Legal & Law

Can an individual be convicted not for committing an offence but for allegedly giving telepathic orders to commit it?

“The Israel Centre for Victims of Cults”, using a mental slavery theory, is confronting Daniel Ambash, before Israel’s Supreme Court on August 11th, 2016
( | Press Release | 2016-08-09 09:19:43 )
Novel theories of criminal prosecution for domination of the minds of other people under the offense of holding people as "labor and sex slaves" are under appeal before the Israel Supreme Court in the case of State of Israel v. Daniel Ambash.
The Supreme Court of Israel will be requested to decide on the appeal of Daniel Ambash, a French ballet dancer who lived in Jerusalem with 6 women and their children. According to the women living there and their friends, there was a warm and loving atmosphere in their house and they welcomed in anyone who had nowhere to go for Shabbath or the Holidays.
Science does not recognize the theory of “mind control” whereas the District Court said that the laws against slavery, which were initially legislated to banish the physical holding of people against their will and forcing them to produce labor or supply sexual services can be extended to situations where the captivity is solely mental, which means that the alleged victims are free to come and go as they please, but their mind prevents them from leaving the home where they are mentally captivated. The ruling was made despite of the appearance of five women as defense witnesses who tried to assure the court that they aren't influenced by any "Mind Control", and that Mr. Ambash never extorted sexual favors from them.
Judge Yaacov Tzaban wrote that although they appear to be intelligent and independent, their willingness to share one man must be a product of mental captivity. No psychiatrists testified in that case to explain when and how the phenomenon of losing the autonomy due to mind control manipulation actually can happen.
The district attorney of Jerusalem presented to Court a novel theory which states that women in a polygamous relationship lack the legal capacity to consent to such a relationship and therefore all sexual intercourses in this framework are deemed a posteriori as non-consensual, and hence Mr. Ambash was accused of multiple rapes over the years.
Shiran, one of the women of the house, insists on emphasizing that the construction of this residential community was the women's initiative. If there is someone who was "consenting" in this affair, it was rather Daniel. He should be seen as the "victim". Their relationship is not polygamous and there is no count of polygamy in the indictment. Daniel Ambash was legally married to one woman (Ilana, mother of 10 children). The other "religious marriages" were contracted according to Jewish law, but cannot be considered as marriages in the civil sense, since they have not been formalized, but made by mutual agreement. De jure, it is not a situation of polygamy.
The case appears to be the first of its kind in the world, where a State takes the UN Conventions against slavery and forced labor, which address physical conditions of captivity, and extends their interpretation to include mental slavery, i.e., slaves who are free to come and go as they please but are dominated by some telepathic power of “Mind Control”.
Aderet, another women of the house, says: “One day in July 2011 the police raided our house and arrested everybody. We were all charged with raping each other. We maintained that our household has nothing to do with a cult, and that it is not the State’s business to tell us if we can or cannot consent to an intimate relationship in a polyamorous framework. If an adult person wants to have a conjugal relationship with the person he or she has chosen, does he or she need to go to a prosecutor to get clearance? The Jerusalem judges are out of their minds”. Aderet spent a year in jail for refusing to turn state's evidence by telling lies against Daniel.
“Why should I sit in a police interrogation room and answer indiscrete questions just because I share my partner with 5 women?” asks Aderet.
In the recent legal persecution of some polygamous commune in Tel Aviv, the so-called "Goel Ratzon Cult", the District Court of Tel Aviv ruled that the theory of mental slavery is scientifically false and that it cannot apply within the meaning of the UN conventions against slavery and forced labor. The Jerusalem prosecutor in the Ambash case, Mr. Yair Chamudot, claims that the Tel Aviv District Court Judges’ holding that Mental Slavery and Mind Control theories do not exist, is wrong. However, the ruling in the case of Goel Ratzon that forced labor and slavery must be limited to a setting of physical - not mental - confinement was upheld by the Supreme Court last year.
The Jerusalem District Court found Mr. Ambash guilty of 18 counts of enslavement, rape and other counts of sexual molestation. In almost all of them, Daniel is not charged with actually committing the crimes, but for ordering others to do it, by the power of some kind of telepathic persuasion and mental conquest. The victims are the same women who appeared as defense witnesses and claimed that they were no victims and no rape ever took place. Bizarrely, they were held victims contrary to their own statements.
This is the first time ever that a person was convicted of perpetrating crimes in the context of mental slavery and mental captivity of his victims, and the victims vehemently deny that they are victims.
In order to say that a victim was influenced by cosmic and telepathic powers, the Court would have needed psychiatric evaluations and there were none. It is astonishing how a plethora of horrendous stories was deemed credible without any solid evidence, forensic or psychiatric. Witnesses were coerced by means of threats and torture to make false statements.
Indeed, reading the verdict of the Jerusalem District Court makes clear that the legal theory of taking control over people’s minds is similar to witchcraft. Yet, the entire process of one mind overpowered by another mind happens entirely in the mental sphere, and therefore leaves no hard evidence. Israel's Supreme Court will have to decide whether this is scientifically possible.
Georges-Elia Sarfati, University professor in Sorbonne (Paris), philosopher and psychoanalyst

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Georges-Elia Sarfati

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