Misplaced Pages

#540459

59-507: Ospedale Pediatrico Bambino Gesù ( Baby Jesus Paediatric Hospital ) is a tertiary care academic children's hospital located in Rome that is under extraterritorial jurisdiction of the Holy See . As a tertiary children referral centre, the hospital provides over 20 specialties of healthcare through 10 pediatric departments. The hospital, which was founded in 1869 by Duchess Arabella Salviati,

118-502: A criminal offence" who is in Mr. Colozza’s position, that person should, once he becomes aware of the proceedings, be able to obtain, from a court which has heard him, a fresh determination of the merits of the charge. The Human Rights Committee (HRC) examined Monguya Mbenge v. Zaire (1990) in which the applicant was sentenced to death while exiled in Belgium and was only able to learn of

177-411: A criminal trial. Conviction in a trial in which a defendant is not present to answer the charges is held to be a violation of natural justice. Specifically, it violates the second principle of natural justice , audi alteram partem (hear the other party). In some civil law legal systems , such as that of Italy, absentia is a recognized and accepted defense strategy. Such trials may require

236-491: A defendant in absentia is represented by court-appointed counsel and where he or she has an opportunity to be re-tried, the right to a fair trial will not be violated. The committee disagreed, describing Italy's position as: clearly insufficient to lift the burden placed on the State party if it is to justify trying an accused in absentia. It was incumbent on the court that tried the case to verify that [Maleki] had been informed of

295-469: A defendant may forfeit the right to be present at trial through disruptive behavior , or through his or her voluntary absence after trial has begun. In 1993, the Supreme Court revisited Rule 43 in the case of Crosby v. United States . The Court unanimously held, in an opinion written by Justice Harry Blackmun , that Rule 43 does not permit the trial in absentia of a defendant who is absent at

354-416: A lesser offense of abuse of office. They took into account the defence argument that the money was intended as an investment to benefit the hospital rather than Bertone's apartment. Profiti was also given a one-year jail sentence, less than the three-year sentence the prosecution had sought. Extraterritorial jurisdiction Any authority can claim ETJ over any external territory they wish. However, for

413-504: A manner specified by law. In general, the Czech Criminal Procedural Code requires the presence of the defendant in any criminal proceedings. The code recognizes the following exemptions from this rule, when criminal proceedings may be conducted without the presence of the person charged: Apart from the aforementioned cases of in absentia proceedings in the narrow sense, the defendant may also be absent during

472-710: A medical team from Children's Hospital Bambino Gesù of Rome made the world's first transplant of a permanent artificial heart in a patient 15 years old. In 2012, additional hospital buildings were opened near the Basilica of Saint Paul Outside the Walls , again on extraterritorial property of the Holy See. The Bambino Gesù Hospital (OPBG) is engaged in humanitarian activities to improve provide healthcare in 16 countries in four continents, providing care for over 900 patients and training physicians, nurses and technicians. In 2017,

531-519: A significant role in regulation of transnational anti-competitive practices . In the U.S., extraterritorial impacts in this field first arose from Standard Oil Co. of New Jersey v. United States , where Imperial Oil in Canada was ordered to be divested from Standard Oil . Current practice dates from United States v. Alcoa , where the effects doctrine was introduced, allowing for jurisdiction over foreign offenders and foreign conduct, so long as

590-489: A summons prior to being tried. In this sense, the ministers are emphasizing that it is not the presence of the accused at the hearing that is of importance, rather the focus should be on whether or not the individual was informed of the trial in time. In a 1985 judgement in the case Colozza v Italy , the European Court of Human Rights stressed that a person charged with a criminal offence is entitled to take part in

649-563: A tertiary children referral centre, OPBG offers more than 20 specialties to a 20 million population pool through 10 pediatric departments. Within the framework of the National Healthcare System, the structure of the hospital has undergone significant revision, following the new organization processes of the Italian Public Administration and public healthcare in particular. On 4 October 2010,

SECTION 10

#1732765232541

708-438: A trial in absentia can be considered compatible with Article 6, the right to a fair trial . According to Pieter Cleppe of the think-tank Open Europe , in parts of Europe, in absentia trials essentially give defendants the ability to appeal twice—asking for a retrial at which they would be present and then potentially appealing the second verdict. There are some guarantees in the legal system that make sure that it's fair, that

