Ending Organized Covert Torture

Ending Organized Covert Torture

Statute

  1. NAME, SEAT, PURPOSE, MEANS AND RESOURCES

Article 1 NAME AND DURATION

An association within the meaning of Articles 60 et seq. of the Swiss Civil Code (“CC”) is hereby created under the name “Ending Organized Covert Torture” (hereafter, the “Association”).

The Association is created for an indefinite period of time.

Article 2 SEAT

The Association’s seat is in the Canton of Geneva.

Article 3 PURPOSE

The abusive elements of security and military companies, the Mafias and other organizations which operate secretively, across the globe, centrally coordinate a multitude of individuals’ knowing and willful course of conduct that inflicts extreme or cruel pain or suffering on a specific person by non-impulsively and clandestinely inflicting grave bodily injury for the rest of the victim’s life. These injuries are mostly invisible or often seem to have naturally occurred, and are inflicted in such sophisticated and diverse methods as to render the victim’s torture complaint perceived as delusional or paranoid. For example, the victim is tortured with weapons that use technologies that produce concentrated electromagnetic energy and atomic or subatomic particles as a means to damage or destroy equipment or to kill or injure personnel, namely, ‘Directed Energy Weapons,’ as defined in The United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement. The police in the numerous countries have summarily dismissed the victims’ complaints, often assuming that the victims are delusional or paranoid, and detained the victims in psychiatric institutions, in contrary to Article 14 of the U.N. Convention on the Rights of Persons with Disabilities, which expressly declares, “the existence of a disability shall in no case justify a deprivation of liberty.”

The purposes of organized covert torture include punishing the victim for the act the victim committed; intimidating or coercing the victim; gaining sadistic pleasure; and for any reason based on discrimination of any kind, as set forth in Article 1 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. More specifically, the purposes of organized covert torture include punishing and discrediting the victim who filed a civil or criminal complaint against a member or an associate of the torture organization; punishing and discrediting a whistleblower; intimidating and discrediting a crime witness; and discrediting the forced and unwitting human experimentation subject of Directed Energy Weapons, Neurotechnology (explained below) and other covert technologies being developed by the covert torture organization, often a security/military company, in order to hide the capabilities of such covert technologies.

In lieu of abducting the victim, which results in the sudden disappearance of the victim and naturally raises law enforcement’s suspicion, the covert torture organizations keep their victim under control by centrally coordinating the systematic, organized surveillance and harassment of the victim by a multitude of conspirators, i.e., ‘organized stalking,’ including cyberstalking. Nadar v. General Motors Corp at the NY Court of Appeals in 1970 marks the seminal case of organized stalking by establishing the tort of invasion of privacy in the U.S. The defendant paid security company agents to stalk the plaintiff in an organized fashion, in order to coerce the plaintiff not to publish a book criticizing the defendant’s products’ safety-design defects.

In addition, high echelon security and military companies’ abilities to control the victim are immensely enhanced by ‘Neurotechnology,’ which allows the connecting of the victim’s brain directly to digital networks through devices and procedures that may be used, among other things, to access, monitor and manipulate the neural system of the victim, as defined in the U.N. Human Rights Council Resolution in 2022 titled “Neurotechnology and human rights,” passed remarkably 74 years after Norbert Wiener’s invention and publication of the brain-computer interface in 1948.

In violation of Articles 15 and 16 of CRPD, which expressly prohibit the torture, scientific experimentation, abuse and exploitation of persons with disabilities, covert torturer organizations often intentionally select survivors of child abuse and those with psychosocial disabilities, principally except the delusional disorder or paranoid schizophrenia, for organized covert torture. It is because the torturers assume that a person with a psychosocial disability, such as an inability to detect and avoid dangerous interpersonal situations, often caused by child abuse victimization, is not only an easy victim, but also less likely to be believed by law enforcement and society at large; and assumes such a person is less equal in human worth. Further, the major media outlets across the globe discriminatorily portray these persons as monstrous criminals, not victims, even after the enactment of CRPD. Organized covert torture serves the purpose of extra-judicially punishing a person with a psychosocial disability for attempting to disturb the hierarchy of human worth, wrongfully assumed by the torturer, between those with and those without psychosocial disabilities, in order to reinstate such hierarchy.

