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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.

 

Pope Francis Defies UN on Torturing Children


Pope Francis Defies UN on Torturing Children
Jun 07, 2015 4:55am PDT by Betty Clermont
From the Link: http://m.dailykos.com/story/2015/06/07/1391284/-Pope-Francis-Defies-UN-on-Torturing-Children

Yeah Pope Francis sure does love his pedophiles.

Yeah Pope Francis sure does love his pedophiles.

 

The UN Committee against Torture “found that the widespread sexual violence within the Catholic Church amounted to torture and cruel, inhuman and degrading treatment.” After Vatican officials were called to Geneva in May 2014 to respond to tough questions like why the pope believed his responsibility for protecting children against torture only applied on Vatican property, the committee issued its report.

The members “ordered the Vatican to hand over files containing details of clerical sexual abuse allegations to police forces around the world, … to use its authority over the Roman Catholic Church worldwide to ensure all allegations of clerical abuse are passed on to the secular authorities and to impose ‘meaningful sanctions’ on any Church officials who fail to do so.” With the exception of a couple of staged PR events, the pope has refused to take any of these measures.

The Vatican had issued an “Initial Report” preparatory to the hearing. “Nowhere in the Holy See’s [the name of the Church’s global government] Initial Report under the Convention does it make any mention of the widespread and systemic rape and sexual violence committed by Catholic clergy against hundreds of thousands of children and vulnerable adults around the world. There is no mention of acts that have resulted in an astonishing and incalculable amount of harm around the world – profound and lasting physical and mental suffering – with little to no accountability and access to redress … [T]he Vatican has consistently minimized the harm caused by the actions of the clergy, through both the direct acts of sexual violence and Church officials’ actions which follow, such as cover-ups and victim-blaming. … The Holy See’s Initial Report to this Committee is itself evidence of the minimization of these offenses and the resulting harm.”

The Committee against Torture report came “after senior officials sought to distance the Vatican legally from the wider Church … saying priests were not legally tied to the Vatican but fell under national jurisdictions. But the committee insisted that officials of the Holy See – including the pope’s representatives around the world and their aides – have a responsibility to monitor the behavior of all under their ‘effective control.’”

The committee also urged a “prompt and impartial” investigation in the case of Archbishop Jozef Wesolowski, the pope’s nuncio (ambassador) to the Dominican Republic.

Wesolowski solicited sex for money from Santo Domingo’s poorest boys. “We learned from the children that Wesolowski took pictures of them while they were masturbating. Oral sex was performed,” Nuria Piera, an investigative journalist in the Dominican Republic, said. “He abused that poverty and used that mechanism to approach children and take advantage of them for years,” according to Yeni Berenice Reynoso, National District prosecutor.

A dossier accusing 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 on August 21 via confidential letter. But the pope never reported Wesolowski to civil authorities nor made the information public.

All prelates should make credible allegations public as a warning to avoid contact with the accused. Also, any other victims should be encouraged to contact a law enforcement agency perhaps making the investigation easier, apprehension and prosecution more certain. The group, Survivors’ Network of those Abused by Priests (SNAP), defines failure to take these steps as a “cover up.”

Wesolowski left the country before a local TV program broadcast an exposé on August 31. It was reported in January 2014 that Wesolowski “is now thought to be living in Rome and is protected from extradition by diplomatic immunity.” “For me it was a surprise to see Wesolowski walking along Via della Scrofa in Rome,” Santo Domingo Auxiliary Bishop Víctor Masalles tweeted on June 24, 2014.

Embarrassed, the Vatican announced on June 27 that Wesolowski had been laicized (defrocked) “in the past few days … Measures will be taken so he is in a precise restricted location, without any freedom of movement,” said Vatican spokesman, Fr. Federico Lombardi, without specifying how this would be accomplished. The press reported this as proof of the pope’s “zero tolerance” for child sex abuse.

Defrocking means a cleric is fired without being reported to the police. The most serious punishment available to the pope is excommunication. Pope Francis excommunicated an Australian priest for supporting women’s ordination and same sex marriage. He also excommunicated the leaders of the lay group, We Are Church, for celebrating mass in their home.

The New York Times had an article about Wesolowski on its August 24, 2014, front page including statements that Dominican officials would prosecute him if it were not for the former ambassador’s diplomatic immunity. The next morning Lombardi made an announcement that Wesolowski did not have immunity and could be extradited by the Dominican Republic. Dominican officials, however, had expressed regret for the past year that “there’s no extradition treaty between the Vatican and the Dominican Republic. … The ideal thing would’ve been and our desire is that he be tried here, but the law forbids us.”

On September 25, Lombardi said Wesolowski had been put under house arrest inside the Vatican City State “because the Polish prelate represented a flight risk and because Vatican prosecutors feared he might tamper with evidence.”

The next day, the Italian newspaper Il Corriere della Serra reported that Wesolowski was arrested by order of the pope because “there was a serious risk that the nuncio would be arrested on Italian territory at the request of the Dominican authorities and then extradited.” Wesolowski had more than 100,000 computer files of pornography. “Some were downloaded from the internet and others the victims themselves were forced to take. The prelate stored part of this chamber of horrors on his own laptop. The material, which is classified by type, shows dozens of young girls engaged in sexual activities but the preference is for males. Images show youngsters aged between 13 and 17 being humiliated for the camera, filmed naked and forced to have sexual relations with each other or with adults. … Wesolowski is suspected of belonging to an international network that extends well beyond what has emerged so far.”

Pope Francis allowed his prelate 15 months freedom to commit crimes involving child pornography which sometimes involves their tortuous death – something to think about the next time the pope speaks out against the sex trafficking of children.

November 22, 2014: Wesolowski was seen “walking quietly inside the Vatican City…in apparent freedom” and is presumed to still live there under house arrest.

After almost two years, Wesolowski’s trial has not yet begun.

