Wikileaks, i cablo Usa/Vaticano sulla pedofilia nel clero statunitense (1)

Pubblicato: 2 settembre 2011 in Varie
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Fonte: http://cables.mrkva.eu/cable.php?id=4056

 

US embassy cable – 02VATICAN5167

VATICAN BACKS U.S. BISHOPS\’ SEXUAL ABUSE POLICY, BUT SEEKS CANONICAL DUE PROCESS

Identifier: 02VATICAN5167
Origin: Embassy Vatican
Created: 2002-10-23 09:34:00
Classification: UNCLASSIFIED//FOR OFFICIAL USE ONLY
Tags: PHUM PREL PGOV SOCI PREL PGOV SOCI VT VTPHUM
This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 VATICAN 005167 

SIPDIS 

SENSITIVE 

DEPT. EUR/WE (MENNUTI) 

E.O. 12958: N/A 
TAGS: PHUM, PREL, PGOV, SOCI, PREL, PGOV, SOCI, VT, VTPHUM 
SUBJECT: VATICAN BACKS U.S. BISHOPS\' SEXUAL ABUSE POLICY, 
BUT SEEKS CANONICAL DUE PROCESS 

------- 
SUMMARY 
------- 

1. (U) IN AN OCTOBER 18 LETTER TO THE U.S. CONFERENCE OF 
CATHOLIC BISHOPS, THE HOLY SEE CONVEYED ITS SUPPORT FOR THE 
U.S. BISHOPS\' EFFORTS TO ADDRESS SEXUAL ABUSE ISSUES, BUT 
                       UNCLASSIFIED 

PAGE 02        VATICA  05167  01 OF 02  231022Z 
ALSO INDICATED ITS DESIRE FOR REVISIONS IN THE BISHOP\'S 
ABUSE POLICY DOCUMENT ADOPTED IN DALLAS IN JUNE 2002. 
ALTHOUGH JUDGED POSITIVELY AS A WHOLE, THE DOCUMENT WAS SEEN 
BY THE VATICAN TO BE AMBIGUOUS AND CONFUSED IN SOME PARTS, 
AS WELL AS CONTRARY TO THE LAWS OF THE CATHOLIC CHURCH 
(CANON LAW).  A COMMISSION OF FOUR U.S. BISHOPS AND FOUR 
VATICAN OFFICIALS WILL CONDUCT THE REVISION, EXPECTED TO BE 
COMPLETED IN TIME FOR THE U.S. BISHOPS\' NEXT MEETING IN 
NOVEMBER.  END SUMMARY. 

--------------------------------------------- --- 
BISHOPS\' POLICY ON TRACK, BUT FINE-TUNING NEEDED 
--------------------------------------------- --- 

2. (U) THE MUCH-ANTICIPATED VATICAN RESPONSE TO THE U.S. 
CONFERENCE OF CATHOLIC BISHOPS\' \"NORMS FOR DIOCESAN POLICIES 
DEALING WITH ALLEGATIONS OF SEXUAL ABUSE OF MINORS BY 
PRIESTS, DEACONS, OR OTHER CHURCH PERSONNEL,\" CONVEYED IN A 
LETTER FROM THE PREFECT OF THE HOLY SEE\'S CONGREGATION 
(DEPARTMENT) FOR BISHOPS, CARDINAL GIOVANNI BATTISTA RE, 
EXPRESSED STRONG SUPPORT FOR THE BISHOPS\' EFFORTS TO RESPOND 
TO THE SEX ABUSE PROBLEM IN THE U.S.  THE HOLY SEE EXPRESSED 
\"FULL SOLIDARITY\" WITH THE U.S. BISHOPS\' CONDEMNATION OF 
SEXUAL MISDEEDS AND SUPPORT FOR THEIR EFFORTS TO \"RESPOND 
FIRMLY\" TO THE MISDEEDS OF A \"VERY SMALL NUMBER\" OF CHURCH 
PERSONNEL.  CARDINAL RE EMPHASIZED THAT THE HOLY SEE REGARDS 
SEXUAL ABUSE OF MINORS AS \"PARTICULARLY ABHORRENT.\"  AT THE 
SAME TIME, THE RE LETTER ALSO MADE CLEAR THAT THE VATICAN 
SAW POTENTIAL FOR CONFUSION AND MISINTERPRETATION IN SOME 
ASPECTS OF THE NORMS.  RE\'S LETTER IS THE FRUIT OF MONTHS OF 
INTERNAL DISCUSSION AMONG FIVE VATICAN DEPARTMENTS.  IT 
                       UNCLASSIFIED 

PAGE 03        VATICA  05167  01 OF 02  231022Z 
REFLECTED THE UNEASE FELT HERE THAT CERTAIN PROVISIONS OF 
THE NORMS COULD VIOLATE THE DUE-PROCESS RIGHTS OF ACCUSED 
CLERGY. 

