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Below is a message from R' Meilich Bindinger and R' Aron Nezri:
Dear All,
Rosh Hashana 5772 is fast approaching, and Yakov Yosef still awaits his
redemption. 3.5 years of suffering, the pain is unbearable.
We ask the tzibur to write to Yakov Yosef some divrei chizuk, your feelings
and inspirations.
Yakov Yosef can read Loshon Hakodesh and Yiddish.
All letters should preferably be typed; otherwise, they do not reach Yakov
Yosef for as long as 3 weeks.
Typed letters we immediately dispatch by email to our agent in Tokyo, who
submits them to the prison, and Yakov Yosef usually receives them the
following day.
Letters should be sent to:
japanpidyon@gmail.com
or
faxed to: (++1) 718-534-0030.
Tizku L’mitzvos
Meilech Bindinger
Aron Nezri
Rosh Hashana 5772 is fast approaching, and Yakov Yosef still awaits his
redemption. 3.5 years of suffering, the pain is unbearable.
We ask the tzibur to write to Yakov Yosef some divrei chizuk, your feelings
and inspirations.
Yakov Yosef can read Loshon Hakodesh and Yiddish.
All letters should preferably be typed; otherwise, they do not reach Yakov
Yosef for as long as 3 weeks.
Typed letters we immediately dispatch by email to our agent in Tokyo, who
submits them to the prison, and Yakov Yosef usually receives them the
following day.
Letters should be sent to:
japanpidyon@gmail.com
or
faxed to: (++1) 718-534-0030.
Tizku L’mitzvos
Meilech Bindinger
Aron Nezri
~~~~~~~~~~~
Please continue to daven for Yaakov Yosef ben Raizel.
For updates, visit www.japanpidyon.org
Dear All:
1) See report below from our leading attorney for Yoel Zev's case. The
prosecution b"h did not appeal. This proves that the acquittal was based on
powerful reasoning, giving little or no chance for the prosecution to
succeed in revoking the acquittal at the high court.
2) Please daven for Yakov Yosef be Reizel's quick transfer to Israel.
Feverish efforts to expedite the transfer procedure are ongoing - on several
fronts - may Ha-shem help us fast.
3) I request whoever can type a letter of chizuk to Yakov Yosef, in
Yiddish or Hebrew, should kindly do so without delay. A typed letter will be
allowed into the prison quicker than a written one. Send your letters to
bindinger@gmail.com. We will forward these immediately by email to our
representative in Chiba, Japan.
Thank you,
Meilech Bindinger
On behalf of Rabbi CYD Weis
And Aron Nezri
1) See report below from our leading attorney for Yoel Zev's case. The
prosecution b"h did not appeal. This proves that the acquittal was based on
powerful reasoning, giving little or no chance for the prosecution to
succeed in revoking the acquittal at the high court.
2) Please daven for Yakov Yosef be Reizel's quick transfer to Israel.
Feverish efforts to expedite the transfer procedure are ongoing - on several
fronts - may Ha-shem help us fast.
3) I request whoever can type a letter of chizuk to Yakov Yosef, in
Yiddish or Hebrew, should kindly do so without delay. A typed letter will be
allowed into the prison quicker than a written one. Send your letters to
bindinger@gmail.com. We will forward these immediately by email to our
representative in Chiba, Japan.
Thank you,
Meilech Bindinger
On behalf of Rabbi CYD Weis
And Aron Nezri
~~~~~~~~~~~~~~
The dramatic close to this chapter doesn’t bring an end to the Japan saga,
as Yaakov Yosef ben Raizel remains imprisoned. Efforts to maintain Yaakov
Yosef's status at the Chiba Detention Center until his transfer to Israel
have been productive.
According to Israeli protocol, one-third of the full sentence can be
deducted, and the remaining time can also be commuted as per their
discretion.
Yaakov Yosef could, therefore, with the help of Hashem, be released from
prison within a few months from now. Efforts are well underway towards
expediting his return home to Eretz Yisroel. All are asked to continue being
mispallel for Yaakov Yosef ben Reizel.