The Pope’s Enduring Contempt for Children

People who have been sexually abused as children live shorter lives than those who have not been abused according to expert testimony. They have a life expectancy about 10 to 20 years shorter than those who have not.
•    Trauma produced both physical and psychological damage, affecting children’s development, including their personalities and sense of self.
•    Children’s brains and immune systems were also affected, making them more prone to a range of auto-immune diseases.
•    They also often have unhealthy lifestyles so they’re prone to substance abuse and poverty and unemployment.
•    There was also a strong link between child abuse and suicide, which could be influenced by a variety of factors including depression and substance abuse, which exacerbated negative thoughts.

As archbishop of Buenos Aires, Jorge Mario Bergoglio “refused to meet with victims, and he stayed largely silent on the issue of clergy sex abuse, except to issue a surprising denial that he had ever handled an abusive priest. His only known action was to commission a behind-the-scenes report to judges that sought exoneration of a criminally convicted priest by impugning the credibility of the priest’s victims.” BishopAccoutability.org, a group dedicated to documenting the Catholic sex abuse crisis, showed Bergoglio’s involvement in five specific cases.

One month to the day after his election, Pope Francis appointed a group of cardinals, now referred to as his “C9”, to be his closest advisors.

Cardinal George Pell had been making headlines in Australia for decades regarding the sex abuse scandal. When asked what he thought was the root cause, Pell replied, “it’s obviously connected with the problem of homosexuality.” As archbishop and creator of the “Melbourne Response,” a system “designed to control the victims and protect the Church … Pell intended to minimize the crimes, conceal the truth, manipulate and intimidate the victims. … Some relatives of abused children have called the cardinal a ‘sociopath.’”

The John Ellis case “was all about deterrence.” Ellis sued Pell and the trustees of the Sydney archdiocese in 2006 over abuse he suffered as an altar boy. Pell spent more than $1m fighting Ellis despite him asking for just a tenth of that amount in settlement, put him through “distressing and unnecessary cross-examination” and threatened him with legal costs. Pell’s “Ellis Defense” is “an exemplar of litigation going wrong, causing further trauma for a victim of abuse.”

Pell personally knows hundreds of the people involved – the victims and their families as well as the abusers. … He was a very senior authority in the Catholic Church when the court cases began in the 1990s and the top Catholic figure in Australia until he went to Rome. … [H]e was the leader of a system that protected the guilty and failed innocent people. … [H]e was the man in charge during many years of this scandal. Therefore, he can be held accountable and responsible for it.”

Pope Francis also chose Cardinal Francisco Javier Errazuriz Ossa as a close adviser. Errazuriz had made national headlines for protecting Fr. Fernando Karadima, the “worst scandal” of the Chilean Church. “Power is the true point of the case. The [sexual abuses against children] were not possible without a network of political, social and religious power working for 50 years,” stated political analyst Ascanio Cavallo, Dean of the Journalism School of the Adolfo Ibáñez University.Church officials were warned as early as 1984 about Karadima’s “improper conduct.”  The first known reports to reach Errazuriz were in 2003. In 2006, a priest appointed by Errázuriz to investigate the claims reported to the cardinal that he believed “the accusers to be credible.”

According to court testimony in a 2011 civil complaint filed against Karadima, Church officials, including Errázuriz, tried to shame accusers into dropping claims, refused to meet with them and failed to carry out formal investigations for years. A judge dismissed the criminal case against Karadima in November 2011 because the statute of limitations had expired but also determined that the allegations were “truthful and reliable.”

When Pope Francis, who during the above period was cardinal primate of the neighboring Argentina, appointed Errázuriz to his C9, one of the claimants called it “a shame and a disgrace.” On September 15, 2013, Errázuriz said that the archdiocese had no responsibility for their “tremendous pain.”

On July 1, 2013, the United Nation’s Committee on the Rights of the Child (CRC) sent a request to the pope for “detailed information on all cases of child sexual abuse committed by members of the clergy, brothers or nun” for the past fifteen years and set November 1 as a deadline for a reply. The questions were sent as preparation for a public hearing scheduled for January.

As one of the signatories to the 1989 Convention on the Rights of the Child, the Church was fifteen years late in delivering a report describing whether it had acted to “protect the child from all forms of physical or mental violence” as the convention requires. Additionally, the questionnaire sought to establish whether “perpetrators of sexual crimes” were allowed to remain in contact with children, what legal action was taken against them and whether reporting of suspected abuse was mandatory. It also included queries about support for victims, and any incidents where complainants were silenced.

By issuing its questions, the Geneva-based CRC brushed aside a Vatican warning that it might pull out of the Convention on the Rights of the Child if pushed too hard on the issue. In a report of its own posted on the UN website last October, the Holy See reminded the CRC of reservations on legal jurisdiction and other issues it made when it signed the global pact. It said any new “interpretation” would give it grounds “for terminating or withdrawing” from the treaty.

Within weeks of his election, Pope Francis had ordered that the Vatican “continue along the lines set by Benedict XVI” in handling torturing children. But on July 11, 2013, the pontiff enacted a civil law criminalizing leaks of Vatican information to the press and sexual violence against children, including child pornography. The crimes were punishable by up to eight and twelve years in prison, respectively. The law was applicable inside the Vatican City State and for employees of the Holy See in its extraterritorial properties including embassies. In hindsight, one could question if the pope was preparing for a Vatican civil trial against Wesolowski as justification to keep him out of a foreign prison.The November 1 deadline for a response to the CRC came and went.

Pope Francis responded to the CRC on December 4 by stating that it was not the practice of his government to “disclose information on specific cases unless requested to do so by another country as part of legal proceedings” and “that the Vatican can provide information only about known and alleged child sex crimes that have happened on Vatican property.”

A rarity, Francis’ response was criticized. The next day, Boston Cardinal Sean O’Malley stated that the pope would create a special Commission for the Protection of Minors with no authority other than to advise him on ways to address the subject.

On January 16, 2014, the day the CRC hearings were to begin in Geneva, Pope Francis again showed his contempt for his Church’s victims by concelebrating mass, followed by a private meeting, with Cardinal Roger Mahony, archbishop emeritus of Los Angeles. The Washington Post (among others) had condemned Mahony for protecting known abusers, stating he’s “lucky not to be in prison” and that “his continued prominence reflects the culture of impunity in the Catholic Church a decade after its tolerance and complicity in the abuse of children was exposed.” After his private meeting with the pope, Mahony blogged “the topic of scandal never came up.”