Organized covert torture is a crime against humanity motivated by a desire for subjugation. The torturers gain a manic sense of power, self-confidence, and sadistic pleasure by controlling and destroying the victim whom the torturers perceive as less in human worth.

Article 1 of the Universal Declaration of Human Rights proclaims the principle of the equality of rights, dignity and human worth among all categories of humans. Furthermore, Article 17 of CRPD vindicates the principle of the equality of human worth between those with and those without psychosocial disabilities. Organized covert torture and murder thus insidiously undermine this existential equality of human worth.

Therefore, the Association makes an unceasing effort to end, perpetually, the global crime against humanity of organized covert torture and murder, effected with Directed Energy Weapons and/or other sophisticated means, while the victim is kept under the total surveillance via organized stalking and/or Neurotechnology.

Further, the pieces of legislation the Association proposes at the U.N. Human Rights Council categorize the mental state of a desire for subjugation, while committing a violent criminal action, as the guiltiest mental state, in determining judicial punishment, in order to participate in the socio-juridical undoing of such a subjugation desire itself.

The Association has no profit purposes.  

Article 4 MEANS

The Association may undertake any lawful activity appropriate to the achievement of its purpose. In particular, the Association may undertake the following:

  1. participation in the UN Human Rights Council to propose the HRC Resolution which sets forth a provision to establish a mechanism in HRC, such as a working group, to investigate, report, prevent and prohibit organized covert torture and murder.
  2. if deemed necessary, participation in drafting and proposing, at the U.N. Human Rights Council, provisionally titled the UN Convention to End Organized Covert Torture and Murder.
  3. participation in the monitoring of the implementation of the said proposed U.N. Convention at the respective Treaty Body/Committee, if enacted.
  4. proposing to amend the Convention on the Rights of Persons with Disabilities to add a provision to prohibit the discriminatory representation of persons with psychosocial disabilities in the media, in addition to Article 8 of CRPD which encourages the media to portray persons with disabilities in a manner consistent with the purpose of the Convention.
  5. media campaign to raise global social awareness on organized covert torture and murder.
  6. publishing articles in law and other relevant journals and books on the subject.
  7. networking and cooperating with other international human rights organizations especially based in Geneva which have mandates that interlink with the mandate of the Association.

Article 5 RESOURCES

Resources of the Association may come from donations, legacies, sponsorship, partnerships, public subsidies, membership fees, revenues generated by the Association’s assets, and public and private grants.

All resources of the Association shall be used exclusively for its not-for-profit purposes.

  1. MEMBERS

Article 6 MEMBERS

Members of the Association (the “Members”) shall consist of individuals or institutions who have an interest in the purpose and the activities of the Association and wish to support them.

Should the Association be required to register with the Register of commerce, it shall keep a list of its members mentioning the name and surname, or the company name, as well as the address of each member (art. 61a CC). The details of each member and any supporting documents shall be retained for five years after the member has been removed from the list (art. 61a para. 3CC).

Article 7 BEGINNING OF MEMBERSHIP

The founders are the initial Members of the Association.

Additional Members may join the Association first by being nominated by the current member of the Board and then submitting a written application to the Board.

The Board shall review applications, before submitting them to the General Assembly for approval.

Article 8 END OF MEMBERSHIP

Membership ceases :

  1. Upon the resignation of the Member addressed to the Board at least 6 months before the end of the calendar year (art. 70 para. 2 CC);
  2. Upon death of the Member if such Member is an individual and not the representative of an institution (art. 70 al. 3 CC); or
  3. By exclusion decided by the General Assembly, if the member is found to be an infiltrator from a covert torture organization, such as a security/intelligence/military company or a governmental intelligence agency. The suspected member is entitled to a full right to defense in the General Assembly, including the right to be confronted by the witness(es) against them and the right to cross examine the witness(es), in order to seek the truth value of the infiltrator allegation.

