Holy See presents report to UN Committee on Torture
(Vatican Radio) The Holy See’s Permanent Observer to the United Nations in Geneva,
Archbishop Silvano Tomasi, on Monday presented the Initial Periodic Report of the
Holy See to the U.N.’s Committee on the Convention against Torture. The Holy See
ratified the treaty in 2002. We publish Archbishop Tomasi’s remarks below:
Mr.
Chairperson, Members of the Committee, Allow me, first of all, to extend cordial
greetings to all the members of the Committee on the Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment. In the presentation of
the Initial Report of the Holy See, I wish to introduce the members of our Delegation
present for this interactive dialogue. With me this morning are Monsignor Christophe
El-Kassis and Professor Vincenzo Buonomo, of the Secretariat of State of the Holy
See, and Monsignor Richard Gyhra, Secretary of the Holy See Mission.
The Holy
See acceded to the Convention against Torture (CAT) on June 22, 2002. It did so with
the very clear and direct intention that this Convention applied to Vatican City State
(VCS). In its capacity as the sovereign of Vatican City State, the Holy See provided
an important “Interpretative Declaration” that shows its approach to the CAT. Such
Declaration underlines the motives for accession to the Convention and expresses the
moral support given to it, namely the defense of the human person as already indicated
in the Universal Declaration of Human Rights.
For the Holy See, the Interpretative
Declaration provides a necessary hermeneutic to understand the motives for acceding
to the Convention and also for considering the implementation of the Convention by
the legal order of Vatican City State which is the very exercise we are engaging in
at this moment in the consideration of the Initial Report of the Holy See to the CAT.
In
this sense, my Delegation deems it worthwhile to reiterate several of the more salient
points of the Interpretative Declaration so as to properly frame the consideration
and discussions of the Initial Report of the Holy See.
In the first place,
the Interpretative Declaration lauds the Convention as a worthy instrument for the
defense against acts of torture when it says: “The Holy See considers the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment a valid
and suitable instrument for fighting against acts that constitute a serious offence
against the dignity of the human person.” In this sense indeed, the Holy See wished
to express the harmony of its own principles and vision of the human person with those
ideals and practices set forth in the Convention against Torture.
Second,
the Declaration elaborates more precisely the Holy See’s position, in which the teaching
of the Catholic Church clearly articulates its opposition to acts of violence and
torture.
Third, although the Convention applies to Vatican City State, the
Holy See adds a crucial moral voice in its support through its teaching and through
the following statement: “In this spirit the Holy See wishes to lend its moral support
and collaboration to the international community, so as to contribute to the elimination
of recourse to torture, which is inadmissible and inhuman.”
Finally, and
not of least importance, the Interpretative Declaration insists that “The Holy See,
in becoming a party to the Convention on behalf of the Vatican City State, undertakes
to apply it insofar as it is compatible, in practice, with the peculiar nature of
that State.” As such, in regard to the application of the Convention and any examination,
questions or criticisms, or implementation thereof, the Holy See intends to focus
exclusively on Vatican City State, respecting the international sovereignty of this
State and the legitimate and specific authority of the Convention and of the Committee
competent to examine State reports. Hence, my Delegation judges it useful to present,
briefly yet clearly, the essential distinctions between Vatican City State and Holy
See, as described in the Initial Report.
The Holy See, as member of the
international Community, is related but separate and distinct from the territory of
Vatican City State, over which it exercises sovereignty. Its international personality
has never been confused with the territories over which it has exercised State sovereignty.
In its present form, Vatican City State was established in 1929 to more effectively
guarantee the spiritual and moral mission of the Holy See. Therefore, colloquial references
to the Holy See as the “Vatican” can be misleading. In this sense, the Holy See, as
mentioned, globally encourages basic principles and authentic human rights recognized
in the CAT, while implementing it within the territory of Vatican City State in harmony
with the Interpretative Declaration.
Having presented some of the essential
points that should guide and assist our discussion, I now wish to give an overview
of the Holy See’s Initial Report.
The Initial Report of the Holy See, submitted
to this Committee in December 2012, is divided into four parts: 1) Introduction, 2)
General Information, 3) The Convention against Torture, and 4) Affirmation of the
prohibition against torture and other cruel, inhuman or degrading treatment or punishment
in the teachings and activities of the Holy See. Since much of the content of the
Introduction has been already mentioned, as this provides a necessary guide to understanding
the approach and perspective of the Holy See regarding the Convention, I shall proceed
to the second part on “General Information”.
Apart from presenting the essential
distinctions and relations between the Holy See, Vatican City State and the Catholic
Church, I wish to highlight several important elements presented within the section
of “General Information”. In particular, the first point of reference is the legal
system of Vatican City State, that is autonomous in respect to the legal system of
the Catholic Church. In fact, not all canonical norms are relevant for the governance
of this territory. In relation to the topic of crime and punishment there are specific
laws that criminalize illicit activities and provide for proportionate penalties in
Vatican City State. The necessity of a penitentiary system, in this small territory,
is minimal, especially considering certain aspects of the Lateran Treaty (Article
22) which afford this territory the option of utilizing the judicial assistance of
the Italian State if deemed necessary.
