EN Official Journal of the European Union CE 88/106

(2004/C 88 E/0111)

WRITTEN QUESTION E-2613/03

by Maurizio Turco (NI), Marco Pannella (Nl), Marco Cappato (NI) and Gianfranco Dell'Alba (NI) to the Commission

(28 August 2003)

Subject: Crimen Sollicitationis Instruction issued by the Supreme and Holy Congregation of the Holy Office of the Holy See to cover up sexual abuse by clergy

On 6 August 2003 the American CBS network revealed a document of the ‘Supreme and Holy Congregation of the Holy Office’ (now called the Congregation for the Doctrine of the Faith but originally the Sacred Congregation of the Roman and Universal Inquisition) which had been kept secret since 1962.

This document, entitled the Crimen Sollicitationis Instruction, is addressed to all Patriarchs, Archbishops, Bishops and other diocesan Ordinaries ‘even of the Oriental Rite’ on the manner of proceeding in cases of solicitation and is dated 16 March 1962.

Destined to be ‘diligently kept in the secret archives of the Curia’, it gives the clergy strict instructions regarding the conduct to adopt in cases of sex crimes committed by clergy against members of church congregations.

The document shows that the Holy See has prescribed, adopted and caused to be adopted, proposed and imposed upon the ecclesiastical authorities conduct aimed at preventing sex abuse by members of the clergy from coming to public knowledge and to the knowledge of the law, upon penalty of excommunication.

Further, it is clear from the Apostolic Letter ‘Motu Proprio Datae Quibus Normae De Gravioribus Delictis’ signed by John Paul II on 30 April 2001 and from the epistle ‘De Delictis Gravioribus’ of the Congregation for the Doctrine of the Faith signed by Cardinal Ratzinger on 18 May 2001 that, at least on these recent occasions, the Crimen Sollicitationis Instruction has been reconfirmed and attention again drawn to it in the light of the continual spread throughout recent decades of this true scourge of the Catholic ecclesiastical world and of the scandals resulting from it.

As further proof, if that were necessary, there has been widespread condemnation of the refusal to cooperate with the judicial authorities and police inquiries and the obstruction of justice.

In view of the European Union's institutional and diplomatic relations with the Holy See, can the Commission say:

— what enquiries, preventive measures, sanctions and diplomatic steps it intends to take in relation to the fact that the instructions contained in these documents run counter to the policy of the Union and of its Member States on human rights and fundamental freedoms and the fight against sexual abuse, especially that against children and women?

— whether it intends to ask the Holy See to remove these instructions which are clearly and explicitly intended to prevent society, and in particular the administration of justice, from gaining knowledge of a serious moral, social and political evil?

— whether it intends to conduct an enquiry into the relations between the Member States and the Vatican in order to ascertain whether the legal relations regulating them and giving the clergy privileges with respect to the law of the Member States are in breach of international and European law on fundamental rights and freedoms?

— Whether it considers that Article 51 of the draft European Constitution urgently needs to be revised in order to prevent national and European law from creating grey areas and impunity for the clergy?

Answer given by Mr Patten on behalf of the Commission

(22 October 2003)

The Union is committed to promoting human rights in the world. In this context, the Union has underlined the need to combat sexual abuse of children, including in its recent statement on rights of the child to the United Nations (UN) Commission on Human Rights (CHR). Moreover, the Union strongly supported the Plan of Action and Declaration of the UN Special Session on Children of May 2002, which included protection of children from abuse and exploitation as a key goal. The Holy See is a Permanent Observer at the CHR.

The Union's position on this issue is, therefore, clear and has been articulated in international fora. However, the Commission is not competent to take the course of action advocated by the Honourable Members, nor to intervene as regards Member States' diplomatic relations.