendations Scope of Application of the Convention D. The Committee notes the 1nterpretati*e 2eclaration made )y the Holy See in acceding to the Con*ention and statements in the report of the State party reinforced )y the delegation during the dialogue" e5pressing the *ie( that the Con*ention applies e5clusi*ely to the Vatican City State. The Committee further notes that the 21! amendments to la(s of the Vatican City State" referred to a)o*e" esta)lish that pu)lic officials of the Vatican City State include" among other persons" (a) mem)ers" officials and personnel of the *arious organs of the 'oman Curia and of the 1nstitutions connected to it and ()) papal legates and diplomatic personnel of the Holy See. The Committee,s -eneral Comment ?o. 2 recalls that States )ear international responsi)ility for the acts and omissions of their officials and others acting in an official capacity or acting on )ehalf of the State" in con>unction (ith the State" under its direction or control" or other(ise under colour of la(. This responsi)ility e5tends to actions and omissions of the pu)lic ser*ants of a State party deployed on operations a)road. The Committee reminds States parties to the Con*ention that they are o)ligated to adopt effecti*e measures to pre*ent their officials and others ' acting in an official capacity from perpetrating or instigating the commission of torture or ill4treatment and from consenting to or ac.uiescing in the commission of such *iolations )y others" including non4state actors" in any situation in (hich they e5ercise >urisdiction or effecti*e control. The Committee notes that the nterpretative Declaration made by the State party is not consistent (ith the above)mentioned norms under their o(n la( as (ell as the Convention# The Committee invites the State party to vie( the nterpretative Declaration in light of the aforementioned considerations* not e+cluding the possibility of reinterpretation or (ithdra(al# The Committee recalls that the State party,s obligations under the Convention concern all public officials of the State party and other persons acting in an official capacity or under colour of la(# These obligations concern the actions and omissions of such persons (herever they e+ercise effective control over persons or territory# Definition of torture /. The Committee (elcomes the adoption of ;a( ?o. V111 of 11 8uly 21! (hich contains a definition of torture and other elements set forth in the Con*ention. The Committee notes that this ;a( refers to =the pu)lic official ha*ing >udicial" >udicial police or la( enforcement functions" as (ell as (hoe*er performs in an official capacity a similar or analogous role" and (hoe*er" under their instigation or (ith their consent and ac.uiescence = The Apostolic ;etter of 11 8uly 21! states in paragraph ! that the follo(ing persons are deemed pu)lic officials9 <(a) mem)ers" officials and personnel of the *arious organs of the 'oman Curia and of the 1nstitutions connected to it. ()) papal legates and diplomatic personnel of the Holy See. (c) those persons (ho ser*e as representati*es" managers or directors" as (ell as persons (ho e*en de fact manage or e5ercise control o*er the entities directly dependent on the Holy See and listed in the registry of canonical >uridical persons 0ept )y the -o*ernorate of Vatican City State. (d) any other person holding an administrati*e or >udicial mandate in the Holy See" permanent or temporary" paid or unpaid" irrespecti*e of that person,s seniority.= The Committee also recalls that article & of the Con*ention re.uires States parties to ensure that <an attempt to commit torture and an act )y any person (hich constitutes complicity or participation in torture= is an offence under its criminal la(. The Committee has e5pressed in its -eneral Comment ?o. ! that statutes of limitations should not )e applica)le to the crime of torture. (arts.1and &) The Committee see-s confirmation that the State party fully complies (ith the re.uirements of the Convention that /all public officials or persons acting in an official capacity0 are covered in line (ith article 1 of the Convention# t invites the State party to adopt effective measures to ensure that its definition of torture applies to all public officials* as established in the Convention and that the State party discharges all its obligations under the Convention# The Committee further see-s clarification that /an attempt to commit torture and an act by any persons (hich constitutes complicity or participation in torture0 is prohibited under its criminal la(# The Committee reminds the State party that 2eneral Comment No# 3 states that statutes of limitations should not be applicable to the crime of torture and re.uests that the State party clarify that there is no statute of limitations for the offence of torture# %revention of torture and cruel* inhuman and degrading treatment or punishment 1. The Committee notes that since 21 Holy See officials ha*e re.uired mandatory reporting of all credi)le allegations of se5ual a)use of minors )y clergy to the Congregation for the 2octrine of the :aith in Vatican City State. The Committee appreciates the data pro*ided )y the delegation indicating that the Congregation for the 2octrine of the :aith 3 confirmed !