CAT/C/VAT/CO/1
(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
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.
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