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How the Vatican evades human rights obligations through Canon Law, diplomatic immunity and other dodges


How the Vatican evades human rights obligations through Canon Law, diplomatic immunity and other dodges

From the Link: How the Vatican evades human rights obligations through Canon Law, diplomatic immunity and other dodges

The Vatican

The Vatican

The Vatican doesn’t acknowledge human rights unless they are in accordance with Church doctrine. Its courts have been found by the EU to violate the right to a fair trial. And the Vatican has even maintained that its signature to one of the few human rights treaties it has signed (and even then with “reservations”) only applies to its own territory and not to the Catholic Church.

“One cannot then appeal to these rights of man in order to oppose the interventions of the Magisterium.”
— Joseph Cardinal Ratzinger, Prefect, Congregation for the Doctrine of the Faith, 1990 [1]

The Vatican not only quietly rejects the supremacy of human rights in principle, it also cultivates effective ways to get around having to implement them.

♦ Diplomatic recognition, sought worldwide, brings diplomatic immunity from charges of human rights abuse

The doctrine of sovereign immunity has its roots in the law of feudal England and is based on the idea that the ruler can do no wrong. In US law this is broadly applied to the heads of foreign states. [2] It was sovereign immunity that foiled an American attempt to sue Benedict XVI for the Vatican’s handling of child abuse by priests. The Church lawyers argued that the pope, as the Vatican’s head of state, enjoys immunity against lawsuits in US courts. [3]

In U.S. courts foreign countries are also generally immune from civil actions, with exemptions primarily for commercial acts. This means that unless a case can be brought in under an exemption the only recourse may be to try to sue the Vatican in a country which does not have diplomatic relations with it. However, as the map shows, most of the world’s countries (coloured blue) already recognise the statehood of the Holy See, as the Vatican is called officially.

There are very few (gray) countries left which don’t yet have diplomatic relations with the Holy See. These amount to just three island nations (the Comoros, north of Madagascar, theMaldives, southwest of India, and Tuvalu, north of New Zealand) — two African nations (Mauritania and Somalia) — three from the Middle East (Saudi Arabia, Oman and Afghanistan) — and eight from Asia (Bhutan, People’s Republic of China, North Korea, Myanmar, Laos, Vietnam, Brunei and Malaysia). [4]

X40036_727_CWVaticanRelnsCaption

The logistics of suing the Vatican from some of these countries could be daunting. Furthermore, due to the Vatican’s persistent diplomatic efforts, the number of countries which don’t recognise the Vatican is declining every year. (And one of the few left, Tuvalu, is gradually disappearing beneath the rising seas).

The Vatican’s web of diplomatic relations also makes its representatives immune to prosecution under international law. The 1961 Vienna Convention tries to provide diplomats with the security needed to perform their jobs. It is thanks to this treaty that states now express their displeasure by expelling the diplomats of a foreign country, rather than imprisoning them.

Diplomatic immunity in action: Archbishop Wesolowski is whisked away to the Vatican

However, this treaty was never meant to allow accused rapists of children to go free. Yet this appeared to be the intention when Bishop Paul Gallagher, the papal nuncio or pope’s ambassador to Australia refused to hand over to prosecutors documents on two priests who had abused more than 100 children over 40 years. [5] The nuncio invoked diplomatic immunity. However, as a UN committee later reminded the Vatican, [6] as a signatory of the Convention on the Rights of the Child, it was obliged to hand over this evidence. [7] Pope Francis was apparently so pleased by the nuncio’s attempts to block justice in Australia’s worst clerical abuse scandal, that the next year he promoted him to archbishop and to the number three post in his kingdom  the Vatican’s Foreign Minister. [8]

as happened in the Dominican Republic. [9] There on June 24, 2013 a deacon was arrested and admitted to procuring impoverished boys to be sexually abused by the papal nuncio Archbishop Jozef Wesolowski. [10] By the time the deacon appeared on TV and said that others in the Church knew about this [11] the nuncio had vanished. He had been secretly whisked away and reappeared in the Vatican.

At the TV station they suspected that there had been a leak.

A “dossier” accusing papal nuncio Archbishop Josef Wesolowski of sex abuse of minors was sent to Pope Francis sometime in July [2013] by Santo Domingo Cardinal Nicolás de Jesús López Rodríguez. The pope found the information credible enough to dismiss Wesolowski, nuncio to both the Dominican Republic and Puerto Rico, on Aug. 21 via confidential letter N.2706/PR to the bishops of both countries.

Neither the civil authorities nor the public knew about Wesolowski until a local TV program did an exposé on Aug. 31. The result of a year-long investigation, the broadcast contained testimony from residents of the Zona Colonial in Santo Domingo that Wesolowski paid minors for sex.

Three days after the TV broadcast, a local bishop confirmed that Wesolowski had been recalled for sexually abusing minors.

Wesolowski reportedly had left the country only a few days before. [12]

In this case the Vatican acted against its own much-touted guidelines:

the church failed to inform the local authorities of the evidence against him, secretly recalled him to Rome […] before he could be investigated, and then invoked diplomatic immunity for Mr. Wesolowski so that he could not face trial in the Dominican Republic. [13]

Once he was safely in Rome the Vatican “confirmed that Wesolowski is a citizen of the Vatican city state, that the Vatican doesn’t extradite its citizens and that as a nuncio, or Holy See ambassador, Wesolowski enjoys full diplomatic immunity”. [14] Experts in international law say that the Vatican could have lifted the nuncio’s diplomatic immunity to let him face trial in the Dominical Republic (which could hardly be accused of having an anti-Catholic judiciary). [15]

However, the Church came under increasing pressure when the United Nations Committee against Torture stepped in. In June 2014 it urged the Vatican, if the investigation warranted it, to either try Wesolowski itself under the Vatican State criminal code (not canon law) or let someone else do so — and report back on the outcome. [16]

In August 2014, the Vatican gave Wesolwski a secret canon law trial to determine if he had violated Church doctrine. The Vatican tribunal found Wesolwski’s guilty of abusing young boys and defrocked him. But it refused to provide any information about his whereabouts or how he pleaded to the charges and refused to release contact information for his lawyer. [17] This deprived Mr. Wesolowski of his diplomatic immunity — so the Vatican then fell back on his Vatican State citizenship as the reason for not handing him over.

To avoid further challenges to its jurisdiction, the Vatican refused to provide the necessary documents to Polish prosecutors, who had hoped to try Wesolowski, a dual Vatican-Polish citizen. [18] The Vatican also got the Dominican Republic to fall into line. In August 2014, the day after Wesolowski lost his diplomatic immunity, the Santo Dominican prosecutor’s office announced that it was launching an investigation. [19] However, by the end of the year, the Dominican Republic’s top prosecutor was expressing “appreciation and satisfaction” with the Vatican’s actions (!) and said that the Vatican was the right place for the trial. [20] The Dominican authorities even stonewalled the legal inquiries of Polish prosecutors about Wesolowski, [21] which forced Poland to suspend its inquiry. [22] This cleared the way for the Vatican to conduct its own trial under the criminal law of its own state, which would satisfy the UN commitee, but keep control over the proceedings.

A Polish expert on church law, Prof. Pawel Borecki, explained why the Vatican was determined to maintain control:

“The Vatican will seek that this case does not go beyond its borders. Wesolowski is a high-ranking diplomat. He has knowledge of how the Roman curia works. He may also know about pedophilia in the church and if other high-ranking priests are involved in the crime. In a trial abroad he could reveal everything. Therefore, we can expect that the Vatican will not release him and it will hand down a severe punishment.” [23]

♦ Keeping out of key human rights treaty shields Vatican courts from international standards

The Vatican can’t be censured for violating the right to a fair trial which is enshrined in the European Convention on Human Rights because it hasn’t signed the treaty. Instead, in a 2001 court case, it was Italy that was faulted for enforcing the unfair judgement of the Vatican court.

