Sexualised violence within the church Bonn commission decides on payments for abuse victims

Bonn · Lawyers and organised groups are angry: An independent commission in Bonn is to decide on the amount of compensation for pain and suffering without hearing the victims of sexualised violence in the Catholic Church. The victims' advisory council demands that the victims have the right to be heard.

 On 1 January 2021, the bishops established a procedure whereby an independent commission decides on amounts to be paid to victims of abuse.

On 1 January 2021, the bishops established a procedure whereby an independent commission decides on amounts to be paid to victims of abuse.

Foto: picture alliance/dpa/Sebastian Gollnow

How does the Catholic Church deal with victims of sexual abuse? Since the beginning of last year, the Independent Commission for Recognition Services (Uka), set up by the German Bishops' Conference, has been working on this. In the meantime, the office in Bonn has received more than 1,560 applications. The members of the commission have meanwhile decided on 617 of them. Depending on the severity of the abuse, those affected receive up to 50,000 euros. The committee is currently being increased from eight to eleven members. Its members are lawyers, pedagogues, doctors, sociologists and psychologists.

In a recent GA interview, Bonn lawyer Eberhard Luetjohann not only demanded six-figure compensation for pain and suffering and damages for the victims, but also questioned the procedure according to which the Independent Commission decides on the amount of compensation without hearing the victims. While victims of sexual abuse support Luetjohann's stance, the Archdiocese of Cologne and the German Bishops' Conference reject the accusation that these are "secret proceedings“.

Application and documents sent to the commission

The persons concerned would not be heard directly by the commission, but by independent contact persons, a diocese spokeswoman said. "In this interview, the person concerned can of course also verbally present all circumstances that are personally important to him and that appear significant to his application and the benefits applied for."

The minutes are sent with the application and all documents to the commission, which then makes an independent decision. With regard to the amount of the application, the commission takes into account criteria such as the frequency of the abuse, the age of the person affected at the time of the offence, the extent of physical violence and the consequences for the victim, the diocese spokeswoman said. The members are nominated by an expert committee, the majority of whom are not church members, and have no employment or dependency relationship with the church.

Some do not want to experience retraumatisation

According to the Bishops' Conference, there is a clearly regulated procedure in all dioceses. "Persons who have experienced sexual abuse as minors or adult warded persons turn to the independent contact persons of the competent (arch)diocese," says a spokesperson for the bishops. They would help with the application and offer information and support to those affected. In the dioceses and in the religious orders, there are many independent contact persons who do excellent work, listen and help, according to the spokesperson.

Victims of sexualised violence have a completely different opinion. "In principle, everyone should have the right to be heard in proceedings," emphasises the victims' advisory council in the Archdiocese of Cologne, "this should also be respected by the commission." It should be up to the person concerned to decide whether to make use of this right to be heard. "Some cannot or do not want to testify because they do not want to experience re-traumatisation. Others would insist on this right.“

Affected persons' initiative speaks of disguised arbitrariness

The Affected Persons' Advisory Council considers the route via the nationwide commission to be too long. The application has to be made to the commission, which requests files from the respective diocese. There, they would be searched for and sent to the commission, which would decide on the basis of the files. "A bureaucratic monster." The Advisory Council suggests leaving the work to the dioceses, which could decide according to guidelines. "The procedures would be shortened, the decisions would be made faster."

Matthias Katsch of the "Eckiger Tisch" initiative of those affected, on the other hand, questions the entire system. "As long as the church thinks it can regulate this itself out of its own power, it will not be cured with this so-called Independent Commission. There is nothing independent about it. It's arbitrariness in disguise." An alternative procedure had been brushed aside by the church. In Katsch's opinion, the existing procedure makes a mockery of any procedure based on the rule of law. "It should be abolished, not reformed."

Calls for state intervention

The church-critical organisation "Wir sind Kirche" (We are Church) expresses similar views, advocating a "truly independent commission with a different institutional location". Stefan Herbst of "We are Church" in the Archdiocese of Cologne emphasises: "In view of the seriousness of the acts and the seriousness of the involvement of the institution, there is a need for the state to intervene." So far, the church has "largely evaded control by the rule of law". A hearing of those affected should be the least this institution would have to do.

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