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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
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.
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