767-402: Is a criminal proceeding in a court of law in which the person being tried is not present. In absentia is Latin for "in (the) absence". Its interpretation varies by jurisdiction and legal system. In common law legal systems, the phrase is more than a spatial description. In these systems, it suggests a recognition of a violation of a defendant's right to be present in court proceedings in

826-504: Is based on the model of the Hôpital des Enfants-Malades in Paris. In 1924, it was donated to the Holy See. In 1985, Bambino Gesù was officially recognized as a research hospital ( Istituto di Ricovero e Cura a Carattere Scientifico ). Bambino Gesù is now part of the network of the National Healthcare System in the city of Rome. It is located on an extraterritorial area administered by

885-410: Is being heard by a court of that country). For example, many countries have laws which give their criminal courts jurisdiction to try prosecutions for piracy , sexual offences against children, computer crimes and/or terrorism committed outside their national boundaries. Sometimes such laws only apply to nationals of that country, and sometimes they may apply to anyone. Some confusion has arisen as to

944-431: Is not obliged to execute a European Arrest Warrant if the country that is making the request has already tried that person in absentia. Conditions under which trials in absentia must be recognised include: if the person can be said to have been aware of the trial; if a counsellor took their place at the trial; if they do not request an appeal in due time; and if they are to be offered an appeal. The framework decision on

1003-756: The Australia Act 1986 . The Criminal Code asserts jurisdiction over the following offences outside Canada : Article 38 of the Hong Kong national security law , passed in Jun 2020, asserts that the law applies to all persons - regardless of nationality - both inside and outside Hong Kong . Crimes covered under the national security law include: Under Section 72 of the Sexual Offences Act 2003 , British citizens can be prosecuted for sexual offences committed against children abroad. Section 72

1062-829: The Associated Press (AP) reported that a 2014 Vatican investigation had found that the hospital had changed its focus and was "more aimed at profit than on caring for children". The AP reported that overcrowding and poor hygiene contributed to deadly infection, including a 21-month superbug outbreak that killed eight children. It also found that in order to save money, disposable equipment and other materials were used improperly, with one order of cheap needles breaking when injected into tiny veins. The report also stated that doctors were so pressured to maximize operating-room turnover that patients were sometimes brought out of anesthesia too quickly. These alleged incidents were reported to have occurred between 2008 and 2015. While some of

1121-596: The European Arrest Warrant provides for the legal guarantees relevant to trials in absentia. While the framework decision explicitly refers to Article 6 of the European Convention on Human Rights , its purpose is not to harmonise national laws on trials in absentia but to provide terms for the non-recognition of a European Arrest Warrant and other cooperative tools. The framework decision provides detailed conditions and requirements on which

1180-758: The Rome Statute of the International Criminal Court has been incorporated into domestic law in many countries to provide for the International Criminal Court to exercise jurisdiction within their borders. Economic sanctions against other countries may be instituted under either domestic law or under the authority of the United Nations Security Council , and their severity can include measures against foreign persons operating outside

1239-586: The "presumption against extraterritoriality," making explicit this judicial preference that U.S. laws not be applied to other countries. American thought about extraterritoriality has changed over the years, however. For example, the Alien Tort Statute of 1789 allows foreign citizens in the United States to bring cases before federal courts against foreign defendants for violations of the "law of nations" in foreign countries. Although this statute

SECTION 20

#1732765232541

1298-573: The American financial system is utilized by the organizers. In order to deal with the issue of private military contractors and private security contractors being used by U.S. Government agencies overseas, the Military Extraterritorial Jurisdiction Act was passed by Congress to subject them to a similar manner of jurisdiction. Certain federal property has the status of federal enclave , restricting

1357-574: The Castelli Re construction company or its owner, Gianantonio Bandera, a longtime Bertone associate. At trial, Profiti testified that hospital funds were used for the apartment renovation with the idea that Cardinal Bertone could host intimate dinners for eight to ten wealthy potential donors at least a half-a-dozen times a year, and defended himself by further testifying that the expense was justified because he intended to use Cardinal Bertone's apartment for fundraisers that would have more than repaid

