Four years ago, the commission charged with investigating accusations of sexual abuse against members of the clergy, decided that two such charges against the late Bishop Joannes Gijsen, ordinary of Roermond from 1972 to 1993, and of Reykjavik from 1996 to 2007, were plausible. As the bishop had died the year before, no legal action was possible against him. And that was for the better, it now turns out.
The local court of Gelderland judged this week that the commission had acted carelessly and broken basic legal regulations int he cases against Bishop Gijsen. The judge decided that the commission acted contrary to its own regulations, did not investigate the facts to a satisfactory extent and did not hear the defence. The court reproached the commission for accepting limited evidence: one charge against the bishop was deemed plausible simply because of the existence of a second unproven complaint.
The St. John foundation had charged the commission for unnecessary damaging the good name of clergy and other Church workers. Bishop Gijsen was one of the people they represented. The foundation considers the entire procedure followed by the commission in investigating charges of sexual abuse to be in violation of the European Convention on Human Rights. The court thought otherwise and deemed this charge and others inadmissable, and thus offered no judgement on the guilt or innocence of Bishop Gijsen. But it did offer some stern words against the commission and their decisions, and so threw the conclusions of the last years into renewed doubt.