TRANSLATION IN PROGRESS, CONCEPTSUMMON of the Dutch government about sexual abuse by Roman Catholic clergy.
on request of
1. Wilhelmus Francis Houben, residing Ootmarsum,
2. Benedict Emil Antoine Hubert Schillemans, living in Spankeren and
3. Rudolf August Germaine Schillemans, residing Hooglanderveen,
the address for the office of mrs mr A. Bierenbroodspot LLM, Amstelveenseweg 711 in Amsterdam, who treats the case as a lawyer,
s-Gravenhage, leaving a copy of this summon to the Procureur-Generaal bij de Hoge Raad der Nederlanden te The STATE OF THE NETHERLANDS, whose seat in The Hague, there my exploits on duty, speaking with and a copy hereof (and to sign documents) leaving at Noble High Worshipful Lord Prosecutor of the Supreme Court of the Netherlands> The Hague, 2514 CV Kazernestraat 52 to His Worshipful Noble High or in person. to
1. at last given address and a copy of this writ been ignored to:
2. s Gravenhage">under the command of the Judge of the Court> The Hague
In order for interim relief against January two thousand and twelve hours at
s Gravenhage, die zal worden gehouden in het gerechtsgebouw aan de Prins Clauslaan 60 te >s Gravenhage;">in person or represented by a lawyer, to appear at the session of the Judge of the Court> The Hague, which will be held in the courthouse at the Prince Claus Lane 60 in> The Hague;
3. been told that if the State not later than the said meeting in person or represented by a lawyer appears in court against her default will provide and hereafter to formulate action will allocate unless the subpoena prescribed time limits and formalities have been observed and / or claim it unlawful or unfounded;
4. been told that if the state does appear that a court fee will be due within four weeks after publication in the proceedings should be paid for legal i 560, -;
1. Frans Houben plaintiff sub 1 hereinafter called Frans was taken from his home by Child Protection. He lived from 1946 to 1964 in boarding schools which were under the supervision of the Roman Catholic Church. After his birth in 1946 he was first six years lovingly cared for by nuns.
Frans wrote a book about his childhood titled NO. 21.
That was his number in St. Joseph House, Cadier and Keer, a Roman Catholic boarding school for boys during the twelve years since his sixth birthday.
Immediately after arrival, he was hit in his face and beaten since then, so since 1952 he was mentally and physically abused by the brothers.
Atrocities such as harassment ranged from tearing up footballpictures, killing his duck, being for hours locked up in a small closet, cold showers due to bedwetting downright to extreme physical violence from beatings, kicking and hitting. From early on he made all sorts of lewd acts with more exaggerated as the washing of his penis, caressing of his genitals and pawing.
Frans is during 12 years seriously mentally and physically and sexually abused, including four rapes by the clergy and forced blow jobs. His book NR. 21. gives a heartbreaking report of atrocities committed by Roman Catholic clergy to a minor, who was transferred to them for his protection, care and upbringing .
2. Benedict Schillemans, plaintiff sub 3, hereinafter called Benedict is the 3 years older brother Gus. The brothers were taken from their home to the nunshome Terbeek / Vincent in Lisse. Gus was 7 years old 10 years old and Benedict.
Here, there was serious abuse and harassment.
The brothers are mentally and physically abused.
After one year they were placed in the Leostichting in Borculo.
Benedict is there very often abused. He frequently witnessed excessive force against the other boys. At age 13 he was a friar, the Hopman of the Scouts. When the man got ready to submit to him a fight crimes took place. Benedict has been giving fierce resistance. He was beaten unconscious.
He does not remember exactly what happened.
Eventually he fled half naked, bruised and dirty.
Till today he has dislikes and panic associations, which are connected the violent sexual abuse.
3. Gus Schillemans, plaintiff sub 2 was a member of the scouts under the same Hopman.
The friar took Gus every week on Wednesdays and in the weekends to the headquarters, where he committed sexual pawing.
Starting with only caressing it became increasingly aggressive. Eventually Gus is during two years sexually abused.
He had to satisfy the friar with his hands or was raped.
Gus underwent such atrocities in anxious resignation.
When he was 12 years old, he was allowed to go back to his mother.
Gus has a half year psychotherapy. He discovered that his lifelong psychological problems are caused by this sexual abuse (relationship problems, aggressiveness, insecurity and suspicion).