In any case, the fee for the current year remains due by the exiting Member.

A resigning or expelled Member has no right to the Association’s assets.

Article 9 MEMBERSHIP FEES

The General Assembly decides on the principle of membership fees and their amount.

  1. ORGANIZATION AND GOVERNANCE

Article 10 ORGANS OF THE ASSOCIATION

The bodies of the association are:

  1. the general Assembly,
  2. the Board,
  3. the External Auditors, insofar as this is required by Swiss law.

IV. THE GENERAL ASSEMBLY

Article 11 PRINCIPLES

The General Assembly is the supreme authority of the Association within the meaning of article 64 et seq. CC.

It is composed of all the Members. 

Article 12 POWERS

The General Assembly delegates to the Board the power to administer and represent the Association.

The General Assembly remains with the following inalienable powers :

  1. Adoption and amendment of the present Statutes;
  2. Nomination and revocation of the External Auditors;
  3. Approval of annual reports and audited accounts;
  4. Admission and exclusion of Members;
  5. Nomination, discharge and revocation of Board members; 
  6. Decision on the dissolution or merger of the Association; and
  7. Management of all matters that are not the responsibility of other bodies.

Section 13 MEETINGS

Ordinary meeting of the General Assembly. The Ordinary meeting of the General Assembly shall be held at least once a year during the first 6 months of the year.

Extraordinary meeting of the General Assembly. Extraordinary meetings of the General Assembly may be called by the Board or at the request of at least 20 percent of all Members, in accordance with article 64 para. 3 CC.

Convocation. The Board shall convene the meetings of the General Assembly with a one-month notice. The agenda of the meetings must be sent with the invitations. The invitations may be sent by post or by e-mail.  

Quorum. The General Assembly is validly instituted if at least one third of the members are present.

The Chair. The Chair, and in his/her absence the Deputy Chair (as defined in article 17 below), shall chair the meetings of the General Assembly.

Meeting modes. Meetings can be held either (i) onsite, whether in Switzerland or abroad, (ii) by audiovisual conference, or (iii) in a hybrid manner (mix of onsite and audiovisual conference), provided that all requirements for onsite general assembly meetings are fulfilled.

Independent representative. The appointment of an independent representative is not necessary for meetings taking place in Switzerland, online or in a hybrid form. For meetings taking place abroad, an independent representative shall be appointed, unless all members agree to waive this condition.

Article 14 DECISIONS AND VOTING RIGHTS

Voting rights. Each Member shall have an equal voting right at the General Assembly.

Power of attorney. Members may vote in person or by proxy.

Process. Voting takes place by a show of hands or through an electronic voting process. Upon request of at least one-fifth of the Members, voting may take place by secret ballot.

Majority of votes. All decisions shall require a simple majority of all votes expressed (including votes by proxy), insofar as the present Statutes do not provide for a different majority.

Decisions by circular letter. Proposals to which all Members have adhered in writing (including by e-mails) are equivalent to decisions taken by the General Assembly, in accordance with article 66 para. 2 CC.

Conflict of interest. In accordance with article 68 CC, a Member may not vote for decisions relating to a matter or a legal proceeding regarding the Association where he or she, his or her spouse, parents or relatives in direct line are a party to the matter. 

Minutes. The meetings of the General Assembly and its decisions are recorded in the minutes.

V. THE BOARD

Article 15 PRINCIPLES

Role and powers. The Board is the executive body of the Association. It has the right and the duty to manage the affairs of the Association and to represent it in accordance with the Statutes (art. 69 CC). In particular, the Board shall take all necessary measures to achieve the purposes of the Association, ensure the correct application of the present Statutes and any other internal regulations, administer the property, assets and resources of the Association, manage the accounts, engage and supervise a Director, if necessary, and convene and organize the General Assembly.

