Press Conference with Naama Odess sponsored by Chabad Women for the Safety and Integrity of Israel in Crown Heights April 29, 2018, notes and thoughts by Robin Ticker
"We were in shock" says Naama Odess with the unfolding of this whole story. Yes they heard of what happened in Duma as did everyone and initially assumed it was something Arabs did to other Arabs. It was a sad situation but Naama didn't at all feel that they or anyone else they knew, was associated with the arson attack.... They were surprised to hear that it was assumed to be a Jewish Terror attack.
Now they strongly feel that there is much more to this Duma blood libel...
There are great political implications in this case.
The System will not admit that there was anything wrong with the rush to condemn, the investigation, the indictment and the trial.
Initially Naama and her husband figured that the investigation against their son will run its track, come up empty handed, with no evidence and the entire story will disappear. They quietly and patiently waited for the investigation to unfold.
The Odess's finally realized that the investigation wasn't interested in getting to the truth and it dawned on them that the government was willing to sacrifice, without a conscience, a few kids, their kid, to be scapegoats of a political agenda.
It was totally plausible that Elisha could continue to sit in jail indefinitely for a crime he did not commit.
Finally, Naama and her husband Moshe decided to go public. They saw how the investigation was proceeding as a blood libel. They started giving interviews and share the story with the public hoping that the public would ask logical questions and demand answers. Let the people be the judge. This approach has been going on for the last 6 months and it has been very effective. People are beginning to wake up to the magnitude of serious Nationalist crimes in the making (where the Hilltop youth are the victims and not the perpetrators).
Naama was brought up in Israel and is both an Australian and an Israeli citizen. She is an educator. Her parents made Aliya from Australia, her mother is a psychologist and her father is an immunologist. Naama's husband Moshe, Elisha's father, is a Rabbi, an educator, and an American citizen (as is Elisha). Initially Naama didn't want to speak out publicly. She let her husband do the talking. It was too emotionally draining for her . But she helped her husband and soon she too spread the word and to give interviews as well.
We asked Naama what can help to bring about change to this case. She replies that hopefully reaching out to American Jewry will make a difference! The more buzz coming from various places the better. No one should feel that their efforts are of no use. MKs do care what the people are saying and what the Rabbanim, politicians, and media are saying. But The government in Israel does deeply care about what they are saying outside of Israel. Apparently in Israel everyone of great connections is afraid to speak . There is a barrier. No one wants to touch this case and they are hitting a brick wall.
Some of the information related to the investigation is under gag order. Naama says it's to protect the investigation. Perhaps to protect Shabak's methods. According to Naama, there is no transparency and no accountability of this investigation in spite of fake news reports reassuring the public that there is.. The Division of Nationalist Crimes of Shabak hides behind a partition when they testify. The evidence they produce is not verifiable. Naama said that they have not seen recordings nor videos of the interrogation but rather summary reports the interrogators provided as per what they deemed ware relevant. Elisha's lawyers are not privy to material in closed folders given only to the Judges and MKs. Who can tell what information is provided in those folders? How do we know blackmail isn't in them? Her feelings are that the gag order is not in order to protect the kids nor the investigation process but rather to protect the proceedings from those who might question its integrity..
Naama says that they are a typical family. She never thought that anything they did would ever make the news.
Elisha is child number 6 bli ayin hara. Naama described her son as someone with Yirei Shamayim (fear of G-d), has Kibud Horim (respectful of his parents), energetic, quick to smile, very smart, respectful. Naame described her son as a kid who loved the petting zoo and spend much there as a kid. No behavioral issues. When he was younger he was diagnosed with ADHD and was put on Ritalin As he grew older he didn't really like being on the medication because he said it didn't make him feel like himself. He took it in the morning and as the day went on, the medication wore off so he could tell the difference.
He did extremely well in elementary school academically and got into every Yeshiva for High School. He chose Yeshiva Beit El, considered a top Yeshiva. He dormed like most kids did in Yeshiva.