Yakov Yosef showed great self-sacrifice when chosing to appeal the initial
verdict he received at the District Court. Most convictions in Japan are not
appealed at a higher court. One of the primary reasons why Yakov Yosef opted
to appeal – in consultation with daas torah - was to demonstrate
unequivocally his claim of innocence, thereby hoping to influence the
mindset of Yoel Zev’s judges when perceiving him as an accomplice. (Not
appealing is – in Japan – an indication of accepting guilt.)
If not for the protracted appeal procedure, Yakov Yosef would be now already
serving time in an Israeli prison.
During the preparations of the appeal trial, several new element of defense
surfaced, additional expert witnesses were brought to Japan, and further
emphasis was placed on the unethical blindeye being given to the polygraph
examination results.
The Judges of Yoel Zev agreed to adopt most of the new defence materials
that were introduced and accepted by the judges at Yakov Yosef’s appeal
trial.
We are grateful to Yakov Yosef’s altruism, at the cost of his own comfort.
May Ha-shem repay him with a ישועה בקרוב.
In deep gratitude of Yakov Yosef's mesirus nefesh, Yoel Zev paid a visit to
Yakov Yosef's family in Bnei Brak, today Wednesday. Yakov Yosef's family
prepared a festive l'chaim in honour of Yoel Zev's release. Yoel Zev thanked
Yakov Yosef's family for the tremendous הקרבה Yakov Yosef had shown to help
his friend.
-Meilech Bindinger
~~~~~~~~~~~~~~~~~~
MAZEL TOV !!!
Japan Update: At 21:50 Israeli time, Yoel Zev arrived at Ben Gurion airport
terminal 3, on flight KE957 via SEOUL.
~~~~~~~~~~~~
I can now confirm that Yoel Zev is b"h airborne.
We were nervous in the half hour prior to flight departure. Yoel Zev had not
arrived yet at the boarding gate. After some frantic high-level phone calls
it was confirmed to us that he is checked-in, albeit not yet to be seen.
Approximately 5 minutes before scheduled departure time, Yoel Zev arrived at
the aircraft and boarded alongside Aron Nezri who was agitatedly awaiting
his arrival.
Aron passed his cell phone to Yoel Zev. We conversed for a few brief
moments. I was so relieved that this moment had arrived and elated to hear
Yoel Zev's voice.
Some quotes from our conversation (translated from Yiddish):
Me: Yoel Zev, you got us real nervous, coming so late..., where
were you?
Yoel Zev: I arrived to the airport at 8am. I was held at the immigration
detention cell where I davened Shachris, and I was only taken a few minutes
ago to the flight, where I boarded together with Aron (Nezri).
Me: It's absolutely amazing to speak to you now, sitting on the
airplane heading home. With a 99.8% conviction rate in Japan, your acquittal
was against all odds. An absolute miracle. How do we thank enough?
Yoel Zev: (emotionally) Boruch Matir Asurim. In a time of yeshuas
H-ashem, the gates of heaven are wide open, It is now an auspicious time to
daven for my friend Yakov Yosef ben Reizel who remains in Japan and awaits
salvation.
Yoel Zev: I'm now about to eat the first certified kosher food since I
arrived in Japan three and a half years ago. Boruch Atah ... Shehakol
Niheyeh Bodvoroi.
Background: Please turn off all mechanical devices ...
I can also confirm receiving a photograph of Yoel Zev, aboard the home bound
flight, smiling contentedly, with a sefer on his armrest.
May we be zoche to always share besuros tovois.
Meilech Bindinger, Antwerp
~~~~~~~~~~~~~~~~~~
בס"ד
Dear Yidden around the world;
חסדי ד' כי לא תמנו:
Monday 29th August:
After our report (29.08), that the Chiba District Court ruled in favour of
the defense, and handed down a full acquittal ב"ה for Yoel Zev נ"י, we were
still pensive and unsure whether the Prosecution Office would appeal the
‘non guilty’ verdict at the Tokyo High Court.
The prosecution office had 14 days in which they could do so.
The tzibur were asked to continue to be mispallel for Yoel Zev ben Mirel
Risa Chava, for his safe return home.
As explained previously, immediately after the court session was adjourned,
immigration officials took Yoel Zev into their custody on account of
overstaying his 90-day visa in 2008.
