At the 78th UN General Assembly, the Holy See supports new measures to address crimes against humanity, asking that they be extended to prevent individuals from being extradited to countries where they risk torture or the death penalty.
By Joseph Tulloch
Archbishop Gabriele Caccia, the Permanent Observer of the Holy See to the United Nations, spoke yesterday at the 78th session of the organisation’s General Assembly in New York.
The Italian Archbishop emphasised the Church’s support for “a universal, multilateral, legally binding instrument” on the prevention of crimes against humanity. This would, he said, be a means of “upholding the dignity of every human person, promoting international cooperation and ending impunity for perpetrators.”
At the same time, Archbishop Caccia noted, given that it would be vital for any such Convention to be universally adopted, it is crucial that, when defining crimes, it “follow scrupulously the existing customary norms, without seeking to innovate.”
Safeguarding prisoners
In a separate speech to the same General Assembly, the Archbishop also reflected on the importance of safeguarding prisoners.
In a speech read aloud by Msgr. Robert Murphy, Vice-Permanent Observer of the Holy See to the UN, he welcomed Draft Article 5, which proposes that no person be returned to a jurisdiction where they would be in danger of suffering a crime against humanity.
This article, the Arcibishop said, should be extended to ensure that “no person is extradited to a jurisdiction where he or she would be in danger of being subjected to torture or to the death penalty.”
Archbishop Caccia also welcomed Article 11, which discusses fair treatment of perpetrators and respect for international human rights obligations.
This article too, however, he said, should also be extended to promote “both the reintegration of the offenders and their reconciliation with society.”
“In particular,” the Archbishop said, “offenders must have access to religious ministers who may assist them in making amends for their crimes.”
The death penalty
In a third speech, also read by Msgr. Murphy, Archbishop Caccia stressed that, if the Convention on human rights is to be adopted, it must contain safeguards to avoid conflict with “the duty of States to uphold the right to life, to prevent torture and to respect other fundamental human rights.”
He thus expressed the Church’s support for the wording of Draft Article 13(7), which allows States that have abolished the death penalty not to extradite alleged offenders if they may be subject to the death penalty.
“Similarly,” he emphasised, “those States which maintain the death penalty in their legislation but do not apply it in practice should be able to refuse extradition on the same basis.”