In essence the European Court of Human Rights found in 2001 that the procedures of the Roman Rota, the ecclesiastical appeals court responsible for marriage-annulment applications, failed to reach the standards required for a fair trial under article 6(1) of the European Convention and that, therefore, its judgments could not properly be recognized and enforced under Italian law. ECHR noted that in Rota proceedings witness statements were not provided to parties, thus depriving the parties of an opportunity to comment on them. The parties were not advised that they could appoint lawyers to appear for them, nor advised of the terms of the legal submissions made by the canon lawyer appointed by the court to argue against annulment. Finally, the parties were refused sight of a full copy of the Rota’s judgment, in which the ecclesiastical court set out its reasoning. Given these circumstances, the Strasbourg court took the view that justice was not done in annulment proceedings before church courts. [24]

“As new scandals erupt in Germany, Holland, Italy, Spain, Brazil and Nigeria, the Pope has failed to put in place and enforce mandatory child protection policy across his church. I asked a senior church figure why this was the case. I was told that to put in place global policy underpinned by church law would admit that the Vatican had the responsibility and the power to do so, and expose it to lawsuits and potentially massive financial losses.” ― Colm O'Gorman, Independent, 9 March 2010

“As new scandals erupt in Germany, Holland, Italy, Spain, Brazil and Nigeria, the Pope has failed to put in place and enforce mandatory child protection policy across his church. I asked a senior church figure why this was the case. I was told that to put in place global policy underpinned by church law would admit that the Vatican had the responsibility and the power to do so, and expose it to lawsuits and potentially massive financial losses.” ― Colm O’Gorman, Independent, 9 March 2010

♦ Damage limitation, part 1: Blame the bishops

If the Vatican doesn’t sign a human rights treaty, it’s easier to confine blame (and costs) to the local bishop. This helps the Vatican deny all responsibility for what is done in the Church worldwide. Thus the Vatican’s top prosecutor admits no fault on the part of the Church watchdog body, the Congregation of the Doctrine of the Faith which, under Cardinal Ratzinger (now the present pope), dealt with abuse cases. [25]

♦ Damage limitation, part 2: Blame the priests

Even better, from the Vatican’s point of view, is to place sole blame on the errant priests.

In the US Vatican lawyers argued that Roman Catholic clerics are not officials or employees of the Holy See. [26] This is now the main Vatican defence against lawsuits in the United States seeking to hold the Holy See liable for the failure of its bishops to stop priests from raping and molesting children.

Usually foreign countries are immune from civil actions in U.S. courts, but there are exceptions to the Foreign Sovereign Immunity Act which courts have said were applicable in this case. The statute says that plaintiffs can establish subject matter jurisdiction over a foreign sovereign, if a crime was committed in the United States by any official or employee of the foreign state and that the crimes were committed within the scope of employment. [27]

In the UK the same argument is being repeated. The English Catholic Church said priests are self-employed and thus it’s not responsible for victim compensation. Mindful of the dioceses in the US which were obliged to pay compensation to victims of clerical abuse and in some cases have gone bankrupt, [28] it has tried to argue that priests are self-employed. [29] However, in a High Court ruling on 8 November 2011 the judge rejected that argument, stating that the relationship between a priest and his bishop is sufficiently close so as to impose responsibility. According to the alleged victim’s lawyer, “This is a key decision with potentially far-reaching implications, effectively extending the principle of vicarious liability”. [30]

There are other theological variations on the responsibility theme: Whereas the Catholic Church says that its priests are self-employed, the Church of England, in order to avoid giving its priests workers’ rights, claimed they were employed by God. [31] And since 2008 it has said that they are “office holders”, in other words, employed by no one.

In Australia, too, the Vatican tries to hold the priests, and not the Church, legally liable in cases of abuse. It does through the remarkable claim, supported in a 2007 decision by the Supreme Court of New South Wales, that the “Catholic Church” does not exist as a single legal entity. [32] Therefore it cannot be sued; it cannot be held responsible for the behaviour of individuals who work in its “unincorporated associations”. Victims of assault could sue the responsible individuals or their unincorporated associations but it would be pointless; the individual religious take vows of poverty and the unincorporated associations own nothing. [33]

However, in 2014 Cardinal George Pell suggested that the Australian Church was no more responsible for priests’ crimes than any other organisation was for its employees. [34] Yes, employees.

♦ Damage limitation, part 3: Blame religious orders then let them refuse to pay

The English High Court and Court of Appeal both ruled that a Catholic diocese was liable to compensate the boys in a Catholic home who had been beaten, kicked and raped. However, that didn’t stop the diocese from claiming that a religious order was responsible and refusing to pay. And, of course, the order also denied any responsibility. [35] By 2012 the legal proceedings had been dragging on for eight years and due to the strain, many of the broken victims had dropped out of the process. [36]

And in Ireland where the Catholic Church and 19 religious orders agreed to split the compensation 50-50, the orders, one after another, have refused to pay. As of 2012 this had been going on for ten years. [37]

Even the four orders of Catholic nuns who ran the Magdalene Laundries and profited from what amounted to slave labour have refused to pay. [38] The Good Shepherd Sisters, The Sisters of Our Lady of Charity, The Sisters of Mercy and The Sisters of Charity are keeping all the profits from selling prime real estate when their gulags were shut down are refusing to share this with their victims. [39]

In Canada it’s the same story. Eight Catholic orders ran the orphanages and psychiatric hospitals in the Province of Quebec. Federal subsidies were greater for psychiatric hospitals than for orphanages, so to maximise the profits, large numbers of normal children were “diagnosed” as feeble-minded or insane. In both kinds of Church-run institutions the children were subjected to unimaginable brutality and many died. Yet neither the orders involved nor the Vatican are willing to pay any compensation to the traumatised survivors. [40]

Since the pope is the head of every Catholic religious order, they must be doing this with his consent. As David Clohessy of the Survivors Network of those Abused by Priests, writes,

The Catholic church isn’t some loosely-knit hippie commune. It’s a rigid, secretive, tightly-knit institution. So when crimes happen, it’s disingenuous for church officials to pretend that everyone involved is disconnected from one another. [41]

♦ Damage limitation, part 4: Blame the victim

In a sworn deposition in 2011 the bishop of Syracuse actually said that the victims of child-molesting priests are partly to blame for their own abuse. [42]

♦ Damage limitation, part 5: Lobby against extending the time limits for suing the Church

Many victims are unable to talk about abuse or face their accusers until they reach their 30s, 40s or later, putting the crime beyond the reach of the law. Yet in some US states, like New York, the victim is required to come forth by age 23. The US Supreme Court ruled that changes in criminal limits (statues of limitation) cannot be retroactive, so that any extension of present ones they will affect only recent and future crimes. [43] However, even this the Catholic Church is lobbying to prevent. If it succeeds, then the time limits can prevent penalties being applied for human rights abuses. Even when the Church admits it knew about the abuse, the priest admits that he did it, and there is independent evidence to back this up, “if the statute of limitations has expired, there won’t be any justice”. [44]

♦ Damage limitation, part 6: other “evasions and machinations” 

These include (but are not confined to):

— Spending millions of dollars to fight sexual abuse lawsuits and keeping sealed the names of thousands of accused priests, as well as the outcomes of some disciplinary cases sent to the Vatican. [45]

— Hiding funds to avoid compensating victims. In 2007 a judge in informed the Diocese of San Diego that its attempt to shift the diocese’s assets while the case was pending violated bankruptcy laws. [46] And that same year the Vatican allowed the Milwaukee archdiocese to transfer $57 million into a trust for Catholic cemetery maintenance, where it might be better protected, as Archbishop Dolan wrote, “from any legal claim and liability.” [47]

— Legal quibbles of all kinds. For instance, in 2011 church leaders in St. Louis claimed not to be liable for an abusive priest because while he had gotten to know a victim on church property, the abuse itself happened elsewhere. [48]

