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For the first time, a civil court has ordered a practical change in how the Church handles the abuse crisis in the Netherlands. The deadline for reporting past abuses by perpetrators who are either deceased or which happened too long ago to be pursued by a court of law, originally set for 1 July 2014, needs to be extended to at least the first of May of 2015. This, the Judge decided, better reflects the deadlines used in neighbouring countries and is a reflection of the sometimes decades-long silence kept by the victims for reasons of fear, shame or the denial of Church authorities. The court stated that setting a deadline is, in itself, justified, but in this case the Church did not adequately involve the interests of all parties involved. The Bishops’ Conference and the Conference of Dutch Religious should have realised better that the reporting abuse was often a very big and difficult step to take for the victims. The court felt that this was not properly respected in setting the original deadline.
The decision is the result of proceedings started by five women and the Vrouwenplatform Kerkelijk Kindermisbruik (Women’s platform of child abuse in the Church) who felt that the Church did not offer enough time for victims of physical abuse, especially women, to report their cases. The court agreed with this, stating that the period of 2 year and 8 months that cases could be reported was too short. Three years and six months is a reasonable period, the judge decided.
The bishops and religious abide with the decision of the court and will look into ways of implementing it.
There are media who make much of the fact that the Church does not automatically and immediately come forward about abuse cases, especially when a bishop is involved, but only when asked about it. It is seen as an attempt of hiding the facts, something that the Church has indeed been guilty of in decades past. This conclusion is understandable, but not accurate, however. From the start of the abuse crisis, the issue of confidentiality has played an important part in the question of how to deal with accusations, victims and perpetrators. On the one hand, it was out of the question that proven abuse be hidden or even denied. On the other, there was the obligation that both victim and accused be protected from unwanted attention. Until proven guilty, the accused is, obviously, considered innocent. The victim often deals with intensely personal and very emotional and painful experiences that he or she often only wants to share with the world when they deem it necessary or helpful, if at all.
The complaints commission established by the Church to collect and resolve all complaints of sexual abuse explains that confidentiality is import for three reasons:
It lowers the threshold
Victims seek recognition and compensation, but to tell their story after an often long period of silence is very difficult and confrontational. Confidentiality makes this easier. Likewise, it allows perpetrators to sooner admit their guilt and persons in authority to recognise the abuse.
Plausibility comes first
The complaints procedure deals with recognition and compensation for the victim. Public indictment or punishment for the victim are beyond its scope. The accusation must be plausible and certain facts need to be correct, mostly about the accused, the place where the abuse took place and the year. This plausibility is considered enough to recognise the victims and the abuse.
The accused are generally deceased
Most accused parties can not defend themselves. That is why their rights, nor the feelings of fellow members of religious orders, fellow priests and family members, can not be ignored.
To ensure this confidentiality, certain measures are taken:
Procedures take place out of the public eye
This allows maximum opportunities for both parties to come to a solution.
All advice is published anonymously
No names are mentioned on the website of the Meldpunt Seksueel Misbruik RKK. This allows openness about the cases dealt with, the criteria used and the reasoning for allowing financial compensation. The abuse is made completely public, but the identity of all parties involved is protected.
All employees of and persons involved with the commission are bound to secrecy
It is clear that not everyone agrees with this. Many would welcome full openness with names, dates and locations. However, in a society that protects the rights of individuals, especially those who can not defend themselves, this is not an option. The victims, whose needs always come first in these procedures, may at some point reveal more details. But that is theirs to decide, and many will not want to. We should never demand they tell all about what happened to them, unless they decide to do so. And if they don’t, we must respect that choice.
And as for the perpetrators: if they are dead, there is not much more that can be done. A dead man can’t be put on trial. If he still lives, but his crimes are subject to the statures of limitations, the law is powerless. The Church should not be, however, and once a priest, bishop or other worker in the Church is proven guilty, there must be a form of punishment. However, no punishment will please everyone…
If the perpetrator lives and the crime took place recently enough, the police must be informed and this person must be tried. This is something the Church does now, but the fact remains that these cases are a small minority. Most abuse took place decades ago, and many perpetrators are no longer alive.