3.   (U) THE HOLY SEE\'S CONCERNS WITH THE U.S. NORMS ARE 
CENTERED ON THE MECHANISMS FOR ADMINISTERING THE POLICY, ITS 
COMPATIBILITY WITH CANON LAW, AND LACK OF CLARITY IN SOME 
TERMINOLOGY.  FOR EXAMPLE, THE HOLY SEE IS CONCERNED ABOUT 
THE POTENTIAL CHALLENGE TO A BISHOP\'S AUTHORITY BY SO-CALLED 
\"REVIEW BOARDS\" -- BODIES WITH A HEAVY LAY COMPONENT 
MONITORING HOW SEX ABUSE ACCUSATIONS ARE DEALT WITH -- WHICH 
ARE TO BE SET UP IN EVERY DIOCESE.  THE U.S. DOCUMENT 
DEFINES THESE AS CONSULTATIVE, HOWEVER, THE VATICAN BELIEVES 
THEY COULD SEEK TO ASSERT AUTHORITY OVER BISHOPS TO HOLD 
THEM ACCOUNTABLE.  THE HOLY SEE ALSO EXPRESSED CONCERN ABOUT 
THE DEFINITION OF \"SEXUAL ABUSE.\"  THE \"NORMS\" DEFINE SEXUAL 
ABUSE BROADLY, INCLUDING NON-PHYSICAL ACTS.  THE VATICAN 
SEES THIS AS \"VAGUE AND IMPRECISE AND THEREFORE DIFFICULT TO 
INTERPRET.\" 

4. (U) AN ADDITIONAL CONCERN IS THAT THE NORMS GO FURTHER 
THAN CANON LAW AND RECENT PAPAL DIRECTIVES IN DEALING WITH 
PRIESTS CONVICTED OF SEXUAL ABUSE -- EITHER IN A CIVIL OR 
CHURCH COURT.  INSTANT DISMISSAL FROM THE CLERICAL STATE -- 
THE SO-CALLED \"ONE STRIKE AND YOU\'RE OUT\" POLICY -- DOES NOT 
CONFORM TO CHURCH LAW.  (COMMENT:  THE VATICAN ALSO MAKES A 
DISTINCTION BETWEEN ABUSE AND SEXUAL MISDEMEANOR, E.G., A 
YOUNG PRIEST HAVING A CONSENSUAL RELATIONSHIP WITH A 17 YEAR- 
OLD GIRL. INDEED, FROM THE VATICAN PERSPECTIVE THE LATTER 
RELATIONSHIP IS NOT A CIVIL MISDEMEANOR IN MANY COUNTRIES 
WHERE PRIESTS WORK.  END COMMENT.)  ALTHOUGH THE U.S. 
                       UNCLASSIFIED 

PAGE 04        VATICA  05167  01 OF 02  231022Z 
BISHOPS MAINTAIN THAT CURRENT CHURCH LAW PROCEDURES WILL BE 
RESPECTED, THE VATICAN IS SEEKING CHANGES TO SPECIFY EXACTLY 
HOW THIS WILL BE DONE. 

5. (U) TO ACHIEVE THESE REFINEMENTS AND PROVIDE THE VATICAN 
\"RECOGNITIO\" REQUESTED BY THE U.S. BISHOPS FOR THEIR POLICY, 
THE HOLY SEE AND THE U.S. BISHOPS HAVE CREATED A MIXED 
COMMISSION OF FOUR U.S. BISHOPS AND FOUR REPRESENTATIVES 
FROM THE HOLY SEE DICASTERIES HAVING A ROLE IN THE MATTERS 
UNDER REVIEW -- THE CONGREGATION FOR THE DOCTRINE OF THE 
FAITH, THE CONGREGATION FOR BISHOPS, THE CONGREGATION FOR 
THE CLERGY, AND THE PONTIFICAL COUNCIL FOR LEGISLATIVE 
TESTS.  THEIR REVISIONS ARE EXPECTED TO BE COMPLETED IN TIME 
FOR THE NEXT U.S. BISHOPS MEETING IN NOVEMBER.  AFTER THE 
BISHOPS INCORPORATE THE CHANGES INTO THEIR\' NORMS, THE HOLY 
SEE WOULD THEN APPROVE THE REVISED DOCUMENT (PROVIDE 
\"RECOGNITIO\"), WHICH THEN AUTOMATICALLY BECOMES BINDING FOR 
THE CATHOLIC CHURCH IN THE UNITED STATES (THOUGH NOT 
ELSEWHERE). 

