De Paolis: “wesolowski Is Being Tried like a Criminal”

By Giacomo Galeazzi
Vatican Insider
September 25, 2014

http://vaticaninsider.lastampa.it/en/the-vatican/detail/articolo/de-paolis-36537/

Card. De Paolis

“Up until now, in the Church, paedophilia cases were not tried in criminal proceedings but only in disciplinary proceedings. Sex abuse against minors was considered a violation of ecclesiastical laws. Francis’ decision to have Archbishop Wesolowski arrested is a bold and unequivocal one.” Cardinal Velasio De Paolis, Pontifical Delegate for the Congregation of the Legionaries of Christ and a member of the Vatican supreme court, the Supreme Tribunal of the Apostolic Signatura, agrees with “Francis’ unprecedented move” because “the impact of the sentence is twofold: it is punitive and an example for the common good.”

What led to this turning point?

“Francis sent out a very clear message regarding the seriousness of sexual abuse. The Pope very rightly responded to the arguments the United Nations raised in relation to the Wesolowski case. He showed the world that in his State, crimes against children are punished in an exemplary way. The house arrest period is 50 days and this can be renewed to another 50.”

Even if the accused is an archbishop?

“Nuncios are citizens of the Vatican City State which gives orders to its Tribunal under the terms of its code. This is the first time this has happened in a paedophilia case. Reducing him to the lay state was not enough: the Congregation for the Doctrine of the Faith does not put the guilty party in prison, it lets them go unpunished. But the State’s Tribunal also got involved. Having been judicial vicar I can say that the Vatican detention cells are not adequate for individuals to be held here for long periods of time. But the former nuncio is under house arrest anyway. The last person who was held in isolation here was Benedict XVI’s butler, Paolo Gabriele.”

What is the solution?

“Wesolowski could be extradited and according to the provisions of the Lateran Treaty, the Vatican Secretariat of State could ask Italy to hold him in an Italian prison if he is convicted. The truth, in any case, will emerge during the hearing. In the Vatican too, legal proceedings are split into three stages. The Promoter of Justice investigates into a case, but it is then the investigating judge who grants an acquittal or commits the person in question for trial if there is solid evidence theya re guilty. All legal guarantees are in place. It is clerical privileges that are removed permanently. Francis is showing the world that doing justice is also an example to be followed and that is in the interests of everyone.”