It’s hardly inconceivable anymore, but somehow it is still hard to believe accusations of sexual abuse against a generally well-respected bishop. And when the bishop denies and seems to be supported in that denial by the competent authorities, that is a relief. Just so in this case, but there’s preciously little room for such denial anymore.
A week after the death of Bishop Joannes Gijsen, formerly of Roermond, the institute charged with deciding if an accusation is founded or unfounded reopened the case against him. The bishops was accused of multiple cases of sexual abuse in the time late 1950s and early 1960s, when the future bishop was a young priest. The claims of two victims have now been deemed plausible, it was revealed today. In the first case there are accusations of forced oral sex and attempted or actual rape; while the second revolves around a single instance of improper touching. The complaints commission have decided that the cases of touching are plausible, whereas the (attempted) rape and oral sex can not be proven (which is not to say they didn’t take place, the commission stressed).
Instrumental in this decision was the appearance of a second complaint and the defence of the bishop, which was deemed highly implausible. In his defence, Bishop Gijsen claimed not to know the victim, while he was known to have regularly visited the victim and his family and to have received letters from the victim’s father.
As Bishop Gijsen is no longer alive, there is little that can be done, even if his crimes were not subject to the statute of limitations. Bishop Frans Wiertz, who succeeded Bishop Gijsen in 1993, apologised to the victims and expressed his regret and sorrow. When the complaints were first expressed, Bishop Wiertz immediately notified the relevant authorities and advised the victims to do the same. But even when having done what is possible this late, a feeling of powerlessness remains.
Sexual abuse, however long ago, does not simply go away. It lasts for the victims, and no less for all who have known them or the perpetrator. And when the latter is a priest or bishop, a moral example (even in hindsight), who turns out to have lied about what he did, that is all the worse.
I skipped a few days due to real life obligations, so it’s about time I press on with my completely off-the-cuff and utterly personal (so without any authority whatsoever) reflection on today’s Gospel reading.
“‘For I tell you, if your uprightness does not surpass that of the scribes and Pharisees, you will never get into the kingdom of Heaven.
‘You have heard how it was said to our ancestors, You shall not kill; and if anyone does kill he must answer for it before the court. But I say this to you, anyone who is angry with a brother will answer for it before the court; anyone who calls a brother “Fool” will answer for it before the Sanhedrin; and anyone who calls him “Traitor” will answer for it in hell fire. So then, if you are bringing your offering to the altar and there remember that your brother has something against you, leave your offering there before the altar, go and be reconciled with your brother first, and then come back and present your offering. Come to terms with your opponent in good time while you are still on the way to the court with him, or he may hand you over to the judge and the judge to the officer, and you will be thrown into prison. In truth I tell you, you will not get out till you have paid the last penny.”
What is Jesus teaching us here? Basically, that our access to God, our obtaining full unity with Him, comes only after we have made peace, achieved unity amongst ourselves. Here, I think, we see once more a glimpse of how God created us: as people living in communion with each other and with God, and that is the goal that we should strive for, since we lost that communion.
We must be true to who we really are, how God created us. That is the uprighteousness that Christ speaks of in the first line. Again, we must look at ourselves with His eyes, not our own, in order to see who we really are.
How serious the lack of community is becomes clear when Jesus compares it with killing someone. Of course, both are sinful, but going up to God while maintaining a rift in the relations with other people is the more serious in the end. But the rifts can be closed, and God asks us to do so before coming to Him.
He is perfect and we should not come to Him, be one in Him, while we maintain imperfections we can change.
Joachim Cardinal Meisner, archbishop of Germany’s largest and most venerable archdiocese of Cologne, looks ahead to his upcoming retirement and other current affairs in the Church in Germany, via an article in the Aachener Zeitung today.
Cardinal Meisner, who turns 80 on Christmas Day, expects his retirement to become effective no later than February. Pope Francis has already indicated to be willing to grant it. He may want to wait, however, on the 25th anniversary of Meisner’s installation as archbishop of Cologne on 9 March.