------- 

                       UNCLASSIFIED 

                           UNCLASSIFIED     PTQ5751 

PAGE 01        VATICA  05167  02 OF 02  231022Z 
ACTION EUR-00 

INFO  LOG-00   NP-00    AMAD-00  CIAE-00  DODE-00  DS-00    UTED-00 
      VC-00    TEDE-00  INR-00   LAB-01   VCE-00   NSAE-00  TEST-00 
      DSCC-00  PRM-00   DRL-02   SAS-00     /003W 
                  ------------------FCA70A  231023Z /38 
R 230934Z OCT 02 
FM AMEMBASSY VATICAN 
TO SECSTATE WASHDC 
INFO WHITE HOUSE WASHDC 

UNCLAS SECTION 02 OF 02 VATICAN 005167 

SIPDIS 

SENSITIVE 

DEPT. EUR/WE (MENNUTI) 

E.O. 12958: N/A 
TAGS: PHUM, PREL, PGOV, SOCI, VT 
SUBJECT: VATICAN BACKS U.S. BISHOPS\' SEXUAL ABUSE POLICY, 
BUT SEEKS CANONICAL DUE PROCESS 

COMMENT 
------- 

6. (SBU) CONTRARY TO MEDIA REPORTS SUGGESTING THAT THE HOLY 
SEE REJECTED THE U.S. BISHOPS\' PROPOSALS, THE HOLY SEE\'S 
RESPONSE IS BROADLY SUPPORTIVE WHILE SIMULTANEOUSLY 
CONCERNED THAT THE U.S. PROPOSALS -- HAMMERED OUT RAPIDLY 
                       UNCLASSIFIED 

PAGE 02        VATICA  05167  02 OF 02  231022Z 
LAST SUMMER UNDER AN INTENSE MEDIA SPOTLIGHT -- LACK THE 
PRECISION AND CLARITY NEEDED TO ENSURE AN EFFECTIVE POLICY 
THAT BOTH PROTECTS MINORS FROM ABUSE WHILE PROVIDING 
ADEQUATE SAFEGUARDS FOR CLERGY IN THE FACE OF POTENTIAL 
FALSE ALLEGATIONS.  THE BOTTOM LINE IS THAT THE VATICAN 
WANTS TO DEAL EFFECTIVELY WITH THE PROBLEM OF SEXUAL ABUSE 
BY CLERGY, BUT DOES NOT WANT TO DO SO AT THE COST OF 
DEPRIVING CLERGY OF DUE PROCESS.  THE HOLY SEE DOES NOT AT 
THIS TIME REGARD THE U.S. BISHOPS\' EFFORT AS A MODEL FOR THE 
REST OF THE WORLD, WHERE IN CERTAIN COUNTRIES VOLUNTARY 
NORMS HAVE ALREADY BEEN AGREED WITH THE TACIT APPROVAL OF 
THE HOLY SEE.  NEVERTHELESS, THERE IS LITTLE DOUBT THAT THE 
U.S. POLICY WILL BECOME A POINT OF REFERENCE FOR OTHER 
COUNTRIES COMING TO TERMS WITH PAST CASES OF ABUSE.  FOR 
THIS REASON, THE HOLY SEE WANTS TO BE SURE THAT THE U.S. 
NORMS ARE FULLY CONSISTENT WITH CHURCH LAW AND PROVIDE A 
LASTING BASIS TO PROTECT MINORS FROM ABUSE WHILE ENSURING 
CANONICAL DUE PROCESS FOR ACCUSED CLERGY. 

HARDT 

                       UNCLASSIFIED 

> 

 2002VATICA05167 - Classification: UNCLASSIFIED
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