A/69/44 Convention requires States parties to ensure that “an attempt to commit torture and… an act by any person which constitutes complicity or participation in torture” is an offence under its criminal law. The Committee has expressed in its General Comment No. 3 that statutes of limitations should not be applicable to the crime of torture (arts. 1 and 4). The Committee seeks confirmation that the State party fully complies with the requirements of the Convention that “all public officials or persons acting in an official capacity” are covered in line with article 1 of the Convention. It invites the State party to adopt effective measures to ensure that its definition of torture applies to all public officials, as established in the Convention, and that the State party discharges all its obligations under the Convention. The Committee further seeks clarification that “an attempt to commit torture and … an act by any persons which constitutes complicity or participation in torture” is prohibited under its criminal law. The Committee reminds the State party that General Comment No. 3 states that statutes of limitations should not be applicable to the crime of torture and requests that the State party clarify that there is no statute of limitations for the offence of torture. Prevention of torture and cruel, inhuman and degrading treatment or punishment (10) The Committee notes that since 2001 Holy See officials have required mandatory reporting of all credible allegations of sexual abuse of minors by clergy to the Congregation for the Doctrine of the Faith in Vatican City State. The Committee appreciates the data provided by the delegation indicating that the Congregation for the Doctrine of the Faith confirmed 3,420 credible allegations of sexual abuse by priests between 2004–2013, resulting in the implementation of numerous canonical penalties meted out through an ecclesiastical penal process, including the defrocking of 848 priests and disciplining of 2,572 others such as through imposition of a life of prayer or penance. In its General Comment No. 2, the Committee recalls that State authorities or others acting in official capacity or under colour of law have an obligation to exercise due diligence to prevent violations of the Convention, including by non-State officials or private actors under their effective control, whenever they know or have reasonable grounds to believe that violations of the Convention are being committed. (11) In this regard, the Committee regrets that the State party did not provide requested data on the number of cases in which the State party provided information to civil authorities in the places where the cases arose and in the places where the priests concerned are currently located. The Committee welcomes the assurance made by the delegation that Catholic clergy are instructed to report allegations of sexual abuse of minors perpetrated by clergy members to the civil authorities as well as to the Congregation for the Doctrine of the Faith. Nevertheless, the Committee is concerned by reports that the State party’s officials resist the principle of mandatory reporting of such allegations to civil authorities. (12) The Committee is further concerned by numerous reports of cases in which clergy accused or convicted by civil authorities of such offenses were transferred to other dioceses and institutions where they remained in contact with minors and others who are vulnerable, and in some cases committed abuse in their subsequent placements. Such allegations appear in the reports of commissions and investigations undertaken in diverse countries. During the dialogue with the State party, the Committee raised the case of Father Joseph Jeyapaul, the case of Father Peter Kramer, and the findings reached by a grand jury in Philadelphia, United States, in 2005, as illustrative of these concerns (art. 2). The State party should ensure that Holy See officials and other public officials of the Holy See take effective measures to monitor the conduct of individuals under their effective control, to stop and sanction such conduct in any case where they become aware of credible allegations of violations of the Convention, and to take other 114 GE.14-12596

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