1416-509: The Holy See . Since 1980, due to its prestige and to the strengthening of its relations with the Italian National Health System, it has become a significant point of reference for pediatrics at the national level. The hospital has become known in the last thirty years for its high level of specialization in the treatment of children coming not only from Rome or Italy but also from neighbouring European countries. As

1475-625: The UK to undergo FGM procedures. The Nuclear Explosions (Prohibition and Inspections) Act 1998 in Section 2 prohibits United Kingdom nationals, Scottish partnerships or bodies incorporated under the law of any part of the United Kingdom from knowingly causing a nuclear explosion in the United Kingdom "or elsewhere". In the U.S. , many states have laws or even constitutional provisions which permit cities to make certain decisions about

1534-648: The United States have held that the United States Constitution protects a criminal defendant's right to appear in person at their trial, as a matter of due process , under the Fifth , Sixth , and Fourteenth Amendments . In 1884, the Supreme Court of the United States held that the legislature has deemed it essential to the protection of one whose life or liberty is involved in a prosecution for felony, that he shall be personally present at

1593-454: The abduction were found guilty. The trial of American Amanda Knox for the 2007 murder of British student Meredith Kercher highlighted the issue of Italy's willingness to try defendants in absentia. In 2013 Italy's highest court, the Court of Cassation , decided to annul Knox's appeal (alongside the co-accused, Italian Raffaele Sollecito), thus overturning their previous acquittals, declaring

1652-478: The acquittal as "full of deficiencies, contradictions and illogical conclusions". As Amanda Knox remained at her home in the United States, her appeal was heard in absentia, in Florence, Italy. On 30 January 2014 her guilty verdict was re-instated for the murder of Kercher and her sentence set at 28 years and six months imprisonment. In the case of Goddi v. Italy , the European Court of Human Rights held that

1711-497: The application of state laws, but that has been partially rectified by the Assimilative Crimes Act . Similarly, state jurisdiction is restricted on Native American tribal lands . Generally, the U.S. founding fathers and early courts believed that American laws could not have jurisdiction over sovereign countries. In a 1909 Supreme Court case, Justice Oliver Wendell Holmes introduced what came to be known as

1770-428: The beginning of trial. This case requires us to decide whether Federal Rule of Criminal Procedure 43 permits the trial in absentia of a defendant who absconds prior to trial and is absent at its beginning. We hold that it does not. ...The Rule declares explicitly: "The defendant shall be present...at every stage of the trial... except as otherwise provided by this rule " (emphasis added). The list of situations in which

1829-486: The case against him through the media. Due to these circumstances, the committee found that a number of the applicant's procedural rights had been violated, especially in consideration of the fact that the Zairean authorities had hardly attempted to contact the applicant despite possible knowledge of the applicant's address. This highly impeded the applicant's capacity to prepare any form of defense. Failed evidence to support

Bambino Gesù Hospital - Misplaced Pages Continue

1888-615: The case that a court had tried to inform the accused of proceedings against him/her provides the committee with the opinion that the right to be tried in one's presence was violated. Under Article 8(2) of the Charter of Fundamental Rights and Basic Freedoms of the Czech Republic , which has the same legal standing as the Czech Constitution , no one may be prosecuted or deprived of their liberty except on grounds and in

1947-424: The claim to be effective in the external territory (except by the exercise of force), it must be agreed either with the legal authority in the external territory, or with a legal authority that covers both territories. When unqualified, ETJ usually refers to such an agreed jurisdiction, or it will be called "claimed ETJ" or similar terms. The phrase may also refer to a country's laws extending beyond its boundaries in

2006-451: The country in question. In 2017, German Chancellor Angela Merkel and European Union President Jean-Claude Juncker criticized the draft of new U.S. sanctions against Russia targeting the EU–Russia energy projects. France ’s foreign ministry described the new U.S. sanctions as illegal under international law due to their extraterritorial reach. Extraterritorial jurisdiction plays

2065-474: The economic effects of the anticompetitive conduct are experienced on the domestic market. The effects doctrine has been gradually developed in the U.S. and then in various forms accepted in other jurisdictions, also in the developing world. In the EU it is recognised based on the qualified effects or implementation test . Extraterritorial jurisdiction in the area of antitrust faces various limitations, such as

