Dissolution Case: Wild Claims, Illegal Actions

Kishida administration has built its case against religious minority on wild claims and illegal activities by leftwing activist lawyers hostile to the faith

Patricia Duval, French attorney specialised in international human rights law, sent on 22^nd September 2024, a 29-page report titled “Japan: A Witch Hunt to Eradicate the Unification Church” to several UN offices. Bitter Winter, the leading international magazine on religious freedom and human rights published 3 days later, on 25^th September, an executive summary of the report. The day after, the magazine started publishing a 5-part series where Duval gives a more detailed description of the content.

Part 3 of comment on first article of Bitter Winter’s 5-part series 

See part 1, part 2.

See part 1 and part 2 of comments on second article of Bitter Winter’s 5-part series

See part 1, part 2, part 3 of comments on third article of Bitter Winter’s 5-part series 

See part 1, part 2 of comments on fourth article of Bitter Winter’s 5-part series

See part 1, part 2, part 3 of comments on fifth article of Bitter Winter’s 5-part series

Patricia Duval shows that the Kishida administration has no criminal cases with which to justify dissolving the Family Federation (formerly the Unification Church). They rely mainly on so-called tort cases – alleged civil wrongs that may have caused harm.

In one such civil case cited by the government, three members who became claimants were kidnapped and forcibly detained by their families and put through a faith-breaking process by two Christian pastors. These pastors aimed to convince the claimants that true Christianity differed from the teachings of the Unification Church (Kobe District Court, decision of 10^th April 2001, case #9). While the Kobe District Court initially dismissed the case, the Osaka High Court reversed the decision on 21^st May 2003, awarding damages to the claimants.

In this case, as in most other such cases, the claimants had sought damages for “fraudulent and brainwashing evangelism” by the Unification Church. Through the faith-breaking carried out by the pastors while the claimants were held in captivity, they were coerced to renounce their faith and leave the church.

One of the faith-breakers was pastor Mamoru Takazawa (高澤守). He was cross-examined during the hearings and made several key admissions. When asked if he was aware that the Unification Church had criticized his activities as abduction and forcible detention, he confirmed his awareness but justified his actions, claiming that, since the families were involved, it should be considered a form of “protection” rather than illegal behavior (Kobe District Court, Minutes of Court hearing, 26^th March 1996, p. 81).

Pastor Takazawa also admitted to using physical restraint as part of the faith-breaking process, stating that he had been doing so for around ten years. He explained that this was not an isolated action but part of a broader, unified practice among pastors conducting “rescue activities” throughout Japan (Kobe District Court, Minutes of Court hearing, 21^st May 1996, p. 25).

Furthermore, he acknowledged that such practices were typically illegal but defended his continued involvement by arguing that once someone firmly embraced the teachings of the Unification Church, it was, in his opinion, impossible for them to leave naturally without external intervention (Kobe District Court, Minutes of Court hearing, 26^th March 1996, pp. 81-82).

The purpose of the faith-breaking, as described in court, was to break the firm beliefs held by the followers of the Unification Church. This method became widespread and was endorsed by a network of lawyers who advised families to engage in what they called “protective” measures against members of the Unification Church. Central to their legal strategy was the claim of “undue influence” or “brainwashing evangelism”, which formed the foundation of the tort claims against the church.

A major issue with this approach is that the lawyers advising families and promoting faith-breaking participated in activities that appear to violate international human rights law. Nevertheless, they have continued to advocate for these practices, and over the years, they have managed to secure several court rulings in Japan that supported their claims. These rulings, in turn, were used to bolster the Kishida administration’s request for a court order to dissolve the Family Federation, as the Unification Church now is called.

Japanese courts have accepted the theory that alleges “undue influence” from the Unification Church. This has led to judgments ordering the return of donations made by former followers.

This was the case even after the courts had heard testimonies from faith-breakers about the claimants’ strong commitment to the beliefs of the Unification Church when making those donations. Based on such claims of “undue influence”, the courts have declared the activities of the Unification Church “illegal”, and these rulings now form an essential part of the government’s case for dissolving the Family Federation.

See part 1, part 2.

See part 1 and part 2 of comments on second article of Bitter Winter’s 5-part series

See part 1, part 2, part 3 of comments on third article of Bitter Winter’s 5-part series 

See part 1, part 2 of comments on fourth article of Bitter Winter’s 5-part series

See part 1, part 2, part 3 of comments on fifth article of Bitter Winter’s 5-part series

Text: Knut Holdhus

Featured image above: Abduction of young believer. Illustration: Microsoft Designer Image Creator, 10th August 2024.

More about wild claims and illegal actions: Harsh Reality of 4300 Forcibly Deprogrammed

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More about wild claims and illegal actions: Sinister Plot of Hostile Lawyers Exposed

And more, related to wild claims and illegal actions: State and Media Creating “Today’s Non-Citizens”

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And still more, related to wild claims and illegal actions: 12 Religious Freedom NGOs Denouncing Japan

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