Now that he was older and taking responsibility for his medication in a school dormitory he decided to go off it. In High School he was waking up late for minyan etc. breaking some rules...At the end of the school year he was asked not to come back. Perhaps, his not wanting to participate to celebrate Yom HaAtzmaut was part of their consideration..
He begged to come back and agreed to follow the rules but they weren't interested. He tried another Yeshiva for another 6 months but it didn't work out [I was told once by a Yeshiva Principal that it was his experience and the statistics seem to back it up, that the likelihood of kids sticking it out in a subsequent Yeshiva after they are thrown out of one Yeshiva is low. They lose trust in the system and in themselves and it's hard to rebuild that trust. This in of itself is traumatic for a kid but that is for a different discussion.. my comments.]
They consulted with Menifa, an Israeli organization that helps create individualized educational framework for kids that have fallen out of the system. Elisha joined the hilltop youth. [in America he would have joined the streets and been exposed to drugs, alcohol and promiscuity. I suppose he was more fortunate. On the Hilltops they learned, davened, shepherded, and farmed and merely had to deal with police harassment. My comments :)] There he felt connected. Naama's husband, Rabbi Moshe Odess,said let him try it. He'll miss his warm bed etc. Famous last words. Elisha stayed on the hilltops for a year and a half, working with Mike Guzofsky in Tapuach with the Israel Dog Unit, doing dog training and rescue, and lived in Yitzhar, studied for his matriculation exams, lived on the hilltops shepherding, farming building etc. His parents had discussions with him about Price Tag Terror and he assured his parents that he wasn't doing anything illegal. His parents trusted him and still do that he was and is telling the truth.
The hilltop youth were harassed regularly by police. Elisha told his parents "You need Mesirut Nefesh for Eretz Yisrael and Am Yisroel."
At 16 1/2 things seemed to be calming down. He was studying for his matriculation exams and wanted to apply to Yeshiva Gedolah. Davka when things were settling down, that's when Duma happened. As mentioned before, Naame said they were very surprised it was Jewish Terrorists. They certainly never suspected their son would be accused of being involved. Within barely a few hours of the Duma arson, Tzahal declared it was a Jewish attack. There literally was no time to investigate and get to the facts but the reports said they were 100 percent sure is was done by Jews. The President said "My countrymen chose Terror. We know who did it!". If you want to read the extent of condemnation that spread like wildfire from the get-go see this link. https://shemittahrediscovered.blogspot.com/2016/01/campaign-to-divide-and-conquer-yesha.html?m=1
Evidently they really did not know who did it. When they gathered evidence the Arabs said they saw two people. Another said 4 people. Some saw a car come and leave. What happened to all this Arab testimony that contradicts the Shabak version.
Let's return to Naama's account. The following happened after the arson attack in Duma and the police were rounding up the hilltop youths.
Elisha was working with his older brother on a contracting job. They came with 8 vans to arrest this 1 kid. Exaggerated Intimidation tactics at its best.
She said that 12-14 guys came to their house with a search warrant. Her husband went with them as they searched the house looking for evidence that Elisha was a terrorist, Naama stayed with her younger son who was frightened. They stayed in a closed room.. Naama had to leave the room to use the facilities and saw that the men were fiddling with the electric box. They were startled to see her.
They demanded why she came out of the room? She replied, Why can't I use the bathroom in my house? Apparently they were bugging the house. They were putting bugging devices throughout the house.
Initially when they came to get Elisha there was no charges. Publicly it was announced that they knew it was Jewish terrorists who set the arson in Duma. They didn't have to explain anything under the rules of engagement of Administrative Detention.
Naama said that this kind of behavior was typical of their modus operandi. Scare tactics, intimidation, way out of proportion.
From that roundup 3 boys over 18 were held in custody.
Eviatar Slonim
Meir Ettinger and
Mordechai Meir
"We know who did it" they had said.... about Duma
Minors like Elisha were placed under house arrest and checked on day and night (even though they were bugged and they knew and heard exactly what was happening in the house. It was harassment).