The same day, Lombardi said the Church had developed “a series of initiatives and directives” that are “extremely helpful” to other communities. He also criticized the assumption that bishops or religious superiors act “as representatives or delegates of the Pope.” He said this belief is “utterly without foundation.” Rather, civil authorities in countries that have signed the UN convention are directly responsible for its implementation and for the enforcement of laws that protect children.

The UN panel asked Vatican representatives for responses to the questions they had sent in July. While the American media trumpeted a statement made by one of the Vatican officials that he “gets it,” the foreign press was not as fawning:
Germany’s Deutsche Welle: Vatican response ‘fails smell test for ordinary people’
Venezuela’s El Nacional: The Vatican at the UN today dodged providing detailed information on issues relating to sexual abuse of minors by clergy in a rhetorical exercise in which it attempts to demonstrate determination to prevent new offenses.
Spain’s El Pais: The Vatican still does not take responsibility for sexual abuse

BishopAccountability.org noted five significant moments of the hearing:
•    For the first time, the Vatican had to admit publicly that it still does not require the reporting of child sex crimes to civil authorities. Nor does it take this step when priests are defrocked.
•    The Holy See still refused to provide the data requested on July 1.
•    The Vatican believes that it is the obligation of the individual perpetrator, not the Church, to compensate victims.
•    Religious orders, which comprise one third to one half of the world’s Catholic clerics, still are not being compelled by the Holy See to create abuse policies. (Pope Benedict XVI ordered the world’s bishops to do this in 2011. The order was widely ignored, even by the cardinal archbishop of Buenos Aires, Jorge Mario Bergoglio.)

Vatican delegate to the UN, Archbishop Silvano Tomasi, responded in an interview: “At the same time we have to keep in mind that even though there are so many millions, forty million cases of abuse a year regarding children, unfortunately some cases affect also Church personnel.” Tomasi also suggested that the UN committee may have been influenced by “Some NGOs that support homosexuality, same-sex marriage and other issues probably presented their own views and ended up reinforcing [the committee’s] line of thought in some way.”

On March 5, 2014, Pope Francis stated that, as regards the sexual torture of children, “The statistics on the phenomenon of violence against children are shocking, but they also show clearly that the great majority of the abuses come from the family environment and from people who are close. The Catholic Church is perhaps the only public institution that moved with transparency and responsibility. No one else did as much. And yet, the Church is the only one being attacked.”

Some negative press coverage ensued. So on March 7, Lombardi sent an email to the Associated Press reminding the media that the sex abuse commission remained a priority for the pope.

Keith Porteous Wood, Executive Director of the National Secular Society, praised the work of both UN committees. “We do not share any enthusiasm, however, for the Vatican’s defrocking of thousands of abusing clerics resulting in them being released into the labor market without being subjected to secular justice, and the resultant criminal record. This will almost certainly put other children at risk from former priests reoffending.”

The United Nations Committees on the Rights of the Child and on Torture, requested the Holy See to abolish the pontifical secret for allegations of child sexual abuse, and to order through canon law mandatory reporting to the civil authority. In September 2014, Pope Francis rejected that request on the grounds that mandatory reporting would interfere with the sovereignty of independent States. Mandatory reporting would only interfere with such sovereignty if a State law prohibited reporting of clergy sex abuse of children to the police. No such State exists. But the Vatican … illustrates its very real intention to interfere in the sovereignty of independent States by prohibiting reporting once canonical proceedings start, even when the civil law requires reporting. …
The de facto privilege of clergy by the use of secrecy, rendering clergy immune to civil prosecution for child sex abuse, was set up in 1922 by Pope Pius XI, and was continued and expanded by five of his successors. Regrettably, it seems that Pope Francis gives every indication of adding himself to the list as the seventh pope.

Barros and FinnIn January 2015, the pope appointed Juan Barros Madrid, formerly Military Bishop of Chile, as bishop of Osorno, Chile. Within a month, 1,300 lay Catholics, nearly half of Chile’s Parliament and thirty priests in the diocese signed a letter demanding that the pope rescind the appointment. Victims of Karadima said Barros was present when they were molested, did nothing to stop him and later covered up for Karadima.

“’Put your head on my chest. Take the little tongue,’ said Karadima. Thus began a long journey of torture and suffering for Juan Carlos Cruz Chellew … He denounced the ‘hypocrisy and simulation of Pope Francis’ on the ‘zero tolerance’ for pedophile priests: ‘The pope says good things, but does the opposite for victims to have access to civil justice. We are re-victimized while he rewards the abusers and abettors naming them cardinals and bishops.’”

The pope’s nuncio to Chile expressed support for Barros. President of the bishops’ conference, Cardinal Ezzati, said that “the Holy Father has chosen a pastor for the Church of Osorno and we, as Catholics, are in communion with the pope.”

Barros was installed as bishop on March 21 “amid riot police and shouting protesters … hundreds of churchgoers dressed in the black of mourning denounced Barros.” Since then, Barros “has had to sneak out of back exits, call on riot police to shepherd him from the city’s cathedral and coordinate movements with bodyguards and police canine units.”

In an interview published March 26, the Archbishop of Concepcion disclosed the details of a meeting he had with Pope Francis on March 6. “Archbishop Chomali explained that he gave Pope Francis a ‘document with detailed information on the consequences of the appointment he had made. All the documentation that I cited came to him, whether through the nunciature or the Chilean embassy to the Holy See. He was very much up to date on Bishop Barros’ situation, and in fact a few days prior he had spoken with him. With firmness and much conviction he told me that he had analyzed all the past records and that there was no objective reason that Bishop Barros should not be installed as diocesan bishop.’”

“Pope Francis has to withdraw this appointment or I and others may find it impossible to stay on the commission,” said Peter Saunders who was sexually abused as a child in London by two Catholic priests and the headmaster of his Catholic primary school and is a member of pope’s Commission for the Protection of Minors.

