POPE SEEKS IMMUNITY FROM CHARGES HE COVERED UP SEX ABUSE SCANDALS

CHICAGO SUN TIMES - Lawyers for Pope Benedict XVI have asked President Bush to declare the pontiff immune from liability in a lawsuit that accuses him of conspiring to cover up the molestation of three boys by a seminarian in Texas, court records show. The Vatican's embassy in Washington sent a diplomatic memo to the State Department on May 20 requesting the U.S. government grant the pope immunity because he is a head of state, according to a May 26 motion submitted by the pope's lawyers in U.S. District Court for the Southern Division of Texas in Houston.

Joseph Ratzinger is named as a defendant in the civil lawsuit. Now Benedict XVI, he's accused of conspiring with the Archdiocese of Galveston-Houston to cover up the abuse during the mid-1990s. In Washington, State Department spokeswoman Gerry Keener, said Tuesday that the pope is considered a head of state and automatically has diplomatic immunity.

NICOLE WINFIELD, AP - Lawyers for abuse victims say the case is significant because previous recent attempts to implicate the Vatican, the pope or other high-ranking church officials in U.S. sex abuse proceedings have failed - primarily because of immunity claims and the difficulty serving top Vatican officials with U.S. lawsuits.

"It has gone further than any suit before, and it should be instructive to the church that if evidence of their continued handling of these matters keeps coming to light and is inconsistent with fair play, that lawyers are going to pursue it," said Stephen Rubino, a New Jersey lawyer who is not involved but has handled hundreds of other cases of church sex abuse.

The three boys, identified in court documents as John Does I, II and III, allege that a Colombian-born seminarian on assignment at St. Francis de Sales church in Houston, Juan Carlos Patino-Arango, molested them during counseling sessions in the church in the mid-1990s. Patino-Arango has been indicted in a criminal case by a Harris County, Texas grand jury and is a fugitive from justice, the lawsuit says.

Attorney Daniel Shea, who is representing one of the three boys in the civil suit, said in a telephone interview Tuesday that then-Cardinal Ratzinger, who headed the Vatican's Congregation for the Doctrine of the Faith before becoming pope, was involved in a conspiracy to hide Patino-Arango's crimes and to help him escape prosecution.

In the lawsuit, Shea cited a May 18, 2001 letter from Ratzinger, written in Latin to bishops around the world, explaining that "grave" crimes such as the sexual abuse of minors would be handled by his congregation. The proceedings of special church tribunals handling the cases were subject to "pontifical secret," Ratzinger's letter says.

"Ratzinger's involvement arises out of this letter, which demonstrates the clear intent to conceal the crimes involved," Shea said.

The Vatican and the U.S. Conference of Catholic Bishops have insisted that the secret church procedures in the sex abuse case were not designed to cover up abuse nor to prevent victims from reporting crimes to law enforcement authorities. The document deals with church law - not keeping secrets from secular authorities, they say.

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JAMIE DOWARD, OBSERVER, UK - 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.

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.

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'. . .Ratzinger's letter states that the church can claim jurisdiction in cases where abuse has been 'perpetrated with a minor by a cleric.' 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.

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'.'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.

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. 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.'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.

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.'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. 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.

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.

PETER POPHAM, INDEPENDENT - Pope Benedict XVI has been accused of ignoring for seven years charges that Fr Marcial Maciel, the founder of the Legionaries of Christ, had sexually abused nine teenagers in his organization - because Fr Maciel was a close friend of Pope John Paul II. In 1997 the then Cardinal Ratzinger was prefect of the Congregation for the Doctrine of the Faith, the Vatican body which has the power to excommunicate priests guilty of sexual abuse, when Bishop John R McCann of New York forwarded him detailed charges of sexual abuse made by Fr Juan Vaca, a priest in Bishop McCann's diocese.

The charges were in the form of a 12-page letter to Fr Marcial Maciel Degollado, who founded the Legionaries of Christ, a conservative Catholic evangelical order, in Mexico in 1941."Everything you did contradicts the beliefs of the Church and the order," Fr Vaca wrote in his open letter. "How many innumerable times did you wake me in the middle of the night and had me with you, abusing my innocence. Nights of fear, so many nights of absolute fear: so many nights of lost sleep, that on more than one occasion placed my own psychological health in jeopardy."Fr Vaca was one of nine former members of Legionaries of Christ who charged Fr Maciel with having sexually abused them when they were teenage seminarians in the order in the 1940s, 1950s and 1960s. . .

Another priest and former member of the Legionaries, Juan Manuel Fernandez Armenabar, made a deathbed declaration denouncing Fr Maciel's sexual abuse. But despite the gravity of the charges, Cardinal Ratzinger took no action. The Vatican confirmed that it had received Fr Vaca's letter, but nothing more was said.