Written Rebuttals Submitted Against MEXT’s Claims, Which Are Not Based on Concrete Evidence

Prepared by Knut Holdhus

Press release issued by the Family Federation of Japan 6th August 2025 concerning lawyers submitting written counterarguments to MEXT’s evidence-free assertions. See original article in Japanese.

In the appeal proceedings concerning the dissolution order, on 30th July and 5th August we submitted Written Arguments (6) and (7) to the Tokyo High Court. Below is a summary of those submissions, and the full text (with some personal information redacted) is published in PDF format (Not attached here).

  1. Written Argument (6)

Submitted on 30th July 2025, this brief sets out legal considerations and arguments regarding the closed nature of the proceedings, which violates the principle of public trial guaranteed by Articles 32 and 82 of the Constitution. The main points are as follows:

① Constitutional Violation

We argue that the dissolution order proceedings being conducted behind closed doors violates Articles 32 and 82 of the Constitution. By disregarding the principle of public trial, the fairness and credibility of the court are undermined.

② Freedom of Religion and Strict Standards of Review

Freedom of religion is a constitutionally guaranteed fundamental right. Any regulation requires “compelling public interest” or the existence of a “clear and present danger.” The original decision fails to meet these standards and is rough and unjust.

③ Issues with Media Coverage of the Former Unification Church

The media imposed a biased reporting frame, unfairly demonizing members and the organization. Such coverage swayed public opinion and influenced the request for a dissolution order. We have presented claims based on data analysis supporting this point.

④ The Nature of Religion and Faith

Religion inherently contains elements that may not align with general social norms, and faith-based actions cannot be judged solely by rational criteria. A trial that fails to respect freedom of religion violates human dignity.

⑤ Essential Difference from Other Cases

This case is fundamentally different from incidents like Aum Shinrikyo [See editor’s note 1 below], as it concerns religion and the inner faith of believers. A dissolution order would have enormous consequences for members and the organization, requiring cautious and fair judgment.

  • Written Argument (7)

Submitted on 5th August 2025, this brief addresses MEXT’s written rebuttal (response to our appeal) and presents counterarguments against both the original decision and the opposing party’s claims. (A comprehensive rebuttal to MEXT’s entire response will be submitted at a later date.) In this filing, we criticized the validity of the proceedings and judgments, calling for a fair trial based on concrete evidence.

① Problems with the Original Decision

Before applying the law, courts must establish concrete facts based on evidence. “Torts” are not raw facts, but legal evaluations made by judges. Thus, the facts alleged to constitute a tort must first be specifically shown (raw facts), after which it is determined whether they amount to a tort (legal evaluation).

The original decision, however, did not identify specific acts by the Family Federation or its members that would constitute grounds for dissolution, based on evidence. Instead, it inferred “torts” and “damages” merely from abstract facts such as notification letters or settlements, which is improper. In particular, no specific unlawful acts after the “Compliance Declaration” [See editor’s note 2 below] have been identified.

② Impropriety of the Opposing Party’s (MEXT’s) Response

Although the Tokyo High Court instructed MEXT to present specific evidence in rebuttal, they ignored this directive and continued with only abstract arguments, failing to provide concrete counterarguments.

③ Disregard for the Basic Structure of Trial

Trials must be conducted based on facts and evidence, yet the original decision ignored this and relied on speculation. It used the term “tort” in an abstract way, issuing the dissolution order without concrete factual support. This violates fundamental principles of judicial process and demonstrates the harmful effects of a “closed-door trial”.

Featured image above: From a demonstration in Kyoto 16th August 2025 against the dissolution order. Photo: FFWPU

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