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SEXUAL ABUSE OF MINORS IN THE ROMAN CATHOLIC CHURCH Extended version Part 1 PDF

436 Pages·2012·2.53 MB·English
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Wim Deetman Nel Draijer, Pieter Kalbfleisch, Harald Merckelbach, Marit Monteiro, Gerard de Vries SEXUAL ABUSE OF MINORS IN THE ROMAN CATHOLIC CHURCH Extended version Part 1: The inquiry Content Preface 3 1 Introduction 5 2 In a nutshell: developments in the Netherlands and in the Roman Catholic Church in the Netherlands: 1945-2010 22 3 Nature and extent of sexual abuse of minors in the Roman Catholic 35 Church in the Netherlands 4 Abuse as a governance issue 57 5 The dioceses 135 6 Orders and congregations 193 7 The victims 298 8 Findings and recommendations 360 Appendix B Notes 378 PREFACE Every story is harrowing. Behind every story there is a victim. Last year I was asked to investigate the relevant facts, stories and circumstances surrounding the sexual abuse of minors in the Roman Catholic Church in the Netherlands in the period from 1945 to 2010. Prior to 7 March 2010, when I was given the assignment to formulate a proposal for an independent inquiry, my initial response had been non-committal. Why should that be? I was born and raised in The Hague. My parents belonged to the Dutch Reformed Church and I went to a Protestant Christian primary school. I went on to attend a Protestant Christian secondary school; that was the way of the world in those days. When I left school, I continued my studies at VU University Amsterdam, another institution with strong roots in the Protestant tradition. I therefore grew up, went to school and attended university in an entirely different environment and culture to many of the victims of sexual abuse in the Roman Catholic Church who, from March 2010, reported their cases to me and later to the Commission of Inquiry. In letters, and most often in e-mails, they volunteered their stories. In some cases, their accounts took the form of a brief message but I also received detailed descriptions of the suffering that had been inflicted on them and of the impact that could often still be felt on a daily basis. Some of the people — victims — who reported what had happened to them were my own age; they told me that never in their entire lives had they spoken of their ordeal to their partner or children. In many other cases, I was only the second person with whom a victim had chosen to share their life story — sometimes in great depth. Apart from their partner, I was the first person in whom they had confided. I was moved by this and continue to be so to this day. But what could I do? Raised in protestant Christian circles, my initial reaction was one of surprise when I was asked to lay the foundations for the investigation on which the Commission of Inquiry is now reporting. In 1980, the Roman Catholic Church in the Netherlands still had over five million faithful members, or at least people who were involved in the Roman Catholic Church to some extent. At the time, I was a Member of the Lower House of the Dutch Parliament. As a politician, I had the privilege of learning that there are no barriers when it comes to engaging with social issues and with people. Especially not given the way our society in the Netherlands works. If you are called upon to do your bit, you need a very good reason to refuse. I had no such reason. When on 7 May 2010 I was interviewed by television presenter Twan Huijs for current affairs programme Nova (now Nieuwsuur), I declined to commit myself on the subject of whether I would in fact lead this inquiry. The response given by Peter Dijcks, who had come forward as a victim from the Sint Henricus Institute in Grave, was as follows: ‘Without Deetman as its chairman, this commission will be worthless.’ It seemed I had reached the point of no return. Now, with hindsight, I can say that this was as it should have been. These same deliberations also applied to the other members of the Commission of Inquiry. When I approached them, they were just as surprised as I had been. With one exception, I had not made their acquaintance before. They too accepted, and for the same reasons. I would like to take this opportunity to express my gratitude to them, more than I have been able to express in the past 18 months. The process that began in March 2010 and — I say this with a certain emphasis — that has come to an end in this report has not left me unmoved. In March 2010, I watched as my mailbox filled with dozens, hundreds of messages. Personal stories that made a deep and lasting impression on me. And that I continue to carry with me. Some of these stories came from people my own age. And, even more strikingly, from people I knew in the world of politics and in organizations in whose employ or on whose behalf I had worked. People who began their e-mail with ‘Dear Wim’. You cannot imagine what I read and the effect