&2 credi)le allegations of se5ual a)use )y priests )et(een 2&421!" resulting in the implementation of numerous canonical penalties meted out through an ecclesiastical penal process" including the defroc0ing of D&D priests and disciplining of 2#+2 others such as through imposition of a life of prayer or penance. 1n its -eneral Comment ?o. 2 the Committee recalls that State authorities or others acting in official capacity or under colour of la( ha*e an o)ligation to e5ercise due diligence to pre*ent *iolations of the Con*ention" including )y non4State officials or pri*ate actors under their effecti*e control" (hene*er they 0no( or ha*e reasona)le grounds to )elie*e that *iolations of the Con*ention are )eing committed. 1n this regard" the Committee regrets the State party did not pro*ide re.uested data on the num)er of cases in (hich the State party pro*ided information to ci*il authorities in the places (here the cases arose and in the places (here the priests concerned are currently located. The Committee (elcomes the assurance made )y the delegation that Catholic clergy are instructed to report allegations of se5ual a)use of minors perpetrated )y clergy mem)ers to the ci*il authorities as (ell as to the Congregation for the 2octrine of the :aith. ?e*ertheless" the Committee is concerned )y reports that the State party,s officials resist the principle of mandatory reporting of such allegations to ci*il authorities. The Committee is further concerned )y numerous reports of cases in (hich clergy accused or con*icted )y ci*il authorities of such offenses (ere transferred to other dioceses and institutions (here they remained in contact (ith minors and others (ho are *ulnera)le" and in some cases committed a)use in their su)se.uent placements. Such allegations appear in the reports of commissions and in*estigations underta0en in di*erse countries. 2uring the dialogue (ith the State party" the Committee raised the case of :ather 8oseph 8eyapaul" the case of :ather 3eter Eramer" and the findings reached )y a grand >ury in 3hiladelphia" FSA" in 2#" as illustrati*e of these concerns. (art. 2) The State party should ensure that Holy See officials and other public officials of the Vatican City State ta-e effective measures to monitor the conduct of individuals under their effective control* to stop and sanction such conduct in any case (here they become a(are of credible allegations of violations of the Convention* and to ta-e other measures (ithin their control to prevent the commission of subse.uent violations by the individuals concerned* including to4 5a6 Continue to develop and implement programmes and policies to prevent violations of the Convention7 5b6 Ensure that individuals that are sub&ect to an allegation of abuse brought to the attention of the Congregation for the Doctrine of the 8aith or other officials of the State party are immediately suspended from their duties pending the investigation of the complaint* to guard against the possibility of subse.uent abuse or intimidation of victims7 5c6 Ensure effective monitoring of the placements of all clergy that are under investigation by the Congregation for the Doctrine of the 8aith and prevent the transfer of clergy (ho have been credibly accused of abuse for the purposes of avoiding proper investigation and punishment of their crimes# 8or those found responsible* apply sanctions* including dismissal from clerical service7 5d6 Ensure that all State party officials e+ercise due diligence and react properly to credible allegations of abuse* sub&ecting any official that fails to do so to meaningful sanctions7 5e6 Ta-e effective measures to ensure that allegations received by its officials concerning violations of the Convention are communicated to the proper civil authorities to facilitate their investigation and prosecution of alleged perpetrators# The State party should provide data to the Committee in its ne+t periodic report on 9 the number of cases in (hich it provided information to civil authorities both in