Can the State Be a Judge of Faith? The Global Freedom of Religion Crisis

Can the State Be a Judge of Faith? The Global Freedom of Religion Crisis

Critics are increasingly expressing concern that the first half of 2026 was marked by violations of freedom of religion at the state level. In South Korea, a 95-year-old religious leader was taken into pre-trial custody on non-violent charges; in Nicaragua, an 80-year-old Catholic bishop was arrested; and in Japan, a decision to dissolve a religious corporation came into force. All three cases have drawn widespread criticism, as governments, UN human rights experts, international human rights organizations, and the academic community view them as violations of international human rights standards.

Standards Agreed Upon by the International Community

Freedom of religion is a fundamental principle enshrined in international legal instruments. Article 18 of the International Covenant on Civil and Political Rights (ICCPR) guarantees freedom of thought, conscience, and religion; Article 25 guarantees every citizen the right and opportunity, without any discrimination, to take part in the conduct of public affairs and elections; Article 9 provides that pre-trial detention should not be used as a general rule. The UN Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) establish that pre-trial detention should be used only as a last resort. The Nelson Mandela Rules require respect for the human dignity of all persons in custody and the provision of proper medical care. From the presumption of innocence to the principle of state religious neutrality, international law clearly defines the boundaries and establishes standards that states are obliged to adhere to when considering matters related to religion. However, the problem lies in the fact that these boundaries are increasingly being violated in both authoritarian and democratic states.

South Korea — Pre-trial Detention of a 95-Year-Old Religious Leader

On June 24, 2026, in South Korea, Lee Man-hee, the 95-year-old chairman of the Shincheonji Church of Jesus, was taken into pre-trial custody on charges including violation of the Political Parties Act. Investigative authorities believe that he instructed church members to join certain political parties. The church, for its part, states that it was strictly a matter of the believers’ free participation in the country’s political life, and stresses that throughout the investigation, including searches and seizures, it fully cooperated with the investigators. In addition, the church expressed deep regret over the pre-trial detention of a 95-year-old individual, calling these actions “de facto physical punishment.”

At the annual conference of the European Academy of Religion (EuARe), held in Rome from June 30 to July 3, Dr. Massimo Introvigne, founder of the Center for Studies on New Religions (CESNUR), noted that “in member states of the European Union, the detention of persons over 80 years of age is allowed only in exceptionally rare cases,” and stated that “this detention violates international law, including the Nelson Mandela Rules.” Earlier, 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 document noted that South Korean politicians used the fact of individual church members joining a political party as evidence of an improper collusion between religion and politics, which contradicts the provisions of the International Covenant on Civil and Political Rights (ICCPR). The statement also drew attention to the fact that high-ranking public officials called the church a “criminal organization,” which is incompatible with the principle of the presumption of innocence.

Nicaragua — Arrest of an 80-Year-Old Bishop with a Pacemaker

On June 29, in Nicaragua, police arrested 80-year-old Bishop Emeritus Juan Abelardo Mata Guevara, who for many years had openly criticized religious persecution by the Nicaraguan government, after which he was transferred to a maximum-security prison. The bishop is a cancer survivor and lives with an implanted pacemaker. The US Department of State called the arrest an arbitrary detention and demanded his immediate and unconditional release. Christian Solidarity Worldwide (CSW), an international organization dedicated to protecting freedom of religion, also called on the authorities to cease the persecution. The Nicaraguan authorities stated that shortly after the US appeal, the clergyman was “sent home”; however, as of the date of publication, neither his family nor those close to him have been able to independently confirm his whereabouts and safety. According to CSW, 309 cases of religious freedom violations by the Nicaraguan government were recorded in 2025 alone. Taking an elderly religious leader into custody for non-violent reasons shares much in common with the case in South Korea.

Japan — UN Warning Regarding the Dissolution of a Religious Corporation

In March 2025, the Tokyo District Court ruled to dissolve the Family Federation for World Peace and Unification (formerly the Unification Church), depriving the organization of its legal entity status. In October last year, four UN Special Rapporteurs issued a joint statement regarding this court decision. They warned that the court relied on the vague concept of the “public good,” which could allow the introduction of restrictions going beyond what is permissible under the International Covenant on Civil and Political Rights (ICCPR). Despite this, on June 23, the Supreme Court of Japan officially upheld the dissolution decision. As a result, the organization lost its tax-exempt status and entered asset liquidation proceedings. Unlike Nicaragua, Japan and South Korea are considered established democratic states. This demonstrates that violations of freedom of religion are no longer a problem unique to authoritarian regimes.

The State Cannot Be a Judge of Faith

What unites all three cases is that state authorities and the judicial system initiated the respective actions, and the harshest measures of state coercion — pre-trial detention and the dissolution of an organization — were applied in cases not involving violence. International human rights organizations and members of the academic community unanimously call on governments of all countries to comply with international standards, conduct a strict proportionality assessment when making decisions to detain elderly people, and refrain from stigmatizing religious minorities. In their view, the protection of the rights of religious minorities is possible only when decisions are made based on verified evidence and in compliance with due process of law, rather than under the influence of societal prejudice or stigmatization.

Can the state be a judge of faith? This is precisely the question the international community is asking today, closely monitoring the events in the three countries in 2026.

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Author: Maria Zakharchenko

Photo: Canva