A/69/44
about allegations that in 2013 the papal nuncio to Australia invoked diplomatic immunity in
refusing to provide archival documentation to assist the New South Wales Special
Commission of Inquiry into sex abuse. The Committee recalls that article 9 of the
Convention obligates States parties to “afford one another the greatest measure of
assistance” in connection with criminal proceedings related to violations of the Convention,
“including the supply of all evidence at their disposal necessary for the proceedings” (art.
9).
The State party should take effective steps to ensure the provision of information to
civil authorities in cases where they are carrying out criminal investigations of
allegations of violations of the Convention perpetrated by Catholic clergy or
acquiesced to by them. The State party should ensure the procedures for requesting
such cooperation are clear and well-known to the civil authorities and that requests
for cooperation are responded to promptly.
Basic legal safeguards
(15) The Committee appreciates the information provided by the State party in its report
and at the dialogue concerning legal protections for persons deprived of their liberty in the
State party provided in the Criminal Code, Code of Criminal Procedure, and 2012 draft
regulations of the Department of Security Services and Civil Protection. The Committee
regrets that information was not provided as to whether these documents incorporate the
particular legal safeguards against torture that the Committee has called on all States parties
to ensure for all persons deprived of their liberty (arts. 2, 13, 15 and 16).
The State party should ensure that its laws and regulations provide for the right of all
persons deprived of their liberty to enjoy the legal safeguards against torture
enumerated in the Committee’s General Comment No. 2, including ensuring the right
of all detainees to receive independent legal assistance, independent medical
assistance, and to contact relatives from the moment of deprivation of liberty. The
State party should monitor the provision of such safeguards by its public officials and
ensure that any failure to provide such safeguards as required results in disciplinary
or other penalties.
Complaints and prompt, thorough and impartial investigations
(16) The Committee welcomes the amendments to the Criminal Code and Code of
Criminal Procedure of the Vatican City State that make it clear that authorities should
prosecute allegations of violations of the Convention by citizens and officials. The
Committee also welcomes information provided that the Pontifical Commission for the
Protection of Minors, established by Pope Francis, will seek to ensure accountability and its
members have announced that they plan to make specific proposals on raising awareness
“regarding the tragic consequences of sexual abuse and of the devastating consequences of
not listening, not reporting suspicion of abuse, and failing to support victims/survivors and
their families”. To date there has been no information provided to the Committee as to the
Pontifical Commission’s term, investigative powers, and ability to report publicly (arts. 12
and 13).
The State party should:
(a)
Establish an independent complaints mechanisms to which victims of
alleged violations of the Convention can confidentially report allegations of abuse and
which has the power to cooperate with the State party’s authorities as well as civil
authorities in the location where the alleged abuse occurred;
(b)
Ensure that organs charged with carrying out investigations into
allegations of violations of the Convention by public officials of the Holy See, including
the Office of the Promoter of Justice, are independent with no hierarchical connection
116
GE.14-12596
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