Cardinal: John Paul approved of cover-up
by Rod Dreher
From the Link: Cardinal: John Paul approved of cover-up
ROME (AP) — Spanish media are quoting a retired Vatican cardinal as saying the late Pope John Paul II backed his letter congratulating a French bishop for risking jail for shielding a priest convicted of raping minors.Web sites of La Verdad and other Spanish newspapers reported Saturday that Cardinal Dario Castrillon Hoyos, 80, told an audience at a Catholic university in Murcia, Spain, on Friday that he consulted with John Paul and showed him the letter. He claimed the pontiff authorized him to send the letter to bishops worldwide.La Verdad said the audience at Universidad Catolica de Murcia applauded the cardinal’s remarks.
If Castrillon Hoyos is telling the truth, then John Paul personally approved sending this letter in direct violation of the instruction Card. 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.By the way, one should not over-interpret that 2001 CDF instruction. As Msgr. Charles Scicluna of the CDF characterizes it today:
Msgr. Scicluna also emphasized that the Vatican’s insistence on secrecy in the investigation of these cases by church authorities does not mean bishops or others are exempt from reporting these crimes to civil authorities.”In some English-speaking countries, but also in France, if bishops become aware of crimes committed by their priests outside the sacramental seal of confession, they are obliged to report them to the judicial authorities. This is an onerous duty because the bishops are forced to make a gesture comparable to that of a father denouncing his own son. Nonetheless, our guidance in these cases is to respect the law,” he said.In countries where there is no legal obligation to report sex abuse accusations, Msgr. Scicluna said, “we do not force bishops to denounce their own priests, but encourage them to contact the victims and invite them to denounce the priests by whom they have been abused.”
Anyway, what Card. Castrillon Hoyos said in Spain is very big news. It’s the first time to my knowledge that someone who was in the curial inner circle under John Paul II has publicly said that the late pontiff encouraged a policy of covering up for clerical sex abuse. That’s a bombshell.By the way, do note how the laity who heard Castrillon Hoyos reacted to his admission: they applauded. People who believe the Church scandal is simply a matter of an out-of-touch clerical leadership squared off against a laity that wants to know the truth, and wants true reform, should consider this. It’s not that simple, at all. If you wonder why some victims of abuse waited years to come out about what was done to them, you have part of your answer right there. Many laymen were quite willing to collaborate with evil to keep a truth they found intolerable to contemplate buried. Some still are. It’s human nature. You can see it every day, if you look. UPDATE: John Allen of NCR adds some context:
That congregation was led by then-Cardinal Joseph Ratzinger, the man who is now the pope, and who is credited with taking a more aggressive approach to sex abuse cases. In effect, the thrust of the Vatican statement was to suggest that Castrillon letter illustrated the problems that Ratzinger faced in kick-starting the Vatican into action.On Friday, however, during at a conference at a Catholic university in Murcia, Spain, the 81-year-old Castrillon insisted that he had shown the letter in advance to John Paul II, and that the late pope had authorized him not only to send it but to eventually post it on the internet. Castrillon said that the issue at stake in his letter was protection of the seal of the confessional. The cardinal said he was applauding Pican for maintaining the sanctity of the sacrament, and cited canon 983 of the Code of Canon Law, concerning the confessional. Some analysts have questioned whether the sanctity of the confessional directly applies in this case, since Pican said in 2001 that he had discussed the case with the victims and with another priest. French law recognizes the seal of the confessional as part of a protected category of “professional secrets,” but makes an exception for crimes committed against minors. According to reports in the Spanish media, senior church officials at the conference, including two Vatican cardinals, applauded when Castrillon issued his defense.Beyond the specific question of the confessional, Castrillon has long been among those church leaders who argue that bishops should not be put in the position of reporting their priests to the police or other authorities, on the grounds that it disrupts a father/son relationship with his clergy. Instead, such leaders suggest, bishops should encourage the victims themselves to make a report.