— Going after honest clerics who act as whistleblowers. A group of priests and nuns formed in 2013 says the Roman Catholic Church is still protecting sexual predators. Calling themselves the Catholic Whistleblowers, they say that priests who spoke up have been “removed from their parishes, hustled into retirement or declared ‘unstable’ and sent to treatment centres for clergy with substance-abuse problems or sexual addictions.” [49]

— Subjecting the victims to an oath of secrecy. This is the oath that the victims of the Irish paedophile priest Father Brendan Smyth were obliged to swear before Cardinal Sean Brady in 1975 when he was a priest and professor of canon law: [50]

“I will never directly or indirectly, by means of a nod, or of a word, by writing, or in any other way, and under whatever type of pretext, even for the most urgent and most serious cause (even) for the purpose of a greater good, commit anything against this fidelity to the secret, unless a…dispensation has been expressly given to me by the Supreme Pontiff.” [51]

— Tipping off accused clerics to allow destruction of evidence. In Australia in 2002, when a bishop learned that a child victim of one of his priests had gone to the police, he drove to a neighbouring town to warn him. This gave the priest, who was later comnvicted for repeatedly raping four children, the chance to destroy incriminating evidence. [52]

— Witness intimidation. In Germany in 2009 the Catholic Church hired detectives who turned at the homes of abused children and tried to get them retract their claims against one of its priests. [53]

— Hush money. In Australia in 2015 the nephew of a priest said that Cardinal Pell had tried to bribe him to keep quiet about abuse by his uncle. [54] And this tactic was proven to have been used in Germany in 1999, when cash payments were made to the parents of abused children at the same time as they signed agreement to remain silent. See Money for silence.

 It has been plausibly claimed that “the failure of the Vatican to promulgate a mandatory worldwide code of conduct, with a reporting requirement (for child abuse)...stems precisely from a fear of acknowledging its authority over national churches and implicitly conceding that priests and bishops, whom it appoints, are actually its agents in a legal sense.” — Patrick Smyth

It has been plausibly claimed that “the failure of the Vatican to promulgate a mandatory worldwide code of conduct, with a reporting requirement (for child abuse)…stems precisely from a fear of acknowledging its authority over national churches and implicitly conceding that priests and bishops, whom it appoints, are actually its agents in a legal sense.” — Patrick Smyth

♦ The Church follows its own Canon Law (which can be changed by a stroke of the papal pen) and must be forced to comply with civil law which is based on human rights

Amnesty International criticised the Vatican in its 2011 report, claiming it “did not sufficiently comply with its international obligations relating to the protection of children”. AI pointed out that the Vatican enlarged its own definition of “crimes in canon law” beyond “the sexual abuse of minors” ― but not the punishments

Amendments to the canon law promulgated in May introduced the “delicts” of paedophile pornography and abuse of mentally disabled people; the maximum punishment for these “delicts” is dismissal or deposition. Canon law does not include an obligation for Church authorities to report cases to civil authorities for criminal investigation. Secrecy is mandatory throughout the proceedings. [55]

As if the record unpunished priest abusers were not proof enough, a letter written in 2001 by a senior Vatican official has come to light praising a French bishop when he was convicted of failing to report a paedophile priest to the police. In 2010 the Bishop was given a three-month suspended prison sentence for not denouncing the priest, who was sentenced to 18 years in jail in 2000 for sexually abusing 11 boys. [56]

However, Cardinal Castrillon Hoyos, Prefect of the Congregation of the Clergy, told the Bishop, “I congratulate you for not denouncing a priest to the civil authorities.” And he concludes the letter to the French bishop by holding up the Bishops’ behaviour as a model for others; “This Congregation, in order to encourage brothers in the episcopate in this delicate matter, will forward a copy of this letter to all the conferences of bishops.” [57]

The Cardinal said afterwards that his letter was about protecting the seal of the confessional in accordance with Church law (Canon 983), but there is no mention of this in the text itself and at his trial the Bishop disputed this. [58] However, even if this were true, this would not hold in France which has apparently legislated a “duty to report” where children are involved. “French law recognises the seal of the confessional as part of a protected category of ‘professional secrets’, but makes an exception for crimes committed against minors”. [59]

 “Clericalism has many faces.  It is the delusion that priests speak for the Almighty and therefore are entitled to special treatment and even immunity from accountability for criminal behavior. It is the source of the conviction held by many, including top-level Vatican officials, that the legal systems of secular society are subordinate to Canon Law, the Catholic Church’s own system of governance.” ― Rev. Thomas P. Doyle, O.P., J.C.D.

“Clericalism has many faces. It is the delusion that priests speak for the Almighty and therefore are entitled to special treatment and even immunity from accountability for criminal behavior. It is the source of the conviction held by many, including top-level Vatican officials, that the legal systems of secular society are subordinate to Canon Law, the Catholic Church’s own system of governance.”
― Rev. Thomas P. Doyle, O.P., J.C.D.

Later the Cardinal also dropped a bombshell. He claimed that, “After consulting the pope, I wrote a letter to the bishop, congratulating him as a model of a father who does not turn in his children.” [60]

If Castrillon Hoyos is telling the truth, then John Paul personally approved sending this letter in direct violation of the instruction Card[inal] Ratzinger’s CDF had sent down months earlier, urging bishops in countries where the law obliges them to report knowledge of sexual crimes against children to civil authorities, to follow the law. If Castrillon Hoyos is being truthful, it would suggest that, as far as the pontiff was concerned, the Ratzinger directive was window dressing. [61]

The Church record of stonewalling criminal investigations certainly suggests that, until and unless forced to do otherwise, Canon Law, the legal system of the Catholic Church, is all the Church feels bound to follow. The outspoken Monsignor Maurice Dooley, an expert on Canon Law, has even stated this publicly. In 2002 he declared that bishops did not have to tell the Irish police about paedophile clerics and might even shelter these priests. “As far as the Church is concerned, its laws come first.” [62] And in April 2010 the Brazilian Archbishop Dadeus Grings concurred, saying that priestly abuse was a matter of internal church discipline, not something to report to the police. “For the church to go and accuse its own sons would be a little strange.” [63]

And even senior churchmen claiming that it is Church policy to report suspected abuse to the police have been found to be lying. In Australia, for instance, despite assurances by a bishop that the church had enforced strict rules to ensure such cases were reported to the police as a “matter of absolute policy’”, he and an archbishop secretly defrocked an abuser who was assured that “your good name will be protected by the confidential nature of this process”. [64]

In 2014 a United Nations committee severely criticised the Vatican’s handling of abuse cases and its failure to comply with the Convention on the Rights of the Child.

The panel rejected the church’s key contention that the Vatican has no jurisdiction over its bishops and priests around the world, and is responsible for putting in effect the Convention on the Rights of the Child only within the tiny territory of Vatican City. By ratifying the convention, the panel said, the Vatican took responsibility for making sure it was respected by individuals and institutions under the Holy See’s authority around the world. [65]

To this the Vatican replied by using its usual shell game, switching between its three identities, as dictated by expediency:  “The Committee has overlooked important distinctions between the Holy See, Vatican City State and the universal Catholic Church.” [66]

Further reading about the Pope and the law

Geoffrey Robertson, QC, “Put the pope in the dock. Legal immunity cannot hold. The Vatican should feel the full weight of international law”, Guardian, 2 April 2010. [This is a proposal to prosecute the Vatican under criminal law, where diplomatic immunity does not apply, but where an arrest could only be made in a country (like the UK, but not the US) which has signed the Statute of the International Criminal Court.]

