Lawyers Rely on Hazy Concept of “Undue Influence”

International human rights expert claims Japanese leftwing lawyers and government have built their entire case against religious minority on hazy concept of “undue influence”, a notion they would not use against any other religion 

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 comments on third article of Bitter Winter’s 5-part series 

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

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

Text: Knut Holdhus 

Soliciting donations

Religious freedom encompasses the right not only to practice one’s beliefs but also to create and sustain religious institutions. This includes the right to solicit donations, a fundamental element for many religious organizations.

The 1981 Declaration of the UN General Assembly explicitly recognizes this in Article 6(b), which guarantees the freedom “to establish and maintain appropriate charitable or humanitarian institutions,” and Article 6(f), which affirms the freedom “to solicit and receive voluntary financial and other contributions from individuals and institutions.” These principles confirm the legitimacy of religious groups, such as the Unification Church, in seeking donations, provided such contributions are obtained without coercion or violence

In the case of the Unification Church’s fundraising practices and the sale of religious items, an in-depth analysis has been provided by Massimo Introvigne, a noted sociologist of religion and former OSCE representative responsible for addressing issues of racism, xenophobia, and religious discrimination. Introvigne’s analysis was published 3^rd September 2022 on Bitter Winter and titled “The Abe Assassination. Donations to the Unification Church: Separating Facts from Fiction”

His article discusses the aftermath of former Japanese Prime Minister Shinzo Abe’s assassination and its connection to the Unification Church. The assassin, Tetsuya Yamagami (山上徹也), blamed Abe’s ties to the church for his mother’s financial ruin due to her large donations. The terrorist’s claims were echoed widely by the media. This led to widespread anti-Unification Church sentiments and accusations of undue influence in Japan.

Introvigne highlights that the media and political forces in Japan unjustly targeted the Unification Church, framing it as responsible for Abe’s assassination, despite the church being a victim of the killer’s actions.

The Italian academic further critiques how public opinion, fueled by misinformation, escalated into mob-like hostility, with numerous hate incidents and threats directed at the church. The article argues that the legal and social response against the church founded in South Korea, especially the current dissolution case against it based on claims from civil cases, undermines religious freedom in Japan.

In her article Patricia Duval also refers to an article written by Japanese investigative journalist and author Masumi Fukuda (福田ますみ) in Bitter Winter 29^th January 2024 headlined “Dissolve the Anti-Cult Lawyer Group, Not the Unification Church. 2. Myth and Reality of the ‘Spiritual Sales’”

Fukuda argues that the true anti-social group in Japan is not the Unification Church but a network of activist leftwing lawyers campaigning against new religious movements. Fukuda claims that the group orchestrated a decades-long campaign against the Unification Church, falsely framing it as responsible for “spiritual sales” (high-pressure sales of religious artifacts). She asserts that the Unification Church was not involved in such practices and that these accusations had political motivations, as the church‘s conservative, anti-communist stance clashed with the leftist ideologies of many lawyers in the network.

Fukuda also sheds light on the disturbing practice of faith-breaking – abductions and forced de-conversions of church members – which was linked to the lawyers’ activities. She suggests that the narrative of victimhood pushed by these lawyers was a cover for financial gain and political agendas rather than genuine consumer rights concerns.

Duval points out that “in the absence of any element of violence” or criminal activities, still legal challenges against the Unification Church have emerged in Japan, spearheaded by the above-mentioned group of hostile leftwing lawyers. These lawyers have introduced the concept of “undue influence” to suggest that donations were obtained by compromising the donors’ free will. This concept has been embraced by Japanese courts, which have ruled that contributions to the Unification Church were coerced, not through overt violence, but through a subtle infringement on individual autonomy.

This notion of undue influence, however, appears selectively applied to the Unification Church. It implies that the church’s influence over its followers is “undue” and, therefore, unacceptable, in a way that would not be applied to other religious organizations.

Masumi Fukuda, in her correspondence with the Japanese Ministry of Education, Culture, Sports, Science and Technology (MEXT) in December 2022, highlighted this legal inconsistency. She cited a statement from Attorney Yoshiro Ito (伊藤芳朗), a member of the anti-Unification Church lawyers’ network, who remarked that Japanese courts tend to accept claims against the church that would be dismissed if made against other groups. Ito noted an “unwritten rule” in civil lawsuits where the involvement of a so-called “cult” often results in an automatic loss for that group, regardless of the merits of the case.

Given this context, the Japanese government’s recent request to dissolve the Unification Church, which is largely based on these contested civil cases and an ambiguous interpretation of the legal principle of “public welfare”, raises concerns about the country’s adherence to international treaties. These actions appear to violate Japan’s commitments to protecting religious freedom as outlined in its international obligations.

The use of biased legal frameworks to target the Unification Church and justify its dissolution sets a dangerous precedent for how religious organizations are treated under the law, particularly in cases where allegations are based on subjective judgments about influence rather than concrete evidence of wrongdoing.

In conclusion, Duval describes the government’s move to dissolve the Unification Church – since 2015 called the Family Federation in Japan. The administration’s case is rooted in allegations of undue influence and vague legal standards. The case represents a troubling breach of Japan’s commitments to uphold the principles of religious freedom. The selective application of legal concepts such as undue influence to one particular religious organization undermines the fairness and impartiality expected in a democratic legal system and could result in significant repercussions for the broader religious landscape in Japan.

See part 1, part 2 

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

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

Text: Knut Holdhus

Featured image above: Faithful believer offering donation. Illustration by Microsoft Designer Image Creator 14th July 2024.

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