Here is a translation of Castrillon Hoyos’s letter to the French bishop. Assuming this translation is correct, I don’t see where this has anything to do with the seal of the confessional. The cardinal is not relying on the seal to make his argument here:
September 8, 2001Most Reverend Excellency:I am writing to you as Prefect of the Congregation for the Clergy, charged with collaborating in the responsibility of the common Father over all the priests of the world.I congratulate you for not having denounced a priest to the civil administration. You have acted well, and I rejoice to have a brother in the episcopate who, in the eyes of history and of all the other bishops of the world, has preferred prison rather than denouncing his priest-son.In reality, the relationship between priests and their bishop is not professional; it is a sacramental relationship, which creates very special bonds of spiritual paternity. This theme has been amply taken up again by the last Council, by the 1971 Synod of Bishops and the one in 1991. The bishop has other means of acting, as the Episcopal Conference of France has recently recalled; but a bishop cannot be required to denounce [him] himself. In all civilized legal systems it is recognized that close relatives have the opportunity not to testify against a direct relative.We recall to you in your regard the words of St. Paul: “My imprisonment has become well known in Christ throughout the whole Praetorium and to all the rest, and the majority of the brothers, having taken encouragement in the Lord from my imprisonment, dare more than ever to proclaim the word fearlessly” (Phil. 1:13-14).This Congregation, in order to encourage brothers in the episcopate in this very sensitive area, will send copies of this letter to all the conferences of bishops.Assuring you of my fraternal closeness in the Lord, I greet you with your auxiliary and the whole of your diocese.Dario Castrillon H
Whether Ratzinger himself was on board with mandatory reporting to authorities is also unclear. In February 2002, Ratzinger’s top lieutenant at the Congregation for the Doctrine of the Faith, Archbishop Tarcisio Bertone, said new internal church norms he and Ratzinger just completed to help bishops deal with abusers would not compel them to hand over molesters.”It seems to me that there is no basis for demanding that a bishop, for example, be obliged to turn to civil magistrates and denounce a priest that has confided in him to have committed the crime of pedophilia,” Bertone told the Italian Catholic monthly, 30 Giorni.After Ratzinger was elected pope, he made Bertone a cardinal and named him his secretary of state, basically the second-in-command at the Vatican.
UPDATE.2: Wow, that Cardinal Castrillon Hoyos is a world-class knothead. Check out this amazing interview translated by Austen Ivereigh at the (Jesuit) America magazine blog. Excerpt below the jump:
A glimpse of that attitude was on vivid display in an April 11 interview that Cardinal Castrillon-Hoyos — who along with Cardinal Law (formerly of Boston) is one of the leaders of the movement behind the restoration of traditionalist liturgy — gave to the Spanish-language CNN. My translation:”As prefect of the Congregation for Clergy I had meetings with scientists. And there was one group of scientists who said that the paedophile doesn’t exist; there exist persons who commit acts of paedophilia, but the illness of paedophilia doesn’t exist. So, when one person makes a mistake, which is often a minimal error, that person is accused – that person confesses his crime, or is shown his crime — the bishop punishes him according to what [canon] law allows: he suspends him, takes him out of a parish for a time, then sends him to another parish. He is correcting him. This is not a crime, this is not a cover-up, this is following the law just as civil society does in the case of doctors and lawyers – in other words, it’s not about taking away the chance of them exercising their profession for ever.”So you mean, asks Patricia Janiot, that for the Church sex abuse of minors is not a crime? Castrillon-Hoyos loses his rag in a flash of arrogance.”Patricia, for the love of God, don’t you understand what I’m saying? Am I speaking a foreign language? I’m talking in Castilian. The Church punishes paedophilia as a very serious crime – do I have to repeat this a thousand times? — but punishes it according to the law. The fact that it is a serious crime does not authorize a bishop to punish without following the processes to which the accused has a right.”When Janiot asks him about those processes, the cardinal talks about the need for corroborative evidence and witnesses but quickly adds that even when these exist, “when you factor in the enormous sums of money which are benefiting large numbers of people in relation to these crimes, we all have the right to question the honesty of those cases.”Janiot then asks him whether, if Pope John Paul II had acted more decisively to clear up the mishandling of abuse cases, Pope Benedict would not have inherited such a large problem. Castrillon-Hoyos is having none of it.”Pope John Paul did everything he should have done, and did so within the clearest norms of justice, charity, and of equity, – he did exactly what he should have done to maintain the purity of the Church. He did exactly what he should have done. I am witness to his worries and his pains. It is very easy to have news stories about cases which have not proved in which the image of the clergy is far from reality – this does not mean that there have not been painful cases in the Church; he knew of them, and he punished them. Show me one single case – I challenge people – one known case anywhere in the world where a case has been proved where the delinquent has not been punished.””What about the case of Fr Maciel?” Janiot answers. “This was never brought to justice. He died, never having been tried.”Cardinal Castrillon’s eyes look sharply to the left, to where an adviser or lawyer is obviously sitting. He then turns back to the camera. “Non ti rispondo”, he answers (in Italian, oddly). The interview is over.
