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Cardinal Joachim Meisner, who died in 2017, at his farewell in Cologne Cathedral (2014)
Photo: Oliver Berg / picture alliance / dpa
SPIEGEL
: Mr. Katsch, the long-awaited second abuse report from the Archdiocese of Cologne is available.
Who was the boss when it came to covering up abuse?
Katsch
: At first glance, the tall, dark godfather figure in the background is Cardinal Joachim Meisner.
Under him, a system has solidified in Cologne, which included Auxiliary Bishop Dominik Schwaderlapp, today's Archbishop of Hamburg Stefan Heße and Cardinal Rainer Maria Woelki.
They all contributed to the fact that it took the public eleven years to learn that there were not a few suspected sex offenders in their ranks, as claimed in 2010, but more than 200.
SPIEGEL
: Cardinal Meisner is charged with a third of all breaches of duty that have now been discovered.
Katsch
: Meisner has filed his secret files with clerical misconduct under "Brothers in the Fog".
This formulation alone speaks volumes about the self-image of church superiors in Cologne.
They were not concerned with punishing the guilty and preventing further attacks.
It was about helping brothers who had lost their way out of the fog.
Meisner raised his successors in this spirit and passed this criminal behavior on to the next generation.
SPIEGEL:
How should you deal with this knowledge?
Katsch
: The Cologne report is not actually an investigation into abuse, but an evaluation of the files that the archdiocese made available to the lawyers as a selection.
The above-mentioned 75 violations by church leaders now need further investigation to find out what Meisner and his men's club really knew.
SPIEGEL
: Cardinal Woelki was granted absolution, as it were - no breach of duty could be proven.
Is it exculpated from the point of view of those affected?
Katsch
: I don't understand that Cardinal Woelki is being acquitted here in full swing.
According to canon lawyers, there has been an obligation to report abuses since 2002; the bishops should always inform the Congregation for the Doctrine of the Faith in Rome.
This requirement was systematically violated in Cologne, including during the tenure of Cardinal Woelki.
SPIEGEL
: Should he offer to resign?
Katsch
: Yes.
In addition to the questions of criminal and canonical law, there is also the moral aspect.
Does Cardinal Woelki really believe that, after everything that has now become known, he can still lead and shape the upcoming work-up in his archdiocese?
I do not believe that.
Five out of nine members of the Cologne Victims Council have already left voluntarily because they no longer trust it.
SPIEGEL
: Immediately after the report was presented, Woelki temporarily released his auxiliary bishop Dominikus Schwaderlapp and the head of the archbishop's court, official Günter Assenmacher, from their duties.
Are these pawn sacrifices to calm the public down?
Katsch
: Not exactly, because it has been proven that you have committed breaches of duty.
But it is still uncertain whether the Pope will accept her resignation at all.
The hierarchy principle applies in all cells of the Church.
The bishops are little monarchs who decide everything, but as soon as they are supposed to take responsibility, they go underground.
As is known, the fish starts to stink on the head.
SPIEGEL
: The Hamburg Archbishop Heße to have committed at least eleven breaches of duty in his time at Cologne, he did not report suspected cases and insufficiently understood.
Katsch
: According to the report, he is not accused of a lack of victim care.
But I know of three cases in which he is said to have acted indifferently and dismissively towards those affected.
The fact that he is also accused of eleven breaches of duty means that under no circumstances may he lead the abuse process planned with the dioceses of Hildesheim and Osnabrück.
That would put a strain on the process right from the start.
After all, after the report was published, he offered the Pope his resignation.
It will be interesting to see how Rome reacts.
SPIEGEL
: Attorney Björn Gercke, who prepared the report for the Archdiocese of Cologne, speaks of a "not systematic, but systemic cover-up."
Isn't this distinction belittling because it excludes premeditation?
Katsch
: Yes, it is.
Gercke tries to excuse those responsible.
They supposedly didn't know any better, were poorly informed, and had chaotic filing.
He cites extenuating circumstances.
But that is not allowed.
Either he certifies that they are incapable of office - then they should resign because of that.
Or he tries to hide the plan or the criminal energy behind it.
SPIEGEL
: Why was the people in the diocese and nationwide so outraged that Cardinal Woelki kept the first report from Munich under lock and key?
In the Berlin abuse report from January, almost 440 of more than 660 pages were not published at all - nevertheless, the protest was cautious.
Katsch
: In Cologne, church leaders commissioned an expert opinion who were themselves suspected of covering up abuse.
That's why the excitement was so great.
In the Archdiocese of Berlin, there were only cases that did not concern Archbishop Heiner Koch because they had been behind a long time.
These cases show that we urgently need a higher authority, such as a parliamentary truth commission, which keeps an eye on the processing process in 27 dioceses and hundreds of religious orders and the Protestant Church.
SPIEGEL
: And, at best, also monitored.
Katsch
: Sure.
For that you need staff and political will.
SPIEGEL
: But the church has no interest in introducing more transparency into administrative processes.
How can you force that?
Katsch
: You have to set clear conditions.
This is a good time to say to the church: Your sloppy coming to terms with it has made many people victims.
If you don't implement structural reforms, the state will cut your financial resources.
SPIEGEL
: What influence will the Cologne report have on the coming reports of abuse in the church?
Katsch
: We should realize that a legal opinion cannot be independent.
The lawyer acts on behalf of his client, he represents his rights, and he usually does what the client asks him to do.
He is partisan.
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