By Frank Walker
Pewsitter.com
July 6, 2009 - A timeline has emerged which gives a detailed account of what is now known as the "Recife Affair." It was included in a memorandum delivered to the Roman Curia in June. The report re-traces the acts of now retired Archbishop, Jose Cardoso Sobrinho, in March 2009 when he tried to forestall an abortion on a nine-year-old girl who was four months pregnant with twins. The little girl had been raped by her stepfather and the abortion was already scheduled when Cardoso learned of the situation. In this document, Marcio Miranda, the attorney who worked closely with the archbishop, presents a clear picture of a man who is a loving pastor and did everything possible to prevent a tragedy.
When Cardoso learned about the girl he immediately began working through proper channels at the hospital and state agencies. He met with the child's father who was also trying to halt the abortion process. The hospital superintendant and other physicians certified that with close monitoring the girl could safely carry the twins to term. Legal and psychological experts were consulted.
We see in the Miranda Report that Cardoso then began working with the court to determine if it had received the proper request for an abortion. But, while he was pressing these legal avenues, he didn't know that state officials had arrived at the hospital. Along with some members of a feminist group, Curumim, they were able to convince the mother to place the child in their care. She was then removed to an undisclosed location and the twins were aborted.
The Archbishop was unable to learn anything more about the child even after contacting the governor's and vice governor's offices. Not knowing the status of the girl, he decided to make a final plea and summoned the press to help find and protect the young mother and her two children. With the small hope that the publicity and his appeal to conscience might force a change of heart, he reminded those involved that the Church applies an automatic excommunication for the sin of abortion.
A firestorm of outrage and contempt ensued, culminating in a discouraging public rebuke to Cardoso from the President of the Pontifical Academy for Life in Rome. This attack, published in the Vatican's unofficial paper, "L'Osservatore Romano," painted a blatantly false picture, claiming among other things that the mother's life was in danger. Most insidious however, was the office's assertion that those caring for the girl might have been justified in terminating the pregnancy.
"Because of her extremely young age and precarious health conditions, the life [of the girl] was in serious danger from her pregnancy. What should be done in these cases? It is a difficult decision for the doctor, and for the moral law itself. Decisions like these [...] have to be made every day [...] and the doctor's conscience is left alone to decide what is the best thing to do."
"We are on your side [the pregnant girl...] There are others who deserve excommunication and our forgiveness, not those who allowed you to live."
This article, contrary to Church teaching and penned from a high Vatican post, had the immediate worldwide effect of giving cover to those who would legitimize pro-choice Catholicism.
That is the essence of the events documented by Mr. Miranda below. They don't tell a story of rashness, cruelty, or poor pastoral care. Instead they reveal a faithful bishop who felt a keen responsibility for every soul in his diocese; for the children involved as well as the adults who victimized them.
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The Miranda Report
Action taken by the Archbishop of Olinda and Recife to prevent the Abortion of the twins carried by the young girl in Alagoinha (Pernambuco State - Brazil)
2 March 2009
1. Telephone call to lawyer of Archdiocese of Olinda and Recife
I had already learned through the press of the distressing case - which had occurred a few days previously in Alagoinha in the Diocese of Pesqueira - Pernambuco State - of a young girl of just nine years old who was expecting twins as a result of sexual abuse perpetrated by her mother's cohabiting partner, but was unaware of the details of the case, later explained to me by Antonio Donato, representative of the pro-life movement in the city of San Paolo.
At around 19.00 hrs on 2 March 2009, I received a telephone call from the latter at home. He had telephoned the Archbishop's residence and had been unable to speak to him, but had been given my number.
1.1. Pastoral diligence of the parish priest of Alagoinha in supporting the young girl
He gave me details of the events in Algoinha and also the pastoral diligence of Don Esdon Rodrigues, parish priest of Algoinha, in supporting the expectant mother and also the care provided by the Tutelary Council in that town.
1.2. The young girl is transferred to Recife for antenatal monitoring
It had already been reported to me that members of the local Tutelary Council in Algoinha had taken the expectant mother to the IMIP in the city of Recife for antenatal monitoring.
1.3. Surprise: at the IMIP they were informed that the child would undergo an abortion.
However, on arrival at the hospital, to their surprise, they were informed by the social worker that the child had been admitted in order to undergo an abortion.
1.4. Appeal to the Archdiocese of Olinda and Recife to do everything possible to prevent the abortion. The child's life is not at risk.
Mr. Donato urged the Archdiocese of Olinda and Recife to commit itself to save the lives of the two babies the mother was carrying, providing strict assurances that the life of the expectant mother was not at risk; on the contrary, according to Don Edson and members of the Algoinha Tutelary Council, the child was playing with other children in the IMIP and was not even required to stay in bed.
