Ordo Iuris defends rev. prof. Dariusz Oko convicted in Germany for publishing a scientific article

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● Rev. prof. Dariusz Oko was sentenced with an injunction to a fine of EUR 4,800 for ‘inciting hatred’ as part of an article published in Thelogisches, a scientific journal.

● Also convicted is the editor-in-chief of Thelogisches.

● The article discussed the phenomenon of an intra-ecclesial organised crime group linked by homosexual practices, acting to the detriment of minors and using clerics dependent on it.

● The article demonstrated, among others, the mechanisms that elevated cardinal Theodor McCarrick, now deprived of ecclesial titles, to the highest office and emphasised the convergence of the opinion of Pope Francis, Benedict XVI and Church leaders on this topic.

● Legal basis of the conviction, Art. 130 of the German Criminal Code, raises doubts.

● In a similar case, prof. Kutschera, a German biologist from the University of Kassel, who had been prosecuted for raising the issue of the risk of sexual abuse of children in same-sex relationships, was acquitted.

● The Ordo Iuris Institute assumed the defence of convicted rev. prof. Dariusz Oko and started a petition entitled “BronmyKsiedzaOko.pl”.

By order of the court in Cologne, rev. prof. Dariusz Oko was sentenced to a fine of EUR 4,800 for ‘inciting hatred’ as part of an article published in Thelogisches, a scientific journal, describing the phenomenon of an intra-ecclesial organised criminal group acting to the detriment of minors and using clerics dependent on it. The group was linked by homosexual practices and mutual support of its members. Also convicted is a German theologian, rev. prof. Johannes Stöhr, aged 90, editor-in-chief of Thelogisches.

The text, provided with a detailed bibliography, is the author’s opinion on an important factor in the growing crisis of the contemporary Church. Rev. prof. Dariusz Oko and the editor-in-chief of the Thelogisches journal, which has been published for over 50 years, decided in this way to initiate an academic discussion on a topic so far overlooked in the German synodal way. The text covers, but is not limited to, an analysis of the mechanisms that elevated cardinal Theodor McCarrick, now deprived of ecclesial titles, to the highest office, and whose paedophile acts and sexual abuse of clerics have been confirmed by a recent Vatican report.

The first paragraphs of the article cite the words of Pope Francis, who in an interview in 2018 said, “I had a bishop here, who told me with umbrage that at some point he realised that in his diocese – a large diocese – there were many homosexual priests”. The authors of the article combined those words with the confession of cardinal Maradiaga, who when asked, “Is there a

gay association in the Vatican?”, said definitely, “not only that, but the Holy Father said himself that such a ‘lobby’ in this meaning does exist. The Holy Father is slowly trying to clean this situation”. Finally, the diagnosis made by rev. prof. Oko in Thelogisches was completely consistent, also in terms of the sharpness of the language, with the words of Benedict XVI, who in his 2019 article “The Church and the scandal of sexual abuse” shared the opinion that after the Second Vatican Council “homosexual cliques arose in various seminars, which operated less or more openly and significantly changed the atmosphere in the seminars”.

The premise of attributing the act of ‘inciting hatred’ to rev. prof. Oko and rev. prof. Stöhr are excerpts of the article, taken out of context, in which an organised criminal group harming its victims and harming the entire Church is compared to a parasite harming its host. The report submitted to law enforcement agencies explicitly stated that the publication was supposed to be an act of hate speech against people practising homosexuality. In response to such accusation, rev. prof. Dariusz Oko answers with the following questions: “Is the criticism of the criminal activity of the Sicilian mafia an incitement to hatred against all Sicilians? So how can an academic reflection on the challenge of a criminal network connected with homosexual practices in the Church be an incitement to hatred against all homosexuals?”

However, the case of the conviction of rev. Oko has risen legal doubts. “We have serious reservations about the legal basis of the prosecution of the reverend professors. The Art. 130 of the German Criminal Code prohibits hate speech against a range of groups, none of which was mentioned in the article of rev. prof. Oko. Thus, it comes as no surprise that the rendered sentence does not make any mention against whom rev. prof. Oko would ‘incite hatred’. In addition, we are dealing here with a scientific article, so we operate in the area of academic freedom, freedom of conscience, freedom of speech and criticism, the protection of which under the German constitution and the international system of human rights prevents the conviction of the author and editor-in-chief of a scientific journal”, Jerzy Kwaśniewski, attorney at law, President of Ordo Iuris, commented on the case.

Last autumn, an Evangelical pastor from Bremen, Olaf Latzel, was sentenced for ‘inciting hatred’ to a fine of EUR 8,100 after severely criticising the ‘Equality Parade’ during his parish’s premarital teachings. The priest has entered an appeal and is waiting for a final court decision. Several weeks ago, the Regional court in Kassel acquitted prof. Kutschera, a biologist from the local university, who found himself in the dock following an interview from 2017. The scientist criticised the topic of homosexuality and drew attention to the risk of sexual abuse of children in same-sex relationships. The prosecutor demanded a deferred sentence of four months’ imprisonment and a fine of EUR 9,000 for prof. Kutschera. The court acquitted the scientist, pointing out that although his views may be controversial, they are an expression of his world view and are protected by freedom of speech. The judgement in this case is not final, but it points to the fact that the application of Art. 130 of the German Criminal Code is being challenged on matters more explicit than the publication of a scientific article.

On social media, the submission of a report regarding the publication of rev. prof. Oko was announced by rev. Wolfgang Rothe, an advocate of blessing of homosexual couples in the

Church, and a promoter of bringing the demands of LGBT activists closer with the position of the German Church hierarchy within the German synodal way. Several years ago, the same priest, working as vice-rector of the seminary in St. Pölten, was part of a moral scandal involving seminarians and the institution’s management. Due to the fact that the deeds attributed to him concerned adult seminarians and did not fulfil the criteria of an offence, after resigning from his function, he moved to a parish in Munich.

The two accused reverend professors only received help through Ordo Iuris, which provided them with the support of its legal team cooperating with German defenders. Along with the defence in criminal proceedings, Ordo Iuris launched a petition to the Cologne Court and German Chancellor Angela Merkel for the protection of academic freedom, freedom of speech and freedom of conscience. The petition can be signed on the website: “BronmyKsiedzaOko.pl”.