The Pell Case – how question about a trial unite Catholics

It is quite remarkable. In a time when we are all learning to take up a zero-tolerance position against sexual abuse within our ranks (and, subsequently, outside our ranks as well), Catholics of all stripes are coming together in their opinions on one particular case. But on the side of the alleged abuser.

cardinalAustralian Cardinal George Pell, former archbishop of Sydney and, it turned out yesterday, retired Prefect of the Secretariat for the Economy as well (his mandate, which ended this month, was quietly allowed to end), has been convicted of the sexual abuse of two boys in late 1996. But, while official statements from the Australian bishops and the Vatican underline their respect for the legal establishment and their hope that the victims find some form of consolation and peace, manny commentators have expressed their doubts. Looking at the evidence available to the public (which, it has to be said, is not a complete picture as not all evidence and statements have been released by the court) many wonder if the events for which Cardinal Pell has been convicted could really have happened.

Father Frank Brennan, who attended part of the court proceedings, has an excellent article about his questions on the case. In short, he wonders not just how the alleged abuse could have taken place when and where they did, but also why some of the very convincing arguments regarding location and the liturgical vestments said to have been worn by Cardinal Pell when he is said to have abused the two boys, were not taken into consideration. A least, they seemed not to have been.

Again, we do not known everything about the court proceedings. But what we do know has been enough reasons for Catholics on both sides of the spectrum – both those who think an orthodox cardinal like Pell can do no wrong, and those who automatically suspect him for being conservative – to wonder at the truth behind the conviction. The facts as we know them remain very hard to reconcile with the details of the allegations.

It is important to ask in how far a recollection of 20-year-old events by people who were teenagers at the time can ever be wholly accurate, and the jury must have taken this into account, reaching a verdict based on facts as well as the victims’ situation. In the end, a verdict must take their emotional involvement and the passage of time into account as well.

In the meantime, Cardinal Pell has been barred from exercising any form of ministry by the archbishop of Melbourne, where the trial took place – a standard precautionary measure – and remains in custody awaiting his sentencing, currently scheduled for 13 March. The cardinal’s legal team is appealing the verdict.

Photo credit: AAP Image/Erik Anderson via Reuters

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The fate of McCarrick – a new impulse in the fight against abuse?

“On 11 January 2019, the Congresso of the Congregation for the Doctrine of the Faith, at the conclusion of a penal process, issued a decree finding Theodore Edgar McCarrick, archbishop emeritus of Washington, D.C., guilty of the following delicts while a cleric: solicitation in the Sacrament of Confession, and sins against the Sixth Commandment with minors and with adults, with the aggravating factor of the abuse of power. The Congresso imposed on him the penalty of dismissal from the clerical state. On 13 February 2019, the Ordinary Session (Feria IV) of the Congregation for the Doctrine of the Faith considered the recourse he presented against this decision. Having examined the arguments in the recourse, the Ordinary Session confirmed the decree of the Congresso. This decision was notified to Theodore McCarrick on 15 February 2019. The Holy Father has recognized the definitive nature of this decision made in accord with law, rendering it a res iudicata (i.e., admitting of no further recourse).”

_CNS-NY-TIMES-MCCARRICK-SEMINARIANS.jpgA fairly brief note, the first from the Holy See press office today, but one with serious ramifications. The Church’s progress in the fight against sexual abuse, especially in the last few weeks leading up to the bishops’ meeting about that topic in Rome, has been heavily criticised. While progress definitely exists, many say it’s not going fast  enough or isn’t being done thoroughly enough, and that past mistakes and ill judgements continue being made today. This decision from the Congregation for the Doctrine of the Faith, however, should serve as a reminder and an impulse that no abuser can hide behind the comforts of his or her office.