4. By NRC journalist Joep Dohmen, along with Robert Chesal of the World Service launched an investigation into sexual abuse in Catholic boarding schools. In his book, "VROME ZONDAARS, Abuse in the Catholic Church" reports on hundreds of cases of serious crimes committed against children, mostly through measures by the State placed. In the spring of 2010 alone there were 1700 reports to the NRC.
5. Since the sixties, these abuses reported to ecclesiastical dignitaries. Although the children were often blackmailed to keep quiet, they reported these crimes anyway, but in vain to their parents, to managers of the boarding school, to family guardians, etc.
The defendants were protected from sexual abuse and transferred. This is why, since 1984 international 14 bishops and archbishops go. In the U.S., Canada, Ireland, Australia, are paid millions in damages.
In the Netherlands, damage only sparsely covered behind closed doors.
Who is not satisfied getting announced, that the limitation period will be done if one wants to go to court.
6. These crimes have only recently attention of the State and the Roman Catholic Church (Roman Catholic Church). Now it appears that there is a pile of abuse cases is barred on the Office of the Public Justice in Den Bosch, after which the files were destroyed. The Roman Catholic Church had an arsenal of weapons to accomplish.
7. The Roman Catholic Church recognizes the first principle of the "Pontifical Secrecy", by the Pope imposed secrecy on pain of ex-communication, so the church elimination of victim and perpetrator.
There had to be silent about sexual abuse by Catholic clergy.
The Vatican called Paenitentiale builds on the success or failure of confidentiality. If the public knows nothing about the rape, the spiritual return, even if he again assaults the children.
Also in 2001, the Crimen Sollicitationis directive force: how serious the crime was, there had to be "internal" investigation carried out with as a possible "internal" solution. Pilgrimage fornicators were sent or were transferred to the remote areas.
The current Pope Benedict XVI, formerly Cardinal Joseph Ratzinger was for many years prefect of the Congregation for Doctrine (1981-2005).
The Pope is in his capacity as personally responsible for this policy.
8. Apart from the duty of confidentiality, offender and victim based canon law from the Roman Catholic Church has done everything for these serious crimes in the cover up, pure power. The victims were minors who were completely dependent on the whims of their carers. They were blackmailed with hell and damnation, with the sanction that would be given no more sacraments.
They were led to believe that they never believed would be and that they were the only ones. Besides this, there was outright abuse of the "religious duress," the fear of the power of faith.
9. Despite promises of Episcopal Conferences in countries including Italy, USA, Ireland and the Netherlands to cooperate fully with civil authorities and to open archives and records of victims appear to be little cooperation can count.
Especially after the establishment of the committee was open Deetman hard to find.
Under the name KLOKK, Umbrella National Ecclesiastical Consultation Child abuse victims have joined forces. With a perfect website to give them all possible assistance and information to peers. KLOKK has confidence in the new Assistance Platform terminated, because this platform contents, occupying a continuation of the earlier foundation and Legal Aid. Psychotherapist W. Wolters was in the old foundation and was senior to the new platform.
Something similar played with Prof.. M. Monteiro, a professor of history RU Nijmegen, because in the Deetman commission was appointed, although they are professional in many ways was intertwined with the Catholic Orders and Congregations. Deetman unmotivated questioned the lack of independence.
10. The many alarming reports since the 60s despite the crimes only since early 2010 by the publication of Joep Dohmen seriously investigated.
For almost two years and it is an appointment of committees, partly building on earlier research.
a.De Church Foundation, established in 1995 under the chairmanship of Legal Aid and Jan. Waaijer, Mayor of Zoetermeer aimed to aid and legal action for sexual abuse in the Roman Catholic Church in the Netherlands. For the assessment of the reports of these crimes had help and the Law Assessment and Advisory Committee (BAC). Opinions of the BAC were often not followed by the Episcopal Conference (BC).
b.De Complaints of sexual abuse in the Roman Catholic Church under the chairmanship of Mr. GAM Stevens, former President of the Court 's-Hertogenbosch, the replacement of the BAC for implementing the procedural rules of liability by the victims of crime. These rules of procedure on October 5, 2011 adopted by the Board of the Management & Supervision iz Sexual Abuse in the R.K. Church. Announced that Stevens has to leave the recommendations of this committee are not followed, indicates that the victims still necessary to come ..
c. Deetman Commission chaired by Wim Deetman, former Minister and Chairman of the House, former mayor of the sGravenhage, was established by the Dutch Bishops Conference (BC). And the Dutch Religious Conference (KNR). The aim of the study is to conduct an independent investigation into sexual abuse of minors in the Roman Catholic Church from 1945 to present.
Deetman the affairs of Legal Aid and criticized. On parts of the advice has been implemented.
The final report of this inquiry appears in mid-December 16, 2011. In the press center Nieuwspoort s'Gravenhage at 10.30 (9:30 embargo). The committee has over 2000 messages to process.
d. The Commission, chaired by Ronald Bandell Bandell, former Labour mayor was installed in January 2011 by the Dutch Bishops Conference (NB) and the Dutch Religious Conference.
The aim of this study is the first implementation of the recommendations of the commission Deetman. On June 24, 2011 they released their report on the introduction of a new way of assistance and complaint handling.
e. The Commission chaired by Lindenbergh Prof.mr. S.D. Lindenbergh, professor of law at the Erasmus University in Rotterdam has also been installed by the Dutch Bishops Conference and the Conference (PA) Dutch Religious (KNR). To the committee was requested to advise all civil aspects of limitation, liability and redress involving and relevant parts of canon law.
The committee is June 20, 2011 with an opinion has come to an independent commission to regulating the claims classified into categories 1 to 4 is 5000 to 25,000 euros, category 5 has a ceiling of 100,000 euros. Been advised not to plead limitation. There is no possibility of appeal included.
f. Standing Committee on Justice and Security, chaired by R. de Roon, 2nd MP (PVV) and former prosecutor and Attorney - General has a second permanent parliamentary committee. There was about handling abuse cases RK Church. There was an interim report on February 28, 2011.
g. The Commission chaired by Rieke Samson Samson, former Attorney General and Chairman of the Committee on Justice, sexual harassment, the Government set up an independent investigation into sexual abuse of minors, under the responsibility of government institutions or foster care are placed. The committee is expected mid-2012 its final report.
h. Former Attorney General D. Steenhuis has examined why the Prosecutor Den Bosch seven or more cases have a box lying barred. His research led to the observation that in the sixties "the era of free morals" otherwise it was considered child abuse. Furthermore, the Roman Catholic Church, a very "powerful institution" was. Steenhuis investigated 2200 cases, including 5 cases against Catholic priests. He concluded that there was no evidence of special arrangements with the Catholic Church.
i. The Public Ministry investigation the 34 deaths in 3 years time in the mental facility in St. Joseph Very Deetman after notification by the commission. There were 50 children killed.
11. Indeed, according to letters from dignitaries, they offered each other assistance in the silent discharge fornicators to other locations where the suffering is repeated. In correspondence from 1959 indicates there example of a priest who, after imposition of a sentence of three years' careless with boys "was. He could count the support of his superiors.
Rape, rape, systematic physical and psychological abuse of children on a large scale and over time among criminal behavior of the highest order. That this could happen even in very young children by the State for their protection, care and education to Roman Catholic institutions entrusted counts as aggravating circumstance of importance. Concealing this crime is also a serious offense.
12. The above behaviors include systematic aggravated assault, detention, assault and rape of minors, so the most serious crimes. With few exceptions, did not condemn place after thousands of crimes. Currently meets the limitation on prosecution. All victims brought civil claims were also rejected because of limitation.
The State has a monopoly on the enforcement of civil rights and the exercise of criminal law, including the preparation and / or adjustment of the necessary legislation. However powerful the Roman Catholic Church may be, there can be no religious basis of its direction. In drafting the rules of church punishment, concealment and claim it is their own direction.
13. Of course every one who has caused damage to try to regulate their compensation, but this should never happen in a way that the civil court and criminal court to be put out of play. In this case, from beginning to talk of pure abuse of power to frustrate the course of justice. Under such circumstances, the appeal to be passed civilibus limitation due to breach of good faith.
14. The statute of limitations in civil cases may be extended by concealment of debt by the debtor (legal facts) according to art. 3:321 paragraph 1f BW used in this analogy, the frustration of justice also lead to an extension or the expiry of the limitation period in civil cases.