The cardinal also spoke about the most recent, and quite serious, development in the German Church: the one-sided decision, independent of the world Church’s teaching authority, to allow divorced and remarried Catholics to receive the sacraments. Prelates in the Curia, among them Synod of Bishops chief Archbishop Baldisseri, have indicated that the topic should be discussed and looked again closely once more, but no chance in Church law or teaching has come about (and likely won’t for the foreseeable future, if ever). Cardinal Meisner says about this:
“I consider that wishful thinking. I think it’s the Church’s teaching. The Pope won’t change anything about that. That’s my firm belief.”
He also speaks about Limburg’s Bishop Franz-Peter Tebartz-van Elst, whom he continues to support, although not unconditionally so. He is very critical about the bishop lying about flying first-class to India.
“That is – I should say – a stupidity. [...] He should not have done that.” He has urged Tebartz-van Elst to repay the 20,000 Euro settlement in the legal proceedings against him, saying, “Pay it, and then it’s gone!”
But Cardinal Meisner also reveals that members of Bishop Tebartz-van Elst’s family in his native Kevelaer at times also felt the attacks against the bishop. Nieces and nephews were sometimes unable to attend school, and other family members were accosted in the street. No matter what happened, the Cardinal says, this is truly unfair to everyone involved.
After retirement, Cardinal Meisner wants to take up residence in the chapter house across from the cathedral, assisting priests and providing pastoral care for as long as time, and the Lord, allows him. And as for his successor? “That’s no longer any of my business.”
Photo credit: dpa
Former Dutch parliamentarian Boris Dittrich (pictured) has been treating several media outlets to the story of his visit to the Vatican and his conversation with Archbishop Müller. There are some serious problems with his comments, which I will try to address by fisking this article, which was written by Frans Wijnands and was published today on “meeting place for Christians” Het Goede Leven (all bold text in between square brackets are my comments):
The Pope does not decide the doctrine of the Church, says Archbishop Müller
Under the current Pope Francis there is no relaxation imaginable in the Church’s strictly dismissive opinion on homosexuality. So states the Congregation for the Doctrine of the Faith.
It is not the Pope who decides the doctrine, the dogmas of the Church [well, in the case of dogmas, it is]. Concerning doctrine, that is a matter for the Curia. That is the response that Dutch former (Liberal Democrat] politician Boris Dittrich received from Archbishop Gerhard Ludwig Müller, the Prefect for the Congregation for the Doctrine of the Faith, when Dittrich suggested out loud that the attitude of the Roman Catholic Church towards homosexuals could change in a positive way under Pope Francis.
Dittrich was in Rome and the Vatican these past days on behalf of Human Rights Watch, a worldwide human rights organisation which, among others, strives for equal rights for homosexuals [including the right to change truth, it would seem]. Dittrich is its director for ‘rights of sexual minorities’.
Earlier he had explained the position of Human Rights Watch in a more or less open letter of twelve pages [talk about losing the point in words, perhaps?] With the letter, Human Rights Watch encouraged Pope Francis last month to denounce violence towards and discrimination against homosexuals and transsexuals, and to stand up to priests and other workers in the Church who support violence against and discrimination of sexual minorities [Because no Pope has done that before. I'll just share this link again; in it I quote some sources which state exactly what Dittrich wants].
Dittrich travelled to Rome to personally explain the letter, but did not get to speak with the Pope [Did he think of making an appointment, or did he just assume the Holy Father would make time for him on the spot?]. The former D66 member of parliament was at the weekly audience with the Pope in St. Peter’s Square on Wednesday and was able to hand the letter to an assistant when Francis’ car stopped near him.
He did get to speak with Msgr. Müller (pictured), the head of the most important Vatican Congregation, that of the Doctrine of the Faith. Dittrich told Müller that he attended an opening of a campaign for more rights for homosexuals in Rio de Janeiro in 2008 and there spoke extensively with the then-archbishop of Buenos Aires: Msgr. Bergoglio, the current Pope. He told Dittrich that he was or is [odd and suggestive use of words] opposed to gay marriage, but could imagine that an alternative was possible, for example the legal recognition of homosexual relations. [Where did we hear that before? Oh, right: here.] A sort of cohabitation contract [as it exists in the Netherlands for both same-sex and separate-sex couples].
Cold and Stiff
To Dittrich’s suggestion that under the current Pope a relaxation of the Church’s strictly dismissive position was imaginable, Müller’s reply was that the Pope does not make policy, but that that was a task for the Curia.