Saunders threat was published on March 27, two days before Palm Sunday when the Church begins a series of special liturgies culminating on Easter. If carried out, it would have been a PR disaster for the pope.

Cardinal O’Malley met with members of the commission the week after Easter – April 12. Bishop Joseph Finn of Kansas City-St. Joseph, Mo., found guilty in 2012 of failure to report suspected child abuse, was called to Rome for an April 14 meeting with Cardinal Marc Ouellet, prefect of the Congregation for Bishops.

A priest under Finn’s supervision was sentenced to fifty years in prison for producing hundreds of pornographic photos, using his own parishioners as victims, some under the age of three. And for years prior, Finn not only refused to look into or even acknowledge any of the many complaints about this priest’s behavior, some of which came directly from the principal of the school that most of the victims attended, he also stonewalled once the child porn came to light, failed to inform or warn any of the families of the victims, gave the priest continued access to children, was complicit in the destruction of evidence, spent $1.4 million of diocesan money defending himself against two misdemeanor charges in court, only alerted the police when forced to, and, in short, put children at risk and failed to get the offending priest any serious help or counseling.

“Even if Finn is removed, that’s no tremendous sign of progress because there are literally hundreds of Catholic officials around the world still on the job, who have done what Finn did,” SNAP director, David Clohessy, had said earlier.Finn’s resignation was announced April 21. Although this occurred 30 months after Finn’s conviction, 25 months into this pontificate and Finn remains a bishop still carrying out his episcopal functions, members of the commission and the media were appeased about Barros’ promotion.

Pell and Barros

Before Pope Francis chose him to be one of his closest advisers and promoted him as head of Vatican finance, Cardinal George Pell had made national headlines during the Royal Commission into Institutional Responses to Child Sexual Abuse hearings which covered Pell’s response as archbishop of Melbourne and then Sydney. In February 2015, the Royal Commission – the highest form of investigation in Australia – found that Pell placed the Church’s financial interests above his obligation to victims of childhood sexual abuse as part of an aggressive legal strategy to protect the assets of the Sydney archdiocese.

Currently, the Royal Commission is holding hearings about what transpired in Ballarat where Pell had been ordained and served until 1987. “Scores of children were abused by Catholic clergy from the 1960s to the 1980s. Many victims in Ballarat and elsewhere in Victoria state committed suicide, in one of the worst clusters of clerical abuse trauma in the world.”

•    Timothy Green said when he was 12 or 13 he told Pell in 1974 that Brother Edward Dowlan was abusing boys at St Patrick’s College. “Father Pell said `don’t be ridiculous’ and walked out.”
•    A victim said another priest walked in while Fr. Gerald Ridsdale was raping her at the Ballarat East presbytery and did nothing. Ridsdale says he doesn’t know who the priest was. Pell and one other priest lived in the same house with Ridsdale at the time.
•    Pell was at a 1982 meeting of the College of Consultors which discussed moving Ridsdale from the Mortlake parish, but he says no claims of abuse were raised at the meeting. Ridsdale was convicted of more than 140 offenses of child sexual abuse and indecent assault charges against children as young as four years old between 1993 and 2013.
•    David Ridsdale accused Pell of trying to bribe him in 1993 after being abused by his uncle, Fr. Ridsdale. Pell allegedly asked him: “I want to know what it will take to keep you quiet.”

More than 55,000 people signed a petition last month addressed to Pope Francis calling for Pell to return to Australia to answer questions from the Royal Commission concerning these current allegations.

Peter Saunders, speaking on Australia’s “60 Minutes” program on Sunday, May 31, said of Pell: “He has a catalog of denigrating people, of acting with callousness, cold-heartedness, almost sociopathic I would go as far as to say, this lack of care. He is making a mockery of the papal commission (into child abuse), of the pope himself, but most of all of the victims and the survivors.” He thought that Pell should be dismissed.

Before the program had even aired (after the network released promotional material), Pell issued statements calling Saunders’s comments “false”, “misleading” and “outrageous”, and said he would consult legal advisers. On Monday, Lombardi said that “Mr. Saunders spoke for himself and not for the commission which does not investigate or judge individual cases.” Australia’s Catholic archbishops made a statement that Pell is a man of integrity.

Meanwhile, “retired Bishop Juan Luis Ysem of Ancud has called on Bishop Juan Barros of Osorno to resign before he is asked to leave by Pope Francis.”

So, again it looks like a prelate will “resign” (this time Barros) and will members of the sex abuse commission and the press be appeased about the current allegations against Pell?

If you’re not feeling mollified and want to help, you can donate to the Survivors Network of those Abused by Priests (SNAP) or BishopAccountability.org which operates the Abuse Tracker website from which most of the above information was obtained.

(Betty Clermont is author of The Neo-Catholics: Implementing Christian Nationalism in America (Clarity Press, 2009))

APPENDIX

The UN Committees found child sexual offenders were still in contact with children, Church officials were not cooperating with law enforcement authorities, the pope’s representatives and their aides were not monitoring the behavior of those under their “effective control” and that there was no accountability for hierarchs.

Given that sexual assault is one of the most under reported crimes, “with 68% still being left unreported,” and that it can take 20, 30, even 40 years for victims to fully recall the details of these excruciating crimes,  consider the following information to be only a sampling of what is currently still taking place in the Catholic Church.

Failing to protect children

Similar to Wesolowski, Pope Francis dismissed Auxiliary Bishop Gabino Miranda Melgarejo of Ayacucho, Peru, via letter in May 2013 without notifying the public or the police. On August 21,  2013, a Spanish lawyer wrote in his blog that the Vatican “accepted the resignation” of Miranda for “having sex with minors and adults, too” which had been “solicited in confession.” Miranda is still at large.

June 2015: “Prosecutors in Minnesota filed criminal charges against the Roman Catholic Archdiocese of St. Paul and Minneapolis, accusing church leaders of mishandling repeated complaints of sexual misconduct against a priest and failing to follow through on pledges to protect children and root out pedophile clergymen.”

