The Israeli State ‘Justice’ System – A Tale of Two Innocents

Duma: The False Accusation

November 7, 2018 | Moshe Feiglin, Chairman of Zehut

The cynical abuse of Roman Zadarov, serving a life prison sentence for a murder that he apparently did not commit, is nothing compared to what is happening now with Amiram Oliel.

These are the main points of the story:

On the 15th of Av 5775 (July 2015) two homes in the Arab village of Duma were set on fire. A couple and their son were killed. Graffiti saying “Revenge” and “Long live the king Mashiach” were found scrawled on the buildings.

The President and Prime Minister immediately determined that this was an act of Jewish terror, the media was ecstatic and the GSS energetically embarked on a manhunt after “hilltop youth” to apprehend the guilty party. When no evidence was found, the media began to criticize the Defense Minister at the time, Bogi Ya’alon, saying that when it came to Jewish terror, Israel’s security services were dragging their feet. Bogi publicized an announcement, bragging that the security services knew who the murderers were, but had not yet arrested them in order not to reveal hidden sources.

Following that, a complaint was filed with the High Court to obligate him to arrest the criminals. Bogi had to provide an answer, the system was under pressure and began arresting young ‘hilltop youth’. These boys, arrested with no evidence against them, were interrogated under torture and were not allowed to see an attorney. Obviously, this torture had no legal justification – these boys were not ticking time bombs – but when give an excuse to justify torture of hilltop youth, the media and High Court – the ‘guardians’ of democracy- turn into the Dobermans of dictatorship. In this way, human rights in Israel deteriorated to an unprecedented low.

There was, of course, good reason to examine other motives and directions, such as the fact that four homes in Duma were burned in the months preceding this incident and another home was burned in the month following the incident. But for some reason, nobody investigated those acts of arson. The residents of Duma seem to have a hobby of burning their neighbors’ homes and it is possible that they had already learned how to write graffiti in Hebrew (as was the case, for example, in the Hassan Bek mosque and in other places).

But let us return to the story.

The parents of the tortured youth and many people from the Religious Zionist public began to rebel against the bits and pieces of information about the youth being tortured. There were public protests, angry articles in the sector publications – things began to sizzle. And then, with great “courage and responsibility”, the leader of the Religious Zionists, Naftali Bennett declared:

“Do you want the roof to fall in on us? Who do you believe? Justice Minister Ayelet Shaked? Or rightist attorney Itamar Ben Gvir?”

Bennett did not want to stand up to the evil winds blowing from the media and defend his constituents. Instead, he allowed the gang rape to proceed – and even joined in.

But Bennett is not the story.

The story is that nothing came of all the ‘ticking time bombs’ and severe torture. The only person indicted in the Duma incident was Amiram Ben Oliel, who is now in his third year of incarceration under conditions reserved for terrorists.

Under unspeakable torture, the GSS extracted a ridiculous confession from Ben Oliel – so ridiculous that the court refused to accept it. Nevertheless, those who know that it would be impossible to leave the GSS and the prosecution empty-handed, employed a legal trick in which the court accepted the same confession made by Ben Oliel 36 hours after his confession under torture. Just that this confession, which according to the court was made of his free will, was made – according to court records – only after the representative of the GSS entered the interrogation room. It is easy to understand that the GSS man’s threatening presence was what ‘convinced’ Ben Oliel to confess of his own ‘free will’.

But that is not the end of the story. The GSS got stuck with a confession that is illogical and does not fit in with any of the testimony in the Duma file. According to witnesses, there were at least two people at the scene of the crime. There was also a car, about which some of those arrested were interrogated. All of that disappeared from the indictment. According to the indictment, Amiram Ben Oliel is a superman, performing amazing feats all by himself. He sets two homes ablaze at the same time, writes two different graffiti slogans on the two homes and perhaps even dresses up as two different people. In the end, he runs away on foot, without leaving any evidence at all that connects him to the crime.

Just like Zadarov, it is impossible to free Ben Oliel because that would be an admission of the system’s evil. But it will also be very difficult to convict him, as Chaim Levinson wrote in the extreme Left Ha’aretz newspaper because nothing in the indictment connects to anything else.

So, like Zadarov, Ben Oliel will continue to rot in prison – with two differences: One, Oliel underwent severe torture and now he is also being abused in unbearable conditions. He is in solitary confinement, his wife and four-year-old daughter meet him once a week for half an hour from behind a glass partition. He is allowed to hug his daughter for only a few minutes. The second difference is that Zadarov was already convicted. Amiram Ben Oliel’s trial will be starting this month. Public pressure may bring about a retrial for Zadarov and may not. By contrast, public pressure for Amiram may prevent a severe verdict, which would have no basis other than an illogical confession extracted under torture.