“Call to treat Vatican as a rogue state: Lawyer Geoffrey Robertson says the church must abandon canon law”,Sydney Morning Herald, 9 September 2010. http://www.smh.com.au/world/call-to-treat-vatican-as-a-rogue-state-20100908-151cg.html

Afua Hirsch, “Canon law has allowed abuse priests to escape punishment, says lawyer”, Guardian, 7 September 2010. http://www.guardian.co.uk/world/2010/sep/07/canon-law-abuse-priests-escape-punishment

Alan Duke, “Lawsuit demands Vatican name priests accused of sex abuse”, CNN, 22 April 2010.  “Pope Benedict XVI was named as a defendant because he has the ultimate authority to remove priests and because of his involvement in reviewing sex abuse cases when he was Cardinal Joseph Ratzinger, the suit says.” [This is a suit under civil law and, as the US has recognised the Holy See by establishing diplomatic relations with it, this suit depends upon proving that the Holy See acted in a manner which removes its immunity, as outlined above.]

Further reading about the Pope and the law

Geoffrey Robertson, QC, “Put the pope in the dock. Legal immunity cannot hold. The Vatican should feel the full weight of international law”, Guardian, 2 April 2010. [This is a proposal to prosecute the Vatican under criminal law, where diplomatic immunity does not apply, but where an arrest could only be made in a country (like the UK, but not the US) which has signed the Statute of the International Criminal Court.]

“Call to treat Vatican as a rogue state: Lawyer Geoffrey Robertson says the church must abandon canon law”,Sydney Morning Herald, 9 September 2010. http://www.smh.com.au/world/call-to-treat-vatican-as-a-rogue-state-20100908-151cg.html

Afua Hirsch, “Canon law has allowed abuse priests to escape punishment, says lawyer”, Guardian, 7 September 2010. http://www.guardian.co.uk/world/2010/sep/07/canon-law-abuse-priests-escape-punishment

Alan Duke, “Lawsuit demands Vatican name priests accused of sex abuse”, CNN, 22 April 2010.  “Pope Benedict XVI was named as a defendant because he has the ultimate authority to remove priests and because of his involvement in reviewing sex abuse cases when he was Cardinal Joseph Ratzinger, the suit says.” [This is a suit under civil law and, as the US has recognised the Holy See by establishing diplomatic relations with it, this suit depends upon proving that the Holy See acted in a manner which removes its immunity, as outlined above.]

Notes

  1. Joseph Cardinal Ratzinger, Prefect, Congregation for the Doctrine of the Faith, “Instruction: Donum veritatis, On the Ecclesial Vocation of the Theologian”, 1990-03-24, #36.
  2. “”Immunity”, The Free Dictionary.
  3. John L. Allen Jr, “The autonomy of bishops, and suing the Vatican”, National Catholic Reporter, 21 May 2010.
  4. Sandro Magister, “The Holy See’s Diplomatic Net. Latest Acquisition: Russia”, Chiesa, 14 January 2010.
    The Holy See does not yet have relations with sixteen countries, most of them in Asia, many of them with majority Muslim populations. There is no Vatican representative in nine of these countries: Afghanistan, Saudi Arabia, Bhutan, the People’s Republic of China, North Korea, the Maldives, Oman, Tuvalu, and Vietnam. While in seven other countries there are apostolic delegates, pontifical representatives to the local Catholic communities but not to the government. Three of these countries are African: the Comoros, Mauritania, and Somalia. And four of them are Asian: Brunei, Laos, Malaysia, Myanmar.
  5. “Australian abuse inquiry faces diplomatic standoff with Vatican”, National Catholic Reporter, 19 December 2013.
  6. [UN] Committee against Torture, Concluding observations on the initial report of the Holy See, 17 June 201, #14.
  7. See article 6.1, “Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.” Adopted and opened for signature, ratification and accession by General Assembly resolution A/RES/54/263 of 25 May 2000, entered into force on 18 January 2002,
  8. “British archbishop who claimed diplomatic immunity to avoid handing documents to paedophile investigators is promoted to third highest role in Vatican by the Pope”, Daily Mail, 10 November 2014.
  9. “Dominican Republic says Vatican to handle landmark sex abuse case”, Agence France-Presse, 1 December 2014.
  10. Laurie Goodstein, “Vatican Defrocks Ambassador in Abuse Inquiry”, New York Times, 27 June 2014.
  11. . “Priests accused of child sex abuse to stand trial in Poland?”, Radio Poland, 16 October 2013.
  12. Betty Clermont, “Pope Francis Concealed His Actions Against Two Prelates. Now Both ‘Whereabouts are Unknown’”, Daily Kos, 29 September 2013.
  13. Laurie Goodstein, “For Nuncio Accused of Abuse, Dominicans Want Justice at Home, Not Abroad”, New York Times, 23 August 2014.
  14. “Vatican to Polish prosecutor: we don’t extradite”, Associated Press, 11 January 2014.
  15. Laurie Goodstein, “For Nuncio Accused of Abuse, Dominicans Want Justice at Home, Not Abroad”, New York Times, 23 August 2014
  16. The United Nations Committee against Torture said on 17 June 2014, ref CAT/C/VAT/CO/1:
    Impunity

    13. The Committee appreciates the confirmation provided regarding the ongoing investigation under the Vatican City State Criminal Code of allegations of sexual abuse of minors by Archbishop Josef Wesolowski, former papal nuncio to the Dominican Republic. The Committee notes that the Republic of Poland has reportedly requested the extradition of Archbishop Wesolowski. The Committee also is concerned that the State party did not identify any case to date in which it has prosecuted an individual responsible for the commission of or complicity or participation in a violation of the Convention (arts. 4, 5, 6, 7 and 8).

    The State party should ensure that its competent authorities proceed to a prompt and impartial investigation of Archbishop Wesolowski and any other persons accused of perpetrating or being complicit in violations of the Convention who are nationals of the State party or are present on the territory of the State party. If warranted, the State party should ensure such persons are criminally prosecuted or extradited for prosecution by the civil authorities of another State party. The Committee requests the State party to provide it with information on the outcome of the investigation concerning Archbishop Wesolowski.