With abated breath, delicate efforts began to determine the stance of the
prosecution, and to convey a legal insistence to the Tokyo High Court to
abstain from accepting any plea attempt.
Likewise, the defence attorneys prepared a petition against detention, to be
immediately submitted to the High Court in the event that an appeal is
filed.
Based on the magnitude of the case and the large amount of compelling
evidence, we sincerely hope that the Prosecution Office will decide not to
appeal. The Prosecution Office tend to shy away from appealing a verdict
which they suspect would prove difficult to overturn. In Japan, losing an
appeal is deemed an embarrassment. Additionally, Judge Hadoko who handed
down the ‘non guilty’ verdict is one of Japans elite judges. This could mean
that it is too big a challenge to try to overturn his verdict. The High
prosecution office know him well, and would not try to slap him in the face
when there's a chance of losing.
Feverish Preparations
Tuesday 30th August:
8 am: An explanation stating the cause of Yoel Zev’s delayed exit from Japan
was prepared by the legal team, and presented to the Investigation Division
at the Immigration Office.
10 am: At the Immigration Office, officers at the investigation division
opened a file for the deportation of Yoel Zev and after a questioning
session, asked Yoel Zev to sign some documents.
During his detention, Yoel Zev has amassed a library of seforim and
clothing, sent to him by the askonim and his family. To avoid delays at the
airport due to excessive baggage, we removed the bulk of Yoel Zev’s
belongings from the immigration centre.
Yoel Zev נ"י has for the first time since 03 April 2008 held a telephone
conversation. We acquired several telephone cards allowing Yoel Zev to speak
freely to his family, rebbes, and friends.
Wednesday 31st August:
We understood from officers at the Immigration Office, that the
investigation phase of Yoel Zev’s deportation process was completed, and at
2 pm the report was submitted to the Decision Department. Yoel Zev was not
asked to sign any additional documents.
Thursday 1st September:
Defense attorneys contacted Decision Officers at the Immigration Centre to
ask them to furnish us with the necessary exit permit without delay.
Yoel Zev’s spirits are high and hopeful b”h.
Much red-tape is involved in the allocation of tickets, airlines consent to
carry a deportee, and appropriate travel route.
Our travel agency, based in USA, made provisional contingency plans, holding
seats on several flights to various destinations, on each day since Yoel
Zev’s acquittal, so that when the exit permit would be granted, the seats
would be immediately available.
Friday, 2nd September:
Mr Ozawa, a defence attorney, called the Immigration Office at 10am. The
decision officer told him that the decision is underway. Upon pressing for
swifter action, he was told “if you call in the afternoon my answer will be
the same!” Mr. Ozawa says this means they will not be rendering a decision
today, and they will probably give it on Monday coming.
Mr. Nakayama, a Japanese member of parliament who has befriended the
askonim, explained that since a new government is being established today,
many officials are absent due to the commotion, which in turn could be the
reason for the delay in receiving the exit permit.
Mr. Kuroda, a friend we have who is well acquainted with officials at the
Japanese Ministry of Justice, cautioned that the delay is perhaps due to the
Immigration Office having contacted the Prosecution Office to ask whether
they should release Yoel Zev.
Officers at the Immigration Office claim that there is nothing holding up
issuing the Exit Permit. They presented a chart of the procedure and showed
where they are up to now. They added that there would be no chance of
getting a decision today. Shabbos and Sunday the Immigration Office is
closed. It is hoped that on Monday they will have their decision, and send
it to the Deportation Department.
Upon the requests of MK Eli Yishai, representatives of the Israeli Embassy
held a meeting with Aron Nezri to discuss strategy, prior to their meeting
with investigation and decision officers at the Immigration Centre, and
tried to press for a Deportation Order to be issued today, Friday. However,
they explained to us that this would not be possible until Monday.
Meanwhile we have arranged backup seating available on outgoing flights on
Monday night and on Tuesday morning.
In Eretz Yisroel, the Beis Din of the Edoh Hachareidis issued a new
proclamation requesting klal yisroel to daven for the quick release of Yoel
Zev and quick transfer of Yakov Yosef.
In Japan there were ב"ה some positive indications. Yoel Zev’s passport and
some other personal belongings that were confiscated by the Prosecution
Office at the time of arrest were returned to him.