Confidential 2001 Letter “De delictis gravioribus” (on most grave crimes)
In a confidential 2001 letter to the Catholic bishops of the world, presented below, Cardinal Joseph Ratzinger, now Pope Benedict XVI, ordered that the church’s investigations into child sex abuse claims be carried out in secret and the evidence kept confidential for up to 10 years after the victims reached adulthood. Lawyers acting for abuse victims claim that the letter, titled “De delictis gravioribus” (on most grave crimes), implicates the pope in obstruction of justice.
Sex Crimes And The Vatican. A secret document which sets out a procedure for dealing with child sex abuse scandals within the Catholic Church is examined by Panorama. Crimen Sollicitationis (updated by De delictis gravioribus) was enforced for 20 years by Cardinal Joseph Ratzinger before he became the Pope. More: BBC News: Sex crimes and the Vatican.
CONGREGATION FOR THE DOCTRINE OF THE FAITH LETTER
sent from the Congregation for the Doctrine of the Faith
to Bishops of the entire Catholic Church and other
Ordinaries and Hierarchs having an interest
REGARDING THE MORE SERIOUS OFFENSES
reserved to the Congregation for the Doctrine of the Faith
[Translation of the text was printed in Origins 31:32, January 24, 2001, and posted at http://www.austindiocese.org/epistle/2002/graveoffenses.doc%5D
In order to fulfill the ecclesiastical law, which states in Article 52 of the apostolic constitution on the Roman Curia, “[The Congregation for the Doctrine of the Faith] examines delicts against faith and more grave delicts both against morals and committed in the celebration of the sacraments which have been reported to it and, if necessary, proceeds to declare or impose canonical sanctions according to the norm of common or proper law,”(1) it was necessary first to define the method of proceeding in delicts against the faith: This was accomplished through the norms titled Agendi Ratio in Doctrinarum Examine, ratified and confirmed by the supreme pontiff, Pope John Paul II, together with Articles 28-29 approved in forma specifica.(2)
At approximately the same time, the Congregation for the Doctrine of the Faith, through an ad hoc commission established, devoted itself to a diligent study of the canons on delicts both of the Code of Canon Law and the Code of Canons of the Eastern Churches in order to determine “more grave delicts both against morals and in the celebration of the sacraments” and in order to make special procedural norms “to declare or impose canonical sanctions,” because the instruction Crimen Sollicitationis, issued by the supreme sacred Congregation of the Holy Office on March 16, 1962,(3) in force until now, was to be reviewed when the new canonical codes were promulgated.
Having carefully considered opinions and having made the appropriate consultations, the work of the commission finally was completed. The fathers of the Congregation for the Doctrine of the Faith examined the commission’s work carefully and submitted to the supreme pontiff conclusions on the determination of more grave delicts and the manner of proceeding to declare or impose sanctions, with the exclusive competence in this of the apostolic tribunal of this congregation remaining firm. All these things, approved by the supreme pontiff himself, were confirmed and promulgated by the apostolic letter given motu proprio beginning with the words Sacramentorum sanctitatis tutela.
The more grave delicts both in the celebration of the sacraments and against morals reserved to the Congregation for the Doctrine of the Faith are:
-Delicts against the sanctity of the most august eucharistic sacrifice and the sacraments, namely:
1. Taking or retaining the consecrated species for a sacrilegious purpose or throwing them away.(4)
2. Attempting the liturgical action of the eucharistic sacrifice or simulating the same.(5)
3. Forbidden concelebration of the eucharistic sacrifice with ministers of ecclesial communities which do not have apostolic succession and do not recognize the sacramental dignity of priestly ordination.(6)
4. Consecrating for a sacrilegious purpose one matter without the other in the eucharistic celebration or even both outside a eucharistic celebration.(7)
-Delicts against the sanctity of the sacrament of penance, namely:
1. Absolution of an accomplice in sin against the Sixth Commandment of the Decalogue.(8)
2. Solicitation in the act, on the occasion or under the pretext of confession, to sin against the Sixth Commandment of the Decalogue, if it is directed to sin with the confessor himself.(9)
3. Direct violation of the sacramental seal.(10)
-A delict against morals, namely: the delict committed by a cleric against the Sixth Commandment of the Decalogue with a minor below the age of 18 years.
