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Article originally prepared on : 30 January 2011

Article Category: Latest in the News

Apostolic Nunciature In Ireland

Description: The Congregation for the Clergy has attentively studied the complex question of sexual abuse of minors by clerics and the docum

Apostolic Nunciature In Ireland

N. 808/97

Dublin, 31 January 1997

Strictly Confidential

Your Excellency,

The Congregation for the Clergy has attentively studied the complex question of sexual abuse of minors by clerics and the document entitled "Child Sexual Abuse: Framework for a Church Response", published by the Irish Catholic Bishops' Advisory Committee.

The Congregation wishes to emphasize the need for this document to conform to the canonical norms presently in force.

The text, however, contains "procedures and dispositions which appear contrary to canonical discipline and which, if applied, could invalidate the acts of the same Bishops who are attempting to put a stop to these problems. If such procedures were to be followed by the Bishops and there were cases of eventual hierarchical recourse lodged at the Holy See, the results could be highly embarrassing and detrimental to those same Diocesan authorities.

In particular, the situation of 'mandatory reporting' gives rise to serious reservations of both a moral and a canonical nature".

Since the policies on sexual abuse in the English speaking world exhibit many of the same characteristics and procedures, the Congregation is involved in a global study of them. At the appropriate time, with the collaboration of the interested Episcopal Conferences and in dialogue with them, the Congregation will not be remiss in establishing some concrete directives with regard to these Policies.

To: the Members of the Irish Episcopal Conference "“ their Dioceses.

For these reasons and because the above mentioned text is not an official document of the Episcopal Conference but merely a study document, I am directed to inform the individual Bishops of Ireland of the preoccupations of the Congregation in its regard, underlining that in the sad cases of accusations of sexual abuse by clerics, the procedures established by the Code of Canon Law must be meticulously followed under pain of invalidity of the acts involved if the priest so punished were to make hierarchical recourse against his Bishop.

Asking you to kindly let me know of the safe receipt of this letter and with the assurance of my cordial regard, I am [sic]

Yours sincerely in Christ,

+Luciano Storero
Apostolic Nuncio


SACRA CONGRIGAZIONE
Roma, January 31 1984
PER IL CLERO

PROT. 172621/1

(Citare questo numero nella riposta)

Most Rev. Manuel D. Moreno, D.D.
Bishop of Tucson
192 South Stone Avenue
P.O. Box 31 Tucson,
Arizona 85702-0031

Your Excellency:

This Sacred Congregation wishes to respond to your questions relating to the case of the Reverend [redacted] a priest of your Diocese.

To the first question ("was the proper procedure followed, i.e. due process, in the case") we would reply in the negative. On the basis of the documentation sent to us, it would seem clear that Father should have removed from his pastorate immediately upon completion of the process outlined in n.20 of the Motu Proprio 'Ecclesiae Sanctae', of 1966. The signed testimonies about his drunkennes, outrageo[us] language, liberties with womes, etc, are too numerous and convincingly articulate to leave any dount that Father's ministry is both harmful and inefficacious and should, therefor[e] have been terminated long ago.

Nor was there any need for engaging in the so called "due process" procedures. Indeed, an Ordinary is not free to leave to the decision of any group of arbitrators such matters as the continuation or removal of pastors. The "due process" procedures have to do with challenges made against the decree of an Ordinary or the rules of a diocesan administrator, and never are they to supplant procedures established by and for the Church universal.

Bishop Moreno Page Two Jan. 31 1984

To the second question ("Should we allow or disallow civil lawyers from obtaining Father's personnel records from our Chancery files") we reply that under no condition whatever ought the afore-mentioned files be surrendered to any lawyer or judge whatsoever. In addition, we suggest that both the office of the Apostolic Delegate and the legal department of the United States Catholic Conference be informed of the request for Father [redacted]'s files so that all may begin preparing whatever resistance to this request may be necessary.

The files of a Bishop concerning his priests are altogether private; their forced acquisition by civil authority would be an intolerable attack upon the free exercise of religion in the United States; and we have no doubt that both Federal courts and public opinion would sustain us in this position.

[Margin note in handwriting: Who knows? I will not be so sure!]

Your Excellency should therefore make known immediately and with clarity that no priest's files will be sent to any lawyer or judge whatever. Clarity in this matter may be enough to move the good Catholic people whom Father [redacted] is suing from further pressing their demand.

We should be clear and resolute, for failure in this regard might initiate a movement toward a most unfavorable precedent in law and -no less importantly -'frighten and upset not a few priests whose files are perhaps less than flattering.

With sentiments of cordial esteem and every best wish, I remain

Faithfully in Christ

[Handwritten, said to be
Silvio Angelo Pio Cardinal Oddi Prefect of the Vatican's Congregation for the Clergy]

(Follow this link for a pdf of the second letter.)

The revelations about abuse/rape by priests and members of Catholic religious orders are so frequent and often on such a scale that the public have become shell shocked to the point of ignoring them, however serious they are. What is notable about the cases so far is the huge amount of damages paid out (particularly in the United States and Ireland), the number of countries involved, and that so often men at the very top of the Church in the countries concerned are implicated. We know the Church is braced for further revelations, for example in Ireland where reports on archdioceses other than Dublin have still to come. All this points to a systemic problem, so further revelations can be expected. Until now, most of the revelations have come from Europe, North America and Australia - thanks to relatively free media. It is difficult to make a case that such wholesale abuse has been confined to such areas.

Pressure on the Vatican and the Pope himself became so intense last year that there was an attempt to divert blame away from Benedict to John Paul II, but presumably even this will become more difficult, the further he moves along the path towards sainthood.

Up to now, all we have seen from the Church is damage limitation.It has failed to come clean, for example not fulfilling its treaty obligations under the UN Convention on the Rights of the Child, not releasing files of known offenders to prosecuting authorities, nor releasing victims of obligations placed upon them to be silent. And it continues to do everything in its power to minimise any financial penalty as penance for its misdeeds. In Ireland it negotiated a deal whereby it only bore around a tenth of the cost of compensation - and even that it hasn't paid. This intransigence has deprived the Church of any moral authority it ever had. It has had its chance time and time again to make amends but failed.

The key question is now what can be done to provoke the Church into tackling the problem with the seriousness it deserves. We believe the answer is through international organisations and the courts. A major obstacle for the courts has been to prove that it has been the Vatican itself that was the puppet master. These two letters from the Vatican and the Pope's representative that have recently come to light present the clearest evidence yet that the Vatican was not just complicit but calling the shots.

The letters make it all nigh impossible to pull up the Vatican drawbridge in future and heap all the blame for gross misdeeds on local bishops.As Prefect of the Congregation of Doctrine of Faith since November 1981, no one knows more about child abuse in the Catholic Church than the current Pope,Joseph Ratzinger. These letters prompt embarrassing questions about whether he could not have known (to put it no stronger) about these instructions to be obstructive to the secular authorities in reporting suspicions or releasing files.

Tue, 25 Jan2011

 

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