the places (here cases arose and in the places (here the persons concerned are currently located# mpunity 11. Ghile the Committee appreciates the confirmation pro*ided regarding the ongoing in*estigation under the Vatican City State Criminal Code of allegations of se5ual a)use of minors )y Arch)ishop 8osef Gesolo(s0i" former papal nuncio to the 2ominican 'epu)lic. The Committee notes that the 'epu)lic of 3oland has reportedly re.uested the e5tradition of Arch)ishop Gesolo(s0i. The Committee is concerned that the State party did not identify any case to date in (hich it has prosecuted an indi*idual responsi)le for the commission of or complicity or participation in a *iolation of the Con*ention (arts. &" #" $" + and D). The State party should ensure that its competent authorities proceed to a prompt and impartial investigation of Archbishop :esolo(s-i and any other persons accused of perpetrating or being complicit in violations of the Convention (ho are nationals of the State party or are present on the territory of the State party# f (arranted* the State party should ensure such persons are criminally prosecuted or e+tradited for prosecution by the civil authorities of another State party# The Committee re.uests the State party to provide it (ith information on the outcome of the investigation concerning Archbishop :esolo(s-i# Cooperation (ith civil and criminal proceedings 12. The Committee is concerned )y reports it has recei*ed of cases in (hich the State party has declined to pro*ide information to ci*il authorities in connection (ith proceedings relating to allegations that clergy mem)ers committed *iolations of the Con*ention" despite the fact that since 21 the Congregation for the 2octrine of the :aith in the Vatican City State has had responsi)ility for recei*ing and in*estigating all allegations of se5ual a)use of minors )y Catholic clergy. The Committee e5presses concern a)out allegations that in 21! the papal nuncio to Australia in*o0ed diplomatic immunity in refusing to pro*ide archi*al documentation to assist the ?e( South Gales Special Commission of 1n.uiry into se5 a)use. The Committee recalls that article / of the Con*ention o)ligates States parties to <afford one another the greatest measure of assistance= in connection (ith criminal proceedings related to *iolations of the Con*ention" <including the supply of all e*idence at their disposal necessary for the proceedings= (art. /). The State party should ta-e effective steps to ensure the provision of information to civil authorities in cases (here they are carrying out criminal investigations of allegations of violations of the Convention perpetrated by Catholic clergy or ac.uiesced to by them# The State party should ensure the procedures for re.uesting such cooperation are clear and (ell)-no(n to the civil authorities and that re.uests for cooperation are responded to promptly# $asic ;egal Safeguards 1!. The Committee appreciates the information pro*ided )y the State party in its report and at the dialogue concerning legal protections for persons depri*ed of their li)erty in the State party pro*ided in the Criminal Code" Code of Criminal 3rocedure" and 212 draft regulations of the 2epartment of Security Ser*ices and Ci*il 3rotection. The Committee regrets that information (as not pro*ided as to (hether these documents incorporate the particular legal safeguards against torture that the Committee has called on all States parties to ensure for all persons depri*ed of their li)erty (arts. 2" 1!" 1# and 1$). < The State party should ensure that its la(s and regulations provide for the right of all persons deprived of their liberty to en&oy the legal safeguards against torture enumerated in the Committee=s 2eneral Comment No# '* including ensuring the right of all detainees to receive independent legal assistance* independent medical assistance* and to contact relatives from the moment of deprivation of liberty# The State party should monitor the provision of such safeguards by its public officials and ensure that any failure to provide such safeguards as re.uired results in disciplinary or other penalties# Complaints and prompt* thorough and impartial investigations 1&. The Committee (elcomes the amendments to the Criminal Code and Code of Criminal 3rocedure of the Vatican City State that ma0e it clear that authorities should prosecute allegations of *iolations of the Con*ention )y citi7ens and officials. The Committee also (elcomes information pro*ided that the 3ontifical Commission for the 3rotection of %inors" esta)lished )y 3ope :rancis" (ill see0 to ensure accounta)ility and its mem)ers ha*e announced that