February 2015: “Philippine Bishop Arturo Mandin Bastes right now is keeping a known abuser, Fr. Arwyn N. Diesta, in ministry.”

February 2015: “Some Catholic religious orders are still failing to adequately protect children against sex abuse 20 years after the scale of the problem became evident [in Ireland] according to a review by the National Board for the Safeguarding of Children in the Catholic Church … In one case, a priest who admitted accessing child porn was still in ministry and was an acting prior with “ambitions to continue or undertake a leadership position within the order”, according to the review.”  “Religious orders, which comprise one third to one half of the world’s Catholic clerics, still are not being compelled by the pope to create abuse policies.”

January 2015: Gian Piero Milano, whose official title is Vatican Promoter of Justice, “reported two cases of possession of child pornography within its own walls last year.” A Vatican spokesman said one of them involved Jozef Wesolowski.” So after his arrest, Wesolowski “continued to possess child pornography” while inside the Vatican City State? Who else possessed child pornography inside the Vatican?

Sex offenders moved around

April 2015: A US federal grand jury indicted Rev. Joseph Maurizio accused “on charges pertaining to sex trips to molest boys [in Honduras] as well as three counts of transmitting funds into and out of the US in furtherance of his criminal activity.”
“The priest was arrested Sept. 24, nine days after a raid on the parish rectory and his farmhouse in Paint Township, Pennsylvania.”

February 2015: “A Flemish priest who has been repeatedly accused of sexual abuse for many years has been in charge of an orphanage in Brazil. The Dutch congregation to which John D. belongs to is aware of the allegations, but has so far hardly intervened.”

December 2014: “Alessandro De Rossi, a priest accused of sexual abuse in Salta [Malvinas, Argentina] was arrested in Italy. Since then Salta Justice is in the process of extradition to stand trial in religious local courts … The priest is charged with the crime of ‘aggravated sexual abuse seriously outrageous and corruption of minors.’” De Rossi was a “fidei donum” priest, still attached to his diocese but sent abroad to do missionary work. With the approval of the pope, Don Alessandro was appointed priest in the Roman “parish of celebrities” on December 1, 2013. One Italian parishioner noted, “There were suspicious goings on around kids in the parish.” Another questioned, “Is it possible the Church did not know of his past with the law?” At the time, they were only informed the “de Rossi is back in Rome for health reasons with a positive view of the local bishop.”

November 2014: “Fr. Joseph Jeyapaul who fled to his native India to avoid facing felony criminal sexual conduct charges was just extradited back to Minnesota. He is accused of sexually assaulting a 14-year-old and 16-year-old girl.” One alleged “that he’d masturbated in front of her, groped her, and forced her to give him oral sex.”

November 2014: “Although he received accusations from two victims of sexual abuse against a Fr. ‘M.D.’,  Belgian Bishop Jozef De Kesel did not prevent the priest from going to Brazil where he now works with street children.”

October 2014: Fr. Roger Mount “who was allowed to continue preaching in Papua New Guinea despite being named in child abuse compensation settlements was deported to Australia and is likely to face being extradited from Queensland to Victoria.”

October 2014: “U.S. Marshals are attempting to find a Catholic priest who disappeared after he was accused of molesting a six-year-old Brooklyn girl last June. We found out he has friends and family down here,” said Deputy U.S. Marshal Juan Lara, the agency’s local spokesman.

February 2014: Monsignor Carlos Urrutigoity is now second-in-command of the Diócesis de Ciudad del Este in Paraguay.  “A former Diocese of Scranton [Pennsylvania] priest, Urrutigoity was accused more than a decade ago of abusing local children in a federal sexual abuse lawsuit … Bishop Martino carefully and consistently expressed his grave doubts about this cleric’s suitability for priestly ministry … to appropriate Church officials, including Bishop Rogelio Livieres, Bishop of the Diocese of Ciudad del Este, Paraguay; the Apostolic Nuncio to Paraguay; and the Apostolic Nuncio to the United States.”

Fail to report abuse charges to proper authority

April 2015: In Kerala, India, Fr. Edwin Figarez had been accused of repeatedly raping a 14-year-old girl between January and March this year, “mostly when she came for confession.” The bishop followed Canon (ecclesial) Law and “suspended Figarez for the time being” but did not turn him over to the police. The mother went to the police. Figarez “remains underground and continues to evade the police.”

April 2015: Nine recent cases are cited by the Survivors Network of those Abused by Priests (SNAP) where credible allegations of child sex abuse were kept secret from the public by U.S. prelates. “We could cite dozens and dozens of other examples proving that the self-serving secrecy that caused the church’s global abuse and cover up crisis remains in force.

March 2015: “The spokesman for the Polish Catholic Bishops Conference, Fr Jozef Kloch, stated that as a matter of policy Polish bishops would not report allegations of child sex abuse by clergy to the civil authorities. It was up to the victims to report, he said.”

March 2015: Philippine Church “authorities have never turned over a clerical child sex abuser to the civil authorities. Never has a priest sex abuser been convicted. The bishops, who represent the management of the Church, should be held to account for they simply ship off child-abuser priests to dioceses abroad in some cases. When they abuse abroad and are investigated they rush back to a hideout the Philippines.”

January 2015: In a special report profiling a dozen key cases of priests in the Philippines accused of child sex abuse: “These cases are important because they reveal an enduring resistance by Filipino bishops to punishing and exposing offending priests.”

March 2014: The Italian bishops’ conference declared they had no official obligation to report the sexual abuse of children to any legal authorities outside of the Catholic Church with no objection from the pope.

Appeals, Petitions, Letters

June 2015: The Canadian Truth and Reconciliation Commission demands that the Pope come to Canada to apologize “for the Roman Catholic Church’s role in the spiritual, cultural, emotional, physical, and sexual abuse of First Nations, Inuit, and Métis children in Catholic-run residential schools.” The commission’s report says there has been “a patchwork of apologies or statements of regret” in Canada that few residential school survivors or Church members may even know exist. “It has been disappointing to survivors and others that the Pope has not yet made a clear and emphatic public apology in Canada,” the report says.

