A/69/44
measures within their control to prevent the commission of subsequent violations by
the individuals concerned, including to:
(a)
Continue to develop and implement programmes and policies to prevent
violations of the Convention;
(b)
Ensure that individuals that are subject to an allegation of abuse
brought to the attention of the Congregation for the Doctrine of the Faith or other
officials of the State party are immediately suspended from their duties pending the
investigation of the complaint, to guard against the possibility of subsequent abuse or
intimidation of victims;
(c)
Ensure effective monitoring of the placements of all clergy that are
under investigation by the Congregation for the Doctrine of the Faith and prevent the
transfer of clergy who have been credibly accused of abuse for the purposes of
avoiding proper investigation and punishment of their crimes. For those found
responsible, apply sanctions, including dismissal from clerical service;
(d)
Ensure that all State party officials exercise due diligence and react
properly to credible allegations of abuse, subjecting any official that fails to do so to
meaningful sanctions;
(e)
Take effective measures to ensure that allegations received by its officials
concerning violations of the Convention are communicated to the proper civil
authorities to facilitate their investigation and prosecution of alleged perpetrators.
The State party should provide data to the Committee in its next periodic report on
the number of cases in which it provided information to civil authorities both in the
places where cases arose and in the places where the persons concerned are currently
located.
Impunity
(13) The Committee appreciates the confirmation provided regarding the ongoing
investigation under the Vatican City State Criminal Code of allegations of sexual abuse of
minors by Archbishop Josef Wesolowski, former papal nuncio to the Dominican Republic.
The Committee notes that the Republic of Poland has reportedly requested the extradition
of Archbishop Wesolowski. The Committee also is concerned that the State party did not
identify any case to date in which it has prosecuted an individual responsible for the
commission of or complicity or participation in a violation of the Convention (arts. 4, 5, 6,
7 and 8).
The State party should ensure that its competent authorities proceed to a prompt and
impartial investigation of Archbishop Wesolowski and any other persons accused of
perpetrating or being complicit in violations of the Convention who are nationals of
the State party or are present on the territory of the State party. If warranted, the
State party should ensure such persons are criminally prosecuted or extradited for
prosecution by the civil authorities of another State party. The Committee requests
the State party to provide it with information on the outcome of the investigation
concerning Archbishop Wesolowski.
Cooperation with civil and criminal proceedings
(14) The Committee is concerned by reports it has received of cases in which the State
party has declined to provide information to civil authorities in connection with
proceedings relating to allegations that clergy members committed violations of the
Convention, despite the fact that since 2001 the Congregation for the Doctrine of the Faith
in the Vatican City State has had responsibility for receiving and investigating all
allegations of sexual abuse of minors by Catholic clergy. The Committee expresses concern
GE.14-12596
115
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents