Tuesday, March 18, 2008

ACTION ALERT,Tzvia Sariel,OUTRAGEOUS! Still in Jail, SOLITARY, Sanhedrin ruling


March 17, 2008
Pidion Shvuim Alert: pidionshvuim@yahoo.com
No. 3
Tzvia Sariel cleared by rabbinical court and forcibly returned to solitary confinement.
    In an unprecedented move, Tzvia Sariel, in jail for more than three months without formal charges, was ordered released by a rabbinical court in
Jerusalem. But prison guards grabbed 18-year-old Tzvia and returned her to jail for another bout of solitary confinement.
    Her "crime"? She refuses to cooperate with Israeli authorities, which have kept her in jail without evidence or witnesses in an attempt to intimidate her and other Jewish activists from protesting the Olmert government's plan to destroy the Jewish community in Judea and Samaria.
    On March 14, Netanya Magistrates Court Judge Smadar Kolander Abramovitch ruled that Tzvia be brought to the rabbinical court to enable the rabbis to convince her to cooperate with secular Israeli authorities. On March 14, she was taken in leg irons to the rabbinical court, which declared her innocent of charges of assaulting an Arab and ordered her immediately freed. At that point, however, prison guards spirited Tzvia to a waiting van and she was
returned to prison to continue her fourth month in jail.
    "This was totally unexpected," Rabbi Chaim Richmond, one of four rabbinical judges, said. "In our presence, the prison warden made a call and they were expected to take Tzvia back to a civil court to be released."
     The treatment of Tzvia is not exceptional. Since 2005, when the Israeli
government planned the expulsion of the nearly 10,000 Jews from the Gaza Strip and northern Samaria, authorities drafted regulations tha reserved special penalties for Jewish protesters. More than 800 indictments, many of
them involving minors, were issued against those who protested the government's destruction of Jewish communities in Judea, Samaria and the Gaza Strip.
    "Every day and every hour that Tzvia Sariel spends behind bars is injustice to this girl," Rabbi Yisrael Ariel, head of the rabbinical court, said. "Justice demands that she be released immediately. It is a serious stain on the judiciary system in Israel. According to the Torah law of Israel, we are demanding her immediate release without conditions and to erase the indictment."
    The major Israeli media, particularly the state-operated radio and television, did not mention a word of this travesty of justice. So, we must turn to you, lovers of Israel, and ask that you act to help defend Jewish rights in Israel.
    As a first step, we request that you telephone -- rather than e-mail -- the Israeli Embassy or the Israeli consulate nearest you and demand to know why Tzvia is still in prison. The embassy's phone number is 202-364-5500. Stress, that as an American citizen, you can ask the State Department to investigate what you feel is clearly a human rights violation.
    Now, we are asking you to call your member of Congress and raise the issue of Tzvia Sariel. We also ask you to call the State Department's Bureau of Democracy, Human Rights and Labor and inform them of Tzvia and demand an investigation. Tell the department officer you have also raised Tziva's case with your member of Congress. The State Department's main numbers are 202-647-4000 or 1-800-877-8339.
    The Olmert government, with an approval rating of near zero, has refused any accountability to the Israeli people and fears only the Bush administration. Unless we act now, there will be many more Tzvia's in jail.
    If you agree with this, please act quickly. What could be more important than winning the release of a Jewish child imprisoned for loving her country and people?
With Love of Israel,
Datya Itzhaki

The following was sent to me by David Bedein media@actcom.co.il



Yaron Zamir


8-9193810 (fax)


03 610 6666



From: paul harris <polaris82003@yahoo.co.uk>

its clearly time for a law of habeus corpus in israel

Barbara Sommers responds:

I agree Paul.  Problem is that the courts are ignoring the laws...and using the courts to carry out the Olmert governments objectives - which is to silence all opposition.
Note (There are a number of explanations for "habeas corpus", but the most direct answer is that a criminal has the right to have proof against them. This law provides the most important protection for our liberties - and in this day and age we must ensure that it remains that way. The U.S. Supreme Court has also stood in strong support of this law. It helps protect citizens from being held for no wrong doing. This is why our first congress addressed it so firmly as a "writ".)


Dear List, amv"sh


I received a copy of the ruling in Hebrew for Tzvia Sarial from the Sanhedrin (see attachment).  What follows is my translation (not professional)   Please refer to the original ruling in Hebrew as well.  Robin


Sanhedrin -Rabbinical Higher Court of 71


Rachel Imeinu 47 Yerushalayim 93228   email: info@beith-din.com Tel: 02-5661962 fax: 02-5664137


A Beit Din, a Rabbinical court,  for matters of the people and the State under the auspices of the Sanhedrin (an independent operative)


The Beit Din, a Rabbinical court,  for matters of the people and the State under the auspices of the Sanhedrin, had a court session regarding Tzvia Sariel, today, Friday, the 7th day of Adar Bet, 5768, close to the onset of the Sabbath.


This is contrary to halacha, rabbinic ruling which has determined that a Beit Din does not convene on the Eve of the Sabbath (Erev Shabbat).


Being that this was a matter of Nefashos, concerning a mortal being, the court convened as an exception to this rule.


Being that they (shin beit"samech) didn't bring the girl at the time that was set by the Beit Mishpat Hashalom Netanya Magistrates Court Judge Samdar Abramovitch in Netanya, and instead of 12:00pm, the girl was brought to the Rabbinical Court at 2:00pm;


Because of this we are submitting an abridged version of the decision and the continuation in the future will contain an organized summation.


Tzvia Sariel notified the secular court that she has the right to be judged in a Rabbinical Court of Torah.


The Rabbinical Court has concluded that Tzvia Sariel is being mistreated, abused in prison, a test to embitter the time she has been in prison, by punishing her with solitary confinement four times, withholding reading material, withholding outside excursion etc.  The incarceration is only as a punishment for her loyalty to the Torah of Israel.  Tzvia Sariel can not be the sacrificial lamb of a struggle of prestige and honor  of the Secular Court of Law.


The Rabbinic Court came to the conclusion from the words of Tzvia Sariel and also of the protocols of the Secular court, that there is no factual basis for her to remain under lock and key.  This especially in light of the determination of the Judge to change the charge of indictment.


In view of the above, the Rabbinic Court regarding matters of the people and State, has determined that Justice obligates her immediate release.


This incident is one of many where there is an unavoidable conflict between the judicial system and the general public, who are observant of Torah and Mitzvoth, especially with those living in Judea and Samaria, fighting for their lives in Eretz Yisroel.


In light of the above, it is proposed that an apparatus whereby the components of the judicial system and the Rabbinical court regarding matters of the people and State, is established, to minimize the friction between the court of the Torah and court of the State.


Therefore, the Rabbinic Court is expressing it's opinion that according to the Torah, each day and each hour that Tzvia Sariel is behind locked bars, is a gross injustice to the girl, and a severe stain on the Justice System in Israel.


This Rabbinical court according to the Torah orders her immediate release without conditions and to erase all charges brought against her.



"And this whole nation will return to their place with peace"

"Zion, with justice will be redeemed and those that return (or those captured) with righteousness.


The undersigned:


Yisroel Ariel, Av Beit Din

Chaim Richman, Judge

Dov Stein, Judge

Hillel Weiss, Judge

Pinchus Angel, Judge

Meir Chai CHakuk Halevi, Judge

Noam Federman, Secretary.




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