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The Chilean justice has sentenced the local Catholic Church to pay compensation of 450,000 dollars for "moral damage" to three victims of badual abuse perpetrated by the former priest Fernando Karadima, protagonist of the case that brought to light the culture of clerical abuse.
In a unanimous decision, the Santiago Court of Appeal accepted the lawsuit against the Catholic Church and was ordered to pay 100 million pesos (about 145,000 dollars) to each of the victims: Dr. James Hamilton, the philosopher José Andrés Murillo and the journalist Juan Carlos Cruz, according to the judicial branch.
Although the decision may be appealed, the Archdiocese of Santiago has confirmed that it will not appeal the decision of the Court of Appeals. On the contrary, religious institution expressed its "agreement" with the decision of the Chilean civil justice, which revoked a March 2017 first instance judgment dismissing the application and determined that James Hamilton, Juan Carlos Cruz and José Andrés Murillo each received 100 million pesos (approximately $ 147,000).
The document "declares the action for damages admissible" for the notion of "moral damage" against the three plaintiffs, has today become one of the main faces of the defense of victims of badual abuse committed within the Chilean Church.
Fernando Karadimawho was an influential religious and trainer of several bishops, was convicted in 2011 by the Vatican for badual abuse of minors and relegated to a life of prayer and penanceBut he was excluded from the priesthood only last year, when Francisco announced his resignation, in keeping with his promise of "zero tolerance" for abuses.
From the parish of El Bosque located in a wealthy neighborhood of Santiago, which he directed from 1980 to 2006, Karadima has established strong links with sectors of Chile's political and economic elite.
The Chilean justice had declared the case against him criminally prescribed.
The press announced its decision Wednesday last October, but with a larger compensation.
Neglect without concealment
The court decision Wednesday estimates that the Church was negligent in not investigating allegations of abuse by the three victims of Karadima, but indicates that "no evidence can prove the badumption of concealment or complicity" of the former Archbishop of Santiago, Ricardo Ezzati, sacked Saturday from his post by the Vatican and the Cardinal Francisco Javier Errázuriz, to whom the victims went to report the facts at first instance.
"Neither Mr Ezzati nor Mr Errázuriz were aware of the abuses against their representatives"adds the court document.
He is also accredited "psychological damage" suffered by Hamilton, Murillo and Cruz as a result of abuse and neglect of the Church, who repeatedly asked forgiveness for this case and similar others.
The three Karadima plaintiffs opened a Pandora's box in 2010 highlighting the "culture of abuse" in the Chilean Church. this was recognized by Pope Francis and reproduces pedophile scandals led by the clergy in countries like the United States or Australia.
Parallel to the canonical justice, which expelled several bishops and priests during the last year, The Chilean courts have opened 158 cases against religious or laity who perform duties in the church, in the complaints concerning 219 people who were investigated and 241 victims, including 123 minors at the time of the abuse.
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