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'”.
