the use and abuse of false mediation and the mental health industry to legalise child kidnapping

July 2, 2023

In this post we look at how the Service Social International Switzerland (SSI-S), the courts and the Swiss mental health industry uses and abuses mediation to kidnap children, and in the process avert criminal prosecution for their criminality.

let's cover the grounds first of what mediation should be

While there are various international instruments on international mediation in various fields, there is only one half hearted attempt international instrument in family matters, the Wroclaw Declaration on Mediation of Bi-national Disputes over Parents’ and Children’s Issues Perhaps one of the reason it has not evolved in a more elaborate international instrument since 2007 is it is very short, to the point and very clear.

The declaration describes mediation in kidnapping cases should occur under the auspice of Bi-national co-mediation. Two mediators should reflect the very different cultural and other backgrounds of the parents, and their genders. One mediator should be of psychological/pedagogical profession and the other mediator should have a legal professional background. They should be available to initiate mediation within one to two weeks.

We know that according to the Swiss Federal Office of Justice, mediation should be free in child abduction cases.

Mediation is ... free of charge ...

The International Social Service (ISS) endeavoured an attempt to set up a mediation paid-for-service business scheme. Their project ran form 2010 to 2018. The ISS had to admit in 2017 their mediation business scheme was too expensive, and did not receive the necessary funding. The project was halted, and spun to a separate informative web site aptly called International Family Mediation

The ISS seeked to create their own mediator network. Could it be to render mediators dependent on ISS and its members pay-for-service mandates? Control what's getting into the mediation contract, regardless of the reality? Control their paying kidnapping client gets the contracted results? And it looks like the ISS seeks again a privileged network given it is re-integrating its past project in the ongoing update of the ISS web site.

The ISS has on its web site a Best Practices for International Family Mediation Processes draft proposal which states:

Co-mediation is strongly recommended as a good practice, and whenever possible bi-gender co-mediation with two mediators from the legal and psycho-social fields, speaking the languages of the parties. Co-mediation is highly recommended for international family mediation processes to bring balance and fairness in the process and in the perception of the participants; this approach can take forms such as: * In situ co-mediation (with two mediators present). * Co-mediation at distance (with online component).

Various family mediation guides and recommendations reiterated mostly the specifications of the Wroclaw Declaration, among which the Guide to Good Practice under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction

and what does the ISS-S do?

The SSI-S as self proclaimed authority, claims throughout its documentation having top expertise in International family kidnapping mediation.

The Swiss Federal Office of Justice and International Instruments say mediation should be free. SSI-S says pay.

ISS and Wroclaw say co-mediation. SSI-S says 1 mediator, Amorife International (see further down)

All NGO's and international instruments underline the need for fast action in international child abduction cases. SSI-S dragged their chosen mediator for 4 months before mediation started.

All NGO's and international instruments underline impartiality and transparency of mediators. SSI-S bootstrapped one mediator to follow the mandate the SSI-S had from the pay-for-service child kidnapping mother.

And I could go on. See overview table at the end of part 5 (link will populate when published) for an overview.

the SSI-S pay-for “child kidnapping” mediation contract

The SSI-S has a pay-for-service mediation contract. We've covered other SSI-S pay-for-child-kidnapping contracts in the earlier posts.

It stipulates:

Le SSI Suisse est soumis au strict respect de la confidentialité. Le mandant autorise le SSI Suisse à transmettre les informations nécessaires au traitement de la situation à ses partenaires à l’étranger ainsi que, le cas échéant, aux organisations et autorités concernées.

Confidentiality ≠ authorisation to transfer information to foreign partners or authorities. Not only that, the SSI-S should not intervene in the mediation process. It is an interested, contracted, paid-for-service, and as such highly bias party.

In fact, the SSI-S, as a national member of the ISS and subject to its rules, is under no circumstance allowed to have foreign partners or be in touch with foreign authorities in countries where the ISS has members. In addition, transferring information in the context of or obtained during mediation is in violation of the very principle of mediation confidentiality.

Mediation as per the Swiss Federal Office of Justice and International Instruments should be provided free of charge in international child kidnapping cases.

Why then, as claimed mandate holder of Swiss authorities, as claimed member of the ISS, as claimed defender of human rights, does the SSI-S have a pay-for-contract for mediation?

The SSI-S imposed 1 mediator who did not respond to the Wroclaw declaration specifications. Meet Amorife International.

a note on Amorife International versus SSI-S

To illustrate the SSI-S wrongdoing, an example experience.

The SSI-S imposed, at the pay-for-contract mandate kidnapper request, a mandate at Amorife International, whose mediator is Claudio Jacob.

The mediation agreement was imposed by the SSI-S through Amorife. It contained unilateral, false and unfounded but paid-for-contracted allegations of the mother. Tangible evidence exists that the allegations are totally false. Despite presenting the evidence to the mediator in session, I was expected and pressured to put my signature under the false allegations before the actual mediation process would even start. I call that not mediation, but arbitrary inquisition.

Since I refused to sign the false accusations mandate imposed by the SSI-S through Amorife, Amorife attributed its failure to start mediation ... to me.

Amorife was transparent enough in its final report, divulging Amorife were tied to the mandate by the SSI-S. Not that the courts cared about that aspect.

I contacted Amorife under data access laws, hoping to obtain the additional necessary explicit and detailed evidence between Amorife and the SSI-S. Amorife claimed they can not provide the requested information because they went bankrupt, process during which they claim all data was mandatorily destroyed.

French data retention laws allegedly stipulate directors of companies entering bankruptcy need to ask people they hold information on what they should do with the data. This has not happened. There is allegedly also a timeframe during which data needs to remain available for data access requests after bankruptcy, notably in the interest of court cases. The French authorities are investigating, whenever that'll have an outcome ...

To be continued ...

Tags: #Rights #Kidnapping

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