  17. “Dominican court opens case on ex-Vatican official”, Associated Press, 31 August 2014.
  18. “Poland Suspends Inquiry Into a Former Vatican Envoy”, New York Times, 22 December 2014.
  19. “Dominican court opens case on ex-Vatican official”, Associated Press, 31 August 2014.
  20. “Dominican prosecutor OKs Vatican sex abuse case”, Associated Press, 2 December 2014.
  21. “Poland suspends paedophilia investigation against archbishop”, Polski Radio, 19 December 2014.
  22. “Poland Suspends Inquiry Into a Former Vatican Envoy”, New York Times, 22 December 2014.
  23. Donald Snyder, “Venue debated for trial of former nuncio accused of abusing minors”, National Catholic Reporter, 6 September 2014.
  24. Pellegrini v. Italy, 2001-VIII, Application No: 30882/96
  25. Laurie Goodstein, “U.N. Panel Criticizes the Vatican Over Sexual Abuse”, New York Times, 5 February 2014.
  26. Stoyan Zaimov, “Catholic Church Not Employer of Pedophile Priests, US Judge Rules”, Christian Post, 22 August 2014.
  27. “Bishops who mishandle abuse must be accountable, says Vatican official”, Catholic Herald, 8 February 2012.
  28. “Pope-bishop relationship key in sex abuse defense”, AP, 18 May 2010.
  29. “Settlements and bankruptcies in [American] Catholic sex abuse cases”, Wikipedia.
  30. “Catholic bishop criticises ruling on church liability for actions of priests”, Guardian, 15 November 2011.
    Crispian Hollis, Bishop of Portsmouth, “The Diocese, Fr Wilf Baldwin and the High Court Judgment”, 10 November 2011.
  31. “Catholic Church responsible for child abuse, High Court rules”, The Lawyer, 9 November 2011.
  32. Jonathan Petre, “Clergy close to workers’ rights”, Telegraph, 19 January 2004.
  33. Trustees of the Roman Catholic Church V Ellis & Anor [2007] NSWCA 117 (24 May 2007).
  34. Australian Cardinal angers abuse victims, The Tablet, 22 August 2014.
  35. Glen Coulton, letter to Sydney Morning Herald, 6 February 2011.
  36. “Church abuse case goes to highest court”, The Times, 23 July 2012.
  37. “Roman Catholic church stalls on £8m child abuse claims“, Observer, 15 November 2009
  38. “Counting the cost of abuse redress”, Irish Examiner, 01 October 2012
  39. “Kenny: I can’t force orders to contribute to Magdalenes redress fund”, Breaking News IE, 17 July 2013.
  40. Conor Ryan, “Site by laundry grave sold for €61.8m”, Irish Examiner, 05 July 2011.
  41. Petition concerning the Duplessis Orphans, presented to the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, on behalf of the Duplessis Orphans, by Dr. Jonathan Levy and Rod Vienneau, 15 April 2011. http://www.vaticanbankclaims.com/quebec.pdf This is a reliable summary, as any factual inaccuracies would expose this human rights lawyer to charges of perjury, as explained at the end of the document.
  42. “Child victims partly to blame in priest sex-abuse cases, Syracuse bishop testified”, Syracuse.com, 13 September 2015.
  43. “Judge: Try Philadelphia priests, official together”, AP, 29 July 2011.
  44. Marci A. Hamilton, “Why ensuring accountability for clergy sexual abuse of children has proved so difficult, even though it remains so crucial”, Findlaw, 6 May 2004.
  45. Marci A. Hamilton, a professor at the Benjamin N. Cardozo School of Law at Yeshiva University who represents plaintiffs in sexual abuse suits, quoted in “Church Battles Efforts to Ease Sex Abuse Suits”, New York Times, 14 June 2012.
  46. “Ahead of Pope Francis’ Visit, Survivors of Sexual Abuse Take Stock”, New York Times, 15 September 2015.
  47. Amnesty International, Annual Report, 2011: “Vatican”.
  48. “Dolan Sought to Protect Church Assets, Files Show”, New York Times, 1 July 2013.
    “Appeals court: Judge erred on Milwaukee archdiocese fund”, AP, 10 March 2015.
  49. “Judge Orders External Audit of San Diego Diocese Accounts”, Associated Press, carried in San Luis Obispo Tribune, 11 April 2007.
  50. “Abuse victims criticise Brady’s decision to stay”, BBC News, 18 May 2010.
  51. “Revealed: the oath Brady, Smyth and the children swore”, Irish Independent, 3 December 2012.
  52. “Courage puts shame ‘squarely where it belongs'”, Sydney Morning Herald, 24 July 2013.
  53. “Church Whistle-Blowers Join Forces on Abuse”, New York Times, 20 May 2013.
  54. “Cardinal Pell denies attempting to bribe alleged abuse victim and helping to move paedophile priest”, Tablet, 21 May 2015.
  55. “Mo. appeals court rules Catholic church not responsible for some abuse”, St. Louis Public Radio, 5 July 2011.
  56. “How the German Catholic Church Protected a Pedophile Priest”, Spiegel, 24 April 2009.
  57. Tom Heneghan, “John Paul backed praise for hiding abuse – cardinal”, Reuters, 18 April 2010.
  58. Cardinal Darío del Niño Jesús Castrillón Hoyos to Bishop Pierre Pican, 8 September 2001. Translation in “Darío Castrillón Hoyos”,
  59. John L Allen Jr, “Crisis hangs over pope in Malta like volcanic ash”, National Catholic Register, 17 April 2010.
  60. Tom Heneghan, “John Paul backed praise for hiding abuse – cardinal”, Reuters, 18 April 2010.
  61. Rod Dreher, “Cardinal: John Paul approved of cover-up”, Beliefnet, 18 April 2010.
  62. Ciaran Byrne, “Controversial cleric a ‘grade A1 idiot’, says colleague”, Irish Independent, 20 March 2010.
  63. “Catholic archbishop says kids are spontaneously gay”, Examiner.com, 8 May 2010.
  64. “Calls multiply for inquiry into handling of sex abuse”, Sydney Morning Herald, 1 August 2012.
  65. Laurie Goodstein, Nick Cumming-Brice and Jim Yardley,“ U.N. Panel Criticizes the Vatican Over Sexual Abuse”, New York Times, 5 February 2014.
  66. “Holy See’s Comments to Observations From UN Committee on Rights of the Child”, Zenit, 26 September 2014.

 

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Bill Donohue, President of the Catholic League being sued for defamation against priest abuse survivor


Missouri (USA): Catholic church dares to defame a man after he accuses priest of sex abuse, claiming he is a drug-abusing murderer

 

Bill "Pig Face" Donohue, degenerate leader of the Catholic League

Bill “Pig Face” Donohue, degenerate leader of the Catholic League

INDEPENDENCE, MISSOURI (USA) — The Catholic League for Religious and Civil Rights defamed a man who says he is a victim of priestly sex abuse as a drug-abusing murderer and a Catholic-hating bigot, the man claims in court.

Jon David Couzens Jr. sued The Catholic League for Religious and Civil Rights, its President William Donohue, the KC Catholic League, KC Catholic League President Joe McLiney and KC Catholic League Capacity Secretary James O’Laughlin, in Jackson County Circuit Court.

Couzens claims Donohue defamed him in statements responding to the Kansas City Star’s three-part series on priestly abuse, written by Judy Thomas in December 2011.


The series centered around Couzens’ claims – and subsequent lawsuit against the KC Diocese, Msgr. Thomas O’Brien and Fr. Isaac True – that he and three other altar boys, one of whom committed suicide, were sexually abused in the early 1980s.


“Thomas’ entire soap-opera yarn concerns the allegations of Jon David Couzens,” Donohue said in a statement posted on the Catholic League’s website.


“He says that a priest molested him and three other altar boys back in the early 1980s. But why should we believe a man who only now is coming forward with his tale – he never told a single soul – especially given the fact that he has been implicated in a murder? Thomas never told readers that on the night Mark Trader was murdered about a dozen years ago, Couzens got into a fight with him over a botched drug deal, and although another man was convicted, on appeal it was alleged that Couzens and two other men had ‘motive to commit the murder and the opportunity to do so.’ This is public record, so why the cover up?”


Couzens’ attorney, Rebecca Randles, told Courthouse News she has no idea where Donohue came up with the drug and murder implications. Randles said in an interview that that to her knowledge Couzens has never been subject to any drug or murder-related charges.


In the lawsuit, Couzens claims that he reported Trader’s murder in April 1992 to police, after the killer confessed to him. He claims in the lawsuit that he received a commendation from now-Sen. Claire McCaskill for his good citizenship in the murder investigation and trial.


Donohue ramped up his criticism in another statement on Dec. 8, 2011, speculating on the timing of Couzens’ abuse lawsuit with the emergence of a lawsuit filed earlier that year against the K.C. 

Diocese and priest Shawn Ratigan. That lawsuit claimed the Diocese waited nearly 6 months before reporting child pornography found on Ratigan’s computer.

“Couzens may be a hero to the Star, but his character is indeed questionable: he was implicated in a murder,” Donohue said in the statement. “Why hasn’t the Star revealed this to its readers? Does it want to ‘silence’ its critics? Why did Couzens wait 30 years before he told his ‘wrenching’ tale? Because the time was ripe to cash in after Fr. Ratigan’s name hit the papers?”


Randles said her client is not a gold-digger, and that the 30-year delay that Donohue finds suspicious is actually quite normal.


“If the memories are repressed or suppressed, there is no way to bring forth the accusations earlier,” Randles said in the interview. “Also, the average age of (priest) abuse is 12. The average age to report is 42. So 30 years is a common time frame.”


Couzens claims that Donohue’s statements falsely portray him as a drug-abusing killer and a Catholic hating bigot. Donohue’s statements were intended to incite and inflame people to confront Couzens, the lawsuit states.


