CSDC 404

The activity of offices charged with establishing criminal responsibility, which is always personal in character, must strive to be a meticulous search for truth and must be conducted in full respect for the dignity and rights of the human person; this means guaranteeing the rights of the guilty as well as those of the innocent. The juridical principle by which punishment cannot be inflicted if a crime has not first been proven must be borne in mind. In carrying out investigations, the regulation against the use of torture, even in the case of serious crimes, must be strictly observed: “Christ's disciple refuses every recourse to such methods, which nothing could justify and in which the dignity of man is as much debased in his torturer as in the torturer's victim”.⁸³⁰ John Paul II, Address to the International Committee of the Red Cross, Geneva (15 June 1982), 5: L'Osservatore Romano, English edition, 26 July 1982, p. 3. International juridical instruments concerning human rights correctly indicate a prohibition against torture as a principle which cannot be contravened under any circumstances. Likewise ruled out is “the use of detention for the sole purpose of trying to obtain significant information for the trial”.⁸³¹ John Paul II, Address to the Italian Association of Judges (31 March 2000), 4: AAS 92AAS — Acta Apostolicae Sedis (official gazette of the Holy See)Volume 92 (2000) at vatican.va — scanned PDF (2000), 633. Moreover, it must be ensured that “trials are conducted swiftly: their excessive length is becoming intolerable for citizens and results in a real injustice”.⁸³² John Paul II, Address to the Italian Association of Judges (31 March 2000), 4: AAS 92AAS — Acta Apostolicae Sedis (official gazette of the Holy See)Volume 92 (2000) at vatican.va — scanned PDF (2000), 633. Officials of the court are especially called to exercise due discretion in their investigations so as not to violate the rights of the accused to confidentiality and in order not to undermine the principle of the presumption of innocence. Since even judges can make mistakes, it is proper that the law provide for suitable compensation for victims of judicial errors.