To be continued…

From Zehut, here.

הידיעה שאינו יודע

מתוך מכתב אחד הקוראים לעלון דברי שי”ח, גליון 275# פרשת אמר תשע”ח:

… במה שהובא ממרן רבנו הגר”ח שליט”א אודות מה שנאמר בגמ’ כמה וכמה פעמים “לא הוה בידיה”, ולכאורה צ”ב וכי לשה”ר יש כאן, וביאר רבנו שליט”א, שמקודם לא ידענו מחמת “עם ארצות” שלנו, אך לאחר שהאמורא לא ידע יש פה באמת ספק, והביא לזה ראיה מגמ’ יומא כמובא שם.

וכשקראתי ביאור זה עלה ברעיוני ראיה נפלאה למאד לדברי רבנו שליט”א, דהנה איתא בעירובין (נג.) “א”ר יוחנן י”ח ימים גדלתי אצל ר’ אושעיא בריבי ולא למדתי ממנו אלא דבר אחד במשנתינו כיצד מאברין את הערים באלף”, עכ”ל הגמ’, ובתוס’ שם (ד”ה לא) הקו בזה”ל, והא דאמר בפרק הבא על יבמתו (יבמות דף נז.) בעי מיניה רבי יוחנן מרבי אושעיא פצוע דכא כהן כו’, לא באותן י”ח ימים היה, עכ”ל, והנה יש לעורר תמיהה רבתי במש”כ התוס’ דהמעיין בגמ’ שם ביבמות יראה כי נאמר שם כך “בעא מיניה רבי יוחנן מרבי אושעיא פצוע דכא כהן שנשא בת גרים מהו שיאכילנה בתרומה, אישתיק ולא אמר ליה ולא מידי, עכ”ל הגמ’ שם, ומבואר בהדיא כי אישתיק רבי אושעיא ולאלמד ממנו רבי יוחנן כלום, ואזדא לה קו’ התוס’.

אכן לפי ביארו רבנו הגר”ח שליט”א מתבאר היטב כוונת התוס’ כי לאחר שהחכם עצמו אינו יודע הרי זה גופא התשובה שיש פה ספק, וזה כוונת התוס’ בקושייתם כי למד ר’ יוחנן מאי ידיעת ר’ אושעיא שיש אכן להסתפק בדבר ולפיכך הקשו כנ”ל.

[אלא שיש לציין כי יתכן שישנו הבדל בין “לא הוה בידיה” שהכוונה שאינו יודע, לבין “אישתיק ולא אמר ליה ולא מידי” שיתכן ששתק לאיזו סיבה ולא שלא ידע, ודו”ק.]

א”ה, החזון איש היה משנן כי גם ספק אמתי בכלל ידיעה הוא.

Why I Write (Mainly) in English

A recent letter to the editor in Hamodia captured my own emotions:

Anglo-Stential Angst

I love the English language,

It’s such a part of me,

Connects the world without with that within.

The tool of my trade,

With it my bills get paid (sometimes),

And fellow English speakers feel like instant kin.

To browse a dictionary,

Leaves me flushed and merry,

Delighting at each newly-tasted word.

Yet even as I write this,

I know that this delight is,

In its essence something quite absurd.

For while the language I do love,

The love of it I don’t,

Its most fluent phrases leave a hollow ring.

For should a son of Avraham,

That’s really what I am,

Find his solace in the language of the “Engs”?

Should something foreign to my soul,

Have me so much in its hold,

With my own soul-language stilted and remote?

Lashon ha-Kodesh, Hebrew, Yiddish,

Never heard when I was kid-ish,

Thrown over with tefillin from the boat.

I’m sure there’s a good reason,

For my linguistic treason,

To reach others that no other language might.

To redeem the holy sparks,

From their dungeons cold and dark,

Through words of Torah bringing them to light.

While it’s not my mother tongue,

It’s the one I learned when young,

At my kind adoptive mother(land)’s native knee.

So yes, I love the English language,

And I guess I always will,

Despite the fact it really isn’t me.

Nesanel Safran

Don’t Fall for Religious Charlatans – Here Is How They Operate

Charlatan Masquerades as Kabbalist

From time to time one hears tragic stories of master con-artists that masquerade as holy cabbalists who not only chisel people out of their hard earned money and their health, but also make their lives miserable and sad.