it had on me. I was unable to conceive beforehand that everything, and I do mean everything, connected with this investigation was so charged with emotion, and continues to be so. The abuse has not only left scars, but also raw nerves and even open wounds in the lives of many people. Understandably so. For the other members of the Commission of Inquiry, these experiences were just as intense. It was clear to us all that the highest priority should be given to the provision of good quality help and support. For this reason, we decided to publish an interim report on 9 December 2010. This paved the way to improving the position of the victims. Their position can still be improved and still needs to be improved. This point was emphasized by the Commission of Inquiry on 8 November 2011 in a second interim report. The abuse has also sown the seeds of mistrust. In some cases, this mistrust was directed towards members of the victim’s own family, who were often unable to believe the accounts of abuse. Sometimes the mistrust was directed at the healthcare sector. Many victims had and still have great difficulty putting their trust in experts and qualified care professionals. It is hardly surprising, therefore, that this mistrust also extended to the Commission of Inquiry. After all, the assignment given to the Commission of Inquiry came from the Conference of Bishops and the Conference of Religious in the Netherlands. It did not come from the government or Parliament, but from within the Roman Catholic Church. This lack of trust among the victims is understandable. Often from a very young age, their trust in others was betrayed, damaged and unfortunately in many cases irrevocably destroyed. Why should they now trust a Commission of Inquiry consisting of people unknown to them personally and whom they certainly had not asked to conduct an investigation? How did the Commission of Inquiry deal with this mistrust? This inquiry is scientific in nature. The methods employed come — as it were — from the professional literature. But an investigation such as this cannot be conducted if the Commission of Inquiry is not in contact with all those involved: with the responsible authorities, with the offenders and alleged perpetrators, but also with the victims. The Commission of Inquiry gave priority and devoted its attention to establishing that contact. Anyone reading the reports submitted by victims was propelled into feelings of indignation, rage, mistrust, impatience and aversion. The one thing the Commission of Inquiry could do and indeed had to do was to seek contact with the victims. All those who had reported abuse to the Commission of Inquiry at the time were invited to two meetings, held behind closed doors in Utrecht on 29 September 2010 and in Eindhoven on 1 October 2010. These meetings were well attended and emotions ran high. They laid the foundation for regular contact with victim support groups, but also with victims on an individual basis. This extensive and intensive contact was not simply a one-way street that allowed the victims to vent their feelings. On the contrary, it made it clear to the Commission of Inquiry that the suffering and distress – which in many cases had been inflicted on these victims so long ago – may well need to be addressed on a permanent basis. In its second interim advisory report, the Commission of Inquiry returned to this point. I have spoken with many victims individually, but also with groups of victims on a fairly regular basis. As individuals, or in groups, they actively approached the Commission of Inquiry throughout this process. Often in one and the same breath, they sought to encourage the Commission of Inquiry while firing off mistrustful questions about the outcome of the investigation. I faced many a challenging situation, yet each meeting followed its own unorthodox pattern. We gradually reached a position in which the investigation also benefited from the commitment of victims and their willingness to work with us. When testing the questionnaires for a large-scale survey, two groups of victims provided comments, suggestions for improvement and additions. Perhaps this is not of primary importance, but it speaks volumes about the way in which victims — while they remained critical and mistrustful — still recognized the importance of this inquiry. The Commission of Inquiry has now reached its end. Its task has been fulfilled. It has investigated the nature and the scale of the sexual abuse of minors within the Roman Catholic Church in the Netherlands from 1945 to 2010. The Commission of Inquiry also had the task of investigating the circumstances and the administrative responsibilities pertaining to this issue. An additional question was to investigate how this administrative responsibility was carried out. This report is the outcome of an investigation that took over one year to complete. It is possible that this outcome will lead