The Excommunication as a Civil Heretic
By: Miguel Guerra Le?n
""There are some people around that say that excommunication is easy to achieve"
"There are some powerful people that see the matter with an irrelevant character"
Apostasy & Schism:
"Heresy is called the obstinate negation, following baptism, of a truth to be believed with divine faith and catholic, or the obstinate of itself; apostasy, is the total refusal of the Christian faith ; schism, the rejection of the supreme pontiff or the communion with the members of the church submitted to him" (1)
----------- o -----------
The application for legal excommunication is currently unique in it's case, legal excommunication doesn't require the Ecclesiastic Tribunal and deceptive certificate (of excommunication) whose value doesn't mean a thing to the value of the ecclesiastic fabric , that is; of what value is a certificate promulgated by a faith that one does not accept? Furthermore, such a certificate does not exonerate one from being on the archbishops' registrars, a certificate which I have had the opportunity to know and read. The goal (with the excommunication) is that the Judicial Powers issues a resolution which forces the Catholic Church to remove my details from the archiepiscopal registry, the request is sheltered in the Political Constitution of Peru (2), the Magna Carta (3) and other international laws. It is not the same to secure a resolution form one of the Powers of State than to receive an elaborate Certificate for that which we deny, returning to an incoherent act with ones owns works and thoughts.
Legal excommunication has been based on the Habeas Data recourse, which its function is to rectify or delete false information which has affected people. As proof, we quote Article 61, Process of Habeas:
"To know, carry out, include and suppress or rectify information or data referring to a person whose information is stored or registered in manual form, mechanical or computerised, archived, data banks or registrars in public domain or in private institutions which provide service or access to third parties. Likewise, to suppress or prevent the distribution of personal and sensitive information of a character or of private nature which affect constitutional rights". (4)
Strengthened argument under International norms:
? Article 18 of the Universal Declaration of Human Rights
? Article 3 of the American Declaration
? Article 18, clauses 1, 2, 3 & 4 and Article 27 of the International Pact of Civil and Political Rights
? Article 12, clauses 1, 2, 3 & 4 of the American Convention on Human Rights
The church within the state is considered and institution, it should therefore abide by the laws remembering that the "Peruvian Republic is democratic, socially independent and sovereign" (5), by which all institutions or persons established within its territories must abide by its jurisdiction. Furthermore, all cases are supported by the Decreed Law No: 23211 dated 24th July 1980 which establishes the institutionalisation between the church and the state, Article II: "The Catholic Church in Peru enjoys judicial personification of public character... "
Aside from the perks, it receives wages from public employees by way of the State, such as can be read in the Supreme Act No: 146-91-EF which establishes the remuneration of the ecclesiastic and civil personnel of the Catholic Church (6), and further when we see how the Supreme Resolution No: 0011-99-JUS grants a Ministry of the State wage to the engineer (Cardinal) Juan Luis Cipriani Thorme (7).
On the Battlefield
It is logical whilst illogical, that a (judicial) transaction of such magnitude would raise the scream sky high of the ecclesiastical hierarchy and of many judges for beliefs and external influences which obstruct a valid transaction but controversial.
During the Seventeen months of judgement there were mishaps presented which I have defended by vocally denouncing before the President of Judicial Power, Hugo Sivina Hurtado, where himself directed a complaint to the Magistrates Control Office (OCMA) for their respective investigations.
The demand is directed at the Primate of the Catholic Church of Peru, Cardinal Juan Luis Cipriani Thorme, him being the only one in charge of overseeing this matter, such as shown in the Canon 393 of the CIC stating that: "The diocesan Bishop represents the diocese in all of its judicial dealings of the same" (8), and where it also states in Canon 383.1, CIC establishes that: "In carrying out his pastoral function, the diocesan Bishop must show himself to be diligent with all it's faithful whom in him they trust (... ), likewise with those whom have isolated themselves form practicing the religion" (9).
One of the apexes of the Catholic Church has been that the President of the ecclesiastic organism, Monsignor Luis A. Bambar?n Gastelumendi came out before the national press to voice his disapproval; "let's not dwell on this matter, let's not make a storm in a tea cup, the right time will come to talk". The high representatives of the Catholic Church know and recognise within their four walls the depths of the case (the legal excommunication) and the international magnitude it has turned into.
Returning to the excommunication in an act of civil heresy would be a legitimate constant medium which would harm the statistical base of the Catholic Church, a function which would serve explicitly to promote an "Confessional State" where the church dances with it's own handkerchief, where the institution would stop receiving money from the State, would pay taxes and previous councils for their parishes, colleges universities and land.
From every legal angle (as explained), it is granted every legitimate freedom of thought and of conscience which I give credit (personally) based on three fundamental reasons expressed in my prior interviews and conferences:
"The first is because I prefer to take no part, even indirectly in the church and it's database, secondly because I don't consider it justice nor coherent that it acts against my constitutional rights as a person by forcing me to belong to a dogma and institution which I neither support nor respect and lastly for ethical reasons, I cannot belong to a faith which fills it's mouth talking of love and unity whilst it (this faith) is the one which has caused the most harm and division for humanity, and to quote just some examples: children violated by parishioners, ideological persecutions, holy wars, occult liaisons with abusive governments, the degradation of the female, the double standard and the inexistence of loyalty with it's vow of poverty, chastity and humility, and the intolerance towards birth control, etcetera" (10).
The Legal Excommunication is seen as a transgressive and new case in its essence raising many opinions by judges and specialists who many times interject with their beliefs, for instance the judge Juez Mercedes Manzanares in a heated discussion said to me: "Yes, I am a practicing Apostolic Roman Catholic and your case has no name", it is obvious that the scales are not tipped in my favour, this will not however be a pretext to desist the process until I either win or exhaust all possibilities.
The process has taken an important turn in requesting a "sentence of demand" by abandoning the case, in other words the church didn't respond to the Judicial Power notification within the required time (five days). The Judicial Power attempting against the laws, except the written reply by the church overdue by 20 days, which concluded in an appeal requesting sentence as specified in the Law No: 28237, Article 53: "Motioned; In the resolution which admits demand, the judge shall concede the demand of the five days time limit, for a reply within five days of the demand, or failing to reply by the due date, the judge shall pass sentence (... )". In spite of the hassles, the appeal was conceded and raised, now we only await what will result the sentence will produce.
The 'immediate' and the 'transcendent'
It is understandable that in a globalized world where the 'immediate' mentality dominates, the vexatious processes are somewhat tumultuous and unexplored. Still, who said this transaction would be quick and easy? If we analyse, we will conclude that this case is the same as that of the French Revolution, equal employment opportunity and philosophical ideologies encompass a non-immediate process. I invite those interested to take part in this battleground and not as passive bystanders standing and watching from miles away. Taking my stand and titled as a recognised thinker - by philosophers, writers, musicians, artists, lecturers - I have my obligations (personal) in my interviews, conferences, articles and works in general to question my own thoughts all that conceptual junk which is on offer by religious people and politicians of my time. Perhaps my works is ahead of its time, but never will the established time ever be ahead or interfere with my thinking.
? The Official Web of Legal Excommunication: http://www.excomunion.tk
? Political Institution of Peru
? Code of Canonical Rights
? Universal Declaration of Human Rights
? International Pact of Civil and Political Rights
? American Convention of Human Rights
? Interview with L' Altra Voce de Italia http://www.infow.net/commonfiles/ej-blog_home.cfm?Id=82
1 Canon 751 of Codex Iuris Canonici.
2 Article 2?, clause 5? of the Political Constitution of Peru
3 Article 200?, clause 3?, of the Magna Carta
4 Law N? 28237, Constitutional Processional Code
5 Article 43?, Political Constitution of Peru
6 "El Peruano" page 98095, 3rd July, 1991
7 "El Peruano" page 169336, 30th January, 1999
8 Canon 393, Code of Canonical Rights CIC.
9 Canon 383.1 Code of Canonical Rights CIC
10 Interview with L' Altra Voce de Italia, dated 21-04-2005
By: Miguel Guerra Le?n
Web Site Oficial:
El Valle de la Nada (www.elvalle.tk)