Lawyer reveals sinister plot involving authorities and legal system to get rid of Family Federation
Tokyo, 15th December 2023 – Published as an article in the Japanese newspaper Sekai Nippo. Republished with permission. Translated from Japanese. Original article
Questionable request for dissolution of the Family Federation
Part 2 of interview with international lawyer Tatsuki Nakayama (中山達樹)
No clear indication of “continuity” and the “3 requirements” that have disappeared into thin air
by the editorial department, interviewers: Takahide Ishii (石井孝秀) and Yoshiyuki Iwaki (岩城喜之)
– Regarding the three criteria of “organizational nature”, “malice”, and “continuity”, until now Attorney Nakayama has strongly asserted that the organization does not meet these criteria.
When you read the press release from the Ministry of Education, Culture, Sports, Science and Technology regarding the dissolution request, none of these three requirements are mentioned at all. There was no mention of “continuity” at all. There was no mention of the 2009 compliance declaration issued by the Family Federation either. The arguments of the two sides don’t mesh.
In October 2022, Prime Minister Fumio Kishida changed his interpretation of the law overnight and stated that “if there are three requirements, the Civil Code will be included.” However, at the time of requesting the dissolution order in October 2023, the “three requirements” had disappeared into thin air. Without even providing a clear indication that there had been “continuity”, the inclusion of Civil Code cases was justified based on a literal interpretation of the legislative process.
The government said a year ago that if there were three requirements, it would include Civil Code cases. However, what was done one year later does not match this. In other words, they pretended there should be three requirements, but included Civil Code cases anyway, without such requirements.
– Does this mean that the Ministry of Education, Culture, Sports, Science and Technology did not attach importance to Prime Minister Kishida’s answer to the Diet that if there were three requirements, the Civil Code would be included?
That’s right. Judges would immediately recognize this kind of inconsistency. Therefore, it is clear at a glance that this dissolution request is not based on logic or law, but on politics. In a sense, such a heavy-handed approach by the Ministry of Education, Culture, Sports, Science and Technology may work in favor of the religious organisation in court. On the other hand, the point stated so negatively – “a receptacle for the acquisition of property” – may make the judges think, “If it is described so badly, it must be a bad organization.”
It is extremely dangerous that the prejudice of anti-Unification Church factions, such as National Network of Lawyers Against Spiritual Sales (全国霊感商法対策弁護士連絡会 – Zenkoku Benren), can be conveyed to judges through the government. I am deeply concerned about it.
– Would the proposal presented by Tomihiro Tanaka, chairman of the Family Federation, at a press conference to deposit 6 to 10 billion yen with the government be effective?
If you genuinely consider it in terms of “helping victims”, it will be effective enough. To briefly explain the concept of deposits, let’s assume a debtor is unsure whether to pay money to creditor A or B. Even if it is uncertain, as long as there is a payment deadline, you can deposit the money with a trustee until that date. Even without such a system, providing money that does not run away, is a good way to provide “victim relief”.
Regarding the religious organisation’s proposal for a deposit, criticism that it is a “sign of not engaging in negotiations” is off the mark. National Network of Lawyers Against Spiritual Sales (Zenkoku Benren) claims damages of 100 billion yen and argues that “100 billion yen is not enough.” However, the actual evidence of harm is almost nonexistent. In reality they cannot go to court because they know they will likely lose if they do.
National Network of Lawyers Against Spiritual Sales (Zenkoku Benren) seems to only think about “getting rid of the Unification Church”. That comes across as their true intention, and you get the impression that there may be little consideration for helping “victims”. The network’s outright condemnation of the deposit suggestion, without being willing to consider it at all, is indicative of such a mindset.
The network of lawyers has never submitted any evidence of harm to the courts and shows no sign of willingness to discuss concrete relief methods, even though they say they are providing relief to victims. Those facts show that the actual damage differs significantly from the claims of National Network of Lawyers Against Spiritual Sales (Zenkoku Benren).
If the network of lawyers files a lawsuit and ends up losing, that would be recognized as having ‘no claim.’ The network might try to delay the court process, maintain their claims, bring about dissolution, and distribute assets through liquidation, without having their rewards for their success reduced. There is a possibility of such strategic maneuvering.
Continued in part 3
See part 1
Tatsuki Nakayama (中山達樹) was born in Kanagawa Prefecture (神奈川県) in 1974. He graduated from the University of Tokyo’s Faculty of Law. In 2005, he became a registered lawyer and graduated from the National University of Singapore Law School in 2010. After working as an international lawyer at a law firm in Singapore, he established Nakayama International Law Office in 2015. In 2016, he became a certified fraud examiner and graduated from the master course of Lee Kuan Yew School of Public Policy. His notable works include “Global Governance Compliance” and others.
Featured image above: 3 leading activist leftwing lawyers from National Network of Lawyers Against Spiritual Sales – from left: Masaki Kito, Hiroshi Watanabe, Hiroshi Yamaguchi. Photo: Screenshot / Bitter Winter
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