they plan to ma0e specific proposals on raising a(areness <regarding the tragic conse.uences of se5ual a)use and of the de*astating conse.uences of not listening" not reporting suspicion of a)use" and failing to support *ictims/sur*i*ors and their families=. To date there has )een no information pro*ided to the Committee as to the 3ontifical Commission,s term" in*estigati*e po(ers" and a)ility to report pu)licly (arts.12 and 1!). The State party should4 5a6 Establish an independent complaints mechanisms to (hich victims of alleged violations of the Convention can confidentially report allegations of abuse and (hich has the po(er to cooperate (ith the State party,s authorities as (ell as civil authorities in the location (here the alleged abuse occurred7 5b6 Ensure that organs charged (ith carrying out investigations into allegations of violations of the Convention by public officials of the Vatican City State* including the "ffice of the %romoter of >ustice* are independent (ith no hierarchical connection bet(een the investigators and the alleged perpetrators# Ensure that such bodies carry out investigations promptly* thoroughly* and impartially7 5c6 Clarify (hether the %ontifical Commission for the %rotection of ?inors established in December '@13 (ill have the full po(er to investigate cases of alleged violations of the Convention* ensure that the results of any of its investigations are made public and that they are promptly acted upon by officials (ith a prosecutorial function* (ithin a specific deadline# Concordats and other agreements 1#. The Committee is concerned at allegations that concordats and other agreements negotiated )y the Holy See (ith other States may effecti*ely pre*ent prosecution of alleged perpetrators )y limiting the a)ility of ci*il authorities to .uestion" compel the production of documentation )y" or prosecute indi*iduals associated (ith the Catholic Church (arts. 2" 12" 1! and 1$). The State party should consider revie(ing its bilateral agreements concluded (ith other States* such as concordats* (ith a vie( to fulfilling its obligations under the Convention and preventing the agreements from serving to provide individuals alleged to have violated the Convention or believed to possess information concerning violations of the Convention (ith protection from investigation or prosecution by civil authorities as a result of their status or affiliation (ith the Catholic Church# A !edress 1$. Ghile noting that many dioceses and religious orders pro*ided financial settlements to *ictims of a)use" the Committee remains deeply concerned at the reported ina)ility to o)tain redress e5perienced )y many alleged *ictims of *iolations of the Con*ention perpetrated )y or (ith the ac.uiescence of persons acting in an official capacity for the State party. The Committee is particularly concerned a)out allegations of past instances in (hich the State party has ac.uiesced to or authori7ed actions ta0en )y certain church officials to protect assets from sei7ure )y ci*il authorities for the purpose of pro*iding redress to *ictims. The Committee is also concerned a)out the State party,s response to the continued refusal )y the four religious orders that ran the %agdalene laundries in 1reland to contri)ute to a redress fund for indi*iduals su)>ected to a)use in those facilities. The Committee recalls that in accordance (ith -eneral Comment ?o. !" the concept of redress includes restitution" compensation" reha)ilitation" satisfaction and the right to truth" and guarantees of non4repetition (arts. 12" 1!" 1& and 1$). The State party should4 5a6 n accordance (ith article 19 of the Convention and 2eneral Comment No# 3* ta-e steps to ensure that victims of se+ual abuse committed by or (ith the ac.uiescence of the State party,s officials receive redress* including fair* ade.uate and enforceable right to compensation and as full rehabilitation as possible* regardless of (hether perpetrators of such acts have been brought to &ustice# Appropriate measures should be ta-en to ensure the physical and psychological recovery and social reintegration of the victims of abuse# 5b6 Encourage the provision of redress by individual religious orders to victims of violations of the Convention carried out by them and ta-e additional steps to ensure that victims obtain redress as needed* including in the case of the ?agdalene ;aundries# Non)refoulement and asylum 1+. The Committee notes (ith appreciation the State party,s confirmation that the Vatican City State (ould not e5pel" return or e5tradite a person to a State (here the person might )e tortured" and that amendments to the Criminal Code and Code of Criminal 3rocedure attached to the 1! 