This is a good sign, but not necessarily an indication that the prosecutor
will not appeal. The defense attorneys advised that although the prosecutor
cannot hold on to an acquitted subjects personal belongings; nevertheless it
is still a positive sign. We remain cautious.
On another note, Japan appointed a new Justice Minister on Friday. He
announced that he would not sign any death penalties.
After consulting with leading poskim, Yoel Zev was instructed to sign any
release papers presented to him on Shabbos. Similarly, Yoel Zev was allowed
to travel on Shabbos if the need would arise.
Shabbos - Sunday, 3rd - 4th September:
A sholom zochor was held on Shabbos at the home of Chabad Shliach Rabbi
Binyomin Edery for the birth of his newborn son. The Bris Milah took place
on Sunday. The baby was named “Nissim Ariel”; Nissim in commemoration of
Yoel Zev’s sudden - and to many also unexpected - acquittal. A few guests
from Los Angeles had come for shabbos to take part in the bris.
On Sunday, Typhoon Talas swept through west Japan, this affecting many
inbound and outgoing flights.
Monday 5th September:
As on every day, Aron Nezri visited Yoel Zev at 9 am together with a defence
attorney, to clarify the status of the procedure and guide Yoel Zev further.
Relief!
At 10 am the deportation order was finally issued and presented to the
deportation department for execution.
New air tickets were purchased. Scheduling of deportation escorts were put
in place.
Tickets for accompanying father and askonim were now secured.
A frenzied but fulfilling day.
Tuesday 6th September:
Flight to Freedom אי"ה:
The long awaited day has finally arrived, 6th September 2011, Tuesday
morning in Japan, Yoel Zev will all being well be allowed to travel home.
Security personnel from the deportation division of the Immigration Centre
will escort Yoel Zev from the Tokyo Immigration Centre to the Narita
International Airport. At the airport, he will be detained in an immigration
cell until the boarding time of his flight out of Japan.
After all passengers have already boarded, Yoel Zev will be brought to the
door of the aircraft flanked by two officials from the Tokyo Immigration
Office.
Once Yoel Zev boards the aircraft he is a free man, and once airborne we’re
sure he will taste the freedom that we have all longed for.
May we all be zoche to חירות עולם with the coming of משיח בב"א.
Contrary to some rumours, no country seeks extradition of Yoel Zev.
Together with Yoel Zev on the flight will be, his father, Aron Nezri who has
carefully coordinated the immigration procedures, and a friend of the family
who has spent many months visiting the bochurim during the last three years.
Yoel Zev will be departing from Japan during the course of the morning and
is scheduled to arrive in Eretz Yisroel on Tuesday night.
We have exercised caution when selecting what kosher food Yoel Zev will eat
during his flight to freedom, after not having consumed a morsel of poultry
and meat for almost three and a half years.
Current Status of Yakov Yosef ben Reizel:
The dramatic close to this chapter doesn’t bring an end to the Japan saga.
Yakov Yosef remains imprisoned על אדמת נכר.
We have therefore planned no public celebration, eventhough the simcho and
Kiddush H-ashem would call for one, since Yakov Yosef is not yet home …
Efforts to retain Yakov Yosef's status at the Chiba detention centre until
his transfer to Israel were ב"ה productive.
According to Israeli protocol, one third of the full sentence can be
deducted, and the remaining time can also be commuted as per their
discretion.
According to this, Yakov Yosef could אי"ה be out of prison within a few
months from now.
Efforts are well underway towards expediting his return home to Eretz
Yisrael. Please continue to be mispallel for Yaakov Yosef ben Reizel.
In Conclusion:
On behalf of Dayan Chaim Yosef Dovid Weis of Antwerp, we have so far
dedicated three and half years to the defence efforts of the unfortunate
bochurim. We hope to soon pick up our lives from where we left off.
We are deeply grateful for the support and cooperation of:
* Attorney, Mr. Rex Beaber (Los Angeles),
* Dr. Yamamura (Osaka, Japan)
* Ex D.E.A. agent, Mr. Mike Levine (NJ, USA),
* Prof. Daniel Aldrich (West Lafayette, Indiana),
* Prof. G. Ben-Schachar (Jeruslaem),
* Prof. Sacha Stern (London),
* Rabbi M.D. Niederman (Williamsburg),
whom, amongst many others, provided expert live testimony and dissertations
to the court in defence of the bochurim, and played a major role in securing
Yoel Zev’s acquittal. An exhaustive list would be quite impossible. We are
indebted to so many.