2124-476: The establishment of probable cause . In Gallina v Fraser , the appellant Vincenzo Gallina was convicted in absentia according to established Italian procedure for two robberies. The verdict in Gallina has been since interpreted to suggest that the presence of legal counsel alone is, in certain cases, insufficient to give an in absentia conviction that establishes probable cause. For more than 100 years, courts in

2183-425: The failure of Italy's judiciary to inform the officially appointed lawyer of the applicant in regards to the correct date of the trial hearing deprived the applicant of an effective defence, and therefore Article 6 (3) (c) had been violated. Certain case law supports the notion that in some circumstances representation by counsel at the trial will not be enough to make an in absentia conviction conclusive enough for

2242-414: The hearings. This entitlement is based on the right to a fair trial and the right to a defence, both of which are required by the convention (articles 6(1) and 6(3)). Furthermore, the court stressed that a person convicted in absentia shall be entitled to a fresh trial once he becomes aware of the proceedings: When domestic law permits a trial to be held notwithstanding the absence of a person "charged with

2301-400: The host country. Criminal jurisdiction can be of an extraterritorial nature where: Criminal codes in certain countries assert jurisdiction over crimes committed outside the country: Many countries have implemented laws that allow their nationals to be prosecuted by their courts for crimes such as war crimes and genocide even when the crime is committed extraterritorially. In addition,

2360-435: The investigation as a "hoax" and saying that it "contained false, dated and gravely defamatory" accusations and that the hospital had already been cleared by an independent report of the Holy See. After AP published the report, the Holy See released the following statement: "No hospital is perfect, but it is false and unjust to suggest that there are serious threats to the health of children at Bambino Gesù". On 13 July 2017, it

2419-662: The investment within four to five years. However, no meetings were ever reported to have been held in Bertone's apartment. On 22 September, an official of the Government of the Vatican City State testified that the remodeling project for Bertone's apartment bypassed the normal competitive bidding process and was "singular" and "anomalous". The same day, Spina testified that his immediate superior "told me there were no problems because Cardinal Bertone had clarified

Bambino Gesù Hospital - Misplaced Pages Continue

2478-503: The land beyond the town's incorporated limits. The U.S. Criminal Code asserts the following items to fall within the special maritime and territorial jurisdiction of the United States , much of which is extraterritorial in nature: Individuals involved in doping at major international sporting events can be sanctioned by the United States via the Rodchenkov Act if American companies are involved in sponsoring those events or

2537-496: The meaning of "extraterritorial jurisdiction." In its broad application, the term refers to criminal acts that were committed outside the sovereign territory of a prosecuting state. Cedric Ryngaert , Professor of Public International Law and Head of the Department of International and European Law at Utrecht University , noted that a state asserting jurisdiction over crimes committed in other jurisdictions would still prosecute in

2596-454: The pending case before proceeding to hold the trial in absentia. Failing evidence that the court did so, the [HRC] is of the opinion that [Maleki's] right to be tried in his presence was violated. In 2009, a former CIA station chief and two other Americans were tried and convicted in absentia by a Milan appeals court for the abduction of Egyptian terror suspect Osama Hassan Mustafa Nasr. The decision meant that 26 Americans tried in absentia for

2655-690: The presence of the defendant's lawyer, depending on the country. Member states of the Council of Europe that are party to the European Convention on Human Rights are bound to adhere to Article 6 of the convention, which protects the right to a fair trial. Trials in absentia are banned in some member states of the EU and permitted in others, posing significant problems for the fluidity of mutual recognition of these judicial judgments. The executing member state possesses some degree of discretion, and

2714-459: The problem of accessing foreign-based evidence, as well as the difficulties of challenged anticompetitive conduct arising from foreign state involvement. The ability of parliaments of Commonwealth countries to legislate extraterritorially was confirmed by s. 3 of the Statute of Westminster 1931 . In Australia , extraterritorial jurisdiction of the state parliaments was authorized by s.2 of

2773-595: The report's recommendations were implemented, others were not, and the report was not made public. In June 2014, Cardinal Parolin decided to strengthen the Cardinal Secretary of State 's authority over the Bambino Gesù. The Vatican later commissioned a second inquiry in 2015 which concluded after a three-day inspection that nothing was amiss. Hospital administrators responded to the AP story by describing

