THE COUNTRY launches investigation into pedophilia in Spain and the Spanish Church in 2018 database Updated all known cases. If you know of an incident that has not yet come to light, please let us know below. abuse@elpais.es. If this is Latin America, the directions are: abuseamerica@elpais.es.
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The Vatican and the Spanish Church say Rafael Zornoza, the bishop of Cadiz and Ceuta, was held in the role for four months and had contact with minors. Zornoza was a priest who was under investigation for child abuse in the 1990s when he headed the Getafe seminary in Madrid. The case is already in the criminal justice system and was filed this summer in the Santa Sede court, where the victim sent a complaint by mail to the Office for the Doctrine of the Faith, which recognized the victim’s credibility and ordered the opening of an investigation. At this point, lawyers said that preventive measures, such as firing Obispo, could have been taken before the incident became serious. It is also possible that it will take place after an investigation begins to be ordered in Spain. But it is not lost. The crisis sparked by this incident represents the first test for Leon XIV as he investigates his actions before the pedophile scandal in the Spanish Church, which Francis never wanted to face.
Precisely, one of the main recommendations of the Pontifical Commission for Minors’ latest report released last month was to expedite the dismissal of priests involved in abuse cases. The group stressed “the importance of simplified procedures for the reduction or dismissal of leaders and church officials in cases of abuse or neglect.”
After learning about the incident last month and following an investigation by EL PAÍS, Zornoza denied the accusations and put his agenda on hold to “reveal the suffering of those who have suffered” and to deal with the cancer he has publicly announced for the first time. However, there was nothing prohibiting him from contacting minors, and the Spanish Episcopal Conference (CEE) also removed him from his position at the facility.
Commenting on the Gospels on the Obispo blog, this mishap comes as this month’s reading tells the story of Lucas, in which Jesus tells his disciples that he scandalized even the least of them, “but it was worth it to have ponged in the cave and cast molehills and sea stones into the sea.” Zornoza’s comments are “a call to courage and responsibility to others, especially to the weakest and the strongest. (…) In hereditary and selfish societies, too many men and women end up being defeated, ignored and overthrown. … That is what we owe to that Yella: forgiveness, which does not mean lies, but true love.”
The Catholic Church had an easy solution for Mr. Zornoza to relinquish his position. At the age of 76, at the end of his 75-year term, he offered his resignation to the pope, saying he had established church norms. Normally, the pope would ask for an extension of several years, but in this case, he may have been allowed to act quickly after learning of the charges before filing charges. That is precisely because, as stated in Article 1722 of the Code of Canon Law, precautions are “to avoid scandals, protect freedom of testimony and guarantee the course of justice.”
However, the Doctrina de la Fe and the Bishopric of Obispos ordered it to be separated, as complaints of this type must be communicated automatically. Newly, as with Francis, the Vatican apparatus and each country’s dioceses function independently and are not necessarily aligned with the pope. The Archdiocese of Seville also took action, with the Vatican taking charge of directing an investigation at the end of July to ensure that the archdiocese, on which the diocese of Cadiz depends, becomes the capital’s headquarters. In Seville, an archdiocese official confirmed that “it has been decided to send the case to the Rota court.” If the diocese does not want to deal with complex complaints, an option for the diocese to consider is to send the file to the Legation, the embassy in Santa Sede en España. The agency, which is currently directing the preliminary investigation, has also cut off Zornoza from its functions.
The Vatican Press Office, which was consulted on this point, said that no precautions were taken until after the evaluation of the first preliminary investigation, and that they would be taken as soon as it was determined whether they were applicable. “This is not always the case, it does not happen automatically and is determined on a case-by-case basis,” the spokesperson said.
At the Spanish Episcopal Conference (CEE), Zornoza is a member of the Episcopal Commission for Mission and Cooperation with the Church. CEE confirmed to EL PAÍS that Obispo of Cádiz and Ceuta continues to perform this task in the Commission and that he does not have the authority to separate it, but that it must be the Court of De la Rota that requests it. Episcopal president Luis Argüello said this month that the synod has no legal canonical authority over bishops, but that it is the Holy See that does, adding: “We do not correspond with our brethren.”
Zornoza’s situation in the EEC contrasts with more recent precedent. In another case that came to light last week, the accused priest was separated within two months, but spent four years in Obispo, Cadiz, where he still holds office. Last month, CEE placed the prison’s pastoral director, Jesuit José Antonio García Quintana, in isolation after his followers were accused of pederasty. A CEE spokesperson said: “In this case, it was the company that encouraged us to take this step.”
In this case, the Jesuits were not aware of the accusations in July, but after conducting an “initial internal review” and providing reliable testimony, they parted ways with the priests in September, brought the matter to the tax office, and reported it to the CEE, which led to the Jesuits revoking their positions.
Seriousness of accusation in confession
In addition to the accusations of abuse, the experts consulted also highlighted another aspect of the complaint, which is also a canonically serious issue: the use of the sacrament of confession. The victim asserted in the complaint that she confessed to Zornoza, but that it was also a moment of “manipulation and control.” The complainant said that during his confession he felt a great deal of guilt, which “made him realize that he was incapable of loving or understanding friendship.” “After confessing my homosexual acts, I went to bed and a few minutes later he came into my bed and fondled me,” he says.
In this sense, Article 1385 of the Spanish Code of Canon Law provides that “a priest who, during confession or under the pretext of confession, requires a penitent to commit a sin contrary to the sixth commandment of the Ten Commandments shall be punished, depending on the gravity of the crime, with suspension, ban, or deprivation; and, in the most serious cases, expulsion from the clerical state.” This provision is also referred to in Article 4.4 of the Code on the Most Serious Crimes reserved to the Doctrina de la Fe, which states: “Requests for crimes contrary to the sixth commandment of the Ten Commandments during confession, or on that occasion or pretext (…), if such requests are directed to crimes with the same confessor.”
Zornoza has continued to have contact with minors over the past four months since the Vatican ordered an investigation into the case. The last meeting took place in July this year in the Salesian Gadite sanctuary, where the prelate identified 18 young people. Photos on social networks such as Instagram show the bishop surrounded by children, administering the sacrament in front of them. The defendant also posted images of religious meetings and celebrations with young people on his X profile (formerly Twitter).
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