One poor soul who had gone to one of these cabbalistic charlatans for help in finding his life-partner was told by him that he must marry a particular girl. Even though he was warned by his good friends to stay away from her since “she wasn’t all there,” the “cabbalist” kept on urging him to get on with the marriage. He told him in no uncertain terms that he would never be successful or achieve true happiness in life unless he marries her. Being very naive and fearful that the words of this cabbalist would actually come true, he finally consented to the marriage. Since then, it was all downhill. His life turned into one of misery and gloom. Despite all the money he had given to the supposed cabbalist for his constant advice, he soon realized that it was a bottomless pit.

Unfortunately, he is only one of the many suckers that have fallen for these big time charlatans who make a career out of ruining other people’s lives with their supposed “cabbalistic” advice. They claim to know your past as well as your future and are experts at fleecing people out of their money as well as their health. They break up good marriages and sometimes prevent proper ones from materializing. They use numerous clever techniques to fool the unwary into believing that they have a special line to Heaven and can cure all your troubles or ills. They’ll sell you all sorts of foolish “cabbalistic charms” with the promise that they will solve all your problems and bring you long life, riches, and everlasting happiness. They’ll even give you a free “red bendel” to wear around your wrist to protect you from all the “evil spirits” that may hound you. For the low fee of only $1,000 they’ll also provide you with a bottle of pure undiluted “holy water” that is guaranteed to bring you instant salvation and lifetime riches.

A story is told about a “cabbalist” who once checked into a five star hotel in Miami which was filled with Jews just before the Pesach holiday season. When he came to the check-in counter, he asked to be given room 1826. The clerk told him that he was very sorry but that room was already occupied and that he would gladly assign him a different room that was even nicer and in fact had a beautiful view of the entire surroundings. However, the “cabbalist” turned down his offer explaining that room number 1826 had mystical meaning and therefore he wanted only that room. He was even willing to compensate the occupier of the room and pay for him to be upgraded to a beautiful room of his own choosing. The clerk said that he would have to call Mr. X down to the check-in counter and he would have to try and convince him to make the change. He could do absolutely nothing without the occupant’s approval. “Very well” replied the cabbalist. “I’m sure that I will be able to convince him to make the change.”

A few minutes later, a large heavy set man came downstairs into the lobby and asked him what he wanted. The cabbalist explained that he was a very holy rabbi and that according to the deep mystical secrets of cabbala it was very important for him to get room number 1826 and that he was willing to have him upgraded to a better and nicer room. The man looked the cabbalist in the eye and replied that he didn’t believe in all the cabbalistic numbering nonsense and that he was unwilling to make any changes. A loud exchange of words now erupted in the hotel lobby and a large crowd of Jews gathered around to find out what’s happening.

The shouting match continued with the man calling the cabbalist all sorts of derogatory names and even threatened to harm him if he didn’t disappear at once. As the cabbalist remained defiant and insisted on making the exchange, the man suddenly raised his hand and swung it down toward the cabalist’s head with all his strength. Amazingly, as it was only a few inches above the cabalist’s head, his hand froze in its place and the man shouted out in agonizing pain. His hand seemed to be paralyzed and he couldn’t move it no matter how hard he tried. “Please, I beg you for forgiveness,” he cried out to the cabbalist. “I’ll do whatever you want. Just please pray that my hand be healed,” he cried out for everyone to hear. After pleading and begging the cabalist for mercy and forgiveness for the rude manner in which he had treated him, the cabbalist finally forgave him and prayed that his hand return to normal. Sure enough, after the cabbalist tied it with a “red bendel,” and said some prayers for him, the hand suddenly got better and he was able to move it as before.

The large crowd who had gathered around and witnessed this miraculous event with their very own eyes were in shock and awe over what they had seen and instantly became his staunch admirers and believers. Each day there were long lines in front of the cabalist’s room and everyone requested his advice and blessings. Along with his advice and blessings he also encouraged them to contribute lots of money for some worthy cause he claimed to be collecting for. The money came pouring in until the cabalist’s suitcase was bursting at the seams.

Upon checking out from the hotel some days later, he made one last stop at the room of Mr. X. He divided all the money with him and thanked him for his magnificent performance. Few would ever know that the two of them were in cahoots with each other and that the entire “miracle” was nothing but a clever charade. The onlookers had fallen for it, hook, line, and sinker. ( I heard the above story from Rabbi Yisroel Belsky.)

Continue reading…

From My Western Wall, here.