As a result, Couzens says, he has been physically assaulted, cursed at on the streets, suffered emotional distress and loss of enjoyment of life.


Couzens said in a statement that he did not come forward just for himself.


“In the big picture it is a very sad thing that William Donohue and the Catholic League are attacking those who the Priesthood has already abused,” Couzens said in the statement. “I am not doing this just for me. I now understand why other victims don’t come forward. The things said about me are so cruel and offensive they cut to the core of my being. Others who don’t have my support would cower under these attacks.”


Randles said that statements such as Donohue’s are a common tactic by the Catholic League against those who claim to be abused by priests. She said the Catholic League attempts to bully and harass victims to deter them from moving forward.


Catholic League officials did not respond to a request for comment.


Couzens seeks actual and punitive damages for defamation, invasion of privacy, and negligent and intentional infliction of emotional distress.


“Mr. Donohue has been an outspoken and pugnacious defender of the church,” Randles said. “It’s our hope that he will align himself with things that are factually true.”


Randles said Couzen’s abuse lawsuit filed in 2011 against the KC Diocese and O’Brien is set for trial in April. The suit against True has been settled.

III. Evidence & Hearings: Canada


III. Evidence & Hearings: Canada.

II. The Unrepentant


II. The Unrepentant.

I. The Proclamation


I. The Proclamation.

A priest rape survivor speaks not in hate…but in hope


You Parishioners on here find my postings insulting and degrading, you find my words disgusting and nasty. Well I would ask YOU to read this posting. It will NOT be full of my swears but it speaks the truth. I just want you all to hear, from the words of a Priest Rape Survivor why we cannot forgive you just yet.

When I was diagnosed with PTSD over my priest rape and soul torture, I thought it was bull. I believed that the ONLY people whom could be classified as someone with PTSD were soldiers or those in war zones. Then my therapist started explaining to me what a person whom they diagnose with PTSD goes through, what their life is like…it was like they wrote most of that definition for me.

Yet people still think what I went through can simply go away if I just get over it, forgive the priest, forgive the church, forgive those whom harmed me.

That if I just forget…somehow this will make me all better.

What those whom think this way do not realize, for 33 years I hid what that priest did to me. I felt guilty, I hated myself for what he did to me. I called myself the Antichrist because of it.

When I thought I was the ONLY one who got raped by a priest…once I came out and started raising my voice about this evil…I found there were tens of thousands of us. Then I found out what the leadership did to protect the rapists and not us. Then I found they continue to rape us and harm us by their actions against us.

They continue to deny us justice. They just wish we would shut up and go away. They insult us, denigrate us, call us faggots, say we enjoyed and wanted what happened to us. They call us liars and gold diggers. They say we should look at others whom do the same thing.

How can anyone with what I or others went through EVER hope to get any healing from this, hope to ever find it in our hearts to forgive those whom harmed us…when they continue to do this to us?

Whom do you think Jesus Christ is going to one day, heal our pain and wipe away our tears, take away the never ending nightmares we suffer from because what those whom called themselves priests, Cardinals, Archbishops, Bishops and even Popes did to cover this evil up? I have some hope with Pope Francis…we survivors had none with Pope Benedict.

This is my first communion. I am in the first row with my two brothers. My older brother Joe on the left of me, my twin brother Paul on my right.

This is my first communion. I am in the first row with my two brothers. My older brother Joe on the left of me, my twin brother Paul on my right.

I onced loved the RCC with all of my heart and soul. When I was a young boy taking my Catechism and doing my First Communion…I was hooked to the beauty and the mysticism and most of all…the love of God and Jesus Christ. That I just had the incredible honor of having my first Communion, of taking the Holy Body and Blood of my Lord and Savior Jesus Christ into me and that meant the world to me at that moment.

That was taken away from me in one night due to the perversities of a priest. Whom that night decided his vows he made to God, Jesus Christ and all of us did not matter, that his lusts mattered, and in that night…he took the soul, the faith and the life of a scared, young boy whom had just ran away from a foster home and thought the next day he was going to go to prison til he was 18 for it.

So when YOU PARISHIONERS hear us survivors of these crimes against us, speak out in anger, speak out in pain, speak out in horror about the evils done to us…do not condemn us…help us…help us heal from all of this suffering, all of this pain. Stand up for us. Stand up for your children. I know if you are true to the church…you have some God children. Remember the vows YOU TOOK…to protect and defend the life of this baby…with your very own if you need to.

If this is true to your heart and soul, if you took vows like these and you felt them burn within you…then do this again. Take the vow again to stand up and defend the Children of the Roman Catholic Church.

Help us heal our pain, help us heal our suffering. Help us.

Former Promoter of Justice for Congregation of the Faith Addresses Canon Law Society about Abuse Situation: For Whom Is Canon Law Designed?


Former Promoter of Justice for Congregation of the Faith Addresses Canon Law Society about Abuse Situation: For Whom Is Canon Law Designed?

From the blog: Bilgrimage
Link: http://bilgrimage.blogspot.com/2013/10/former-promoter-of-justice-for.html

In my previous posting, I referred to a report Fr. Thomas Reese has published at National Catholic Reporter regarding Bishop Charles Scicluna’s recent address to the Canon Law Society of America. Scicluna was previously the Promoter of Justice for the Congregation for the Doctrine of the Faith in the Vatican. In that capacity, he was, as Reese notes, roughly the equivalent of the Vatican’s “chief prosecutor” for cases of clerical abuse in the Catholic church.

As I read what Scicluna has to say about how canon law addresses abuse cases, I’m struck by the following:
1. The emphasis of Scicluna’s reading of canon law (and this reflects the emphasis of canon law itself) is far and away skewed in the direction of protecting the rights and serving the needs of clerics–while the rights and needs of lay Catholics, and notably of lay Catholics abused by clerics, are only distantly addressed by canon law.
2. Scicluna notes that canon law envisages three ends in any process considering the guilt of a cleric: these are “reparation of scandal, restitution of justice and the conversion of the accused.” Only the second of these ends can in any way be said to address the needs of those abused by priests, and it does so only in a glancing way.
3. What’s very clear in Scicluna’s presentation is that canon law itself sees the primary problems in an abuse case as tamping down all reports that can lead to scandal and as “converting” the priest himself. Canon law has almost no room at all for considering the needs of lay Catholics who have been sexually abused by a priest, or for addressing the hurts and mending the injuries done to those who have been abused.
4. Scicluna makes three affirmations that, to my way of thinking, are mind-boggling, in that they cannot possibly hang together, and one cannot coherently affirm all three statements at the same time:

1. Pastoral leaders must find “the courage to tell victims to move on,” to stop creating “a persona out of being victims.”

2. “A tragic consequence of abuse is the loss of faith — a loss of faith in a God who is compassionate, merciful and loving. I have met victims who have renounced the faith as a consequence of what they suffered, and my attitude is silence and prayer.”

3. “The victims evangelize us.”

As I say, these three affirmations cannot possibly hang together. How is it possible for victims to evangelize us, when we tell victims that they must move on? How can someone who is not there evangelize the rest of us?
How can someone we’ve told to consider herself or himself as less than the rest of us, as an unworthy part of the body of Christ–Just move on–possibly evangelize any of the rest of us in the body of Christ? When we make people invisible, how do they retain the ability to evangelize us, to remind us of good news?
And so in what way does it make any sense at all to speak of victims renouncing “the faith,” when the faith itself clearly renounces them by informing them that they must move on, must stop being professional victims? There is, isn’t there, something egregiously evil about blaming those who are victims for their loss of faith when we ourselves–Just move on!–have created the conditions for victims’ loss of faith by treating victims of clerical sexual abuse as less than human?
What gives any human being the right to tell another human being suffering from childhood sexual abuse that it’s time to “move on,” to stop suffering, to shut up and get over it? Where does such astonishing hubris come from on the part of Catholic pastors and canonists, and how can Catholic pastors and canonists possibly imagine that they’re behaving pastorally when they engage in such hubristic, insensitive, cruel behavior?