Only these delicts, which are indicated above with their definition, are reserved to the apostolic tribunal of the Congregation for the Doctrine of the Faith.
As often as an ordinary or hierarch has at least probable knowledge of a reserved delict, after he has carried out the preliminary investigation he is to indicate it to the Congregation for the Doctrine of the Faith, which unless it calls the case to itself because of special circumstances of things, after transmitting appropriate norms, orders the ordinary or hierarch to proceed ahead through his own tribunal. The right of appealing against a sentence of the first instance, whether on the part of the party or the party’s legal representative, or on the part of the promoter of justice, solely remains valid only to the supreme tribunal of this congregation.
It must be noted that the criminal action on delicts reserved to the Congregation for the Doctrine of the Faith is extinguished by a prescription of 10 years.(11) The prescription runs according to the universal and common law;(12) however, in the delict perpetrated with a minor by a cleric, the prescription begins to run from the day when the minor has completed the 18th year of age.
In tribunals established by ordinaries or hierarchs, the functions of judge, promoter of justice, notary and legal representative can validly be performed for these cases only by priests. When the trial in the tribunal is finished in any fashion, all the acts of the case are to be transmitted ex officio as soon as possible to the Congregation for the Doctrine of the Faith.
All tribunals of the Latin church and the Eastern Catholic churches are bound to observe the canons on delicts and penalties, and also on the penal process of both codes respectively, together with the special norms which are transmitted by the Congregation for the Doctrine of the Faith for an individual case and which are to be executed entirely. Cases of this kind are subject to the pontifical secret.
Through this letter, sent by mandate of the supreme pontiff to all the bishops of the Catholic Church, to superiors general of clerical religious institutes of pontifical right and clerical societies of apostolic life of pontifical right, and to other interested ordinaries and hierarchs, it is hoped not only that more grave delicts will be entirely avoided, but especially that ordinaries and hierarchs have solicitous pastoral care to look after the holiness of the clergy and the faithful even through necessary sanctions.
Rome, from the offices of the Congregation for the Doctrine of the Faith, May 18, 2001.
Cardinal Joseph Ratzinger
Archbishop Tarcisio Bertone, SDB
[Notes added from the Latin text]
 Ioannes Paulus PP. II, Constitutio Apostolica Pastor bonus, De Romana Curia, 28 iunii 1988, art. 52, in AAS 80 (1988) 874.
 Congregatio pro Doctrina Fidei, Agendi ratio in doctrinarum examine, 29 iunii 1997, in AAS 89 (1997) 830-835.
 Suprema Sacra Congregatio Sancti Officii, Instructio Crimen sollicitationis, Ad omnes Patriarchas, Archiepiscopos, Episcopos aliosque locorum Ordinarios “etiam Ritus Orientalis”: De modo procedendi in causis sollicitationis, 16 martii 1962, Typis Polyglottis Vaticanis MCMLXII.
 Cf. Codex Iuris Canonici, can. 1367; Codex Canonum Ecclesiarum Orientalium, can. 1442. Cf. et Pontificium Consilium De Legum Textibus Interpretandis, Responsio ad propositum dubium, 4 iunii 1999.
 Cf. Codex Iuris Canonici, can. 1378 § 2 n. 1 et 1379; Codex Canonum Ecclesiarum Orientalium, can. 1443.
 Cf. Codex Iuris Canonici, can. 908 et 1365; Codex Canonum Ecclesiarum Orientalium, can. 702 et 1440.
 Cf. Codex Iuris Canonici, can. 927.
 Cf. Codex Iuris Canonici, can. 1378 § 1; Codex Canonum Ecclesiarum Orientalium, can. 1457.
 Cf. Codex Iuris Canonici, can. 1387; Codex Canonum Ecclesiarum Orientalium, can. 1458.
 Cf. Codex Iuris Canonici, can. 1388 § 1; Codex Canonum Ecclesiarum Orientalium, can. 1456 § 1.
 Cf. Codex Iuris Canonici, can. 1362 § 1 n. 1; Codex Canonum Ecclesiarum Orientalium, can. 1152 § 2 n. 1.
 Cf. Codex Iuris Canonici, can. 1362 § 2; Codex Canonum Ecclesiarum Orientalium, can. 1152 § 3.