Mr. McCarrick has been what is usually called ‘laicised’, which is not really the right term, as many have pointed out that it seems to mean that being a lay person is somehow a step below being a cleric. As the above publication states, McCarrick has been ‘dismissed from the clerical state’. He remains a priest, as all sacraments are eternal and cannot be revoked, but he no longer has any rights or duties associated with that state. He can not present himself as a priest or bishop, which includes dressing like one, can’t celebrate any sacraments (apart from Baptism, which anyone can confer in an emergency) and can exercise no rights regarding support from any parish, diocese or religious movement, beyond those extended to any random passer-by.

The statement also indicates exactly what McCarrick has been found guilty of: solicitation in the Sacrament of Confession, ie. improper advances or conduct during a person’s confession; sins against the Sixth Commandment, “You shall not commit adultery”, which relates to proper sexuality regarding one’s own body and the relationships with others; all this made worse by the power McCarrick held as priest, bishop, archbishop and cardinal. In the vast majority of cases, situations of sexual abuse are in the basis abuses of power.

For decades, McCarrick was one of the most powerful men in the Catholic Church in the United States and, once he had been made a cardinal 2001, in the world church. This long protected him from accusations and investigations. Now that a verdict has been reached after a due process, the question remains: who knew about the misdeeds of McCarrick, and who kept quiet when he should have spoken up? The list of those rumoured to have known at least something includes some high-level names, including that of McCarrick’s successor in Washington, Cardinal Wuerl, and that of the new Chamberlain of the Church, Cardinal Farrell…

To court: victim of abuse charges bishops and pope with being part of a criminal organisation

rechtbankAs the Catholic Church is gearing up for next month’s major summit on sexual abuse within her ranks, an interesting development in the Netherlands. A 74-year-old man, who was abused at the age of 13 while in seminary, is now charging the Catholic Church, the Dutch bishops and also the Pope with being part of a criminal organisation “with a goal of preventing or hindering the revelation of the abuse or the raping of minors”.

Mr. Theo Bruyns has already received financial damages for what he suffered, but says he is still chased by feelings of injustice, which is why he is now bringing criminal proceedings against the Church and her leaders. “They have discouraged, kept secret [the reporting of crimes], and organised it all. I have read all the documents and have seen how well this organisation functions. How they managed to hide and keep everything secret throughout the centuries”.

Professor Peter Tak of the University of Nijmegen, an internationally recognised expert in comparative criminal law, says that Mr. Bruyns has a difficult case, as the pope is not subject to Dutch law. “We do not automatically have the authority here to  try the Pope,” adding that he does not know if the pope, being a head of state, has diplomatic immunity. Bruyns’ lawyer, Jan Boone, is more certain:  “Trying the pope would be unique, but it is possible. It has been tried in America, but no decision has yet been made there.”

The Catholic Church in the Netherlands is keeping a low profile in commenting on this case, underlining that it regrets and condemns sexual abuse. “Mr Bruyns has the right to now follow this path through the means of legal action.” The Church will await the reaction of the public prosecutor “and will obviously cooperate fully.”

While the way the Dutch bishops’ reacted to the abuse crisis as it broke in the Netherlands over the past decades has been thorough and an example for other parts of society, it is clear that it has not been comprehensive when it comes to satisfying all victims. A financial compensation, which is also a recognition of the abuse suffered, clearly does not automatically alleviate feelings of injustice, as in the case of Mr. Bruyns. Perhaps it is good to learn that not all the harm and damage done by abusers can ever be remedied. Some scars will remain, which makes the whole sordid affair only that more painful.

Should this case succeed, it would have serious repercussions across the world. No serious court of law has accused bishops or pope, and I personally doubt if this will happen. There have been past attempts in the Netherlands at listing the Church as a criminal organisation, which have all failed. The Dutch criminal law code identifies a criminal organisation as “having the purpose of committing crimes”. A legal database offers further  factors, from past jurisprudence, stating that a criminal organisation must have “some degree of structure and organisation and must be lasting,” in addition to the aforementioned purpose of committing crimes. It seems that it must first be proven that the Catholic Church has that purpose, before any further conclusions can be drawn. I don’t see it happening.

