05/05/2014, 00.00
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The Holy See is not the Catholic Church and is not responsible for every act committed by Catholics

Mgr Tomasi spoke at the 52nd Session of the Committee charged with implementing the Convention against Torture. The Holy See has advocated and will continue to advocate, "on a global level the values and all human rights" that safeguard human dignity. It also considers the Convention a "valid" instrument. It does however believe it should be extended to other situations, like paedophilia.

Vatican City (AsiaNews) - The Holy See has responsibility for the Vatican City State. It "has no jurisdiction [. . .] over every member of the Catholic Church", but it does "foster [in each of them] an interior conversion of hearts to love God and one's neighbour." In view of this, notwithstanding their affiliation with any Catholic institution, individuals are "subject to a particular State authority. [And] The obligation and responsibility of promoting justice in these cases resides with the competent domestic jurisdiction."

In presenting the Initial Periodic Report of the Holy See to the Committee on the Convention against Torture, Mgr Silvano M Tomasi spoke out today in Geneva against misleading views that identify the Catholic Church with the Holy See, and place a legally non-existent liability on the latter for acts committed by Catholics.

"The Holy See," he said, "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." This also applies to people who belong to Catholic institutions.

Speaking specifically about torture, the Vatican diplomat said that the "Holy See considers the Convention [. . .] a valid and suitable instrument for fighting against acts that constitute a serious offence against the dignity of the human person."

He noted that the Church, at its highest levels, came out against Torture, in particular through the papal magisterium after the Second World War and aligning Vatican City legislation in accordance with the Convention.

The "Holy See," he added, will continue to advocate, "on a global level the values and all human rights that [. . .] are a necessary component for friendly relations among peoples and peace in the world."

The "introduction of other themes, of which the Convention does not speak, effectively diminishes the original focus of the Convention and thus further jeopardizes the situations for those who are truly being abused, tortured and punished." This, in turn, "runs the risk of not only being ineffective, but even counterproductive."

Although not explicitly stated, the reference here is to those who would like to include sexual abuses committed by members of the clergy in the Convention against Torture.

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