Confidential letter reveals Ratzinger ordered bishops to keep allegations secret

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.

A spokeswoman in the Vatican press office declined to comment when told about the contents of the letter. ‘This is not a public document, so we would not talk about it,’ she said.

© Guardian News and Media Limited 2010

 

20 Responses to “Pope ‘obstructed’ sex abuse inquiry”

  1. Charles O'Rourke says:

    And pray tell me Drennan It depends what you mean by revenge and why are you afraid of it. Drennan do you want to know what my “revenge” would look like?. First the removal of the Roman cult from education and health and the declaration of a secular republic. This, so as no child will ever suffer at your hands.And that is just for beginners. And to what stage would you like us to move on to? collective amnesia?. Thought so!. I,ll stick with my revenge as you call it. I prefer to use the word “responsibility” some thing you may be unaware of through lack of experience.

  2. Redmond says:

    An interpretation of the bishops trips to rome and the smiles on return is that an endorsement of some kind must have been received in Rome that would bolster the church fight against culpability for pedophilia.

    While bishops might smile, a key factor providing foundation for continued shielding of pedophilia is to draw the church closer to approval of pedophilia.

    THe pope must in some way have added legitimacy to pedophilia, in order to obtain justification for ongoing protection.
    Protect the church scheme.

    IN this way, he has effectively endorsed and made worse the pedophile culture.

    A puff of wind in Rome is a hurricane in Ireland and especially for small children.

    Sad , damned dreadful for small children on the receiving end of this monstrous vatican apparatus.

    If there are no good bishops who will stand against crime, how can there any good priests? Are there any good priests?

    Bishop Martin…………he is on the wrong side. Perhaps he will have to jump the barriers.

  3. Redmond says:

    Paddy,

    I just wanted to tell you…
    ..YOU ARE A GREAT GUY…………..Really TOP STUFF…….after all the stuff that has been done to you and you are still coming out top of the league.

    And I look at these torrid little articles about that rotten little criminal down in Rome and I think to myself what you could do for an organisation like that that needs total grass roots annihilation or reconstruction. One goodd guy could mend 90% of it. But diagnosing and rehabilitating a corrupt corporation that perhaps was never a bona fide one (ever) is a task that I would not wish on anyone.

    While any Irish person might be appalled by the content of this article, it is reasonable to bear in mind that the article went out on the World Press not the just Evening Press in Dublin.

    Ireland is the coal face with a small number of people fighting a mighty enemy armed with might material weapons and yet the small Irish contingent while out gunned is armed with THE TRUTH and the capacity to broadcast the truth with the backing of two EU state reports.

    Not so small a contingent, Ireland after all and the whole English Speaking world just delighted to hear.

    Spring time indeed.

  4. Hanora Brennan says:

    And in the meantime, march 24 is the day you stand up and fight the forces of evil ‘cos they haven’t gone away you know! WE are the good guys! Remember that!

  5. Paddy says:

    Apologies, that was from a newspaper of some time back. The article is from The Observer, Sunday 24 April 2005

  6. Martha says:

    ‘Cases of this kind are subject to the pontifical secret,’ Ratzinger’s letter concludes.

    In other words, "We are The Untouchables, because we are God's agents on earth – that is, WE are God!!!"

    The Naked Emperor speaks (of his own man-made god). Pity the Fools that follow such megalomaniacs…

  7. crispina says:

    Pope Benedict XVI faced claims last night ???

  8. crispina says:

    Pope ‘obstructed’ sex abuse inquiry

    Confidential letter reveals Ratzinger ordered bishops to keep allegations secret

    Jamie Doward, religious affairs correspondent The Observer,

    ** Sunday 24 April 2005 09.58 BST **

    http://www.guardian.co.uk/world/2005/apr/24/children.childprotection

  9. FXR says:

    Methinks in Rome the Emperor reminded his fawning princes that loyalty to the Church is their first duty and reminded Mr. Martin that loyalty to the truth is not loyalty to the Church where it does not serve its purposes.

    The lives of children to celibates are small from atop a golden throne where they delude themselves into believing they administer a vast extraterrestrial empire on behalf of an all powerful sky God. Herr Ratzinger and his lackeys think they are above human affairs in the way medieval aristocracy thought themselves above peasants.

    Medieval aristocracy didn’t last forever.

  10. Angry says:

    Quote “Bishop of Galway Martin Drennan had said “nothing will ever be enough to address the needs of victims . . . the most natural response to injustice is a desire for revenge” and that “to help victims move beyond that stage can be very difficult””” Unquote.

    What does he expect Survivors to do, TURN THE OTHER “CHEEK”.?. At my age I wont be showing Drennan my arse, either side of it.

