Court of Cassation

Former IOR head Caloia: in favour of recognising the Vatican judges’ conviction in Italia

According to the bank’s former senior management, this was the result of proceedings that did not comply with the guarantees of a fair trial. The Court of Cassation ruled that the judges from across the Tiber had acted independently and impartially

by Patrizia Maciocchi

ANSA/LUCA ZENNARO ANSA

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

The Vatican’s judicial system is impartial and independent. It complies with the criteria for due process laid down by the European Convention on Human Rights. And although the judges are appointed by the Pope, they are subject only to the law.

The Court of Cassation has thus given the green light to the recognition in Italia, for civil purposes, of the judgement by which, in 2023, the Vatican City State Court of Cassation upheld the conviction, imposed by the Court of Appeal of the Vatican City State, on the former president of the Institute for Religious WorksAngelo Caloia, born in 1939, to eight years and six months’ imprisonment and a fine of 12,500 euros for money laundering and embezzlement, with an obligation to pay compensation.

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The first conviction for financial offences

In 2021, however, the first-instance conviction was handed down, whenfor the first time the Holy See had imposed a sentence on the head of the IOR, the so-called ‘Vatican Bank’, for a financial offence committed within the Vatican walls.

Caloia succeeded Monsignor Paul Marcinkus as head of the IOR, a position he held for twenty years from 1989 to 2009.

The story

The case that has come to the attention of the courts concerns the sale of 29 propertiesowned by the Vatican Bank and its subsidiary Sgir (Società per gestioni di immobili Roma). According to the prosecution, during the disposal of these assets, the defendants had misappropriated sums totalling over 57 million euros, of which they had embezzled 16 million.

At first instance, the Court, whilst finding that the amount of funds misappropriated was 31 million, had imposed sentences on the defendants ranging from 8 years and 11 months’ imprisonment to a fine of 12.5 million euros (to be paid by Caloia and Mr Liuzzo), and 5 years and 2 months’ imprisonment and a fine of 8,000 euros for Lamberto Liuzzo, as well as the confiscation of 16.8 million euros and compensation for damages in favour of the civil parties.

The Supreme Court has now dismissed the appeal lodged by the former head of the IOR, who argued that his conviction could not be recognised, for civil purposes, in Italia, because the trial to which they had been subjected could not be considered fair and in accordance with Article 6 of the European Convention on Human Rights.

No interference or bias

The Supreme Court first clarifies that the conduct for which Caloia is charged is of criminal relevance both under domestic law and under the law of the Vatican City State.The judiciary of the Vatican State, although appointed motu proprio by the Pope, is accountable only to the law and operates within a judicial system that offers adequate procedural safeguards.

In the Supreme Court’s view, the allegations of interference and lack of impartiality on the part of Vatican magistrates, both lay and ecclesiastical , remain unproven . On the contrary, the judges of the Court of Cassation emphasise the various charges against the appellant that were dismissed during the trials and the procedural safeguards that were ensured, starting with the possibility of lodging a belated appeal.

Provided that the “judges” on the other side of the Tiber are not subject to interference from the highest authorities of the Vatican State, the correctness of their actions is confirmed. Specifically, the Court of Cassation points out that the predicate offence was to be identified as that of misappropriation. It also states that the acts of money laundering and self-laundering could also be established on the basis of the purchase of foreign currency and securities by Caloia.

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