“The entire conversation was cold and stiff. Very detached. Not a single sign of thinking along or sympathy, “says Dittrich. “I senses a tension, a sort of self defense.” [Probably because some research will show that the teaching of the Church is not subject to the personal opinions of whoever, and that Pope Francis is indeed a son of the Church, as he said himself].
In Rome and among Vatican watchers it is known that the public actions of Francis are not received well be everyone in the highest governing body. The Pope has repeatedly shown that he makes his own decisions and does not rely too much on the Curia. [On the other hand, Archbishop Müller and other Curial prelates have been confirmed in their jobs after careful consideration, a sure sign that Pope Francis supports them in their work].
He recently appointed Msgr. Pietro Parolin as new Secretary of State, as successor of Cardinal Bertone. Dittrich assumes that this new Secretary of State will loyally execute the Pope’s policies [Of course he will]. “That obviously creates tensions with the Curia [really?] Because it could lead to the influence and power of that Curia decreasing”, Dittrich assumes. [Dittrich should do a little less assuming and some more researching. Pope Francis was given a specific mandate to reform the Curia by the cardinals who elected him. Among them many Curial cardinals. Pope Francis' intentions to reform the Curia are hardly secret].
Shortly before resigning, Pope Benedict XVI appointed his former student, friend and confidant, Msgr. Müller as Prefect of the Congregation for the Doctrine of the Faith, [well, shortly... nine months, and it was a decision most likely far longer in the making], an office that Pope Benedict held himself for years before being elected Pope.
In the conversation [which took place where and how, I wonder? Did Dittrich meet the archbishop by chance or did he have an appointment?] with Boris Dittrich, Msgr. Müller also strongly attacked the role of the media. According to him, these are, in the wake of the sexual abuse scandal, continuously out to hit the Vatican. [Well, many media outlets are, that's a fact. Whether it's wise to accuse all media of that, if the archbishop did, is the question]
I can’t help but consider Dittrich’s comments somewhat untrustworthy. He displays a lack of understanding about how the Church works and what she teaches, and a lack of preparation for his attempts to share a letter with the Pope. Add to that his clear liberal agenda, and we get an artificial image of a Curia opposed to their Pope, and image which simply is not supported by reality. It’s like what Archbishop Gänswein said when it was assumed that he and Pope Francis did not get along because he was Benedict’s man: “All nonsense”.
Pope Francis has been encouraging a more pastoral approach to and treatment of homosexuals (and anyone else on the margins of our lives, for that matter) in the Church, but that is not the same thing as changing the teachings of the Church. Pope Francis has never indicated any willingness to change those. Those teachings are also not the product of policy makers, but have been given to us and continuously explained by the Church. To say that Pope and Curia are, or even can be, opposed to each other as if they were two politicians in parliament is a gross misrepresentation of reality.
Photo credit:  Sebastiaan ter Burg,  Catholic.org
Especially the German media have found a rich source of articles, opinion pieces and reports in Bishop Franz-Peter Tebartz-van Elst, the embattled bishop of Limburg. Now that he has travelled to Rome to speak with both Pope Francis and Archbishop Robert Zollitsch (as president of the German bishops’ conference responsible for setting up an investigative body to look into the problems keeping both the Diocese of Limburg and its bishop occupied), it would seem prudent to outline what exactly is going on. There are after all, so many words written about the case(s) that it’s hard to keep track of fact and opinion.
In short, there are three problem areas which have either raised the ire of clergy and faithful or caused serious questions being asked:
First there is the bishop’s style of management which is deemed to be authoritarian. Although a bishop has authority over the local Church, the style of this authority is important, and although it is a matter of perception, and Bishop Tebartz-van Elst may certainly not have intended to present himself as such, this is certainly something to be avoided.
Second is the case of the bishop’s flight to India. In a dispute with national newspaper Der Spiegel, the bishop presented official affidavits twice, claiming not to have flown first class. This now seems not to be true, as the court in Hamburg has charged Bishop Tebartz-van Elst for perjury.