The authority rejected the families requests to allow him to leave the house occasionally. and his family were strict to abide to the house arrest...
Three and a half months later... after an Arab MK complained that they still had not brought anyone to trial after Yaalon had announced that they knew who the Jewish terrorists are...
8 to 10 police came.
They asked Naama to pack Elisha a bag. Elisha apparently never got the bag she prepared for him.
Next day they showed up in court.
Said he broke house arrest. They told judge said he was charged with assault. Naama said it was a lie. He never broke the house arrest and there was no assault. There was never any evidence brought nor was there any follow up claim to these "charges". It was false accusations in order to receive court endorsement for keeping him under arrest. The Judge was Erez Nurieli. Always the same judge. Judge apparently accepted the charges against him and detained him..
[The Prosecution, Judges, Police and Shabak seem to work hand in hand. My comments].
Within a few days, Naame said she got a call from Honenu. It was a few days after the Police had searched through her house and she was in the closet organizing her things that were touched feeling the violation of their privacy. Honenu told her that the judge prolonged the detention without Elisha being present nor with his lawyers being present in court. Honenu knew that something was terribly wrong. This violation of prisoner rights according to Honenu was never done in Israel. Naama said she felt as if a ton of bricks hit her. It was a terrible feeling knowing that something terrible was happening to her son.
The reason they requested this extension was because they were conducting Stage 1 of their investigation.
The Acco Prison Staging
This was the week of Acco prison staging.
Staged. Arab Prisoners, Jewish prisoners and guards were all Shabak.
They put him with 3 adult "prisoners" even though he was a minor. He didn't know his rights.
"What are you here for" his menacing cellmate who had a knife demanded.
Elisha says I don't know why I'm here.
One of the men "stabbed" an "Arab prisoner" in the mock prison. Elisha sees. All staged with blood and ambulance etc.
"You now know something about me" says his tough cell mate. "We need to have something on you. Give me information otherwise I'll stab you.." (approx script...)
Elisha apparently tried to admit to some "price tag terror" but that wasn't enough.
On the recording they hear Elisha coughing since he was highly asthmatic. It was hard for him to breathe..
The Shabak actors were wearing recording devices. By mistake they sent a copy of this recording to Elisha's atty.
On the recording the Shabak actors were heard talking among themselves. One said I did the best I could. That's all I can get. Another said, I would admit to killing Rabin if this pressure would be applied to me.
They wanted a confession on Duma and they didn't get the evidence they wanted.
The parents were also interrogated. Some of the questions Naama got was "how does it feel to raise a murderer?"
Stage 2
Torture is permissible if you have someone in custody who is a ticking time bomb...This is in order to stop a future act of terror.
Here this was not the case. There was no ticking time bomb as it was approx 4 months after the firebombing nor were any other "attacks" of jewish "terror uncovered… In order to extract a confession about his part in setting the arson in Duma they needed to apply extraordinary measures, i.e. torture, then later in order to justify unlawful interrogation tried to present the "ticking bomb" theory.
In the protocol the head of the interrogation when asked if there was any forensic evidence found replied no.
So where were the Jews that set the Arson they were so sure about?
They still didn't have a suspect. They got permission from Yehuda Weinstein Attorney General for special measures, ie torture. Bennett defends the ISA (Shabak investigation) in saying that they are preventing a Duma 2 and a Duma 3. Maximum time in detention without a lawyer was 21 days. Working against the clock Elisha now goes into the Shabak dungeon.
Dungeon lasting 2 weeks -- conditions
tiny cubicle underground
extremely cold
dusty and Elisha has asthma
thin straw mattress that aggravates his asthma
light on continuously
food not on regular basis
shower with trickle drops of water
18 hours straight of interrogation and torture
Emotional torture - Your father hates you. You are a disappointment to them. We arrested your mother....
Elisha confesses to the Duma arson. He said that the house that they set arson to was in the beginning of the village. He got all the facts wrong. They can't use his confession. They drop that charge. They claim that Amiram Ben Uliel tries to pick him up in a cave but sees him asleep. Ben Uliel does the arson by himself.
