Will the Vatican Extradite Josef Wesolowski?

By Grant Gallicho
dotCommonweal
August 25, 2014

https://www.commonwealmagazine.org/blog/will-vatican-extradite-josef-wesolowski

Did you read Laurie Goodstein's disturbing story about the former papal nuncio to the Dominican Republic, Josef Wesolowski? Do. Wesolowski was recalled to the Vatican after it was alleged that he had sexually abused minors (Goodstein spoke with several of his accusers). He was laicized, and could face a criminal trial at the Vatican (Pope Francis updated Vatican criminal law last summer). Obviously that isn't terribly comforting to some Dominicans who would rather see him tried in the country where he committed his alleged crimes. If Pope Francis is serious about reforming the church's response to clerical sexual abuse, why did he allow Wesolowski to escape local justice?

According to a Vatican statement released this afternoon, the former nuncio may face extradition after all--because, now that he's been laicized, he no longer enjoys diplomatic immunity.

Former nuncio Josef Wesolowski has recently appealed, within the prescribed limit of two months, the most serious canonical sentence of a return to the lay state that has been imposed upon him. The appeal will be judged without delay over the course of the coming weeks, most likely in October 2014.?? It is important to note that former nuncio Wesolowski has ceased functioning as a diplomat of the Holy See and has therefore lost his related diplomatic immunity, and has been previously stated, the punitive procedure of the Vatican’s civil judiciary departments will continue as soon as the canonical sentence becomes definitive.??

The statement continues, suggesting that Wesolowski was returned to Rome so that he could be swiftly returned to the lay state and relieved of his diplomatic duties, which means that he could be tried by another country.

Regarding stories that have appeared over the past few days in various media, it is important to note that the Authorities of the Holy See, from the very first moments that this case was made known to them, moved without delay and correctly in light of the fact that former nuncio Wesolowski held the position of a diplomatic representative of the Holy See. This action relates to his recall to Rome and in the treatment of the case in relation to Authorities of the Dominican Republic.?? Far from any intention of a cover-up, this action demonstrates the full and direct undertaking of the Holy See’s responsibility even in such a serious and delicate case, about which Pope Francis is duly and carefully informed and one which the Pope wishes to address justly and rigorously.??

We must finally state that since former nuncio Wesolowski has ended all diplomatic activity and its related immunity, he might also be subjected to judicial procedures from the courts that could have specific jurisdiction over him.

Does that mean the Vatican will extradite him? Does the Vatican even have any extradition treaties with other countries? In January the Vatican said that it hadn't received any requests to extradite Wesolowski. According to Goodstein, the Dominican attorney general didn't try to have Wesolowski extradited "because he has diplomatic immunity, and 'the law would not allow it.'"

But today the Vatican seems to have issued an invitation for the attorney general to seek Wesolowski's extradition. Perhaps he ought to take them up on it.