Source.

 

Capital punishment no longer an option as Pope Francis changes the Catechism

o-DEATH-PENALTY-facebookSister Helen Prejean, renowned American anti-death penalty advocate, called it “the last remaining loophole in Catholic teaching on the death penalty”: the paragraph in the Catechism of the Catholic Church which allowed the death penalty, if only when it was “the only practicable way to defend the lives of human beings effectively against the aggressor”. Par. 2267 continued by stating that, if there are other and bloodless means of defence against an aggressor, these should always be used instead of the death penalty.

Yesterday Pope Francis changed this paragraph, and it now states that the death penalty is inadmissable in all circumstances.

The full text of the new paragraph 2267 is as follows:

catechism-of-the-catholic-church2628lg“Recourse to the death penalty on the part of legitimate authority, following a fair trial, was long considered an appropriate response to the gravity of certain crimes and an acceptable, albeit extreme, means of safeguarding the common good.

Today, however, there is an increasing awareness that the dignity of the person is not lost even after the commission of very serious crimes. In addition, a new understanding has emerged of the significance of penal sanctions imposed by the state. Lastly, more effective systems of detention have been developed, which ensure the due protection of citizens but, at the same time, do not definitively deprive the guilty of the possibility of redemption.

Consequently, the Church teaches, in the light of the Gospel, that “the death penalty is inadmissible because it is an attack on the inviolability and dignity of the person”,[1] and she works with determination for its abolition worldwide.”

[1] Francis, Address to Participants in the Meeting organized by the Pontifical Council for the Promotion of the New Evangelization, 11 October 2017: L’Osservatore Romano, 13 October 2017, 5.

With the press release came a letter from Cardinal Luis Ladaria, Prefect of the Congregation for the Doctrine of the Faith, addressed to the world’s bishops. He explains how the changes to the Catechism are rooted in past teachings of the Magisterium, especially Pope St. John Paul II’s 1995 encyclical Evangelium vitæ, and teachings from Pope Benedict XVI and Francis himself. The cardinal therefore concludes:

“All of this shows that the new formulation of number 2267 of the Catechism expresses an authentic development of doctrine that is not in contradiction with the prior teachings of the Magisterium. These teachings, in fact, can be explained in the light of the primary responsibility of the public authority to protect the common good in a social context in which the penal sanctions were understood differently, and had developed in an environment in which it was more difficult to guarantee that the criminal could not repeat his crime.”

In his blog, canon lawyer Bishop Jan Hendriks explains why past teachings, which did allow for the death penalty to be implemented, do no invalidate this new text:

“The reason lies in a greater awareness of human dignity and the various developments in society which make it no long necessary to implement the death penalty to protect citizens. That was also the reason why Pope John Paul II could hardly imagine the death penalty to be necessary, as the Catechism has stated since 1995: the state has such good means that the cases in which the death penalty is necessary to neutralise the aggressor are very rare, if they even occur. The new text takes a further step and unequivocally states that it is no longer necessary to implement the death penalty, and that a greater awareness of human dignity makes this even more inadmissable.”

Is this change as major as some media would have us believe? Yes and no.

Yes, because it is evidence that the Church has the luxury to say that capital punishment is no longer a necessity, no matter how rare. Past reasons for a state to kill a person are no longer valid, as there are other ways in which society can be protected from dangerous people.

And no, because it is a logical consequence of the pro-life position of the Church. Every person is created and willed by God and as such has an innate dignity which we must respect. Among other things that means that we have no right to take a life. This is a position that the Church has always held, even when it allowed for certain situations in which capital punishment was the only resort. The death penalty as such is always sinful. But, being also practical, the Church knows that sometimes there are no ideal solutions.

But that no longer flies. As Catholics we are pro-life, even if that life belongs to a murderer or other criminal.