8uly 21! Apostolic ;etter of 3ope :rancis ela)orate on this matter. The Committee regrets" ho(e*er" that there (as no data pro*ided in response to in.uiries concerning the num)er of asylum re.uests recei*ed and granted" particularly in *ie( of the statement that asylum applications are dealt (ith and ad>udicated )y the 1talian go*ernment,s authorities (art. !). The Committee recommends that the State party provide in ne+t report data on the number of asylum re.uests received by authorities of the State party located in its territory or abroad since '@@'* as (ell as the number granted* and (hether any asylum see-er (as returned or refused asylum and in (hich countries# The State party should ensure its authorities monitor treatment of any persons see-ing asylum (ho are sent to taly to ascertain that they are not subse.uently e+pelled to a place (here they might be in danger of being sub&ected to torture or ill)treatment# Training of the 2endarmerie Corps 1D. Ghile noting that the -endarmerie Corps recei*es training in human rights" the Committee is concerned that they are not pro*ided (ith specific training on the pro*isions of the Con*ention" including the a)solute prohi)ition of torture" and that medical professionals dealing (ith persons depri*ed of li)erty and asylum4see0ers do not recei*e training on the %anual on the Bffecti*e 1n*estigation and 2ocumentation of Torture and B 6ther Cruel" 1nhuman or 2egrading Treatment of 3unishment (the 1stan)ul 3rotocol). (art. 1) The State party should ensure that training for the 2endarmerie Corps includes the absolute prohibition of torture* other provisions of the Convention* and the Committee,s conclusions* decisions and 2eneral Comments# t should also ensure that the 2endarmerie Corps and medical professionals and relevant la( enforcement officers in the State party receive training in the ?anual on the Effective nvestigation and Documentation of Torture and "ther Cruel* nhuman or Degrading Treatment of %unishment 5the stanbul %rotocol6# Statistical data 1/. The Committee regrets the a)sence of comprehensi*e and disaggregated data on complaints and in*estigations of cases amounting to *iolations of the Con*ention. The State party should compile statistical data relevant to the monitoring of the implementation of the Convention* including data on complaints and investigations of cases amounting to violations of the Convention as (ell as on means of redress* including compensation and rehabilitation* provided to the victims# 2. The Committee in*ites the State party to consider ratifying the core international human rights instruments to (hich it is not yet a party" namely the Co*enant on Bconomic" Social and Cultural 'ights and the Co*enant on Ci*il and 3olitical 'ights and their 6ptional 3rotocols as (ell as the Con*ention on the Blimination of All :orms of 2iscrimination against Gomen and its 6ptional 3rotocol" the Con*ention on the 3rotection of the 'ights of All %igrant Gor0ers and %em)ers of Their :amilies" the Con*ention on the 'ights of 3ersons (ith 2isa)ilities and its 6ptional 3rotocol" the Con*ention for the 3rotection of All 3ersons from Bnforced 2isappearance. 21. The State party is re.uested to disseminate (idely the report su)mitted to the Committee and the Committee,s concluding o)ser*ations" in appropriate languages" through official (e)sites" the media and non4go*ernmental organi7ations. 22. The State party is in*ited to su)mit its common core document" in accordance (ith the re.uirements contained in the harmoni7ed guidelines on reporting under the international human rights treaties (H'1/-B?.2/'e*.$). 2!. The Committee re.uests the State party to pro*ide" )y 2! %ay 21#" follo(4up information in response to the Committee,s recommendations related to the pre*ention of torture and cruel" inhuman and degrading treatment or punishment" and on impunity" as contained in paragraphs 1 and 11 of the present document. 1n addition" the Committee re.uests follo(4up information on complaints and in*estigations and redress" as contained in paragraphs 1& and 1$ of the present document. 2&. The State party is in*ited to su)mit its ne5t report" (hich (ill )e the second periodic report" )y 2! %ay 21D. :or that purpose" the Committee in*ites the State party to accept" )y 2! %ay 21#" to report under its optional reporting procedure" consisting in the transmittal" )y the Committee to the State party" of a list of issues prior to the su)mission of the report. The State partyHs response to this list of issues (ill constitute" under article 1/ of the Con*ention" its ne5t periodic report.