Elisha goes before judge NUrieli again and tells of the torture and he sends him back for another 4 days. Elisha tries to slash his wrist with aluminum foil. but later when asked by the District Attorney the Yoetz HaMishpatii if he tried to commit suicide he denies it afraid they will tie him down. They tortured him more. He admitted to throwing flammable bottles. He tells them "Just tell me what to confess".
The final indictment is that
Elisha is a member of a terror Organizations
Planned to commit acts of terror that led to the arson in Duma
responsible for various acts of Price tag terror in the past the year before including setting fire to an empty Arab shed, puncturing tires and graffiti
Naama asks. If indeed this happened and they planned the arson together and Ben Uliel comes to pick him up and he's asleep, does it make sense that he didn't just wake him up?
Elisha could have died from an asthma attack let alone from the mental and physical torture.
Allow me to digress and provide some information about the Press while this was happening. There were allegations of gross abuse by Shabak and denial from others.
The torture was denied all the time, until they were confirmed by the GSS, long after a journalist in the "Mada" newspaper, Haggai Huberman, wrote that "It is clear that many of the descriptions of torture and sadism are far from accurate. After lengthy conversations with many officials, I have reasonable grounds to believe what Justice Minister Ayelet Shaked said after examining the matter in depth with the attorney general and the heads of the GSS: Physical torture The entire process is carried out with the close supervision of the judicial system and in accordance with the law All the GSS interrogations are filmed, documented, and approved by the head of the GSS itself: The detainees have already seen a lawyer and are in regular medical condition. And in contrast to the allegations and publications, no attempt was made by one of the detainees to commit suicide....
שעיתונאי בעתון המגזר 'מידה', חגי הוברמן, כתב כי "ברור שחלק גדול מהתיאורים על ה'עינויים' והסדיזם רחוקים מלהיות מדוייקים.אחרי שיחות ארוכות שניהלתי עם גורמים רבים, יש לי יסוד סביר להאמין לדברים שאמרה שרת המשפטים איילת שקד לאחר שבחנה את הנושא לעומק עם היועץ המשפטי לממשלה ועם ראשי השב"כ: לא היו עינויים פיזיים. כל ההליך מתבצע בליווי צמוד של מערכת המשפט ובהתאם לחוק. כל חקירות השב"כ מצולמות, מתועדות, ועוברים אישור של ראש השב"כ עצמו. העצורים כבר ראו עורך דין, ומצבם הרפואי תקין. הם נבדקים בצורה סדירה על-ידי רופא. ובניגוד לטענות ולפרסומים, לא התבצע ניסיון התאבדות על-ידי אחד מהעצורים, אלא אם מישהו ייתן תשובה הגיונית איך עציר שנמצא תחת מעקב של 24 שעות ביממה השיג סכין לחתוך את ורידי עצמו". ובאמת, איך יכול היה הוברמן לשער שהשב"כ עצמו יבטל את דבריו?
THE SITUATION NOW:
Elisha is allowed to receive visitors from his family once a week for a half hour when he is behind a glass wall. He has someone in back of him listening in on the conversation and the visitor does as well. Lawyers are forbidden to meet with him privately. He is not allowed to be in an Agaf (wing) Torani, together with other religious prisoners or allowed to study and pray with a Minyan. He does not have access to a phone. He is either in isolation or with one other prisoner. Once a month they lift up the glass wall and he can have physical contact with his parents.
End of Pretrial. Trial is set for June 11th. Judges will decide whether or not forced confessions is permissible evidence.
The prosecution argues that they are using confessions that were given voluntarily and keeping the dignity of the prisoner. [not sure how being tortured protects the dignity of a prisoner nor how having the torturer in the room walking in and out while the confession is taking place, is not threatening and that the confession can be considered as having being given voluntarily]
Shabak helps prevent Arab terror so we don't want to examine their methods. However, Jew and non Jew alike should not be subject to a biased investigation says Naama.
...