As noted in the section on Statistics,
the small population of Vatican City State, while receiving roughly 18 million pilgrims
and tourists annually, has a relatively tiny number of criminal and penal matters
registered. It is also worth mentioning that the message of the various media services
of the Holy See, disseminated in the major languages, reaches a truly international
audience that makes it arguably one of the most effective moral voices in the world
for human rights, including the position against torture and other cruel and inhuman
punishments.
Turning now to the third part of the Initial Report, which
addresses systematically each of the sixteen substantive articles of the CAT, my Delegation
wishes to highlight several significant steps and improvements in Vatican City State
to comply with the Convention, even since the consigning of the Initial Report in
December 2012. In the first place, there is the modification of Vatican City State
legislation with the promulgation of Pope Francis’ Apostolic Letter on July 11, 2013,
“On the Jurisdiction of Judicial Authorities of Vatican City State in Criminal Matters”,
particularly article 3, of Law N. VIII, which deals specifically with the Crime of
Torture. While the implementation of this basic law into the criminal and penal law
of Vatican City State in some fashion touches upon different articles of the Convention,
it is worth mentioning a few directly. In relation to Article 1 of the Convention,
the new Vatican City State legislation integrates, practically verbatim, the definition
of torture and cruel and inhuman punishment as supplied therein and, therefore, de
facto, fulfills Article 4 of the Convention by its integration into the penal code
and the establishment of appropriate penalties for such offences. Paragraph 6 of
the same article 3 of the amended Law VIII effectively restates article 15 of the
Convention, prohibiting the use of any statement made as a result of torture to be
considered as evidence.
Also modified in July 2013, the amendments of Law
IX address with greater specificity and clarity the questions of crimes, whether within
or outside the territory of the State, of jurisdiction, of extradition, and of terms
of sentencing. The procedural and legislative changes seek to implement the principles
contained in the Convention against Torture under articles 3, 5, and 8. In particular,
one should note the development on the question of extradition and also the denial
thereof on the part of the Holy See if the requesting State practices torture or uses
capital punishment.
To summarize, the third part of the Holy See Report must
be viewed through the updates offered by the recent modifications to the procedures
and legislation of Vatican City State which are a significant improvement from previous
legislation and enhance positively the contents of the Initial Report. In fact, my
Delegation views this new legislation as a direct result of the Holy See’s adhesion
to the CAT. Therefore, I am sure the Committee will consider these new laws in the
ensuing discussion and the eventual Concluding Observations.
The fourth part
of the Initial Report, regarding the “Affirmation of the prohibition against torture
and other cruel, inhuman or degrading treatment or punishment in the teachings and
activities of the Holy See”, references the wide-array of documents, proclamations,
publications, radio and television programs by which the Holy See actively addresses
not only followers of the Catholic Faith, but also the international Community and
all people of good will.
In this way, the moral voice of the Holy See, while
promoting and defending all authentic human rights, reaches the members of the Catholic
Church in an attempt to foster an interior conversion of hearts to love God and one’s
neighbor. This love, in turn, should overflow into good practices at the local level
in accordance with the laws of States. It should be stressed, particularly in light
of much confusion, that the Holy See has no jurisdiction - as that term is understood
also under article 2.1 of the Convention - over every member of the Catholic Church.
The Holy See wishes to reiterate that the persons who live in a particular country
are under the jurisdiction of the legitimate authorities of that country and are thus
subject to the domestic law and the consequences contained therein. State authorities
are obligated to protect, and when necessary, prosecute persons under their jurisdiction.
The Holy See exercises the same authority upon those who live in Vatican City State
in accordance with its laws. Hence, the Holy See, in respecting the principles of
autonomy and sovereignty of States, insists that the State authority, which has legitimate
competency, act as the responsible agent of justice in regard to crimes and abuses
committed by persons under their jurisdiction. My Delegation wishes to emphasize
that this includes not only acts of torture and other acts of cruel and inhuman punishments,
but also all other acts considered as crimes committed by any individual who, notwithstanding
affiliation with a Catholic institution, is subject to a particular State authority.
The obligation and responsibility of promoting justice in these cases resides with
the competent domestic jurisdiction.
To recapitulate this fourth part of
the Report, it might be said that the measures employed by the Holy See to take effective
legislative, administrative, judicial or other measures to prevent and to prohibit
torture and to address its root causes to avoid future acts in this area are abundant.
This manifests the Holy See’s desire “to lend its moral support and collaboration
to the international Community, so as to contribute to the elimination of recourse
to torture, which is inadmissible and inhuman.”
In line with above considerations,
the Holy See assures this Committee of its continued implementation and promotion
of the Convention against Torture. An analysis of the Concluding Observations offered
in the reviews of other Member States suggests that an evolution in the interpretation
of this document may raise some questions on the part of the States Parties. As Party
to the CAT, the Holy See wishes, that in the application of the Convention to all
appropriate new situations, all should remain within its specific area of concern
that the CAT outlines.
My Delegation believes that the Holy See has fulfilled
in good faith the obligations assumed under CAT, since it has integrated its values
and principles into the legislation of Vatican City State according to the particular
and unique nature of this State. In conclusion, allow me to underscore the singular
role the Holy See has played, and will continue to play, in advocating on a global
level the values and all human rights that safeguard the dignity of every person and
which are a necessary component for friendly relations among peoples and peace in
the world.