CAT/C/VAT/CO/1
crimes whose prosecution is required by international agreements ratified by the Holy See.
This modified Holy See legislation, specifically Law No. VIII on Supplementary Norms on
Criminal Law Matters, which became effective 1 September 2013, and which incorporates
into the legal system the crime of torture, crimes against humanity and a definition of
crimes against minors; and Law N. IX which amends the Criminal Code and the Code of
Criminal Procedure to provide for jurisdiction over offenses committed by public officials
and citizens abroad and to set standards governing extradition, judicial cooperation, mutual
legal assistance, and other matters relevant to the Convention;
(b)
The issuance by the Congregation for the Doctrine of the Faith of a Circular
Letter to Assist Episcopal Conferences in Developing Guidelines for Dealing with Cases of
Sexual Abuses of Minors Perpetrated by Clerics, on 3 May 2011, which confirms, as
established in the 2001 Motu Proprio Sacramentorum Sanctitatis Tutela, that Bishops and
Major Superiors are to refer all credible allegations of sexual abuse of minors by clerics to
the Congregation for the Doctrine of the Faith. The Circular Letter also establishes, in its
own words, that “the prescriptions of civil law regarding the reporting of such crimes to the
designated authority should always be followed”.
6.
The Committee also welcomes the efforts of the State party to amend its policies,
programmes and administrative measures to give effect to the Convention, including:
(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 by
several Popes against torture and against the death penalty, including Pope Benedict XVI’s
reminder, in 2007, to members of the International Commission for Catholic Prison
Pastoral Care, which represents prison chaplains from 62 countries, stating “I reiterate that
the prohibition against torture cannot be contravened under any circumstances”;
(b)
The establishment of a Special Office within the Governorate of the Vatican
City State to oversee the implementation of international agreements to which the Holy See
is a party, on 10 August 2013;
(c)
The creation of the Pontifical Commission for the Protection of Minors, on 5
December 2013, to serve as an advisory committee to the Pope, and its members’ statement
on 3 May 2014 that they view ensuring accountability as especially important;
(d)
The statement by Pope Francis, during a meeting with the International
Catholic Child Bureau on 11 April 2014, acknowledging the damage done by the sexual
abuse of children by some priests, in which the Pontiff affirmed that “we will not take one
step backward with regards to how we will deal with this problem and the sanctions that
must be imposed. On the contrary, we have to be even stronger.”
7.
The affirmation by the head of the delegation that international treaties, including
the Convention, ratified by the Holy See, and agreements made by the Holy See with other
international subjects or other States take precedence over the domestic law of the Holy
See.
C.
Principal subjects of concern and recommendations
Scope of Application of the Convention
8.
The Committee notes the Interpretative Declaration made by the Holy See in
acceding to the Convention and statements in the report of the State party reinforced by the
delegation during the dialogue, expressing the view that the Convention applies exclusively
to the Holy See. The Committee further notes that the 2013 amendments to laws of the
Holy See, referred to above, establish that public officials of the Holy See include, among
other persons, (a) members, officials and personnel of the various organs of the Roman
2