15. The Statute of the ICC are defined as crimes against humanity including torture, rape, etc and other inhumane acts "if these are part of a widespread or systematic pattern". The International Crimes Act sets crimes against humanity punishable without limitation, even if it is outside of war or armed conflict perpetrated against civilians (Article 6 jo 13).
16. The state has a duty of care towards the protection of fundamental rights and human rights. The right to the inviolability of the body is laid down in Art. 11 of the Dutch Constitution and the right to mental integrity in art. 10 paragraph 1. Such rights direct action in the Netherlands are also enshrined in the European Convention on Human Rights (ECHR) and the International Covenants on Civil and Political Rights (IVPBR) and on the Rights of the Child (ban child labor, prohibition of sexual exploitation , prohibition of abuse, etc). The ECHR, Art. 6 Does the right to access to civil justice anchored. The European Court of Justice in the case Oneryildiz against the Turkish state that State condemned for not respecting the right to life under art. 2 ECHR and not taking measures to protect this right (30 November 2004, 48939/99).
17. The State is in many ways involved in the widespread, massive systematic violations of these rights by the time the child victims of abuse by Catholic clergy. Firstly, the State is responsible and accountable for the disastrous placement of children in their care through the Child Protection Board. Moreover, the IS task through appropriate legislation to enforce human rights and to prevent vigilantism. By not providing this, there is culpable wrongful act, so the need for an injunction in summary proceedings.
18. In years of obstructing justice and concealment of the most serious crimes on a large scale, there is severe disruption of the legal system. Only the State has to meet the regulations for the violation of legal standards by the Roman Catholic clergy, which sanctions intentionally made illusory by prescription and not all committees, appointed by ecclesiastical institutions, which in fact responsible for the abuse. The IS is seriously guilty of culpable wrongdoing by not taking action against this violation by the Roman Catholic Church of rights and duties.
19. The arrangements proposed by various committees regarding damages missing legal basis, such as there be caps. Furthermore, no possibility of appeal against the damages proposal.
The objectivity of the committee and / or experts is motivated by the victims questioned. It is in the past, it happened that the Commission a complaint is well founded and ruled that the bishop was rejected and produce them.
The severity of the crime is such that victims are not delivered properly to be at the mercy of the Roman Catholic leaders and their experts, who for many years the Catholic Church occur. Perpetrators of injustice and therefore responsible should not go to arbitrarily decide on the characterization of the facts and based upon claims of victims.
20. The equality of art. 26 ICCPR is violated if the Catholic Church the right of its direction is left. The State shall provide, through a purpose to draw up legislation to ensure that the victims still have access to justice. It should also be provided for disclosure of records.
Because plaintiffs like most victims are now an elderly man and has been a long wait for justice they are entitled to this urgent and important matter in summary proceedings to demand a provisional measure.
21. The answers to parliamentary questions that the government is satisfied with its towards the Catholic Church. Furthermore, all with the existing arrangements and must be solved. Minister Hirsch Ballin has proposed the elimination of the limitation for new crimes, so that it offers no solace.
22. Proof of the facts lies in the statements of many victims in the media and especially the study of Joep Dohmen, making the extreme extent of the crimes became clear. The psychotherapist in Gus confirms the seriousness of the consequences of years of sexual abuse.
Plaintiffs offer to witnesses and their statements with all legal means to prove, especially as regards the extent of sexual abuse and the abuse and the associated massive violation of laws by both the perpetrators and by the managers responsible for them. If the Court finds that plaintiffs in any burden of proof, plaintiffs offer to their positions by doing witnesses to prove.
EIS, THEREFORE the Honourable Lord, Lady Judge should the State, by order enforceable as many to condemn
no later than 10 days after service of the sentence, both civil and criminal matters regarding sexual abuse and abuse by clergy of minors a bill to consider, with the limitation of sexual abuse and mistreatment of children by clergy is lifted, the alternative this bill to announce, at least in the alternative to pay the filing of a bill to improve the position of victims of sexual abuse and / or abuse by clergy in a good period to justice;
to pay a penalty of € 1000, - at least by the judge to determine penalty for each day or part thereof that the State does not meet the advanced among a
the costs of these proceedings.
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