Cardinal no more – McCarrick goes back to purple

A historic development today in the fight against sexual abuse in the Church: a cardinal, albeit a retired one, resigned his title and red hat, and was ordered to cease all his public duties and lead a live of prayer and penance in a yet to be announced location.

_CNS-NY-TIMES-MCCARRICK-SEMINARIANS.jpgCardinal – now just Archbishop – Theodore McCarrick faces two allegations of sexual abuse of minors and several further claims of harassment of and misconduct with adults. The steps taken today come before his case is heard and judged in a canonical trial according to ecclesiastical law, and any legal developments which may take place  in an American court of law, as the law allows (the major obstacle in such cases, which – as here – often took place many years ago, remains the statute of limitations).

The case of McCarrick brings back strong memories of that of the late Scottish Cardinal O’Brien. He too saw all his cardinal rights and duties removed on his own request, but he was allowed to remain a cardinal. Former Cardinal McCarrick is punished more severely, although it is, in some ways, a passive punishment, as it was McCarrick himself who requested it in a  letter to the Pope.

The full resignation of a cardinal is a rare event, and this is the first time it has happened since 1927. In 2015, I wrote a blog post about the history of cardinal resignations, in which I gave an overview of past resignations of cardinals (although in it I erroneously claimed that the last such resignation took place in 1911 instead of 1927).

It remains to be seen if there will be a canonical trial for McCarrick, as today’s press release suggests, and if so, what its result will be. Perhaps there will be further penalties for Archbishop McCarrick. On Twitter,  Dr Kurt Martens, Professor of Canon Law at the Catholic University of America, offers a detailed analysis of the possible penalties that can be levied against McCarrick according to the laws of the Church. He suggests that dismissal from the clerical state is one of the few options remaining, as McCarrick is already retired and so no longer holds any office. Martens mentions two recent examples of prelates having been laicised after allegations of abuse: Raymond Lahey, former bishop of Antigonish in Canada in 2012, and Józef Wesolowski, former Apostolic Nuncio to the Dominican Republic (and thus automatically an archbishop)  in 2014.

Beyond McCarrick, there is a chance that there will be consequences for other bishops in the United States and Rome, as the question of who knew what and when about McCarrick’s abuse remains unanswered.

Theodore Edgar McCarrick was a priest of the Archdiocese of New York, and became auxiliary bishop of that archdiocese in 1977. In 1981, he was appointed as bishop of Metuchen in New Jersey, and then as archbishop of Newark in 1986. From 2011 to 2006 he served as archbishop of Washington. He was created a cardinal in the giant consistory of 21 February 2001 (making him a cardinal class mate of Pope Francis). He held the title of Santi Nereo ed Achilleo. The two allegations of sexual abuse of a minor, which were deemed credible and substantiated by the Archdiocese of New York in June, took place in the early 1970s and involved a then 16-year-old boy. McCarrick was then serving as a priest in New York, and today claims to have no memory of the alleged abuse. At the same time last month, the chanceries of the Archdiocese of Newark and the Diocese of Metuchen, where McCarrick served as bishop, announced that they had received three further allegations of misconduct involving adults, and that two of these allegations had resulted in settlements.

Photo credit: CNS photo/Bob Roller

Four years later, the case against the bishop does not look as clear-cut

Bishop GijsenFour 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.


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Is the Pope’s fight against sexual abuse in the Church slipping away from him?

There has been an in-flight wedding, a preview on next year’s Synod of Bishops assembly on the Amazon and encounters with the peripheries of Church and society, but Pope Francis’ ongoing visit to Chile and Peru has been marred by an apparent slacking off in the fight against sexual abuse in the Church. Some have even claimed that we are back at square one.