to further scientific study. The Commission of Inquiry has focused strictly on the sexual abuse of minors in the Roman Catholic Church. Its findings do not represent a comprehensive answer to the general phenomenon of the sexual abuse of minors and related issues such as the maltreatment of children, domestic violence, forced prostitution and physical violence in relationships of power or authority. The quality of our society would be well served if research or further research were to be devoted to these issues. This applies to society in the broadest sense of the term. It would enable us to gain a greater insight into the effective action that might be taken to reduce the impact of these abuses. Where the initiative for such research is concerned, let it be taken by those who feel called upon to do so. The Commission of Inquiry has completed its inquiry. It is now up to others to pass judgement on the work we have done. The Commission of Inquiry will view these judgements with an open mind. I would like to thank everyone who has contributed to this report. First of all, the members of the Commission of Inquiry: Nel Draijer and Marit Monteiro took responsibility for important sections of this report, with the full approval of the Commission of Inquiry as a whole. The same is true of Pieter Kalbfleisch, Harald Merckelbach and Gerard de Vries. At key moments, they took up their pens to produce the final report. Last but not least, I wish to thank Bert Kreemers for the commitment he showed in the role of secretary. He was literally available day and night, which made my role as chairman far easier to fulfil. But it is also important to note that this level of commitment enabled us to build contact with and win the confidence of both victims and the commissioning parties. I would also like to extend my thanks to all those who worked as part of the archive team and the administrative support team, under the firm organizational and expert direction of Meyken Houppermans. Without their invaluable contributions, the Commission of Inquiry could not have done as much work or uncovered as much information. The consultative group are deserving of our thanks for their meticulous reading and for their unflinching critical faculties. I would like to close by expressing my particular thanks to all those who have reported sexual abuse to the Commission of Inquiry: the victims, and the families and partners of victims living and deceased, who often find themselves dealing with the impact of the ordeal suffered by their nearest and dearest. Without them we could make no claim to recognition, involvement, dialogue, help, redress, transparency, openness and integrity. This brings me to the organizations that commissioned this report. I have been pleasantly surprised by their openness, transparency and willingness to cooperate. They kept the promise made by the former head of the Conference of Bishops: ‘You will have full and unencumbered access to everything you need.’ From today, bishops and higher superiors throughout the Netherlands will have full and unencumbered access to this report. Wim Deetman 1 INTRODUCTION This introductory chapter describes the setting up, the assignment, the approach, the importance and the questions pertaining to the inquiry into the sexual abuse of minors in the Roman Catholic Church in the Netherlands. 1.1 Setting up the Commission of Inquiry into the sexual abuse of minors in the Roman Catholic Church 1.1.1. The background In early 2010, the extensive media coverage of the sexual abuse of minors came as a surprise to the Roman Catholic Church in the Netherlands. With a few exceptions, this was the message communicated by all bishops and auxiliary bishops (past and present), higher superiors and other figures of authority within the Roman Catholic Church in their interviews with the commission investigating the sexual abuse of minors in the Roman Catholic Church (hereafter referred to as the Commission of Inquiry). The public outcry about the sexual abuse of minors has spread from continent to continent and country to country over the past twenty years. Ten years ago there was a flood of reports about abuse in the United States of America.1 This was preceded by a torrent of reports about abuse in Ireland. Later the public outcry spread to Austria and Germany. In February 2010, the same phenomenon took hold in the Netherlands, although there had previously been sporadic media reports regarding the sexual abuse of minors in the Roman Catholic Church in the Netherlands. One report followed another in rapid succession, focusing on the abuse itself and on the failure of the authorities within the Roman Catholic Church to deal with the issue openly. The present-day authorities and holders of office within the Roman Catholic Church were unable to answer many of the questions asked. These questions were diverse in nature. What did the relevant authorities know of the abuse? How widespread was the abuse? How were the complaints of the victims and their parents handled? Why was no help offered at the time when the abuse was taking place? The call for answers to all of these questions grew steadily louder in the first months of 2010. 