A/69/44 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 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. This responsibility extends to actions and omissions of the public servants of a State party deployed on operations abroad. The Committee reminds States parties to the Convention that they are obligated to adopt effective measures to prevent their officials and others acting in an official capacity from perpetrating or instigating the commission of torture or ill-treatment and from consenting to or acquiescing in the commission of such violations by others, including non-State actors, in any situation in which they exercise jurisdiction or effective control. The Committee notes that the Interpretative Declaration made by the State party is not consistent with the above-mentioned norms under its own law as well as the Convention. The Committee invites the State party to view the Interpretative Declaration in light of the aforementioned considerations, not excluding the possibility of reinterpretation or withdrawal. 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 law. These obligations concern the actions and omissions of such persons wherever they exercise effective control over persons or territory. Definition of torture (9) The Committee welcomes the adoption of Law No. VIII of 11 July 2013 which contains a definition of torture and other elements set forth in the Convention. The Committee notes that this Law refers to “the public official having judicial, judicial police or law enforcement functions, as well as whoever performs in an official capacity a similar or analogous role, and whoever, under their instigation or with their consent and acquiescence …” The Apostolic Letter states in paragraph 3 that the following persons are deemed public officials: “(a) members, officials and personnel of the various organs of the Roman Curia and of the Institutions connected to it. (b) Papal legates and diplomatic personnel of the Holy See. (c) Those persons who serve as representatives, managers or directors, as well as persons who even de fact manage or exercise control over the entities directly dependent on the Holy See and listed in the registry of canonical juridical persons kept by the Governorate of Vatican City State. (d) Any other person holding an administrative or judicial mandate in the Holy See, permanent or temporary, paid or unpaid, irrespective of that person’s seniority.” The Committee further recalls that article 4 of the GE.14-12596 113

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents