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ESCHE advises Aachen diocese on the disclosure of perpetrators' names

Aachen is the first diocese in Germany to publish the names of 53 convicted and suspected perpetrators of abuse, thereby breaking new legal ground.

The diocese was advised by Dr Oliver Stegmann in drawing up the criteria for publishing the names. The criteria stipulate that the names of persons who have been deceased for more than ten years are to be published. Offenders are defined as persons who have been convicted of sexual offences in state or church criminal proceedings. To be named as an alleged perpetrator, there must be at least one application for recognition of suffering that has been approved by the Independent Commission for Recognition Services (UKA).

"The church must of course also respect the personal rights of perpetrators and accused persons," emphasises Stegmann, an expert in press law and the right to make statements. "Convicted offenders are also entitled to protection of their personal rights. This includes, in particular, the interest in resocialisation."

Weighing up the group of alleged offenders was particularly tricky. The interest of the public and those affected in clarification and information speaks in favour of publishing their names. The diocese considered this interest to be high, among other things, because cases of abuse were covered up for years.