1.1.2. The initial response from the Conference of Bishops and the Conference of Religious in the Netherlands On Tuesday, 9 March 2010 the bishops assembled for their monthly conference. On this occasion the bishops were joined by the deputy chair of the Conference of Religious in the Netherlands (Konferentie Nederlandse Religieuzen, KNR), Sister T. Sonder, and two board members of Hulp & Recht (the body set up by the Roman Catholic Church to deal with allegations of sexual abuse within its ranks; its name translates literally as Help & Justice). At that point, Hulp & Recht had received 350 reports of the abuse of minors dating from the 1950s and 1960s. Eighty per cent of these reports concerned children between the ages of eight and fifteen ‘being brought up under religious leadership’.2 This mainly involved congregations of priests and religious brothers, spread over congregations established by pontifical and diocesan right. According to Professor P.J.E. Chatelion Counet, the Secretary-General of the Conference of Religious in the Netherlands, this meant that responsibility was shared by the Conference of Religious and the bishops. The Conference of Religious in the Netherlands and the Conference of Bishops identified three problems. The first problem was the help and support provided to victims, the responsibility for which was initially given to the higher superiors. The second problem concerned the handling of the complaints, for which Hulp & Recht was the appropriate authority. The third problem encompassed three questions: who should carry out the inquiry, what should the inquiry focus on and should it be an inquiry established jointly by the bishops and the Conference of Religious in the Netherlands? In the first instance, the bishops who met to discuss this matter extra omnes (in closed session) were in favour of holding two inquiries. One was to be an independent inquiry by the Conference of Religious in the Netherlands looking into the reports and the abuse in boarding schools run by religious orders and congregations. A second inquiry, also independent, was to be conducted by the bishops ‘on the basis of their overarching responsibility towards the faithful, education and social commitment’. The Conference of Religious in the Netherlands was opposed to the idea of two inquiries and emphasized the collective responsibility. The complaints not only concerned seminaries run by congregations of pontifical and diocesan right, but also seminaries that came under the jurisdiction of the bishops. The question of who should carry out the inquiries or one single overarching inquiry (and how this should be done) was left unanswered. An initial decision was made to examine how the approach to the independent inquiry should be worked out in greater detail. In the words of the decision, Mr W.J. (Wim) Deetman was asked ‘to supervise the process with the aim of arriving at an inquiry’.3 1.1.3. Setting up the inquiry On 12 March 2010, Wim Deetman announced in a press conference that he would ‘in the coming weeks, carry out preparatory work with a view to an independent inquiry’.4 This work consisted of formulating the questions to be addressed by the inquiry, establishing the methods and field of research, the staffing of a proposed commission of inquiry, establishing a time frame and determining safeguards to ensure an independent, painstaking and transparent inquiry. This work was expected to take between six and eight weeks. Lastly, an announcement was made to the effect that everyone who wished to contribute information or to report an instance of sexual abuse could do so at the following e-mail address: [email protected] 1.1.4. The Conference of Bishops on 13 April 2010 At the meeting of the Conference of Bishops on 13 April 2010, the Bishop of Groningen-Leeuwarden, Monsignor G.J.N. de Korte, stated that in the first week of May 2010, an ‘inquiry proposal’ would be presented: ‘Mr Deetman will not allow the bishops to reject any part of the proposal, but they will have the opportunity to make additions.’6 Monsignor De Korte pointed out that ‘Mr Deetman is in charge of setting up the inquiry: he will seek out the people to serve on the commission and define their tasks, and will probably specify the information that the commission needs to have at its disposal. He will leave the task of setting the agenda to the commission itself. If the bishops accept his inquiry proposal, he will consider the possibility of chairing the commission himself.’ With regard to the further stages of the inquiry, Mr J.C.G.M. Bakker, a close associate of the chairman of the Conference of Bishops, informed Monsignor A.H. van Luyn that ‘there will be no comprehensive revision in consultation with the bishops. This is to ensure the independent nature of the inquiry. Society at large, including the bishops, will be able to respond to the report.’ 1.1.5. The presentation of the inquiry proposal The proposal for the inquiry was ready at the end of April. Mr Deetman consulted a great many people on this subject, including five individuals whom he later asked to become members of the Commission of Inquiry.7 These five people were Dr P.J. (Nel) Draijer, Mr P. (Pieter) Kalbfleisch, Professor H.L.G.J. (Harald) Merckelbach, Professor M.E. (Marit) Monteiro and Professor G. H. (Gerard) de Vries. On 7 May 2010, the chairman presented his proposal for the inquiry. At this stage, he was accompanied by the members of the Commission of Inquiry.8 This proposal gave priority to examining and advising on the performance of Hulp & Recht and the help it provided. At the time Hulp & Recht was the name of the organization that dealt with the issue of sexual abuse within the Roman Catholic Church. From the end of September 2011, this role was taken over by a new organization, the Agency for Reports of Sexual Abuse in the Roman Catholic Church (Meldpunt Seksueel Misbruik in de Rooms-Katholieke Kerk). When inviting individuals to serve as members of the Commission of Inquiry, the chairman ascertained their academic integrity and independence. None of the members had a Roman Catholic background, with the exception of Professor H.L.G.J. (Harald) Merckelbach. 1.1.6. The decision-making process with regard to setting up the inquiry and the composition of the Commission of Inquiry On 11 May 2010, another meeting of the Conference of Bishops was held. The board of the Conference of Religious in the Netherlands was not represented, but had already given its full backing to the inquiry proposal.9 For the Conference of Bishops, accepting the proposal was not simply a formality. The composition of the Commission of Inquiry was a point of discussion. The bishops were of the opinion that the Commission lacked an expert in the field of canon law. They also expressed the wish that two such experts and a diocesan archivist should be included in the inquiry’s administrative support team. The chairman of the Commission did not adopt these suggestions, with a view to safeguarding the independent nature of the Commission of Inquiry. However, it was agreed that advice in this field could be sought if necessary. Another point of discussion was access to church archives. The bishops were willing to open their archives ‘insofar as this served the needs of the inquiry’. They insisted that access only be given to ‘relevant documents’. The Commission’s chairman Wim Deetman explained that the complex nature of the inquiry made it impossible to determine in advance which documents may or may not be relevant. It was therefore a requirement that access be granted to all archives under the auspices of the commissioning bodies, and without any restrictions. The Commission of Inquiry gives an account of its approach to the archive research in Appendix A. In addition, the bishops asked for attention to be paid to ‘sociopathic personality disorders in paedosexuals’ and asked for a budget proposal to be drawn up.10 The Conference of Bishops also had its own perspective on the installation of the Commission of Inquiry. They thought that the chairs of the Conference of Bishops and the Conference of Religious in the Netherlands should be present, along with Monsignor De Korte. The decision of the Conference of Bishops was that ‘the commission under the chairmanship of Mr Deetman [may] proceed with the proposed inquiry.’11 This was confirmed in a press release issued jointly with the Conference of Religious in the Netherlands: ‘The plan for an inquiry in its present form has the full support of the bishops and the board of the Conference of Religious in the Netherlands. They pledge their fullest cooperation and will undertake to make all relevant information available to the Commission of Inquiry.’12 The commissioning bodies agreed to the proposal put forward by the Commission of Inquiry that ‘priority will be given to advice on the help and support provided to the victims. While help and support are already under way through the procedures of Hulp & Recht or in the form of dialogues between victims and confidential counsellors in dioceses, orders and congregations, the bishops and religious superiors attach great importance to hearing from the Commission of Inquiry in the short term in what respects it may be desirable to supplement the provision of help and support and how existing procedures can be optimized, where needed.’ 