2832-413: The right to be present requires true freedom of choice. A trial court may infer that a defendant's absence from trial is voluntary and constitutes a waiver if a defendant had personal knowledge of the time of the proceeding, the right to be present, and had received a warning that the proceeding would take place in their absence if they failed to appear. The courts indulge every reasonable presumption against

2891-462: The rights of the defense are not being violated, while still making sure that justice is being done. In absentia judgments are common ... you can criticize that, but it's quite common. The Council of Europe has made commentary on judgments that are made in absentia. The Committee of Ministers , in Resolution (75) 11, of 21 May 1975, stated that an individual must first be effectively served with

2950-401: The sense that they may authorise the courts of that country to enforce their jurisdiction against parties appearing before them in with respect to acts they allegedly engaged in outside that country. This does not depend on the co-operation of other countries, since the affected people are within the relevant country (or at least, in a case involving a person being tried in absentia , the case

3009-463: The situation with the Holy Father in person." On 3 October 2017, Gianantonio Bandera, an Italian businessman whose now-bankrupt contracting firm renovated the apartment, testified that Bertone personally oversaw the renovation and contacted him directly without taking bids, as would ordinarily be required. On 14 October 2017, the three-judge tribunal acquitted Spina and convicted Profiti of

SECTION 50

#1732765232541

3068-659: The state's own territorial courts. Diplomatic immunity of foreign embassies and consulates in host countries is governed by the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations . They remain under the jurisdiction of the host country but are 'inviolable' (the host country's agents may not enter the premises, or detain accredited diplomats). Status of forces agreements and visiting forces agreements are in effect in many countries that allow visiting forces to exercise jurisdiction over members of their forces that are stationed in

3127-580: The trial may proceed without the defendant is marked as exclusive not by the "expression of one" circumstance, but rather by the express use of a limiting phrase. In that respect the language and structure of the Rule could not be more clear. However, in Crosby , the Rehnquist Court reiterated an 80-year-old precedent that Where the offense is not capital and the accused is not in custody, ...if, after

3186-702: The trial under following circumstances: Italy is one of several countries in Europe that allow trials in absentia, and they are a regular occurrence. In Maleki v Italy (1997), the United Nations Human Rights Committee held that the Italian policy on trials in absentia was a breach of the right to fair trial under Article 14 of the International Covenant on Civil and Political Rights . Italy argued that where

3245-548: The trial, that is, at every stage of the trial when his substantial rights may be affected by the proceedings against him. If he be deprived of his life or liberty without being so present, such deprivation would be without that due process of law required by the Constitution. A similar holding was announced by the Arizona Court of Appeals in 2004 (based on Arizona Rules of Criminal Procedure): A voluntary waiver of

3304-540: The waiver of fundamental constitutional rights. Although United States Congress codified this right by approving Rule 43 of the Federal Rules of Criminal Procedure in 1946 and amended the Rule in 1973, the right is not absolute. Rule 43 provides that a defendant shall be present However, the following exceptions are included in the Rule: Indeed, several U.S. Supreme Court decisions have recognized that

3363-539: Was announced that the Tribunal of the Vatican City State had charged the hospital's former president Giuseppe Profiti and former treasurer Massimo Spina with illicitly using money which was destined for the Bambino Gesù Children's Hospital Foundation to renovate the apartment that became the residence of the former secretary of state, Cardinal Tarcisio Bertone . No charges had been filed against Bertone,

3422-610: Was ignored for many years, U.S. courts since the 1980s have interpreted it to allow foreigners to seek justice in cases of human-rights violations in foreign lands, such as in Sosa v. Alvarez-Machain . In Morrison v. National Australia Bank , 2010, the Supreme Court held that in interpreting a statute, the "presumption against extraterritoriality" is absolute unless the text of the statute explicitly says otherwise. Economic sanctions with extraterritorial impact have been instituted under: Trial in absentia Trial in absentia

3481-459: Was used to convict paedophile Richard Huckle on 71 counts of serious sexual offences against children in Malaysia. Huckle was sentenced to 22 life sentences. While no official tally is kept, seven people are believed to have been convicted under Section 72. The Female Genital Mutilation Act 2003 asserted extraterritorial jurisdiction to close the loophole whereby girls could be taken outside

#540459