Thursday, April 19, 2018

Fwd: Serious Questions of the Duma Investigation following ANALYSIS: New Revelations in the Duma Case.


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Now  is not the time to be humble...

...See Gittin 56, which states, “Because of the humility of Rabbi Zecharya ben Avkulas, the Beit Hamikdash was destroyed”; 
Jan 7, 2016

Let's even take Shabaks side for arguments sake...

From HaModia article January 2016



Now let's consider some interesting possibilities.

The question is whether Shabak is a neutral investigator of the crime or whether they were biased to begin with and had an agenda with a predetermined outcome. Perhaps it can be argued in Elisha and Amiram's defense that the purpose of the "investigation" was to come up with evidence to support a guilty verdict.

It is no secret that Shabak has moles, informants and Provocateurs embedded in the Settler community. 

Updated 04/25/2018 with this link as an example

Shabak Framing Jewish Hilltop Youth as Jewish Terrorists
https://shemittahrediscovered.blogspot.com/2018/04/framing-jewish-hilltop-youth-as-jewish.html

Updated April 22, 2018 with video of  kidnapping (?) of hilltop youth by undercover agents dressed as religious settlers in a car with bumber stickers in Hebrew saying "no Arabs no attacks" etc. (H)

Is the real purpose of this Division to find Jewish terrorists or to create them by provocations?

It can be sensibly argued and there is enough proof that the Division for Jewish Terrorists works closely with political, legal and military authorization to try very hard to provoke the Hilltop Youth and their friends in order to prove that they are part of a terrorist group. Seems like a leftist agenda extending into center based political leanings who are threatened with a religious agenda. Basically trying to  neutralize the nationalist right religious. 

Destroying  homes built with love, destroying their temporary wooden structures they  built on a hilltop, coming right before Chag coming on Shabbat or immediately before Shabbat all seems to suggest that these are political provocations to suppress their agenda of Settling hilltops in Judea and Samaria rather than trying to prevent Jewish terrorists and dangerous terror attacks on innocent Palestinians. 

Any wonder why the kids resort to throwing stones and burning tires to obstruct this immoral albeit "legal" operation authorized directly or even indirectly by the Government of Israel? 

One can be quite certain that any angry response by this group to this provocation will be filmed and documented to provide backup evidence that these kids are potential terrorists and ticking time bombs.

How would any of the individuals  responsible for this military operation against this hilltop group, (equipped with anti riot gear,  tear gas etc who have also in the past been filmed acting quite violently towards non violent  male and/or female settler youth protests),  respond if someone came suddenly to their home and tried to demolish it?

And how long would it take for a Shabak torturer or interrogator  to confess under torture to crimes he or she,  may or may have not committed in the process of interrogations. Lets say the interrogator extracted a confession proving the suspect was guilty.  Case in point. The suspect confessed that the bottle for the Molotov cocktail he used was green and indeed a green broken bottle was found at the scene of the crime . Perhaps, after being tortured himself and the purpose now of the interrogation was to clear the suspect of wrongdoing, the interrogator would confess to say that a clear bottle was found at the scene and they, the Division of Jewish Terror of Shabak,  those trying to get a confession then tampered with the evidence, switched the clear bottle to a green bottle to be consistent with the confession of the suspects. 

If this Division was less than honorable, they in fact, might have tampered with the evidence to produce the necessary confession.  Following torture, it's hard to determine whether any confession is true or not.   If the interrogators are biased there is no integrity to this entire investigation.

The integrity of these investigators  and the investigation should be investigated to make sure that the material they produce for evidence is complete and transparent before a court of law. It should include full transcripts and a full set of videos of all the conducted  investigations against these vulnerable kids available to a neutral third party that represents both the Defense and the Prosecution!

The point here is that most likely the Division of Jewish Terror is not a neutral investigator and has an agenda.  

They like most humans would also confess to anything when threatened with torture or even might have tampered with the evidence and even tampered with selecting only the confessions that jives with their desired outcome. 

Isn't a fair and nonbiased investigation a human right for any criminal  suspect? Jew or non Jew? It seems like this investigetion is not neutral but working for the Prosecution. In this case Jew against fellow Jew. Would they not share confession sessions that would help these kids...confession sessions that help prove that they are indeed innocent of the Duma crime?

I would like Rabbanim and Others who are hopefully neutral and objective with no agenda to either side, evaluate and judge the validity of this investigation.

