SNIP
The Observer (london) Sunday April 24, 2005
Jamie Doward, religious affairs correspondent
Pope Benedict XVI faced claims last night he had 'obstructed justice'
after it emerged he issued an order ensuring the church's investigations
into child sex abuse claims be carried out in secret.
The order was made in a confidential letter, obtained by The Observer,
which was sent to every Catholic bishop in May 2001.
It asserted the church's right to hold its inquiries behind closed doors
and keep the evidence confidential for up to 10 years after the victims
reached adulthood. The letter was signed by Cardinal Joseph Ratzinger, who
was elected as John Paul II's successor last week.
Lawyers acting for abuse victims claim it was designed to prevent the
allegations from becoming public knowledge or being investigated by the
police. They accuse Ratzinger of committing a 'clear obstruction of
justice'.
The letter, 'concerning very grave sins', was sent from the Congregation
for the Doctrine of the Faith, the Vatican office that once presided over
the Inquisition and was overseen by Ratzinger.
It spells out to bishops the church's position on a number of matters
ranging from celebrating the eucharist with a non-Catholic to sexual abuse
by a cleric 'with a minor below the age of 18 years'. Ratzinger's letter
states that the church can claim jurisdiction in cases where abuse has
been 'perpetrated with a minor by a cleric'.
The letter states that the church's jurisdiction 'begins to run from the
day when the minor has completed the 18th year of age' and lasts for 10
years.
It orders that 'preliminary investigations' into any claims of abuse
should be sent to Ratzinger's office, which has the option of referring
them back to private tribunals in which the 'functions of judge, promoter
of justice, notary and legal representative can validly be performed for
these cases only by priests'.
'Cases of this kind are subject to the pontifical secret,' Ratzinger's
letter concludes. Breaching the pontifical secret at any time while the
10-year jurisdiction order is operating carries penalties, including the
threat of excommunication.
The letter is referred to in documents relating to a lawsuit filed earlier
this year against a church in Texas and Ratzinger on behalf of two alleged
abuse victims. By sending the letter, lawyers acting for the alleged
victims claim the cardinal conspired to obstruct justice.
Daniel Shea, the lawyer for the two alleged victims who discovered the
letter, said: 'It speaks for itself. You have to ask: why do you not start
the clock ticking until the kid turns 18? It's an obstruction of justice.'
Father John Beal, professor of canon law at the Catholic University of
America, gave an oral deposition under oath on 8 April last year in which
he admitted to Shea that the letter extended the church's jurisdiction and
control over sexual assault crimes.
The Ratzinger letter was co-signed by Archbishop Tarcisio Bertone who gave
an interview two years ago in which he hinted at the church's opposition
to allowing outside agencies to investigate abuse claims.
'In my opinion, the demand that a bishop be obligated to contact the
police in order to denounce a priest who has admitted the offence of
paedophilia is unfounded,' Bertone said.
Shea criticised the order that abuse allegations should be investigated
only in secret tribunals. 'They are imposing procedures and secrecy on
these cases. If law enforcement agencies find out about the case, they can
deal with it. But you can't investigate a case if you never find out about
it. If you can manage to keep it secret for 18 years plus 10 the priest
will get away with it,' Shea added.
END SNIP
