Minggu, 19 Juli 2026

Can the State be the Judge of Faith? The Global Collapse of Freedom of Religion


BICARA
- Critics increasingly voice concerns that the first half of 2026 was marked by government-level violations of religious freedom. In South Korea, a 95-year-old religious leader was detained before trial on charges unrelated to violence; in Nicaragua, an 80-year-old Catholic bishop was arrested; and in Japan, a dissolution order for a religious corporation was finalized. All three cases have drawn criticism across the board, as governments, UN human rights experts, international human rights groups, and academia cite them as violations of international human rights norms.


Standards Agreed upon by the International Community

Freedom of religion is a normative principle enshrined in international instruments. Article 18 of the International Covenant on Civil and Political Rights (ICCPR) guarantees freedom of thought, conscience, and religion; Article 25 guarantees the right and opportunity for every citizen to take part in public affairs and elections without distinction; and Article 9 stipulates that it shall not be the general rule to detain people awaiting trial in custody. The UN Tokyo Rules establish that pretrial detention should be a means of last resort. The UN Mandela Rules require respect for the inherent dignity of all persons in custody and for access to appropriate medical care. From the presumption of innocence to the state’s religious neutrality, international law draws a clear line and sets standards that state powers must observe when handling matters related to religion. The problem is that those very lines are being crossed in regimes—authoritarian and democratic alike.


South Korea — 95-year-old religious leader detained

On June 24th in South Korea, Lee Man-hee, the 95-year-old chairman of the Shincheonji Church of Jesus, was detained on charges including violating the Political Parties Act. Investigators believe he ordered church members to join certain political parties. The church maintains that it was a matter of church members' free political participation and that it has demonstrated goodwill by cooperating throughout the investigation, which included searches and seizures. The church also expressed deep regret over the detention of a 95-year-old, calling it a 'de facto physical punishment.'


At the annual conference of the European Academy of Religion (EuARe) in Rome, June 30 to July 3, Dr. Massimo Introvigne, founder of the Center for Studies on New Religions (CESNUR), noted that “in EU member countries, putting elderly individuals over 80 years old in custody would only be allowed in extremely exceptional cases,” and that “this detention violates international law, including the Mandela Rules.” Previously, international human rights organizations, including CAP-LC, submitted a joint written statement (A/HRC/62/NGO/236) at the 62nd session of the UN Human Rights Council. The statement pointed out that South Korean political actors took the fact that some church members joined a political party and framed it as evidence of improper religion-politics collusion, which contradicts the ICCPR. The statement also noted high-ranking officials referring to the church as a 'criminal organization,’ marking such statements as incompatible with the presumption of innocence.


Nicaragua — Arrest of 80-year-old Bishop with a Pacemaker

On June 29th in Nicaragua, Juan Abelardo Mata Guevara, an 80-year-old bishop emeritus and longtime critic who had spoken out against the Nicaraguan government's religious persecution, was arrested by the police and transferred to a maximum-security prison. He is a cancer survivor who wears a pacemaker. The U.S. State Department called the arrest an arbitrary detention and demanded his immediate and unconditional release. Christian Solidarity Worldwide (CSW), an international organization for religious freedom, also called on the authorities to cease their harassment. Nicaraguan authorities announced that the prelate was 'sent home' shortly after the U.S. request, but as of the reporting date, neither his family nor close associates have been able to provide independent information to verify his whereabouts or his safety. CSW reported that in 2025 alone, there have been 309 instances of the Nicaraguan government infringing on freedom of religion. The detention of an elderly religious leader for reasons unrelated to violence bears similarities to the South Korean case.


Japan — UN Warns Against Religious Corporation Ordered to Dissolution

In March 2025, the Tokyo District Court issued a dissolution order for the Family Federation for World Peace and Unification (formerly the Unification Church), revoking its legal entity status. Last October, four UN special rapporteurs jointly issued a statement on the Court’s decision. The statement warned that the ruling relied on vague concepts of “public welfare” that could permit restrictions exceeding those permissible under the ICCPR. Nevertheless, on June 23, the Japanese Supreme Court finalized the dissolution order. The organization lost its tax benefits and entered asset liquidation procedures. Unlike Nicaragua, Japan and South Korea are recognized democracies. This indicates that violations of religious freedom are no longer issues exclusive to authoritarian regimes.


The state cannot be the judge of faith.

The three cases share the commonality that the perpetrators are government and judicial authorities, and that the most powerful legal force—such as detention and dissolution—was exercised by the state in matters unrelated to violence. International human rights organizations and academia are unanimously calling on governments worldwide to adhere to international norms, conduct strict proportionality reviews of the detention of elderly individuals, and cease stigmatizing religious minorities. They state that protecting the rights of religious minorities is possible only by making judgments based on verifiable evidence and due process rather than popularized opinion or stigmatization.


Can the state be the judge of faith? — That is the question the international community poses as it closely eyes three countries in 2026.



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