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After a series of postponements, last Thursday finally, the third chamber of the Santiago Court of Appeal ruled on the arguments of the civil action brought by the victims of Fernando Karadima against the l 39; archbishopric of Santiago.
as a key element, the revelation of a test that could prove crucial for the resolution of the dispute because amid the allegations, the victims' lawyer, Juan Pablo Hermosilla, revealed an unpublished letter from the then non-apostolic Archbishop of Santiago, Ivo Scapolo, which dates from February 2009.
Cardinal Errázuriz, in the long 8-page letter already inserted into the investigation file, evokes the theme of the parish El Bosque, including accusations of badual abuse that weighed on him. Karadima
"He contradicted everything he said under oath in his statements, that he had always acted in good faith and that, thanks to his work, he had been able to punish Mr. Karadima. and that he had always kept the inquiry open, but what the letter says is that he closed the investigation and that shows the bad faith with which Mr. Errázuriz is acting ", Hermosilla said.
In fact, Cardinal Errázuriz indicates that he has requested intervention from a promoter of justice to receive the complaints of the victims of Karadima. But its formulation hides a particular argument ("to calm the aggressiveness of the accusers") and also reveals a preferential treatment for the powerful pastor of El Bosque.
"The submission of complaints to the developer usually soothes the aggressiveness of the accusers.For respect for Father Karadima, I did not ask the promoter to question him, I only Asked his opinion to Archbishop Andrés Arteaga He considered that all this was absolutely improbable.According to the prescribed facts, I closed the investigation.I therefore wanted to protect them, knowing that my way of proceeding if the accusers brought the case before the press, would turn against me, "writes Errázuriz in the letter.
Amidst the allegations, Hermosilla also launched hand to other evidence revealing the "bad faith" of Errázuriz, as are the e-mails that he exchanged with Cardinal Ricardo Ezzati, dating back to 2013 and 2014. This exchange establishes the functioning of these two influential religious so that Juan Carlos Cruz, victim of Karadima, will not be part of the commission created by Pope Francis for the protection of minors. "In these e-mails, the truth about the ethical and legal position of Cardinal Errazuriz appears," insisted Hermosilla.
See also: Secret e-mails between Ezzati and Errázuriz and the key role of Enrique Correa in the Church's Political Operations
"The Voluntary Blindness of the Church "
The allegations took place in a new context, with an accused, Fernando Karadima, who is no longer a clergyman, because he was expelled from the priesthood on September 28 a measure which, from Vatican, was justified "for the good of the Church". In addition, the latest allegations of abuse in the church have made the figure of the ecclesiastical hierarchy more obvious as a cover-up, even with investigations initiated by the Office of the Prosecutor, which establishes a diametrically different scenario. of the person who had this request at the time of his presentation.
In fact, the call already adds more than five years of treatment. It was presented in 2013 by James Hamilton, Juan Carlos Cruz and José Andrés Murillo and Judge Juan Muñoz Pardo rejected it in first instance in March 2017.
By their appeal, the victims claim compensation of 450 Millions of dollars for church responsibility in covering up Karadima's abuses, in addition to a public apology for concealing accusations.
In this line, in the account of the opening of the allegations, it was pointed out "that there was voluntary blindness of the Church," which is part of a institutional "culture" that has helped perpetuate the abuses of the influential pastor of El Bosque for 40 years.
Surprisingly, part of these responsibilities was badumed in his plea by Nicolás Luco, a lawyer from the Archdiocese, who acknowledged that the issue of complaints had been addressed in the first place, but insisted on the requested pardon on several occasions to the ima victims What he did not give up, is the fact that the actions of the Chilean Catholic Church can not constitute a crime because "it does not happen. there is no Chilean Catholic Church as such ".
His arguments were rejected by the victims' counsel. At the end of the hearing, Juan Pablo Hermosilla said: "What is strange is that we heard in the plea of the counterpart that they were deceived to goodness. but that they do not say it in the judgment, in the response to the request.And in the statement of the two archbishops, they say that they acted correctly and that they did not They are not deceived, that is why they reject all civil liability. "
One of the victims, José Andrés Murillo, also reacted to the argument put forward by the ecclesiastical representative. in the court. "It is difficult to say that this surprises us because we are almost used to this type of double speech which seems to us unacceptable, in particular to the Catholic Church which wants to be a moral beacon for the society", has it -he declares.
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