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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