January 2015: Two people who say they were sexually abused as teenagers asked Pope Francis via press conference to investigate the way the Diocese of Buffalo handled their complaints.

December 2014: Two Argentine women traveled to Rome to ask Pope Francis for justice in the case of Fr. Héctor Ricardo Giménez who was found saying mass in a hospital chapel in 2013. “We think this man abused hundreds of children,” stated Estefania Gelso. Like the letter they had in January 2014, their trip produced no results.

December 2014: “Three priests have written to Pope Francis seeking an investigation into the Milwaukee archdiocesan bankruptcy. One of their concerns, a controversial move by then-Archbishop Tim Dolan to put $57 million into a cemetery trust fund he admitted was to provide improved protection of these funds from ‘any legal claim and liability.’ The intent of the bankruptcy proceeding for Church officials was ‘to exhaust silence and slander victims as well as to serve as a warning to others,’ the letter asserts.”

December 2014: Leaders of victims in three countries wrote an open letter to Pope Francis asking that he “take concrete action to protect children now.”
They want him to:
-Fire the predators,
-Order all bishops to report suspected sex crimes, open files and turn over evidence to police, and
-Punish bishops and Church officials who knowingly transfer predators and/or shield predators from police.”

July 2014: Open letter that Pope Francis “dismiss Cardinal Norberto Rivera of Mexico City for his clear participation in the cover-up of [Legion of Christ founder] Marcial Maciel, and Father Nicolás Aguilar and other pederasts … [T]he manifesto signed by 128 abuse survivors, lawyers and supportive groups was announced at a news conference in Mexico City, where the newspaper La Jornada called the Church’s deeds ‘crimes against humanity.’”

July 2014: A group of Argentine survivors called on Pope Francis to “amend hazardous defects of ecclesiastical laws so that permissive bishops will no longer remain in office.”

May 2014: Italian victims of pedophile priests sent a video to Pope Francis asking for sympathy and compensation. Among them were “eight deaf and mute people who were enrolled in a school in Verona, where 25 priests abused at least 100 students from the 1950s to the 1990s. Rete l’Abuso (Abuse Network) organization produced the video. The organization’s website identifies 148 priests convicted of child molestation, and a map of Italy detailing the Catholic parishes where the crimes occurred.”

May 2014: “Request the resignation of Bishop Robert Finn … after he failed to report a priest who had taken or possessed hundreds of pornographic pictures of young girls.”  263,594 supporters of this petition were ignored until the pope needed a scapegoat to quell the fury over his appointment of Barros.

April 2014: After the pope promoted Pell as his chief financial official, Australian Catholics petitioned, “Pope Francis: Sack Cardinal Pell Now…. His lack of empathy, justice and compassion for the victims of [sex] abuse is hard to reconcile with what Jesus did and taught. His few words of apology were hard to take seriously.”

September 2013: Two hundred people in a Scotland parish signed a petition accusing the Bishop of Galloway, John Cunningham, of persecuting and ostracizing Fr. Patrick Lawson. Lawson was removed from the parish after nearly two decades  of calling the Scottish hierarchy to take action against Fr Paul Moore who he accuses of sexually abusing altar boys.

August 2013: “Pope Francis: Stop Recycling Pedophile Priests” a petition signed by almost 7,000 because Newark Archbishop John J. Myers “failed to take action against a sexually abusive priest.”

May 2013: A petition to Pope Francis: Address the Global Sex Abuse Crisis and Convene a Truth and Reconciliation Commission begun by two of Karadima’s victims. The petition gained 10,229 supporters.

May 2013: “Call for the resignation of Rev. John C. Nienstedt, Archbishop of St. Paul and Minneapolis“ for “deception” in handling pedophile priests.

Pope’s appointments

May 2015: “Right now, the Irish betting firm Paddy Power has Cardinal Luis Antonio Tagle of the Philippines as the favorite to be the next pope, giving him 11/2 odds. Already dubbed the ‘Asian Francis,’ Tagle got another boost this week with his election to lead a global federation of Catholic charities.” “In a 2012 interview, Tagle said that zero tolerance was a subject of debate in the Philippines [and] in a little-noticed 2012 video interview he observed of the Asian church’s response to clergy sexual misconduct, “I think for us … exposing persons, both victims and abusers, to the public, either through media or legal action, that adds to the pain.”

January 2015: Pope Francis appointed Blase Cupich archbishop of Chicago in September 2014. Fr. Michael W. O’Connell “was temporarily suspended in December 2013 after the archdiocese received an allegation of sexual misconduct involving a boy years earlier.” He was reinstated “even though the Cook County Sheriff’s Department never closed the criminal case. Weeks later, new allegations surfaced involving alleged abuse of a different boy in the 1990s.” Cupich is keeping O’Connell on the job with admonitions to “to avoid the parish school” and “not be alone with a child,” a contention that SNAP calls “ludicrous and dangerous.”

December 2014: Pope Francis promoted Bishop Christopher Coyne to bishop of Vermont. Coyne was “Cardinal Bernard Law’s former mouthpiece. For years, time and time again, then Fr. Coyne repeated deceptive public relations spin about heinous child sex crimes and callous cover ups by Law and other Catholic officials. While a bishop in Indiana, [SNAP] prodded Coyne to aggressively reach out to anyone who may have seen crimes by Fr. Francis Markey who was arrested by US marshals at his Indiana home in connection with the alleged rape of a 15-year-old boy twice, including the day of the boy’s father’s funeral. As best we can tell, he ignored our request.”

November 2014: Pope Francis promoted Archbishop Paul Richard Gallagher to Secretary for Relations with States. “This important role is the equivalent to that of a Foreign Minister.” As nuncio to Australia, Gallager “claimed diplomatic immunity in response to repeated requests for archival documentation that might assist” the New South Wales Special Commission of Inquiry into child sex abuse by Deputy Senior Crown Prosecutor Margaret Cunneen. Gallagher told Cunneen that his office is “the high diplomatic representative of the Holy See to the Commonwealth” and citied “the protections afforded by international agreements, including the Vienna Convention on Diplomatic Relations.” Gallagher later relented.

