THE HOLY SEE AND THE CONVENTION AGAINST TORTURE

Vatican City, 5 May 2014 (VIS) – Archbishop Silvano Tomasi, head of the the Holy See delegation before the United Nations in Geneva, presented his initial periodical report to the Committee on the Convention against Torture (CAT), which is currently holding its 52nd session.

In his comprehensive report, the prelate remarks that “the Holy See acceded to the Convention against Torture (CAT) on 22 June 2002. It did so with the very clear and direct intention that this Convention applied to Vatican City State (VCS). In its capacity as the sovereign of Vatican City State, the Holy See provided an important 'Interpretative Declaration' that shows its approach to the CAT”.

“In the first place, the Interpretative Declaration lauds the Convention as a worthy instrument for the defence against acts of torture when it says: 'The Holy See considers the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment a valid and suitable instrument for fighting against acts that constitute a serious offence against the dignity of the human person'. In this sense indeed, the Holy See wished to express the harmony of its own principles and vision of the human person with those ideals and practices set forth in the Convention against Torture”.

“The Interpretative Declaration insists that 'The Holy See, in becoming a party to the Convention on behalf of the Vatican City State, undertakes to apply it insofar as it is compatible, in practice, with the peculiar nature of that State'. As such, in regard to the application of the Convention and any examination, questions or criticisms, or implementation thereof, the Holy See intends to focus exclusively on Vatican City State, respecting the international sovereignty of this State and the legitimate and specific authority of the Convention and of the Committee competent to examine State reports”.

“The Holy See, as a member of the international Community, is related but separate and distinct from the territory of Vatican City State, over which it exercises sovereignty. Its international personality has never been confused with the territories over which it has exercised State sovereignty. In its present form, Vatican City State was established in 1929 to more effectively guarantee the spiritual and moral mission of the Holy See. Therefore, colloquial references to the Holy See as the 'Vatican' can be misleading. In this sense, the Holy See, as mentioned, globally encourages basic principles and authentic human rights recognized in the CAT, while implementing it within the territory of Vatican City State in harmony with the Interpretative Declaration.

After presenting some of the essential points to guide and assist discussion, the archbishop goes on to give an overview of the Holy See’s Initial Report, submitted to the Committee in December 2012.

“Apart from presenting the essential distinctions and relations between the Holy See, Vatican City State and the Catholic Church, I wish to highlight several important elements presented within the section of “General Information”. In particular, the first point of reference is the legal system of Vatican City State, that is autonomous in respect to the legal system of the Catholic Church. In fact, not all canonical norms are relevant for the governance of this territory. In relation to the topic of crime and punishment there are specific laws that criminalise illicit activities and provide for proportionate penalties in Vatican City State”.

“As noted in the section on Statistics, the small population of Vatican City State, while receiving roughly 18 million pilgrims and tourists annually, has a relatively tiny number of criminal and penal matters registered”.

“Turning now to the third part of the Initial Report, which addresses systematically each of the sixteen substantive articles of the CAT, my Delegation wishes to highlight several significant steps and improvements in Vatican City State to comply with the Convention, even since the consigning of the Initial Report in December 2012. In the first place, there is the modification of Vatican City State legislation with the promulgation of Pope Francis’ Apostolic Letter on 11 July 2013, 'On the Jurisdiction of Judicial Authorities of Vatican City State in Criminal Matters', particularly article 3, of Law N. VIII, which deals specifically with the crime of torture. While the implementation of this basic law into the criminal and penal law of Vatican City State in some fashion touches upon different articles of the Convention, it is worth mentioning a few directly. In relation to Article 1 of the Convention, the new Vatican City State legislation integrates, practically verbatim, the definition of torture and cruel and inhuman punishment as supplied therein and, therefore, de facto, fulfils Article 4 of the Convention by its integration into the penal code and the establishment of appropriate penalties for such offences. Paragraph 6 of the same article 3 of the amended Law VIII effectively restates article 15 of the Convention, prohibiting the use of any statement made as a result of torture to be considered as evidence”.

“Also modified in July 2013, the amendments of Law IX address with greater specificity and clarity the questions of crimes, whether within or outside the territory of the State, of jurisdiction, of extradition, and of terms of sentencing. The procedural and legislative changes seek to implement the principles contained in the Convention against Torture under articles 3, 5, and 8. In particular, one should note the development on the question of extradition and also the denial thereof on the part of the Holy See if the requesting State practices torture or uses capital punishment”.

“The fourth part of the Initial Report, regarding the 'Affirmation of the prohibition against torture and other cruel, inhuman or degrading treatment or punishment in the teachings and activities of the Holy See', references the wide array of documents, proclamations, publications, radio and television programs by which the Holy See actively addresses not only followers of the Catholic Faith, but also the international Community and all people of good will”.

“It should be stressed, particularly in light of much confusion, that the Holy See has no jurisdiction – as that term is understood also under article 2.1 of the Convention – over every member of the Catholic Church. The Holy See wishes to reiterate that the persons who live in a particular country are under the jurisdiction of the legitimate authorities of that country and are thus subject to the domestic law and the consequences contained therein. State authorities are obligated to protect, and when necessary, prosecute persons under their jurisdiction. The Holy See exercises the same authority upon those who live in Vatican City State in accordance with its laws. Hence, the Holy See, in respecting the principles of autonomy and sovereignty of States, insists that the State authority, which has legitimate competency, act as the responsible agent of justice in regard to crimes and abuses committed by persons under their jurisdiction. My Delegation wishes to emphasize that this includes not only acts of torture and other acts of cruel and inhuman punishments, but also all other acts considered as crimes committed by any individual who, notwithstanding affiliation with a Catholic institution, is subject to a particular State authority. The obligation and responsibility of promoting justice in these cases resides with the competent domestic jurisdiction”.

“To recapitulate this fourth part of the Report, it might be said that the measures employed by the Holy See to take effective legislative, administrative, judicial or other measures to prevent and to prohibit torture and to address its root causes to avoid future acts in this area are abundant. This manifests the Holy See’s desire 'to lend its moral support and collaboration to the international Community, so as to contribute to the elimination of recourse to torture, which is inadmissible and inhuman'”.