<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML><HEAD> <META http-equiv=Content-Type content="text/html; charset=windows-1252"> <META content="MSHTML 6.00.2800.1400" name=GENERATOR> <STYLE></STYLE> </HEAD> <BODY bgColor=#ffffff> <DIV><FONT face=Arial size=2>Pope 'obstructed' sex abuse inquiry </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>Confidential letter reveals Ratzinger ordered bishops to keep allegations secret </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>Jamie Doward, religious affairs correspondent <BR>Sunday April 24, 2005 The Observer </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2><A href="http://observer.guardian.co.uk/international/story/0,6903,1469055,00.html">http://observer.guardian.co.uk/international/story/0,6903,1469055,00.html</A></FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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'. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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'. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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'. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>'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. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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.' </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>'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. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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. </FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>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.</FONT></DIV> <DIV> </DIV> <DIV><FONT face=Arial size=2>This email was cleaned by emailStripper, available for free from <A href="http://www.papercut.biz/emailStripper.htm">http://www.papercut.biz/emailStripper.htm</A></FONT></DIV></BODY></HTML>