    Since Drennan`s photo of him kissing RATZO`S ring went around the world , as consenting adults of course, he has become very “bold”.. A few months ago you couldn`t get a peep out of this guy, his spokesman was on call for him twenty four seven,now you can`t shut him up.

    Will this Drennan really be able to best Diarmuid Martin.?. Time will tell.

  11. christy says:

    hi paddy

    Did you know that the outstanding legal fees
    from the Redress Board to the people who raped children is 44million
    Of this an additional 12-15million to the
    SISTERS OF MERCY
    5-8million to the SISTERS OF CHARITY
    5-8to the SISTERS OF MARY IMMACULATE
    4million to the ROSMINIANS
    AND 2million to the GOOD SHEPHERDS SISTERS.

    AH SURE NEVER MIND MR COWEN GAVE 6 billion TO AIB.

    christy

  12. Thomas Miller says:

    Hi Paddy’
    Yet again there seems to be secret meetings going on without the knowledge of the survivors. Who was running this meeting to sign the letter of invitation to the “Rat in the Vat”? and where was it held? and who was at it cause I know that I was not there. Does the Archbishop of Dublin think that by bringing “the Rat in the Vat” to this country it is going to take away the pain and suffering of survivor’s? And is it going to bring back the innocence of our childhood? The answer to that is “NO”.So Paddy like you I do not want the “Rat” to come to this country.

  13. Anne says:

    Paddy, We feel physically sick! What is going on here?!?!…this man should be prosecuted! Please Paddy tell me what can we do? where do we take this. People need to be aware of what this man has done. The public need to know how rotten, reptilian and “GUILTY” this man is.

    High court payouts were up to £350,000-and that is still not enough in our opinion! The average Redress payout-£65,000. This needs to be scrapped right now and everybody re-paid what they are entitled to immediately!!! What a bunch of meditating, sneaky, cruel beasts, they aren’t men of God. How dare they profess so!! I’m fuming and hurt Paddy.

    Barry, please send me your account number again we would like to make a donation to the fund.
    Anne.

  14. christy says:

    HI PADDY
    Well said;

    NO way should this man be allowed to set foot in IRELAND how could anyone sit down with any man who would use MENTAL RESERVATION to lie about the rape of children or use pontifical secret to cover up the clerical
    rape of children

    Christy

  15. Catherine says:

    Ratzinger’s letter states that the church can claim jurisdiction in cases where abuse has been ‘perpetrated with a minor by a cleric’.

    The Church is a corporation and cannot claim jurisdiction over any FREE SOVEREIGN HUMAN BEING.

    The church has laid claim to all souls “born” into its cult. Our parents were ignorant of this truth, but we now know the man made legal loophole these men of god created to keep themselves in power.

    Everyone with a baptism cert is bonded to the catholic cult and the only way to free ourselves is to write to the head of this chuch and declare ouselves no longer members.

    To remain bonded/enslaved to this church is to also condone the behavior of the pope, bishops etc.

    Time to choose freedom or enslavement to the Vatican forever.

    Seeing as Heaven and Hell are illusions, created by this ancient cult to keep us trapped forever, then we have every right under Universal Law to use our minds and BE FREE.

    Universal Law is quite simple compared to the complicared maze of man made rules and regulations, which are not really Law at all.

    Just because some man makes something legal, does not make it lawful or right.

    A simple Universal Law to follow is “DO NO HARM TO ANYONE”

    See, no long books on cannon law, corporate law, etc needed.

    Oh dear, that will mean the lawyers etc will have no work in the future either.

  16. Kathleen O'Malley. Childhood Interrupted. says:

    What is the matter with the Irish Nation. Who would want to invite this man or any representative who condoned “Criminal Behaviour” against Children.
    This is time wasting and skimming over the surface of more important issues.

  17. Cuckoo says:

    After this march on the 24th of next month. let’s rally the forces of Ireland to vote with their feet and let the Church really know how and why the people of Ireland are at a low ebb over this sorry sordid saga.

  18. Cuckoo says:

    When he was known as the previous pope’s ‘rottweiler’ I wrote to the vat. about what had gone on over here in the name of the Mother Church, not a dicky bird did I hear back from them! Not a dicky bird Paddy! Isn’t that just terrible?

  19. Angry says:

    All is well in what pass`s for the catholic church in Ireland. The bishops are back in the pulpits, once more spewing hail and brimstone, “homilies” and “reflections” on the vatican success last week fills the airwaves and papers, eucharistic congress to look forward to, an invitation to RATZO sent out, the bishops have done well, all TWENTY THREE of them supporting and voting to keep Drennan in his luxury pad, something they are all used to.

