Supremo Tribunale della Segnatura Apostolica

Supremo Tribunale della Segnatura Apostolica

RES: LIBELUS LITIS

Thereby, I, ________---, am turning to the Apostolic Signature because I feel wronged by the decrees of the General Superior Basil Kovbyč, OSBM. The question is namely the first and the second canonical reproof. I committed none of the trespasses for which I am punished.

I ask that I should be found unguilty by court and that my punishment be annulled in accordance with CCEO can. 935 and can. 1452. I suppose that the decrees are ineffective because the CCEO can. 1486 §1 has been broken:

Can. 1486 §1 (1) – no evidence has been given

(2) – there was no verbal confrontation before the infliction of the punishment

(3) – none of the CCEO canons which we offended against, was quoted

We are turning to You with a request to have our case inquired. Neither our Generalate nor the Congregation for Oriental Churches shoved interest in our claim to an inquiry. There are eight of us:

ThDr Fr. Eliáš A. Dohnal, OSBM

ThDr Fr. Metoděj R. Špiřík, OSBM

Ing. ThLic Fr. Cyril J. Špiřík, OSBM

ThLic Fr. Markian V. Hiťuk, OSBM

Fr. Samuel R. Oberhauser, OSBM

br. Cyril Žuk, OSBM

br. Dmytro Karpa, OSBM

who on 4^th July 2004 sent an application to our superiors at the General Assembly asking them to permit us a transition and an establishment of a monastery sui iuris that would be subordinate to a bishop. The reply was a punishment – our Delegature in Czech Republic dissolved, in Ukraine two brothers with temporary vows immediately excluded from the Order, and a process initiated against us aiming to disgrace us with lies by use of psychological methods (as seen in the “Results of the Canonical Visitation in Pidhirci“), and to exclude us from OSBM.

We received decrees from our General Superior, dated to 6^th November 2004, in which we have been imputed mendacious accusations and for which Fr. Samuel has been excluded from the Order. Fr. ThLic R. Šelepko got already a third canonical reproof as well as a punishment of taking off monk´s habit – which is a non-canonical procedure of punishing (c.f. CCEO can. 500 §4). Frs. ThDr E. A. Dohnal, ThDr M. R. Špiřík and ThLic M. V. Hiťuk got within a short time even a second canonical reproof – what then remains is only to get the third one, which subsequently means exclusion from the Order! The question in this decree № …….. --- is:

1. 
   An abuse of authority (can. 935 CCEO): a false claim has been given an affidavit by an authority
   
2. 
   Intentionally distorted facts (c.f. testimonies by people): there was noone given offence by us or incited against superior
   
3. 
   A great moral harm: after we are excluded from the Order, then wherever we are, those distorted facts and the abuse of authority will cause to us a great moral harm
   
4. 
   There was always only one side acting, there was no interest in an objective inquiry. (Bishop Michael Koltun invited both us and the Provincial Superior to Žovkva; however, the Superior first promised and then refused.) The Congregation for Oriental Churches did not reply to our recourse and request for an inquiry.
   

In Christ,

Yours Faithfully

Fr. ThDr Eliáš A. Dohnal, OSBM

Fr. ThLic Roman V. Šelepko, OSBM

Fr. Samuel R. Oberhauser, OSBM

Full address:
Монастир ЧСВВ

С. Підгірці

Бродівський р-н

Львівська обл.

1. 
   Canonical reproof by the General Superior, OSBM
   
2. 
   Recourse to the Holy Father
   
3. 
   Copy of the reply to the second canonical reproof
   
4. 
   Letter to the General Superior, OSBM, dated to 19^th August 2004, for which I am punished
   
5. 
   Testimonies by witnesses:
   

A) of events from

1. 
   1^st August 2004
   
2. 
   9^th October 2004
   

2. 
   of our blackening