Trial Confidentiality
Section 11 of Crimen sollicitationis outlines the required confidentiality of the investigation into accusations of the crime of solicitation. The document imposed absolute confidentiality on the trial's proceedings (explicitly excepting "what may happen to be lawfully published when this process is concluded and put into effect", the term, "published," meaning "publication of the evidence" in Canon Law, or the conclusion of the "discovery phase" in a civil trial, before the verdict is rendered), both during its conduct and after any concluding verdict had been put into effect:
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Quoniam vero quod in hisce causis tractandis maiorem in modum curari et observari debet illud est ut eaedem secretissime peragantur et, postquam fuerint definitae et executioni iam traditae, perpetuo silentio premantur (Instr. Sancti Officii, 20 febr. 1867, n. 14); omnes et singuli ad tribunal quomodocumque pertinentes vel propter eorum officium ad rerum notitiam admissi arctissimum secretum, quod secretum Sancti Officii communiter audit, in omnibus et cum omnibus, sub poena excommunicationis latae sententiae, ipso facto et absque alia declaratione incurrendae atque uni personae Summi Pontificis, ad exclusionem etiam Sacrae Poenitentiariae, reservatae, inviolabiliter servare tenentur. |
As, assuredly, what must be mainly taken care of and complied with in handling these trials is that they be managed with maximum confidentiality and after the verdict is declared and put into effect never be mentioned again (20 February 1867 Instruction of the Holy Office, 14), each and every person, who in any way belongs to the tribunal or is given knowledge of the matter because of their office, is obliged to keep inviolate the strictest secrecy (what is commonly called "the secrecy of the Holy Office") in all things and with all persons, under pain of automatic (latae sententiae) excommunication, incurred ipso facto without need of any declaration other than the present one, and reserved to the Supreme Pontiff in person alone, excluding even the Apostolic Penitentiary. |
An oath of secrecy was to be taken by all members of the tribunal; violation incurred a penalty of automatic excommunication. The ecclesiastical penalty for violation of secrecy by the accused priest was automatic suspension a divinis, although he was free to discuss with his defence counsel (Section 13).
Unless violation of secrecy occurred after an explicit procedural warning given in the course of their examination (Section 13; and cf. Section 23 concerning the person denouncing solicitation: "… before the person is dismissed, there should be presented to the person, as above, an oath of observing the secret, threatening the person, if there is a need, with an excommunication reserved to the Ordinary or to the Holy See"), no ecclesiastical penalties were to be imposed on the accuser(s) and witnesses.
The oath of office to be taken by the members of the tribunal was given as Formula A:
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... Spondeo, voveo ac iuro, inviolabile secretum me servaturum in omnibus et singulis quae mihi in praefato munere exercendo occurrerint, exceptis dumtaxat iis quae in fine et expeditiones huius negotii legitime publicari contingat ... neque unquam directe vel indirecte, nutu, verbo, scriptis, aut alio quovis modo et sub quocumque colorato praetextu, etiam maioris boni aut urgentissimae et gravissimae causae, contra hanc secreti fidem quidquam commissurum, nisi peculiaris facultas aut dispensatio expresse mihi a Summo Pontifice tributa fuerit. |
… I do promise, vow and swear that I will maintain inviolate secrecy about each and every thing brought to my knowledge in the performance of my aforesaid function, excepting only what may happen to be lawfully published when this process is concluded and put into effect … and that I will never directly or indirectly, by gesture, word, writing or in any other way, and under any pretext, even that of a greater good or of a highly urgent and serious reason, do anything against this fidelity to secrecy, unless special permission or dispensation is expressly granted to me by the Supreme Pontiff. |
Interviewed for a television programme in 2006, canon lawyer Thomas Doyle described the tight secrecy demanded for the procedure as "an explicit written policy to cover up cases of child sexual abuse by the clergy, to punish those who would call attention to these crimes by churchmen". However, in the study of the instruction that he revised less than two years later he stated: "According to the 1922 and 1962 documents, accusers and witnesses are bound by the secrecy obligation during and after the process but certainly not prior to the initiation of the process. There is no basis to assume that the Holy See envisioned this process to be a substitute for any secular legal process, criminal or civil. It is also incorrect to assume, as some have unfortunately done, that these two Vatican documents are proof of a conspiracy to hide sexually abusive priests or to prevent the disclosure of sexual crimes committed by clerics to secular authorities." He also remarked: "To fully understand the overriding concern for secrecy one must also understand the traditional canonical concept known as the 'Privilege of the Forum' privilegium fori which has its roots in medieval Canon Law. Basically this is a traditional privilege claimed by the institutional church whereby clerics accused of crimes were tried before ecclesiastical courts and not brought before civil or secular courts. Although this privilege is anachronistic in contemporary society, the attitude or mentality which holds clerics accountable only to the institutional church authorities is still active. This does not mean that the official Church believes that clerics accused of crimes should not to be held accountable. It means that during certain periods in history the Church has believed that it alone should have the right to subject accused clerics to a judicial process."
John L. Allen, Jr. has said the secrecy was aimed rather at the protection of all involved, the accused, the victim/denouncer and the witnesses, before the verdict was passed, and for free finding of facts.
Read more about this topic: Crimen Sollicitationis
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