1.5. The child's biological father was against the abortion, but under pressure to change his mind.
I also learned that the (biological) father of the expectant mother was against the abortion of his grandchildren; however, alone and with little guidance, he was under pressure from the social worker at the IMIP to agree to the abortion. (This information was later confirmed by the expectant mother's father, who formally expressed his disagreement with the murder of his grandchildren).
2. According to Dr Lamartine Holanda Junior, the pregnancy could have continued successfully to term.
I immediately telephoned a medical friend, Dr Lamartine Holanda Junior, and told him what had happened. He assured me that it was possible, given adequate monitoring of the expectant mother, that the babies could be successfully delivered and the three children - mother and twins - would survive.
3 March 2009
3. The Archbishop, when informed of the risk of abortion, immediately began a race to save the lives of the twins.
3.1. Meeting with the IMIP Superintendent, Dr Antonio Figueira
3.1.2. Previous telephone call from the Archbishop to the IMIP Superintendent, who assured him he would order the suspension of any abortive procedure pending a personal conversation with the Archbishop.
The following day - 3 March 2009 - apprehensive, but encouraged by my medical friend, I visited the residence of the Archbishop, Mons. Jose Cardoso Sobrinho and, early in the morning, after celebrating Holy Mass, explained my mission to Mons. Cardoso: to save the lives of two innocent human beings. It was decided that the Archbishop and I would immediately go to the IMIP to try and do something to save the lives of the twins.
Mons. Cardoso therefore telephoned Dr Antonio Figueira, the IMIP superintendent, and stated firmly the Church's clear, resolute and irrevocable position and standpoint against procured abortion, because it constitutes the murder of innocents. And he urged the Superintendent to give us a hearing at his offices. However, the Superintendent insisted he wanted to come in person to talk to the Archbishop at his residence. Mons. Cardoso exclaimed: 'I am becoming aware that the abortion will go ahead, from 8.00 hrs onwards!'
The doctor gave an assurance that he would order the suspension of any abortive procedure until he was able to talk to Mons. Cardoso.
3.1.3. Personal meeting between the Archbishop and IMIP Superintendent - witnesses present.
At 10.00 hrs, the above-mentioned Superintendent of the IMIP, Dr Antonio Figueria, arrived at the residence of Mons. Cardoso, accompanied by an adviser and IMIP's lawyer. On our side, those present were Mons. Cardoso, myself, Dr Margarida Felix, a psychologist, Dr Sebastiao Barreto Campello, Chairman of the Archdiocese's Pro-Crianca [Child Protection] Movement and the Municipal Councillor, Josenildo Sinesio.
3.1.4. The Archbishop pleads for the abortion not to be carried out
Mons. Cardoso begins the meeting by explaining the Church's official position and, at the end, pleads for the abortion not be carried out.
3.1.5. The Superintendent states that the child's life was not at risk and the pregnancy could be carried to term.
The IMIP Superintendent assures us that no member of the medical team at the IMIP could certify or declare that the expectant mother's life was at risk at that time. On the contrary, he stated that the pregnancy could be carried to term, explaining that this was a pregnancy carrying an increased risk, but this did rule out a successful outcome. And he stressed the following: 'What we have is a high-risk pregnancy and there is no imminent risk to the young girl's life'.
3.1.6. Authorisation is requested for the Archdiocese's doctors and psychologists to have a meeting with the expectant mother and her mother.
A request was put to the IMIP Superintendent for authorisation for a team of psychologists and doctors from the Archdiocese to talk to the expectant mother and her mother. The reply was that a written petition would have to be submitted and - subject to the consent of the child's mother and the medical team handling the case - authorisation would be granted.
3.1.7. The IMIP's final position: the abortion would be carried out if legal authorisation, currently absent, could be obtained.
The position of the IMIP at the end of the meeting was that the abortion would be carried out if legal authorisation, which had not yet reached the hospital, could be obtained.
3.2. Audience of the Archbishop with the Presiding Judge of the Court of Justice of Pernambuco State to establish whether an application had been filed for authorisation to carry out an abortion on the young girl: no such application had been received. Witnesses present.
Not satisfied with the IMIP's position, we decided the most logical thing to do was to talk to the Presiding Judge of the Court of Justice of Pernambuco State to ascertain whether any petition had been received to carry out an abortion and take the appropriate measures. Although the Presiding Judge had many commitments, he received us promptly at around 1630 hrs, that is Mons. Cardoso, myself, the expectant mother's father, Dr Margarita Felix, a psychologist, the Municipal Councillor, Josenildo Sinesio, Don Edson Rodrigues, parish priest of Alagoinha, and two members of the Tutelary Council of that town. It was established that no application for authorisation to carry out the abortion had been received and the Archdiocese would be notified if such a request were received.
3.3. Telephone call from the IMIP Superintendent: officials from the Secretary of State for Health and members of a group known as 'Curumim' had taken the young girl to an undisclosed location.
At around 18.00 hrs - while we were still driving back to the Archbishop's residence - the IMIP Superintendent called Mons. Cardoso on his mobile to say: 'At around 17.30 hrs today, two officials from the Secretary of State for Health, accompanied by members of the Curumim Group, arrived; they asked to speak to the mother of the expectant mother and, at the end of that meeting, the mother asked the hospital to discharge her daughter. And this is what the hospital did'. We asked: 'What Group is this, Curumim?''. And the doctor answered: 'I don't know, it seems it's a feminist group'. He was also asked: 'And where have they taken her?' - 'I don't know, they must have taken her to another hospital!' replied the Superintendent.
3.4. 19.00 hrs to 21.00 hrs - Unsuccessful attempt to identify where the child had been taken
It was almost 19.00 hrs when we reached the Archbishop's residence. We were all terrified at what had happened. Mons. Cardoso explained: 'We must do something: we can't stand idly by! We have to find out where they've taken the girl!' A number of Mons. Cardoso's assistants attempted to pinpoint the expectant mother's location and prevent the murder of the babies. Attempts were made to make telephone contact with the Governor's residence, Vice-Governor's office, office of the Secretary for Social Defence and DPCA . However, we were unable to speak to any of these authorities. This meant that, until around 21.00 hrs, we had no information concerning the location of the expectant mother and her mother.
3.5. Appeal to the press and by the press: last resort to save the lives of the twins.
We then came up with the desperate idea that, if the press were to disclose the strange removal of the child from the IMIP to an undisclosed location, perhaps the Curumim Group or the doctors dealing with the case would realise what they were doing and heed the Church's appeal to refrain from carrying out the abortion. For us, that night, the press was the only option left to us to issue a final cry for help in favour of the babies who were about to be murdered.
Once we had contacted the local press (newspapers and television), teams of reporters showed up at the Archbishop's residence. He told them of the events which had occurred and quoted canon law, to the effect that persons performing or co-operating in an abortion would incur automatic excommunication (Canon 1398). It was almost midnight.
3.6. Preparation of a criminal prosecution to be filed with the Public Prosecutor.
Overnight, the undersigned lawyer began, at his home, to prepare a criminal prosecution for attempted murder, to be filed with the Public Prosecutor of that State the following day.
4 March 2009
4. Arrival of the news that the abortion had been carried out!
At around 10.00 hrs on 4 March, we were at the Metropolitan Curia in Olinda and Recife to consider the courses of action open to us through the Public Prosecutor of that State, at a meeting attended by Mons. Jose Cardoso Sobrinho, Mons. Edvaldo Bezerra da Silva, Mons. Moacyr da Costa Pinto, Mons. Romeu da Fonte (Vicar Generals) and Don Cicero Ferreira de Paula, Chancellor of the Metropolitan Curia, relying on the support of the Archbishop of Pesqueira, the diocese to which Algoinha belongs.
We were then informed by a journalist that the abortion had already been performed!
A profound silence followed. We didn't know what to say: we were and still are in mourning!
We could not have imagined - as we later came to know - that the child would be taken away and placed in the hands of doctors without scruples, who sneered at excommunication!
Conclusion
5. Injustice against Archbishop Mons. Jose Cardoso Sobrinho
We believed the press would report, faithfully, forcefully and in detail, the pastoral efforts of the parish priest and Tutelary Council in Alagoinha and the huge amount of work carried out by Mons. Jose Cardoso Sobrinho to prevent the abortion. Unfortunately, this did not happen. And, due to lack of information or misinformation, the Archbishop came to be falsely regarded, even by sections of the Catholic media, as guilty of a lack of pastoral care and inhumanity towards the child and her mother.
6. Urgent need for retraction
Given the facts presented above, it is necessary for the Archbishop's critics to reflect and acknowledge that their judgements have been hasty and ill-founded, redress the harm done and hence render justice to Mons. Jose Cardoso Sobrinho.
7. The greatness of soul of Archbishop Mons. Jose Cardoso Sobrinho
The Archbishop publicly affirmed that a great weight would lie on his conscience had he not taken the action which he had.
This is the conscience of a great Archbishop, seeking to live the Gospel promptly and with integrity, bearing witness to it in spite of the lack of understanding present in the world today.
Here the words of Our Lord Jesus Christ are appropriate:
'Blessed are you when people revile you and persecute you and utter all kinds of evil against you falsely on my account. Rejoice and be glad, for your reward is great in heaven!' (Mt 5, 11 et seq.)
Recife, 26 May 2009.
M. Miranda
Lawyer for the Archdiocese of Olinda and Recife
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