Violation of Judicial Independence and Due Process in the Unification Church Case in Japan. 4. Fabricated Evidence and Secret Trials

Since proceedings were not open to the public, it was easier for the government to present false statements and get away with it.

By Patricia Duval

July 14, 2025

Article 4 of 4. Read article 1, article 2, and article 3.

Note: We publish a report sent to the relevant Special Rapporteurs of the United Nations on June 30, 2025. The document partially reproduces the content of Patricia Duval’s series on deprogramming previously published in “Bitter Winter.”

Japanese judges deliberating in a non-public hearing. AI-generated.

Article 81.7 of the Religious Corporations Act provides that, concerning the dissolution of religious corporations, “the procedure… is governed by the provisions of the Non-Contentious Cases Procedure Act” (Act n° 51 of 2011).

Thus, dissolutions of religious corporations are treated under Japanese law as “non-contentious” cases. This means that, just as the status of religious corporation is granted by the government by administrative decision, it can be withdrawn by the government through a court decision, but without the guarantees afforded to judicial trials. This applies even though the dissolution decision entails the disappearance of the religious entity and confiscating all its assets.

Although the law on religious corporations provides that dissolution should be ordered by a court to give a semblance of procedural guarantee, the government decides, and the court ratifies. The window dressing of the debates in court masks a harsher reality, namely that there is no judicial guarantee of a fair trial.

In particular, this Act outlines the “procedures in non-contentious cases” and the non-disclosure of proceedings in Article 30: “Proceedings in non-contentious cases are not open to the public.”

In fact, all the hearings in the dissolution case against the Unification Church have been held behind closed doors, so the public has not been able to follow the trial and ensure that justice was properly served.

In practice, this has resulted in fabricated written statements. Several individuals, whose statements were submitted by MEXT to the court as victims’ testimony, pointed out that they had “never said or even thought such things.”

This was made known through an article put online by “Sankei Shinbun” on February 25, 2025, which reported the following: “During the trial, two former believers were cross-examined, and it was revealed that their written statements included content they had no recollection of and had signed and sealed them without thoroughly reviewing the contents. One current believer stated that a Ministry of Education official had elicited their personal experiences without disclosing the purpose, and that these were turned into a written statement. Although the statement ends with the phrase, ‘I sincerely hope the organization will be dissolved,’ the believer denies ever making such a remark and, not considering himself a victim, is now requesting correction of the statement.”

It can be inferred that such tampering with the testimonies could not have occurred had the court proceedings been open to the public, as the Ministry would have feared public embarrassment.

The headquarters of the MEXT (Ministry of Education, Culture, Sports, Science and Technology), Tokyo. Credits.

Also, the court might not have been able to issue a dissolution order despite the existence of such malicious evidence fabrication. Instead, in its written decision, the court did not even bother answering the plea by Church attorneys that some statements had been modified or fabricated by the claimant Ministry.

This constitutes a significant violation of the right to a fair trial and to a public hearing under Article 14 of the Covenant: “1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent, and impartial tribunal established by law. (…) but any judgement rendered in a criminal case or a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.”

Due to incessant stigmatization campaigns that pressure the judiciary and lobbying of the government by extremist lawyers, the Unification Church and its members have been unable to make their voices heard and obtain justice before domestic courts in Japan.

Even before the hearings at the Tokyo High Court, the government is organizing the liquidation of the Church’s assets as if the dissolution of the religious corporation had already been decided. This alone evidences the government’s authority over the courts and the lack of judicial independence in Japan.

On June 27, the Agency for Cultural Affairs presented a set of draft “Guidelines for Asset Liquidation Procedures Aimed at Relief for Former Unification Church Victims” (NHK News, June 27, 2025) The draft emphasizes that liquidators should actively proceed with the liquidation process, “acknowledging that some victims may find it difficult to come forward with claims.” The outline of the procedural guidelines states that, since it may be difficult for victims to report damages immediately, the liquidator should proactively seek compensation for victims.

The Kyoto headquarters of the Agency for Cultural Affairs. Credits.

In the absence of any such victims, and based on the vague and arbitrary theory that they might still be under mind control, the Agency is organizing calls and public announcements by the liquidator to encourage former members to come forward with financial claims to ensure that the Church is stripped of all its assets. The Agency aims to finalize the guidelines sometime this autumn, the anticipated period during which hearings at the High Court are expected to be held.

All this amounts to no less than a scheduled execution of the Unification Church’s religious corporation. The Japanese courts cannot be seen as impartial in this case. Due process is a joke when it comes to the Unification Church, which has been presented as a criminal organization in the media and public officials’ speeches for years. It seems that no holds are barred to achieve its elimination.

It constitutes a severe violation by Japan of its obligations under the Covenant and of the principle of judicial independence enshrined in its Constitution.

Source: bitterwinter.org