Vatican City (AP) — During a session on Tuesday in the Vatican’s much-publicized trial, defense attorneys claimed that Pope Francis unintentionally breached their clients’ fundamental rights by issuing four confidential decrees, which they argue permitted prosecutors to conduct investigations in a manner akin to a “fascist” regime, where laws are not made public.
The atmosphere in the intricately decorated Vatican courtroom was highly tense as the appeals trial resumed following a three-month hiatus. At one point, Archbishop Alejandro Arellano Cedillo, the tribunal’s president, requested that lawyers avoid mentioning Francis by name, highlighting the complications his involvement brings to the pivotal financial case. The challenge lies in the reality that popes are only accountable to God, while Francis faces allegations of enacting decrees that compromised the rights of the defendants.
Background on the Case
This trial primarily revolves around Cardinal Angelo Becciu, a former influential figure, and eight other individuals, who were convicted of various financial offenses in 2023 after a lengthy two-year investigation. Central to the case is the Vatican’s investment of 350 million euros (approximately $413 million) in a London property, where prosecutors claimed brokers, along with Vatican officials, defrauded the Holy See of tens of millions in fees and extorted an additional 15 million euros (around $16.5 million) for control of the property.
Progress of the Trial
The investigation led to Becciu’s conviction for embezzlement, resulting in a 5.5-year prison sentence. Eight other defendants faced similar charges, including embezzlement and abuse of office. All parties involved have asserted their innocence and filed appeals. Prosecutors also challenged the tribunal’s decisions, as their broader conspiracy theory aimed at defrauding the Holy See was largely dismissed, with convictions limited to secondary charges.
Procedural Issues
Last month, the Vatican’s highest Court of Cassation upheld a decision to dismiss the prosecutor’s appeal due to a procedural error by prosecutor Alessandro Diddi, who subsequently resigned from the case. This came amidst controversies surrounding a series of WhatsApp chats that raised doubts about the integrity of the trial, pointing to improper conduct by Vatican officials, including prosecutors and even Francis.
Focus on Francis’ Role
The ongoing appeals process is now emphasizing Francis’ participation in the investigation. Defense counsels previously argued their clients could not achieve a fair trial in an absolute monarchy where the pope holds all legislative, executive, and judicial power. The controversial executive decrees signed by Francis in late 2019 and early 2020 granted prosecutors extensive powers, allowing unchecked surveillance and deviation from existing legal standards without prior publication.
Legal Implications
Legal experts have pointed out that the secrecy and improvised nature of these decrees conflict with fundamental principles needed for a fair trial, including the necessity for “equality of arms” between the defense and prosecution. The defense was entirely unaware of the prosecution’s newly acquired investigative abilities. During the trial, attorney Mario Zanchetti argued that the absence of publication rendered the entire trial invalid. He noted that even authoritarian regimes like Iran and Russia require laws to be openly published to ensure fair execution of justice, indicating the potential risks of the Vatican’s procedural practices. Zanchetti suggested that the judges could characterize the decrees as ineffective administrative acts, potentially rendering the evidence obtained under them inadmissible without implicating Francis directly in misconduct.