    The papal noncio snubs the State and lawful process of Yvonne Murphys Commission, RATZO blames the nation for a “weakening of faith” which in his opinion, accounts for the wholesale raping , buggering and sodomizing of an entire generation of Irish children, Sean Brady has lost his tongue, the search for a “weeping statue” has now been called of, its not needed, as the “miracle” required to get rid of Diarmuid Martin was supplied by none other than RATZO, thereby ensuring that no en masse revolt will now take place by the Irish bishops, which was after all, the purpose of this unholy junket to the city of sin.

    The onerous task now facing Brian Cowen and his Dail Caballero`s looms menacingly large as RATZO`S intent has become clear. There will be NO apology from rome, no accountability, nor responsibility for the crimes of this church on Irish children. The vatican has now stepped back from the “Irish problem”, and has put the ball firmly at the feet of the Irish State, while they, the vatican, wrestle with the “American problem, the Australian problem, the Canadian problem, the South American problem, the French problem, the German problem,”, and anywhere else these marauding clerical sexual beasts prey on children. COLLECTIVELY, ON A WORLDWIDE BASIS THE NUMBERS OF CHILDREN SUBJECTED TO CATHOLIC CLERICAL SEXUAL TERRORISM HAS TO BE STAGGERING.

    I`d die a HAPPY MAN if people stopped talking about “”apologies””, healing, forgiveness and the rest of such unadulterated nonsense, it means nothing, achives nothing, and really counts for nothing. Its all tripe. But the culprits in the pulpits see it as their mantra, spurious and vomitous rhetoric, the stock in trade of these neanderthals.

    How do you “apologise” to a young girl who was brutally abused by a priest using his CRUCIFIX to rob her of her bodily integrity by the insertion vaginally and anally of such a “revered” object.?. Just how do you “apologise” for that.?. As a doting Grandfather I know exactly what I`d suggest for such an animal. But worse, this incident was DISCUSSED around a table by an ARCHBISHOP and his lackeys , auxilary bishops, secretarys, and other collared fops. Did they report it to the Police, NO, they hid it, suppressed it, and by their very actions CONDONED it. Some of these very people are STILL preaching about the “safety” of children in their holy church.?. As these bishops have shown since their return from rome, their meeting consisted of low thoughts and low behaviour, and after a brief orgy of self indulgent ring kissing, and close inspection of manicured soft hands, the exploitation of Survivors got underway ensuring a descending standard of the concerns expressed by Survivors was suitably ignored in favour of journalistic attention to the descriptive grandeur of the hall in which this exploitation of Survivors was taking place.

    Shortly, the wolves will close in on Diarmuid Martin in Haughey like style, “”an Irish solution to an Irish problem””, the cross dressers will dust of and don their mitres, “housekeepers” or in some cases “houseboys” will again become the norm, all is well in the world, the bishops are back in “business” ensuring that the abuse of children will continue, with religion sinking further into the decreptitude of failure. The emphasis of certainity which Diarmuid Martin had brought to this nightmare of CLERICAL SEXUAL TERRORISM, to root it out, to expose it has been viewed by these bishops as “wrongly placed” , and with equal error they rejected it, and were assisted in such rejection by the vatican. Their total effect , with Ratzingers backing, has been to introduce a dogmatic sense of finality. AND DECLARING TO THE WORLD, WE ARE ABOVE YOUR LAW.?.

    WHICH IN ESSENCE IS THE CUE FOR THE ATTORNEY GENERAL TO STEP IN AND ASSURE THE IRISH NATION THAT THEY ARE BEING RULED BY IRISH POLITICANS WITHIN THE AMBIT OF THE CONSTITUTION, AND NOT BY ROME. SO, WHEN CAN WE HAVE THE CARDINAL AND HIS AUXILARYS IN THE DOCK PLEASE DERMOT.?. AND TO CAUSE WIDESPREAD PANIC TO THESE NEANDERTHALS, LET LEANZA BE COMPELLED TO ANSWER TO THE STATE, ENSURING, AND SENDING THE MESSAGE TO ROME THAT “DIPLOMATIC STATUS” HAS NO PLACE NOR MEANING, WHEN IT COMES TO PROTECTING THE CHILDREN OF THIS STATE……..

  20. Paddy says:

    There are many people in Ireland who are calling on the Pope to visit this country. I was ‘invited’ to sign such an invitation in the presence of the Archbishop of Dublin but declined to do so.

    I refuse to be a party to any invitation to someone, pauper or Pope who it appears is at the very least an accessory to “heinous crime”.

    This man will not be welcome to Ireland by me. I can’t speak for the other people who were abused by religious orders who were protected by Ratzinger. Paddy