1.1.7. The first step in the implementation The inquiry conducted by the Commission of Inquiry was required to meet all possible criteria for academic integrity, thoroughness and also independence. In seeking out administrative support for the inquiry, the Commission of Inquiry turned to the Centrum Arbeidsvoorwaardenoverleg Overheidspersoneel (CAOP), a leading knowledge and service centre for the labour market and labour relations within the public domain. The CAOP took care of financial management for the Commission of Inquiry, as well as security, documentation and support for the inquiry’s administrative team. The Samson Commission, which is carrying out an independent inquiry into the sexual abuse of minors in state care who were placed in institutions or in foster homes, later based itself at the same location as the Commission of Inquiry. This made it possible for the chairs, members and administrative support teams to consult each other and coordinate on a regular basis. The chairman of the Commission of Inquiry received approximately 100 unsolicited applications from individuals who wished to be of service to the Commission of Inquiry in one way or another. For a list of the staff of the Commission of Inquiry’s administrative support team and the archive team, see Appendix B. They were under the authority of the Secretary of the Commission of Inquiry, Dr H.P.M. (Bert) Kreemers. On 24 August 2010, an introductory meeting took place between the Commission of Inquiry and the commissioning bodies. Since the Commission of Inquiry had decided not to hold any formal installation ceremony, this introductory meeting marked the formal start of the Commission of Inquiry’s work. 1.2 The assignment 1.2.1. The assignment for an independent inquiry The Conference of Bishops and the Conference of Religious in the Netherlands commissioned an independent inquiry into the facts and circumstances regarding the sexual abuse of minors whose welfare was entrusted to the responsibility of institutions and parishes within the Roman Catholic Church in the Netherlands, including the orders and congregations which are members of the Conference of Religious in the Netherlands. The inquiry focused on the scale and the nature of the sexual abuse of minors, in addition to the sphere of responsibility within which this abuse was allowed to take place. Priority was given to the help and support offered to victims and advice was given on this matter.13 In this inquiry, the following strict definition of sexual abuse was used: The term sexual abuse refers to sexual contact by representatives of the Roman Catholic Church in the Netherlands — priests, members of a religious order or congregation, pastoral workers in the employ of the church, laypersons and volunteers working for the church — with a child or young person under the age of 1814 entrusted to the responsibility of the above-mentioned representatives, without the child or young person feeling able to refuse this sexual contact, as a result of physical dominance or abuse of a position of authority, emotional pressure, compulsion or force. Abuse of a position of authority refers to an inequality in the balance of power (e.g. adult- minor, teacher-pupil, team leader-youth member).The term sexual contact is defined as all physical sexual contact, from touching or making another person touch breasts and genitals, and kissing with sexual intent to sexual intercourse (vaginal, oral or anal) or penetration of the vagina or rectum using objects or fingers. What victims regard as sexual abuse covers a wide range of behaviour: from spying on someone and less invasive forms of contact, to fondling under clothing and penetration. Numerous cases of sexual abuse involve physical violence or psychological pressure, including threats and blackmail. This is done to break the will of the victim and accordingly fits into a pattern that precedes sexual abuse. But in some cases compulsion consists only of the suggestion or assumption of such a connection. The inquiry covers the period from 1945 to May 2010. The victims are minors who were under the responsibility of persons working in the Roman Catholic Church in the Netherlands: priests, members of a religious order or congregation, pastoral workers employed by the church and laypersons. The inquiry spans a lengthy period in which the Netherlands in general, and the Roman Catholic Church in the Netherlands in particular, underwent numerous and far-reaching changes. It is therefore important to have a sound appreciation of these changes in order to arrive at a proper interpretation of the findings as regards the occurrence and explanation of the sexual abuse. Placing the findings in the perspective of a given time in order to arrive at a balanced view of what took place should not, however, be taken to imply that a description of the socio-cultural and historic context legitimizes abuses.

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22. 3. Nature and extent of sexual abuse of minors in the Roman Catholic. 35. Church in the Netherlands. 4. Abuse as a governance issue. 57. 5.
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