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
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GE.14-12596
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