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At the end of a meeting with survivors of sexual abuse in Iquique on 18 January, the Holy Father was asked about the case of Bishop Juan Barros. The bishop of Osorno, appointed by Pope Francis in 2015, continues to be accused of having been aware of  the abuse perpetrated by Fr. Fernando Karadima in the 1980s. Survivor groups, as well as lay faithful in the Diocese of Osorno and other Chilean dioceses, have consistently called for Bishop Barros not to be appointed (or, now that he has been, to be removed). During the papal visit, protesters continued to make their voices heard. Following the private meeting with abuse survivors, in which the pope talked, prayed and wept with them, he commented on the Barros case, “The day I’m presented with proof against Bishop Barros, I will see. There’s not a single proof against him, it’s all a calumny. Is that clear?”

This harsh comment has been almost universally condemned, not least by some of the pope’s closest collaborators in the fight against sexual abuse. Marie Collins, former member of the Pontifical Commission for the Protection of Minors, tweeted on 20 January ,referring to Juan Carlos Cruz, a Chilean survivor of sexual abuse:

“In labelling [Juan Carlos Cruz] and his fellow Chilean survivors as guilty of slander the Pope has alligned himself with Cardinals Ezzati and Errazuriz, who, in an exchange of derogatory e-mails in 2015, conspired to block [Juan Carlos Cruz from] consideration for membership of the [Pontifical Commission for the Protection of Minors].”

42212019_401By claiming all accusations against Bishop Barros as slander or calumny, Pope Francis has indeed taking a major step back in how the Church relates to victims. Rather than listening to what they have to say, they are being silenced and ignored. Of course, this is what the Church has until recently been guilty of doing for decades, and what many parts of society still do to this day, when confronted with accusations of abuse. While it seems as yet unclear what role Bishop Barros may have played, the claims against Fr. Karadima at least are reliable. Karadima’s case was dismissed by the courts because the statute of limitations had expired, but the allegations were deemed nonetheless credible. The Vatican sentenced Fr. Karadima to a live of penance and prayer in 2011.

The Pontifical Commission for the Protection of Minors is headed by Cardinal Séan O’Malley. The archbishop of Boston also released comments about what the pope had said, saying:

“It is understandable that Pope Francis’ statements yesterday in Santiago, Chile were a source of great pain for survivors of sexual abuse by clergy or any other perpetrator. Words that convey the message “if you cannot prove your claims then you will not be believed” abandon those who have suffered reprehensible criminal violations of their human dignity and relegate survivors to discredited exile.”

Cardinal_OMalley1Very strong words condemning what Pope Francis said. The cardinal then continues his comments by underlining the Holy Father’s commitment to fighting clerical sexual abuse:

“Accompanying the Holy Father at numerous meetings with survivors I have witnessed his pain of knowing the depth and breadth of the wounds inflicted on those who were abused and that the process of recovery can take a lifetime. The Pope’s statements that there is no place in the life of the Church for those who would abuse children and that we must adhere to zero tolerance for these crimes are genuine and they are his commitment.”

There is an odd contrast here, between the pope’s apparent commitment to fighting abuse and the comment he made. That contrast is strengthened further by the continuing silence surrounding the new mandates of the members of the Pontifical Commission for the Protection of Minors. These were up for renewal over the course of last year (some in March, others in December), but no word has yet come out. In essence, the Commission now exists in a sort of limbo.

With the creation of the Commission, Pope Francis was off to a good start in this matter. For the first time, survivors had a say in how the Church should respond. Of course, that has since changed. New members were added, but two survivors chose to leave the Commission. In March it’ll be four years since its establishment, and that is too soon for the Commission to be forgotten, ignored or otherwise becoming irrelevant. Its work is too important.

Hopefully, these two developments, the pope’s accusation of calumny and the silence surrounding the Pontifical Commission for the Protection of Minors are simply hiccups, and the commitment of the Catholic Church to combat sexual abuse of minors under her responsibility will continue to grow.

Photo credit: [1] Reuters, [2] Reuters / A. Bianchi, [3] Flickr/George Martell-Pilot New Media