November 2014: Pope Francis appointed Fr. Robert J. Geisinger as prosecutor of sex abuse cases at the Congregation for the Doctrine of the Faith (CDF) even though he had allowed a fellow Jesuit, a notorious serial sexual predator, to remain in ministry for years.

November 2014: Pope Francis appointed Archbishop José Luis Mollaghan to a new panel to assist the CDF in prosecuting clerical sex abuse. Mollaghan was “suspended in May as head of the Rosario archdiocese in Argentina due to accusations that he mismanaged Church funds” and “has a dismal record on abuse in his home diocese and nation.”

September 2014: Fr. Robert Oliver was appointed the Vatican’s “point man on sexual abuse” as chief of staff for the pope’s sex abuse commission, Oliver was “a champion of accused priests” while he was a canon lawyer for Boston cardinals Law and O’Malley.

February 2014: In his first consistory for naming cardinals, in addition to elevating Archbishop Gerhard Ludwig Müller (see below), the pope included Santiago Archbishop Gerhard Ludwig Müller, another Chilean prelate who had also covered-up the sexual abuse of children by Fr. Fernando Karadima.

January 2014: Pope Francis promoted Lexington Bishop Ronald Gainer to head the Harrisburg, Pennsylvania, diocese. As bishop of Lexington, Gainer failed to take action against Fr. Carroll Howlin. “Last year, the Chicago Tribune reported that Fr. Howlin, suspended for sexually abusing Illinois boys, still lives and works – unsupervised – in McCreary County. The cleric has reportedly also molested two Kentucky boys, one of whom committed suicide. Despite his suspension, however, the Tribune reports that Fr. Howlin’s supervisors in both the Lexington and the Joliet Catholic diocese have basically ignored him … Gainer put Fr. William G. Poole back into a parish even though Poole was twice charged with public indecency (1990 and 2001) and accused (in 2003) of molesting a boy. A Catholic lay panel in the Covington diocese found the child sex abuse allegation against Poole to be credible and paid a settlement to the victim. But Gainer recklessly put Poole back on the job.”

December 2013: Pope Francis reconfirmed Cardinal William Levada to the powerful (because they help select new prelates) Congregation for Bishops although Levada has one of the worst records among the U.S. episcopate for covering up for criminal clerics.

December 2013: Pope Francis appointed Fr. John Doerfler as the new bishop for the diocese of Marquette, Michigan. During the trial of a serial child molester, Doerfler admitted under oath that he had deliberately destroyed “nearly all records and documentation in the secret Church files of at least 51 reported to have sexually assaulted children after the Wisconsin State Supreme Court ruled that victims of childhood sexual abuse could file fraud suits against Catholic dioceses in the state for covering up for clerics….When specifically asked if it bothered him that clerics who abused children were being dumped into the community without public notice, Doerfler chillingly answered: ‘No’”.

September 2013: Pope Francis approved Archbishop Gerhard Ludwig Müller as Prefect of the Congregation for the Doctrine of the Faith (CDF), the office of the Holy See that has dealt with all sexual abuse cases 2001. As bishop of Regensburg, Germany, Müller promoted Fr. Peter Kramer, previously convicted of child sex abuse and ordered not to work with children, to pastor.  Müller concealed Kramer’s conviction from parishioners. When victims learned of Kramer’s new assignment, additional victims came forward and Kramer was convicted of additional child abuse.

April 2013: The pope also chose Boston Cardinal Sean O’Malley as a C9 member. “A close look at the cardinal reveals a career-long pattern of resisting disclosure of information, reinstating priests of dubious suitability, and negotiating mass settlements that are among the least generous in the history of the crisis.”

Legal Maneuvers

March 2015: “The Congregation for the Doctrine of the Faith (CDF), the office in charge of abuse cases, has refused to cooperate with civil authorities in Italy concerning a well-known priest that Benedict XVI dismissed from the clerical state in 2012 … But Pope Francis re-instated him last summer after he appealed the decision and then sentenced the priest to a ‘life of prayer and penance.’ The Italian Magistrates were seeking access to documents ‘subsequent to the canonical trial’ at which Fr Mauro Inzoli was initially dismissed.  The Vatican’s rejection of their demand seems to confirm that once canonical proceedings commence, the pontifical secret applies, and any disclosure of information obtained in those proceedings is strictly forbidden’”

February 2015: A settlement was reached between 232 plaintiffs sexually abused by priests and nuns at the Ursuline Academy in St. Ignatius, Montana. “The agreement breaks down to less than $20,000 per victim. “These nuns no doubt say they’re ‘poor’ but frankly we doubt that claim. When it suits them, Catholic officials say they’re part of a huge global church. But when it benefits them, like in clergy sex abuse and cover up cases, they claim each diocese or religious order is autonomous.
Did these nuns even try to borrow money from other Catholic institutions (like Boston’s disgraced Cardinal Bernard Law did) or raise more money in any way, so they could do justice by these hundreds of still-suffering victims? We doubt it. Shame on them.”

February 2015: “The Archdiocese of Mobile [Alabama] is attempting to block subpoenas related to sexual abuse allegations, according to court documents. Reverend Johnny Savoie at St. Pius X Catholic School is being sued by four parents for allegedly failing to protect their children from claimed bullying problems.”

September 2014: Justice Murray Sinclair, head of the Truth and Reconciliation Commission looking into the abuses that occurred over the years in Indian residential schools, said the “’government of Canada and the Catholics have not provided documents’ needed for the commission to complete its work. He also said the churches were being unco-operative, and the Catholic Church in particular fears more abuse stories will emerge against living clergy. Seventy per cent of the 140 Indian residential schools were run by the Catholic Church with the remainder operated by the Anglican, United, Presbyterian, Congregationalist and Methodist Churches.

May 2014: “A judge rejected a lawsuit filed by the Diocese of Arecibo [Puerto Rico] seeking to block the release of additional information to prosecutors regarding sex abuse allegations … The judge gave the diocese two weeks to hand over the information.

