Crimes committed by clergy in Italy
THE FOLLOWING REPORT WAS SENT ON THE 8TH TO ALL CHILD AND ADOLESCENT OMBUDSMEN AND TO THE OMBUDSMEN (currently only 4 in Italy) FOR THE PROTECTION OF VICTIMS OF CRIME (PDF 2nd Report Rete L’ABUSO )
With this petition, the Rete L’ABUSO Association intends to denounce the situation we are witnessing in the country and, at the same time, encourage the Ombudsman to ensure that the ‘best interests of the child’, which is still only a matter of paper in Italy, begins to create concrete foundations and channels for the implementation of laws, in particular LAW No. 172/2012 and LAW No. 69/2019.
As you know, Italy currently lacks concrete and effective tools to prevent sexual abuse of minors and vulnerable persons. It lacks awareness-raising tools for adults, and more specifically for minors. Those who are informed by adults about how to behave towards them are the first and most effective alarm bell to prompt parents or adults to take action. This awareness often enables alarmed minors to avoid certain situations, protect themselves and report them to adults.
As the following report shows, it was the Italian delegation itself, questioned by the United Nations Committee on the Rights of the Child at its 80th session, that reluctantly raised Italy’s serious shortcomings. When asked about the prevention strategies implemented or planned by the Member State, the UN delegation merely cited the penalties and aggravating circumstances provided for perpetrators of these crimes.
These are penalties and aggravating circumstances imposed on offenders only after they have committed the crime.
The UN identified serious shortcomings and recommended in point 21 of its final report what Italy should implement. (CRC/c/ita/co/5-6)
As indicated in this request, in which the Association reports to the Regional Guarantor the significant data that has emerged, concerning only the Catholic clergy, it is urgently emphasised that the figures recorded, although inaccurate, are extremely high.
More than 3.5% in the clergy alone, in Italy composed of 31,000 units, of which 1,106 would be involved.
This figure was not only noted by the Association, but also confirmed by the Italian Episcopal Conference itself, which, to be precise, reported 1,049 in the same period of time that we surveyed, compared to 1,106 surveyed by the exhibitor.
Given that the clergy, as an organisation, has been well aware of this for years, it has taken measures to protect itself from a problem that is endemic and well known to the Vatican, at least since 1962, when it secretly regulated it in the now infamous directive ‘Crimen sollicitationis’.
That said, this in no way diminishes the seriousness of the situation and the need for urgent action. This requires, through regional guarantors, firm and rapid intervention by the national guarantor, which involves and empowers citizens and political leaders on this issue. Italy is fifteen years behind other European Union Member States, which in many cases have not only quantified the phenomenon on the ground, but also granted humane compensation, concrete support and justice to survivors, in accordance with Italian constitutional guarantees.
As you are well aware, Italy’s particularity lies in these fundamental legislative gaps which, once implemented, become obstacles to secondary legislation.
For example, the absence of a reporting obligation for all citizens – which would place adults, as they should be, in charge of their legal duties to protect minors – makes European prevention tools such as the anti-paedophilia certificate, issued by the Court, aimed at preventing persons convicted of this type of offence from having further contact with minors, all the more important.
However, if there is no obligation to report, there is no preliminary investigation by the judicial authorities, and therefore no conviction and no entry on the certificate. Since its ratification, the same anti-paedophilia certificate has encountered another serious problem.
Indeed, it is unclear why the Italian legislature is the only one to have exempted the increasingly vulnerable category of volunteers from the obligation to disclose their data. Coincidentally, this category also includes the clergy, which, in strict compliance with the law, reinstates priests who have already been convicted or who are repeat offenders. Almost as if it were a ‘normal’ practice.
The latest case reported in Italy is that of Father Ciro Panigara, who, according to the diocese itself, is accused of abusing five minors ten years ago. Having failed to report the case to the Italian authorities, the Church kept it secret until last December, when he was reinstated. Shortly afterwards, he reoffended, in accordance with the rules.
In this case, the obligation to report first, and then obtain an anti-paedophilia certificate, would have prevented a clearly foreseeable tragedy, which is undeniable, but which in fact created new victims.
Try for a second to put yourself in the shoes of a convicted predator who, because of his tainted certificate, can no longer access most places frequented by minors today, and it becomes obvious that he will prey where the certificate is not required.
In voluntary sports associations, clubs and everywhere else, including churches and parishes, where paradoxically he is even more protected because the fear of scandal within the church gives him the certainty that if he is discovered, not only will he not be reported, but he will also be covered up, to prevent the case from being disclosed and tarnishing the reputation of the Church.
In the absence of effective preventive measures, the introduction of a reporting obligation for all citizens (already in force in Italy but limited to public officials) and the revision of the anti-paedophilia certificate, which, as the UN is also requesting of Italy, should be amended in the part that exempts volunteers from exposure, would already ensure a significant level of prevention compared to the current total absence.
Francesco Zanardi
Legal representative – L’ABUSO ODV/ETS Network