Pro-bono. Board members shall act on a pro-bono basis, with the exception of reimbursement of their effective costs and travel expenses. Potential attendance fees may not exceed those paid for official commissions of the Canton of Geneva. For activities that exceed the usual scope of the function, each Board member may receive appropriate compensation. Paid employees of the Association may only sit on the Board in an advisory capacity.

Article 16 APPOINTMENT OF THE BOARD

The initial Board members are appointed by the founders.

After that, the new members of the Board are appointed by the General Assembly.

Article 17 COMPOSITION

The Board shall be composed of at least three and at most seven members.

The Board designates amongst its members, a Chair, a Deputy Chair as well as any other function as it may deem necessary.

At least one member of the Board with individual signatory powers, or two members of the Board with collective signatory powers, must be domiciled in Switzerland and have access to the list of members (art. 69 para. 2 CC).

Article 18 TERM

The Board members are appointed for a two year term, renewable twice.

Article 19 REMOVAL AND RESIGNATION

Removal. Board members may be removed by the General Assembly for just cause, in particular if the Board member has violated his/her obligations towards the Association or if the Board member is not in a position to exercise his/her functions correctly.

Resignation. Board members may resign at any time by submitting a written declaration to the Chair, specifying when the resignation shall take effect.

Vacancy during the term of office. In the event of dismissal or resignation during the term of office, the Board may appoint a replacement member by co-optation, until the next meeting of the General Assembly.

Article 20 DELEGATION AND REPRESENTATION

Delegation. The Board is entitled to delegate certain of its tasks to one or more of the Board members, including to Board sub-committees, to third parties, or to hired employees.

Representation. The Board designates the individuals who are authorized to represent and bind the Association.

Article 21 BOARD MEETINGS

Meetings. The Board shall meet as often as required, but at least twice per year.

Process. Board members may validly participate in a meeting of the Board in person, by audiovisual conference, or in a hybrid manner (mix of in-person and audiovisual conference). In-person meetings can take place in Switzerland or abroad.

Convocation. The Chair of the Board shall convene Board meetings at least fifteen days in advance. The Chair may convene the Board with three days’ advance notice, where justified by urgent circumstances. 

Article 22 DECISION-MAKING

Votes and majority. Each Board member shall have one vote. Decisions are taken by a simple majority of all votes expressed, as long as the present Statutes or other internal regulations of the Association do not provide for a different majority. In case of a tie, the Chair shall have a casting vote.

Decisions by circular letter. Decisions may also validly be taken by written resolution, including by email.

Minutes. Board meetings and decisions will be recorded in the minutes of the Board.

VI. MISCELLANEOUS AND FINAL PROVISIONS

Article 23 SECRETARIAT

The Board may create a secretariat and/or appoint a Director to manage the day-to-day affairs of the Association.

Article 24 EXTERNAL AUDITORY

Compulsory body. To the extent required by Swiss law, the General Assembly shall appoint the independent External Auditor in charge of (i) verifying the annual accounts of the Association and to submit a detailed report to the General Assembly and (ii) to ensure that the statutory rules of the Association (Statutes and internal regulations) are respected.

Optional body. The Association, which is not subject to the obligation to appoint an External Auditor, may nevertheless decide to appoint one (or more) External Auditor(s), who would prepare a report to the General Assembly’s attention.

Article 25 BOOKKEEPING

Accounts. The Board must prepare for each financial year accounts as required by the applicable laws.

Fiscal year. The fiscal year begins on January 1st and ends on December 31st of each year.

Article 26 LIABILITY

The Association is solely liable for its debts and obligations, which are guaranteed by its assets, to the exclusion of all individual responsibility of its Members.

Article 27 DISSOLUTION

The Association may only be dissolved by a two-third (2/3) majority vote of all Members.

In such a case, the Board shall proceed with the liquidation of the Association.

The assets of the Association shall first serve to pay its creditors.

Remaining assets will be entirely assigned to a non-profit entity, which pursues similar public interest purposes and which is tax exempted.

In no event may the assets of the Association be returned to its founding members or Members, nor should they use some or all of the assets for their own benefit in any way.