April 2014: “The Netherlands Church is still not properly handling allegations of sexual abuse by priests and brothers according to three victims’ organizations. They are outraged that the Church has unilaterally terminated mediation and victim assistance.”

Statutes of Limitations

February 2015: “Those who say they suffered childhood sexual abuse by clergy will have to comply with 2010 statute of limitations after a narrow vote by a South Dakota legislative committee. In 2010, with the backing of Church lobbyists, state lawmakers approved a new statute of limitations restricting some types of civil litigation in childhood sex abuse cases. Proponents testified that alleged abuse in Catholic Indian Boarding Schools happened so long ago few of the accused are alive to defend themselves. Opponents to that law argue the new statute of limitations was applied retroactively by the courts resulting in the dismissal of several ongoing childhood sex abuse lawsuits—further damaging the victims who are still alive today.”

February 2015: “A Spanish court has dropped charges against 11 out of 12 suspects in a clerical sex abuse scandal because the crimes fall within the statute of limitations. The Grenada court dropped charges of “sexual abuse with penetration, exhibitionism, and concealment of evidence” against nine priests and two laymen accused of abusing an altar boy.” This case became famous because the victim wrote a letter to Pope Francis. The pope phoned him “asking him to ‘forgive this extremely serious sin’ [and] that “people are already working so that all of this can be resolved.’” Granada’s Archbishop Francisco Javier Martínez only suspended the three priests directly accused of child abuse. His refusal to suspend the seven priests charged for covering up the crime sends the appalling message that enabling, tolerating, cooperating and covering up child rape is acceptable behavior that should not be punished. However, “the Holy Pontiff continues to support the controversial archbishop” because he is still in office.

March 2013: Cardinal Timothy Dolan “has successfully lobbied Albany to block SOL reform. Furthermore, before coming to New York, he himself testified publicly against window legislation in Wisconsin and is rumored to have paid off pedophile priests.”

Magdalene Laundries: Women who have lost their way


Magdalene Laundries: Women who have lost their way

By Rachael Romero – posted Thursday, 20 June 2013

From the link: http://www.onlineopinion.com.au/view.asp?article=15148

The Washington Times article: “A Magdalene Laundry survivor speaks out,” reminds us that Magdalene Laundries were not only in Ireland but replicated all over the world.

Was the Irish State’s recent apology for their complicity with the church in the enslavement of young women for years inside the notorious Magdalene Laundries, (or workhouses for girls, many of which were run by Good Shepherd nuns) – and subsequent calls for restorative justice for survivors – the impetus for the Good Shepherd Sisters in Australia putting a new spin on the history they share with Irish nuns?

By recasting themselves online as seekers of justice they hope you don’t know of their role in more than a century of hidden imprisonment of vulnerable girls in Australia’s infamous Magdalene Laundries. When they say their doctrines promote freedom, do we infer that hypocrisy is their policy as a means to deceive and deflect criticism? Their new website says they’ve commissioned Anti-Slavery Australia to route out “hidden exploitation.” The Australian Good Shepherd’s historical perpetration of “hidden exploitation” in Magdalene Laundries no doubt informs their expertise. Disclosure: As a recipient of ‘hidden exploitation’ in their hands, so does mine!

In 1967, inside the dark-walled Dickensian world they ruled supreme, the Good Shepherd nuns suggested that I might just as well give up school. I was just fourteen. It occurred to me that school was mandatory till age fifteen so I claimed it not only as my right, but also as a way to get a few hours out of forced labor in their thundering, antiquated laundry. How had I come to this dreadful place?

Like so many others I’d run away from home following a particularly brutal and life threatening attack by my father, (who had abused me physically, psychologically and sexually for years). Having turned myself into the Welfare I was subsequently dispatched (under the signature of my parents) to endure extra-judicial imprisonment and forced labor in a Magdalene Laundry run by the Sisters of the Good Shepherd in suburban North Plympton, South Australia (1941-74.)

There, I was treated as defiled and forced to work in the laundry under the blind eye of the State of South Australia and the noses of god-fearing South Australian citizens. Out-of-sight-out-of-mind.

I was just one of tens of thousands of vulnerable girls stigmatized as “fallen,” herded like sheep to the slaughterhouse that was the Catholic solution. Those in charge of the Convent of the Good Shepherd were carrying out a mandate to get wanton, lost girls and women off the streets where they might contaminate society. The nuns’ constant vilification branded us-as livestock are branded-by fire. We were treated as mere objects of contempt, there to earn our wretched keep in Magdalene Infernos around the world.

The advocacy group, Justice for Magdalenes, brought the issue to the attention of the United Nations Committee Against Torture eventually resulting in the Irish State’s recognition of culpability this year. (Australia has yet to address this, other than the 2009-sweeping apology to all of those mistreated in care during the last century.) Imagine my disbelief when I find the Good Shepherds using words like: Hope, Action, Justice to obscure their unpardonable history as slave-drivers of the most vulnerable girls society could serve up to them, presumably hoping to gain cred by awarding the writer Sushi Das (well placed as the Opinion Editor of The Age,) an award-on International Woman’s Day.

Have the Good Shepherds Nuns “lost their way?” Their idea of themselves as altruistic shepherds saving young “fallen” girls from themselves by herding them into hard labor was and is condescending, antiquated, disingenuous and the results have been horrific and gravely injurious. Why don’t they come clean about their dirty laundry? I believe the church is afraid that survivors seeking restorative justice will cause the revelation of hard facts resulting in potential donors to beginning to see their current Anti Slavery crusade as same old sanitized with PC language.

On their newly branded Good Shepherd website, Noelene White writes: “…the work of Good Shepherd Sisters and mission partners […], isn’t that different to what Good Shepherd has done since the Order began in France in 1835.” [Italics mine]

I suggest that the occasion of the 150th anniversary of the Good Shepherd nuns’ arrival in Australia be seized as a time for the Good Shepherd Sisters to explore how they lost their way and an opportunity to taste the penitence and humility they so zealously forced upon those in their care. Let their archives be opened and those pitiful records studied. Let there be restorative justice for all those who suffered in the Good Shepherds’ Magdalene Laundries worldwide!