Questions to answer
  • Halachically is one permitted to rush to publicly condemn a suspect prior to a thorough investigation?  Especially if they are heads of State (Yaalon, Netanyahu, Naftali Bennett)
Devarim 13:15
טו וְדָֽרַשְׁתָּ֧ וְחָֽקַרְתָּ֛ וְשָֽׁאַלְתָּ֖ הֵיטֵ֑ב וְהִנֵּ֤ה אֱמֶת֙ נָכ֣וֹן הַדָּבָ֔ר נֶֽעֶשְׂתָ֛ה הַתּוֹעֵבָ֥ה הַזֹּ֖את בְּקִרְבֶּֽךָ:   15Then you shall inquire, investigate, and ask thoroughly, and, behold, it is true, the matter is certain, that such abomination has been committed in your midst:
  • Halachically is one permitted to delay a trial (It's been almost three years and this case is still in the summation of the pretrial stage) and the boys have been imprisoned, in isolation, unable to be together with Torah Observant community, unble to pursue education, and tortured. 
 https://www.chabad.org/library/article_cdo/aid/516683/jewish/Chapter-5-Pirkei-Avot.htm Chapter 5 Pirkei Avot
  חרב באה לעולם על עינוי הדין, ועל עיוות הדין, ועל המורים בתורה שלא כהלכה. 
The sword comes to the world for the procrastination of justice, the corruption of justice, and because of those who misinterpret the Torah.
  • Halachically is any self confession let alone a confession following torture permissible? Yevamos 25b
Meanwhile, let us collectively call on the President or Prime Minister to pardon Elisha because he by all accounts didn't participate in any crime and at worst was an accomplice in planning. Does that deserve years in prison in isolation and torture? Compare this sentence with an teenage Arab terrorist with blood on his hands. Compare his treatment with all the students in David Bedeins documentary of UNRWA schools who willingly admitted to wanting to stone, stab, run over, kidnap, throw molotov cocktails etc and be a martyr. 

The Legacy of UNRWA https://www.youtube.com/watch?time_continue=7&v=GIEHoBxn8tU

As for Amiram Ben Uliel, I would seriously question the entire biased investigation.  The delay in his trial is an obstruction of Justice in and of itself. The torture probably as well.  He too deserves a fair trial to determine if indeed there is any truth to the charges and if not let his name be cleared and those responsible for any obstruction of Justice be held accountable so that it is not repeated on some other hilltop youth victim.

It is completely plausible that this arson was perpetrated by feuding Arab clans as have other arson attacks in this village and that Hebrew Graffiti was painted on the burnt house by the perpetrators and their collaborators to frame Jews. Surely they investigated Arabs and not only Jews! If Arabs were investigated will the court order that the testimony be shared by both Defense attorneys as well as Prosecutors. Will Shabak share the Arab testimonies if it exonerates the Jewish suspects or only if it proves their guilt? Does the Division of Jewish Terror only work for the Prosecution of Jews?

Is there collusion between the Shabak, Political Leaders, Defense Leaders, and the Courts that is a deterrant for a fair and neutral investigation and is there  a predetermined verdict to further a political Agenda?

ציון במשפט תפדה ושביה בצדקה

Surely is not the time to be humble.  See what HaRav Moshe Feinstein wrote in  Iggerot Moshe regarding a rendering of a Psak to help a women in danger of divorce.  Wouldn't he agree that one should not be humble in speaking up when it's a matter of Pidyon Shvuyim and Pikuach Nefesh?


....Rav Moshe wrote these words in 1934, when he was a young man and certainly not considered a Torah giant by the gedolim of that era. Rav Moshe was addressing the question of whether a woman may immerse in a mikvah using earplugs; she would not immerse without them, and that would lead to this couple getting divorced.
Rav Moshe wrote a total of six teshuvot (Iggerot Moshe, YD 98-103) on this issue. These teshuvot represent the longest collection of teshuvot on a single topic in all of Iggerot Moshe. Rav Moshe presents a novel analysis of the question, and permitted the woman to immerse in this manner so as to avoid divorce.

see Gittin 56, which states, “Because of the humility of Rabbi Zecharya ben Avkulas, the Beit Hamikdash was destroyed”; why does it say “his humility” and what does that incident have to do with humility? See the comments of Maharatz Chayot there for a correct interpretation—This, indeed, is what results [from these types of failures to act], and we are compelled to rule [leniently] even for practical application when we deem it appropriate with evidence and clear understanding, and particularly in a serious matter of leaving a woman without a husband or avoiding a severe temptation.

Rav Moshe’s citation of the Maharatz Chayot is central to understanding his view. The Talmud tells us that Rabbi Zecharya ben Avkulas could have prevented the destruction of the Second Beit Hamikdash, since he had a halachic basis for permitting one to bring an invalid sacrifice under certain circumstances. This could have avoided insulting the Roman emperor who sent an invalid animal as a sacrifice. The Maharatz Chayot (Gittin 56a) states:

We see from this that the rabbis thought that the manner of Rabbi Zecharya was not proper, as he felt that such sacrifices could be brought [and he should have so stated]. . . However, because of his great modesty, he did not have the strength to act according to his views halachah lema’aseh [and save the Jewish people]; rather, he was afraid that other rabbis would accuse him of permitting activity prohibited by halachah, and he did not think of himself as a great enough sage to permit people to act according to his understanding of the halachah. He thought that these types of decisions were left only to the wisest of the generation (gedolei hador) [when in fact, he should have acted].

...

Rabbi Michael J. Broyde is professor of law at Emory University School of Law in Atlanta, Georgia, and a dayan of the Beth Din of America.

This article was featured in Jewish Action Winter 2010.

Thursday, April 19, 2018
Urgent! Pidyon Shvuyim! Pikuach Nefesh! A Cry for Help from Naama Odess the Mother of Incarcerated Elisha Odess to help spread the word and lobby and write letters to help free her Son Elisha
https://shemittahrediscovered.blogspot.com/2018/04/urgent-pidyon-shvuyim-pikuach-nefesh.html

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