As long as we have bishops (with canonists who think as Rev. [Reginald] Whitt [of St. Paul-Minneapolis] does to advise them) who assume that their primary pastoral responsibility as bishops, bolstered by canon law itself, is to “save” pedophile priests while ignoring the needs of the people of God, we’ll continue to have dangerous priests placed by bishops in positions in which they’ll have access to minors. And we’ll have cover-ups.

The roots of the abuse crisis in the Catholic church begin with the very governing system of the church itself, and are inscribed in that governing system’s code of canon law, which creates a two-tiered system that allocates power exclusively to the ordained, and excludes the non-ordained from all governing power and from fundamental rights within the church. Until that deeply unjust system of governance, which is itself a recipe for abuse, is rectified, the abuse will continue. And it will continue to be covered up.

Catholic priest recalls fleeing after sex abuse confession


Catholic priest recalls fleeing after sex abuse confession

9/9/13 By Gillian Flaccus of Associated Press

From the link: http://news.msn.com/us/catholic-priest-recalls-fleeing-after-sex-abuse-confession?stay=1

This undated photo shows a man identified as Carlos R. Rodriguez on the "Megan's Law" online sex offender registry maintained by the state of California. Rodriguez, 57, was a priest with the Vincentian order who confessed to molesting a 16-year-old boy in 1987. His confidential personnel file was released Monday, Sept. 9, in Los Angeles along with those of five other priests from three religious orders.

This undated photo shows a man identified as Carlos R. Rodriguez on the “Megan’s Law” online sex offender registry maintained by the state of California. Rodriguez, 57, was a priest with the Vincentian order who confessed to molesting a 16-year-old boy in 1987. His confidential personnel file was released Monday, Sept. 9, in Los Angeles along with those of five other priests from three religious orders.

 

The Rev. Carlos Rodriguez’s account of his flight after confessing to molesting a boy was among files released Monday under the terms of a lawsuit settlement.

LOS ANGELES — The orders the Rev. Carlos Rodriguez got from his religious superiors after he confessed to molesting a 16-year-old boy just hours before were swift and decisive: Leave immediately. Check into a motel. Don’t tell anyone where you are going. Await further instructions.

Rodriguez, then 31, picked up cash and waited by the phone. The next day, the regional leader of his religious order called and told him to book a plane ticket out of state. By the time the victim’s family went to police, he had checked in at a residential treatment center for troubled priests in Maryland.

“I felt like a fugitive. But what else could I do under the circumstances. I had no other choice but to follow orders,” he wrote years later in an essay that was included in his Vatican petition to be defrocked.

The essay was part of a 303-page confidential personnel file on the priest that was released Monday along with files for five other priests who were also accused of molesting children while working for their Roman Catholic religious orders — the Vincentians, the Norbertines and the Augustinians — while on assignment in the Archdiocese of Los Angeles.

Rodriguez’s file stands out because it includes a candid and detailed autobiographical account of his actions in 1987 and the steps his religious superiors took to shield him from the family and civil authorities.

The file also makes clear that officials with Rodriguez’s religious order, the Vincentians, and the LA archdiocese worked together to intercede. Both knew of Rodriguez’s confession, but no one spoke with police until the boy’s family filed a police report a month later, according to the file.

“The thing that Carlos Rodriguez does is, he lays out the truth, the underbelly, and exposes that for all that it is,” said Ray Boucher, a lead plaintiff attorney in the clergy litigation who secured the release of the files.

The religious order files are the second set to be released and more are expected in the coming weeks as religious orders comply with the final terms of a 2007 settlement with hundreds of clergy abuse victims in Los Angeles.

The archdiocese itself released thousands of pages under court order this year for its own priests, but the full picture of the problem has remained elusive without records from the religious orders, which routinely assigned priests to work in Los Angeles parishes.

Without access to Rodriguez, the police case dried up and the priest was back at work within seven months, where he molested two brothers. Rodriguez, who was defrocked in 1998, was convicted of that abuse 17 years later, in 2004, and sentenced to prison. He was released in 2008.

Now 57, he lives as a registered sex offender in Huntington Park, a gritty, industrial city southeast of Los Angeles. He has been accused of abuse in at least five civil lawsuits.

“It still weighs heavy on me,” Rodriguez, who wore a cross around his neck, said on Monday when reached at his apartment. “It’s nothing proud to talk about. I still feel remorse and it still hurts.”

The Rev. Jerome Herff, the Vincentian regional provincial who told Rodriguez to leave LA after his 1987 confession and placed him back in ministry the following year, said he urged him to leave because the boy’s family was irate and he feared for the priest’s safety. The treatment center, he said, was recommended by a law enforcement authority, although he declined to say who.

“I did what I thought was best and had to be done and what happened, happened,” Herff said in a brief phone interview. “I’ve lived with this for years and I just don’t want to go back there anymore.”

Rodriguez’s troubles began when he took two teenage boys on a trip to the Grand Canyon in 1987, roughly a year after he was ordained. The three checked into a Holiday Inn in Flagstaff, Ariz., and in his essay, Rodriguez wrote he began molesting one teen who was asleep on the floor.

The boy awoke and the novice priest, terrified at being discovered, drove nearly 500 miles through the night to deliver both teens to their families and immediately went back to his parish, where he took a shower and confessed.

The Vincentians sent him to the residential treatment center. While there, Rodriguez fretted in letters home about the “seriousness of the law in Arizona” that could get him up to 15 years in prison and asked the Vincentians for character references that would convince the Arizona prosecutor not to press charges.

When the family contacted the Los Angeles police a month later, Rodriguez’s superior told the investigating detective that the “church was aware of the situation and the defendant was currently hospitalized,” according to court papers.

The victim’s former attorney, Drew Antablin, said his client, who could not be reached for comment, was part of a larger settlement with the church in 2007.

After his release, Rodriguez was assigned to work for the archdiocese’s office of family life in Santa Barbara in 1988 and then to St. Mary’s Seminary in Santa Barbara. He took a leave of absence in 1993 after complaints of abuse surfaced again — but his superiors soon discovered he was saying Mass in a neighboring county in violation of his status.

In 1996, Rodriguez asked the Vatican to be defrocked and was exiled from the priesthood two years later.

In 2004, he pleaded guilty to molesting two brothers whom he met in 1988, just after his return to ministry. “He used his position in the church and used the victims’ faith as a weapon against them,” said Deputy District Attorney Anthony Wold, who handled that case. “It was outrageous and unforgiveable.”

Associated Press Writer Greg Risling reported from Los Angeles and Huntington Park, Calif.

Cardinal Roger Mahony defends legacy on church abuse in blog


Cardinal Roger Mahony defends legacy on church abuse in blog

2/2/13 By Gillian Flaccus

From the link: http://news.msn.com/us/cardinal-defends-legacy-on-church-abuse-in-blog

Cardinal Roger Mahony

Cardinal Roger Mahony

On his blog on Friday, retired Cardinal Roger Mahony said he was ill-equipped to deal with sexually abusive clergy when he took over the archdiocese in 1985 and quickly sought to develop policies and consult with leaders in other dioceses.

LOS ANGELES — The public rebuke of retired Cardinal Roger Mahony for failing to take swift action against abusive priests adds tarnish to a career already overshadowed by the church sex abuse scandal but does little to change his role in the larger church.

Mahony can still act as a priest, keep his rank as cardinal and remain on a critical Vatican panel that elects the next pope.

While Archbishop Jose Gomez’s decision to strip Mahony of his administrative and public duties was unprecedented in the American Roman Catholic Church, it was another attempt by the church to accept responsibility for the abuse scandal that has engulfed it.

