The criminal proceedings into 'Operation Chalice,' the investigation into sexual abuse by members of the Catholic Church in Belgium and a cover-up operation within the Church, were declared void on Monday.
Operation Chalice began in June 2010 with house searches at the archdiocese in Mechelen, St Rumbold's Cathedral, the private residence of Cardinal Godfried Danneels, the State Archives and the then-commission led by child psychiatrist Peter Adriaenssens, which looked into child abuse in the church.
This led to a legal battle over those house searches in the archbishop's palace, the offices and the private residence of (late) Cardinal Danneels. Three differently composed Chambers of Indictment successively decided that the searches were irregular, then that they were perfectly legal and finally that they were irregular after all.
In December 2012, it was also finally decided that the documents seized during the searches had to be removed from the investigation file. In April 2016, it became apparent that the Federal Prosecutor's Office thought that the criminal proceedings in the file had expired.
'Victims deserve recognition'
The victims' lawyers, on the other hand, criticised the fact that during the course of the investigation, important pieces of evidence had disappeared from the file, following alleged interference by the Belgian Church in the investigation.
The fact that the criminal proceedings have now been declared void means "a dark day for all victims of abuse in the church," said Federal MP Axel Weydts (Vooruit), who is on the parliamentary inquiry committee into the case. "The committee will do everything it can to get to the bottom of things. It does not stop here."
"The victims of abuse in the church deserve recognition and the truth," he stressed. "The previous investigation committee and the High Council of Justice already came to some important findings. We will continue that work in our parliamentary investigation committee, so that victims of abuse in the church finally get what they are entitled to: justice for the suffering that was inflicted on them and answers."
Retired priest Rik Devillé, pictured outside the Council Chamber, holding a sign saying 'Enter church at your own risk'. Credit: Belga/Timon Ramboer
Meanwhile, the lawyer for the Archdiocese of Mechelen-Brussels, Fernand Keuleneer, spoke of a "legally correct and very balanced" decision. "Some of the suspects have died, and the statute of limitations has passed for others. This is no surprise. The civil parties can still appeal, and a cassation appeal is possible afterwards."
In a press release, the bishops of Belgium expressed their sympathies for the suffering that the victims of sexual abuse in the Church have endured. "Perpetrators must be prosecuted and judged according to the rule of law. When incidents have expired before the law, the Catholic Church takes a moral responsibility by listening to and acknowledging the suffering of the victims."
However, they stressed, 'Operation Chalice' was mainly about the alleged culpable negligence of leaders in the Church in dealing with reports of abuse in the past. "The bishops have always fully cooperated with the investigations that were launched in 2010, and have not covered up any facts."
No justice
Retired priest Rik Devillé, a long-standing advocate for the victims of sexual abuse within the church, expressed great disappointment. "The victims have fought for recognition for decades, which has once again not come."
"The victims of historical abuse in the church clearly have no rights in this country, and the church is clearly above justice," he added. "In this country, the judiciary apparently has no choice but to say that it cannot conduct a thorough investigation into the church."
Devillé stressed that the judgement hits very hard. "The pain for the victims has once again increased. They must once again go on without justice. Our hopes are now with Parliament, and in addition we have issued a letter of formal notice to the Belgian government."
"When you live in a country where such a large group of victims are denied their rights, there is clearly something lacking," he said. "We are also asking the government to set up a victims' fund so that all victims are entitled to psychological assistance for as long as they need it."
Rik Devillé pictured during a commemoration dedicated to victims of sexual abuse. Credit: Belga/Nicolas Maeterlinck
The victims' lawyer, Christine Mussche, also disagrees with the decision, adding that they had hoped that the court's motivation would take into account the errors and dysfunctions clearly identified by the High Judicial Council and uncovered in the parliamentary commission of enquiry.
"However, the court decided not to address that because it considers that those points have already been ruled on by other courts. It even goes along with the reasoning that gave rise to those earlier, final decisions at the time, and that goes directly against what the High Court has established," she said. "We will now study the order thoroughly, and then decide whether to appeal."
The civil parties maintain that much of the file and supporting documents were disposed of, despite conflicting decisions by the Indictments Chamber. "Additionally, a judge who had previously been rejected still sat down and made decisions on three occasions outside the presence of the civil parties, after which the High Court had to say on three occasions that this could not be done."
'Triple victims'
In any case, Mussche added that this is not the endpoint for the victims. "The intention is to continue the action against the Belgian State, about its liability, and to make the church liable for the payments that should have been made for so long."
Before the parliamentary enquiry committee, the magistrates involved also admitted that mistakes had been made, that things could and should have been done differently, she stressed. "Then it seems to me that there is every reason to invoke that liability."
"The victims are triple victims," Mussche said. "Of the devastating abuse, of a church that says a lot but whose actions you are not allowed to look at, and finally of a court that conducted a procedure that was totally illegal on certain points, with an investigation that took too long, and was conducted in a biased way."
Related News
- Bishop of Hasselt will miss Pope's public celebrations in respect of abuse victim
- Investigating magistrate hopes to wrap up Operation Chalice in the autumn
- 'Our shame and humiliation': Catholic Church says it failed its own victims
- Over 14,000 people request debaptism 'out of disgust' at abuse culture
