Concluding Observations on the Initial Report of the Holy See

By Positive aspects
United Nations Committee Against Torture
May 23, 2014

http://ccrjustice.org/files/CAT_C_VAT_CO_1_17271_E.pdf

[full text]

4. The Committee welcomes the fact that following the ratification of the Convention, the State party acceded to the Convention against Transnational Organized Crime, on 25 January 2012.

5. The Committee also welcomes the State party’s efforts to revise its legislation in areas of relevance to the Convention, including:

(a) The issuance motu proprio by Pope Francis of an Apostolic Letter “On the Jurisdiction of Judicial Authorities of Vatican City State in Criminal Matters”, on 11 July 2013. The letter was promulgated and entered into force on 1 September 2013, establishing the exercise of penal jurisdiction by the Judicial Authorities of Vatican City State over crimes whose prosecution is required by international agreements ratified by the Holy See.

This modified Vatican City State 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. ...

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 Vatican City State. The Committee further notes that the 2013 amendments to laws of the Vatican City State, referred to above, establish that public officials of the Vatican City State include, among other persons, (a) members, officials and personnel of the various organs of the Roman Curia and of the Institutions connected to it and (b) papal legates and diplomatic personnel of the Holy See. The Committee’s General Comment No. 2 recalls that States bear international responsibility for the acts and omissions of their officials and others acting in an official capacity or acting on behalf of the State, in

conjunction with the State, under its direction or control, or otherwise under colour of law.