Victims were quick to point out that Mahony’s new, paired-down local standing was in stark contrast to his continued position among the prelates at the Vatican.

The decision “is little more than window dressing. Cardinal Mahony is still a very powerful prelate,” Joelle Casteix, the Western regional director of the Survivors Network of Those Abused by Priests, said at a Friday news conference outside the Los Angeles cathedral. “He’s a very powerful man in Rome and still a very powerful man in Los Angeles.”

The Vatican declined to comment Friday when asked if the Holy See would follow Gomez’s lead and take action against Mahony.

Tod Tamberg, the archdiocese spokesman, said Mahony was in Rome several weeks ago for meetings unrelated to Thursday’s announcement. He said he did not know if Pope Benedict XVI was aware of Gomez’s announcement.

The cardinal and Gomez both declined interview requests from The Associated Press.

In a letter to Gomez posted on Mahony’s blog Friday, the cardinal said he was ill-equipped to deal with sexually abusive clergy when he took over the archdiocese in 1985 and quickly sought to develop policies and consult with church leaders in other dioceses. He reminded Gomez that he was well aware when he took over in 2011 of the steps Mahony had taken to safeguard children.

“Not once over these past years did you ever raise any questions about our policies, practices, or procedures in dealing with the problem of clergy sexual misconduct involving minors. I have stated time and time again that I made mistakes, especially in the mid-1980s,” he wrote.

“Unfortunately, I cannot return now to the 1980s and reverse actions and decisions made then. But when I retired as the active Archbishop, I handed over to you an archdiocese that was second to none in protecting children and youth.”

Gomez’s public criticism is almost unheard-of in the highly structured church institution and would have been cleared by the Vatican in advance, said the Rev. Thomas Doyle, a canon lawyer who worked for the Vatican’s Washington, D.C., embassy.

“He’s an archbishop — he cannot order a cardinal around,” said Doyle, who co-authored a 1985 report warning of a coming clergy sex abuse scandal. “The Catholic church is a monarchy. If you’re one of the princes of the realm and you’re a duke, you don’t dump on a prince without the king’s permission or you’re no longer a duke. That’s what the deal is.”

Gomez went as far as he could within this authority, but only the Pope has the power to sanction a cardinal or laicize him, he said.

Gomez made the announcement Thursday as the church was forced by a court order to turn over thousands of pages of confidential priest personnel files after a bruising, five-year legal fight. The archbishop also accepted a resignation request from one of Mahony’s top aides, now-Bishop Thomas Curry.

The move came two weeks after other long-secret priest personnel records showed Mahony and Curry, in particular, worked behind the scenes to protect the church from the engulfing scandal.

Mahony is a member of three Vatican departments, including the Holy See’s all-important economic affairs office, and he remains a member of the College of Cardinals. At 76, he is still eligible to vote in a conclave to elect a new pope.

The Vatican’s former sex crimes prosecutor, Bishop Charles Scicluna, has said Canon Law provides for sanctioning bishops who show “malicious or fraudulent negligence” in their work, but has acknowledged that such laws have never been applied in the case of bishops who covered up sex abuse cases.

In the past, lower-ranking members of the church hierarchy who have spoken out about their superior’s handling of the clergy abuse crisis have been rebuked by the Holy See.

In 2010, for example, Viennese Cardinal Cristoph Schoenborn criticized the former Vatican No. 2, Cardinal Angelo Sodano, in an interview for his handling of a notorious sex abuse case. Schoenborn didn’t use Sodano’s name in his critique, but was nonetheless forced to come to Rome to explain himself to the pope and Sodano.

The Vatican publicly rebuked Schoenborn, saying that only the pope has authority to deal with accusations against a cardinal.

The Vatican’s silence after Thursday’s announcement indicates they were aware of it, said Patrick Wall, a former Benedictine monk and priest and vocal church critic who consults on clergy abuse cases.

“Gomez was as brilliant as a sniper the way he orchestrated this because he did not overstep his authority against the Pope and yet at the same time it appears that some type of penalty is being imposed,” said Wall. “He cannot force Mahony to resign. It’s brilliant and this has never happened in the U.S.”

Mahony will reduce his public appearances, including numerous guest lectures nationwide on immigration reform, and no longer perform confirmations, Tamberg said. However, he remains a priest in good standing and will continue to live in a North Hollywood parish and can celebrate the sacraments with no restrictions, he said.

Several of the documents in the newly released files echo recurring themes that emerged over the past decade in dioceses nationwide, where church leaders moved problem priests between parishes and didn’t call the police.

Studies commissioned by the U.S. bishops found more than 4,000 U.S. priests have faced sexual abuse allegations since the early 1950s, in cases involving more than 10,000 children — mostly boys.

In one instance, a draft of a plan with Mahony’s name on it calls for sending a molester priest to his native Spain for a minimum of seven years, paying him $400 a month and offering health insurance. In return, the cardinal would agree to write the Vatican and ask them to cancel his excommunication, leaving the door open for him to return as a priest someday.

It was unclear whether the proposed agreement was enacted.

“I am concerned that the Archdiocese may later be seen as liable — for having continued to support this man — now that we have been put on notice that one of the young adults under his influence is suicidal,” a top aide wrote in a memo about the priest to Mahony in 1995, urging him to stop paying benefits to the priest.

The cardinal added a handwritten note: “I concur — the faster, the better.”

In another case, Mahony resisted turning over a list of altar boys to police who were investigating claims against a visiting Mexican priest who was later determined to have molested 26 boys during a 10-month stint in Los Angeles. “We cannot give such a list for no cause whatsoever,” he wrote on a January 1988 memo.

Mahony, who retired in 2011 after more than a quarter-century at the helm of the archdiocese, has publicly apologized for mistakes he made in dealing with priests who molested children.

Associated Press writer Shaya Tayefe Mohajer contributed to this report.

Catholic priest sentenced to 50 years for child porn


Catholic priest sentenced to 50 years for child porn

9/12/13 By Associated Press

From the link: http://news.msn.com/crime-justice/catholic-priest-sentenced-to-50-years-for-child-porn?stay=1

The Rev. Shawn Ratigan pleaded guilty in August 2012 to five counts of producing or attempting to produce child porn.

The Rev. Shawn Ratigan pleaded guilty in August 2012 to five counts of producing or attempting to produce child porn.

Prosecutors had asked that he get 10 years in prison for each of five victims after he pleaded guilty to five counts of producing and trying to produce child porn.

KANSAS CITY, Mo. — A Kansas City-area priest whose child pornography case led to a criminal conviction against a Roman Catholic bishop was sentenced Thursday to 50 years in federal prison.

Prosecutors had asked that the Rev. Shawn Ratigan be sentenced to 10 years in prison for each of five young victims after he pleaded guilty in August 2012 to five counts of producing and trying to produce child porn.

Ratigan, 47, was charged in May 2011 after police received a flash drive from his computer containing hundreds of images of children, most of them clothed, with the focus on their crotch areas.

Bishop Robert Finn, head of the Catholic Diocese of Kansas City-St. Joseph, was convicted last September of one misdemeanor count of failing to report suspected child abuse to the state.

Prosecutors said the diocese learned about the photos on Ratigan’s computer on Dec. 16, 2010, after a technician found them on the priest’s laptop and alerted church officials. A day after the images were found, Ratigan missed Sunday Mass and was found unconscious in his garage with his motorcycle running and a suicide note nearby.

Instead of reporting Ratigan or the photos to law enforcement, as required by state law, Finn waited until the priest was released from the hospital and sent him out of state for psychiatric counseling.

When Ratigan returned to Missouri, Finn ordered him to stay at the Sisters of St. Francis of the Holy Eucharist, a facility in Independence, where he could say Mass for the sisters.

The diocese turned the photos over to police in May 2011 after receiving reports that Ratigan had violated Finn’s order to avoid contact with children.