Lastly, the St. Nicholas Centre near the cathedral of Limburg. A complex including the bishop’s private appartment, a chapel, meeting rooms, the diocesan museum and rooms for other functions, it exceeded projected costs by a factor of six. Bishop Tebartz-van Elst, consequently, is accused of leading a life of excessive luxury, and this claim seems not to be wholly unsubstantiated. On the other hand, other bishops’ housings in Germany are no less luxurious or costly, it seems.
All this plays on the background of the initial steps taken by the Holy See to work towards a solution: the visit of Giovanni Cardinal Lajolo, former Apostolic Nuncio to Germany. The purpose of that visit was not to arrive at textbook solutions, but to listen to all sides of the conflict and try and achieve some form of reconciliation or, at the very least, the intention of all involved to work towards reconciliation. The joint declaration from Bishop Tebartz-van Elst and the cathedral chapter of Limburg, which I wrote about here, certainly reflects a desire for clarity and a joint effort towards a solution.
What the future will bring remains to be seen. There is little doubt that the meeting between Bishop Tebartz-van Elst and Pope Francis will be a deeply personal one. Regardless of the personae created by the media of both men, I suspect it will be a private and deeply pastoral conversation. Will the Pope dress down the bishop for his perceived life of luxury? That is what many who have an almost allergic reaction to anything and anyone perceived as orthodox think and hope. But that’s because they have an image of Pope Francis as, as Father Z is fond of putting it, “the very bestest and most wonderfulest ehvur”, who fires all nasty rule-loving clerics everywhere, in between kissing babies and blessing puppies.
In the meantime, let’s pray that all involved can maintain a semblance of openness, honesty and clarity as the conclusion (whatever it may be) of this crisis comes closer.
Photo credit: Uwe Anspach/DPA
Although his resignation was generally expected to take place some time in the coming months, it was still a surprise that the Holy See today accepted the resignation of Keith Cardinal O’Brien, the archbishop of Saint Andrews and Edinburgh. It did so in accordance with canon 401 § 1 of the Code of Canon Law, which covers the obligation of a diocesan bishop to offer his resignation as he reaches the age of 75. Cardinal O’Brien will reach that age next month and, according to his official statement, his resignation had been accepted “nunc pro tunc” back in November.
But is that the whole story? Of course, we must treat carefully here, because it is all speculation, but that speculation arises from some recent developments surrounding Cardinal O’Brien. He has recently been accused of sexual misconduct by three priests and one former priest from his diocese, stretching back over the past 30 years. Cardinal O’Brien strongly denies these accusations, but they unavoidable raised questions about what, if anything, really happened. And today, his unexpected resignation as well as his decision not to attend the conclave, has raised even more questions. But any answers will most likely depend on ecclesiastic and secular legal actions, if and when they take place. For now, we have the cardinal’s word and explanation to go on.
Cardinal O’Brien has stated that he will not travel to Rome next month, although his resignation does not prevent him from attending, because “I do not wish media attention in Rome to be focussed on me – but rather on Pope Benedict XVI and on his Successor.” That means that 115 electors will participate in the conclave. As reported earlier, Ukrainian Cardinal Husar will reach the age of 80 tomorrow, before the sede vacante begins, and Indonesian Cardinal Darmaatmadja will stay at home because of health reasons. Great Britain will have no elector at the conclave, although the United Kingdom will, since the Irish primate, Cardinal Brady, resides within Northern Ireland.
Cardinal O’Brien has been archbishop of Scotland’s primatial see since 1985, and he was created a cardinal in 2003 with the title church of Santi Gioacchino ed Anna al Tuscolano.
Photo credit: Jeff J Mitchell/Getty Images
Although the full text of the court’s decision has not been published yet, it is clear that Cardinal Adrianus Simonis will not be prosecuted for perjury in the case of the Salesian priest Jan N., who committed sexual abuse under the cardinal’s watch, when the latter was archbishop of Utrecht. During a witness hearing Cardinal Simonis had stated that he was not aware of any sexual abuse committed by clergy. A man who was abused by the priest in question subsequently lodged a formal complaint against this statement with the public prosecutor.
The prosecutor has now stated that their is no evidence that Cardinal Simonis intentionally lied and has declared the complaint unfounded. The cardinal himself was not questioned about the complaint.