Yesterday, Monday, 9th November, three members of the German FFWPU (Siegfried Klammsteiner, Andreas Rath, Rita Seewald), together with the lawyer for the UC, Dr. Knittelmayer, went to the Administrative Court in Koblenz to participate in a hearing on the issue of the refusal of Reverend and Mrs. Moon’s entrance to Germany in November 1995. In the spectators’ gallery were also Rev. and Mrs. Jeong (Nat. Messiahs), Gregor Sattler, Herbert Föhrmann, Geros Kunkel and Song-Kee Kim.

The government was represented by its lawyer and representatives from three government ministries – Interior (2 persons), Family, and Border Protection. The representative from the Interior Ministry was a specialist in visa affairs, but knew little about Rev. and Mrs. Moon’s case. This time no further witnesses were permitted to testify. The judges just wanted to hear final testimonies from both sides (Unification Church and German Federal government) before conferring to make their final decision. They did in fact reach a decision yesterday, but will announce it in four weeks, after the wording has been worked out. The government representatives wanted to bring further witnesses at a future hearing, but the court, being determined to reach their decision yesterday, did not permit this.

Despite some positive signs yesterday, our lawyer, Dr. Knittelmayer, still feels that the chances for a decision in favour of the UC are around 50-50.

Points which were in our favour yesterday:

1. Good arguments presented by our lawyer

2. Overall positive impression given to the jury of the UC and its members

3. Lack of satisfactory reasons for refusing an entry permit for Reverend and Mrs. Moon.

The representatives of the government ministries were not able to present a convincing case for refusing entry to Reverend and Mrs. Moon. Their arguments were unclear. When pressed to be more factual, they merely said they could bring witnesses in future.

Points which could be an obstacle to victory are:

1. A technical matter: Do members of the UC have the right to initiate a court case on behalf of someone else (Rev. and Mrs. Moon)?

Of course, our lawyer gave good reasons why we should be allowed to do this – especially the point that it is an important part of our faith to meet our spiritual leader. Yet the judges did not seem very satisfied and said that normally the sufferer himself must sue.

2. Another technical matter: The right of a foreigner to enter Germany is not a basic right and is a matter for government decision.

The court asked why Reverend and Mrs. Moon themselves do not sue the government. Our lawyer answered that even if Reverend Moon were to be granted entry, and even if he were removed from the Schengen listing, the Federal government could at any future date ban them again through "new evidence" unless it is accepted by the government that it is not simply a personal matter of Reverend and Mrs. Moon, but the transgressing of the rights of religious freedom of the Unification Church members to meet their spiritual leader.

If indeed the UC can win over these technical obstacles and thus be able to initiate a court case, there are excellent chances of winning it. The court is satisfied that the UC is a genuine religion and not just an economic enterprise (an argument used by the government). The court even warned the government that it will be transgressing Article 4 of the German Constitution (the right to religious freedom) if they refuse entrance permission to Reverend and Mrs. Moon without substantial justification.

As background information, here is a summary of the reasons the government gave for refusing entry to Rev. and Mrs. Moon:

"Moon is the leader of the Moon movement / Moon sect. According to the estimation of the Federal government, the Moon movement is considered to be one of the so-called youth sects and psychogroups. The activities of these groups could lead to a possible endangering of the relationship to society and the development of the personality of young people. The goal of all efforts of the Moon movement is a world ruled from Korea under the dominion of the "Moon Family". The public appearance of the Moon couple in the Federal Republic of Germany would give impetus to the spread of their movement and would lead to violent reactions from the public. Therefore the stay of the Moon couple would represent a disturbance of public security and order as well as damage to the interests of our country."

Dr. Knittelmayer, for the UC, showed the court that the government’s reasons do not apply in the case of Reverend and Mrs. Moon. The government representatives did not even offer any explanation to the judge about the accusation of world dominion. Concerning the accusation of indoctrinating youth and destroying families, they could not present any convincing facts. We were granted sufficient time to deal with the accusations. The judge gave the impression that the arguments of the government did not convince him.

At the close of the hearing it was still open as to what the final decision of the court will be. If the verdict is positive for us, we would immediately apply for the removal of Reverend and Mrs. Moon’s names from the Schengen listing. The FFWPU representatives were quite satisfied with the way in which the judge conducted the hearing and are hoping for a positive result. However, the defendant (the government) made it clear that, in this case, they would appeal. Then we would probably have to deal with new arguments brought against us and thus continue to fight the case in the High Administrative Court in Koblenz. If the court decides that the case cannot stand due to the above-mentioned technical issues, then there will be the following possibilities for us:

1. Reverend and Mrs. Moon themselves sue, or

2. The U.C. takes the case to a higher court, or both.

In any case, it is unlikely that the government accusations against Reverend and Mrs. Moon will be upheld by the court. If they are, then the way of an appeal to a higher court will be possible.

One final ominous point: the government representatives at the court, who represent the newly elected Socialist-Green government, were sure that their Interior Minister would have decided in the same way as the previous Christian Democratic government to refuse entrance to Reverend and Mrs. Moon.

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