We won’t easily forget the electrifying moment when the judges proclaimed in
Japanese “You are innocent” and the court appointed translator repeating to
Yoel Zev “אתה זכאי”.
May we all be זוכה בדין in the upcoming ימי הדין, and may we hear only
besuros toivois and simchos in our midst.
Aron Nezri, London - Currently in Tokyo, Japan
Meilech Bindinger, Antwerp
~~~~~~~
Please continue to daven for Yaakov Yosef ben Raizel who awaits his transfer to Eretz Yisroel.
~~~~~~~~~~~~
Dear Yidden around the world;
חסדי ד':
Bechasdei Shomayim, we and the defence attorneys are glad to report that the Chiba District Court ruled in favour of the defense, and handed down a full acquittal ב"ה for Yoel Zev נ"י.
Immediately upon hearing this good news, we exited the court room for a few moments, to convey the besuro tovah to the multitudes of Acheinu Bnei Yisroel who were waiting in suspense for the outcome.
Upon hearing the judges verdict we were choked with emotion and couldn't elaborate. We can now, after closing of the court session, provide more details of what transpired today, try and reflect on the chasodim geluim, and pray for further siyata d’shmaya.
Justice Prevails:
We congratulate the Japanese Judiciary for diligently seeking the truth, and carefully analysing the many diverse element of defense, - many of which are new concepts to the Japanese - and thereby succeeded in delivering the long awaited innocent verdict.
Prior to Court Session:
Ten minutes before the court session commenced, the leading defence attorney accompanied us to visit Yoel Zev at a meeting room under the court house. Through a glass pane we could communicate with Yoel Zev. It was difficult moments. We didn’t know what words can be said. Looming ahead was G-d forbid a possible guilty verdict of a 15 years prison sentence in addition to a penalty of ¥5,000,000.00 (equating to $65,000.00).
After having experienced the disappointment of the verdicts handed to the two other bochurim, Yossi and Yakov Yosef, it was challenging to find the right words of encouragement.
(Yossi, the only juvenile of the three, received a sentence of 5 years, which was what the prosecution had requested from the Judges. Yossi has since been transferred to Israel, where his sentence was commuted under conditions and supervision of the Israeli prison authority.
Yakov Yosef, the younger of the two adult bochurim, received a 6 year prison sentence from the 13 years demanded by the prosecution. He is pending transfer to Israel. The transfer procedure is well underway.)
What can one say to Yoel Zev moments before his verdict, after having faced the fact that his two friends were handed a guilty verdict?
We tried our best to prepare him for every eventuality, carefully using only positive quotes of Emunah and Bitachon, and hoping and praying for the best.
We were most relieved by Yoel Zev’s attitude. Yoel Zev said in his innocent manner: “I don’t know what the material judge will tell us today, but the celestial Judge, shofet kol ho’oretz, will certainly rule innocent”.
Court Session:
Upon the judges’ entry to the court room, and the customary Japanese bows, the Judge summoned Yoel Zev, using his first name 'Yoel' - uncommon in Japanese courts formalities - and asked him to stand at the pulpit directly in front of the judges.
The judge immediately announced – in Japanese - the verdict: “You are innocent”. Our personal translator, sitting alongside us, quickly told us in jubilation the courts verdict. The court appointed translator then translated to Yoel Zev “Atah Zakai”. Upon hearing these words, Yoel Zev’s father, ourselves, and other yidden with us, shed tears of jubilation. The relief is indescribable.
Basis of Verdict:
The judge then went on to expound his verdict in detail, on the basis of the defense material, explaining how he concluded his judgment, finding Yoel Zev to be ‘not guilty’.
(Visit www.japanpidyon.org for details.)
Closing of Session:
The presiding Judge then apologised – in the name of the Ministry of Justice – for the protracted trial procedure, mentioning that he was sorry that it had taken from April 2008 until August 2011 to deliver the innocent verdict.
At the court room today was present the father of Yoel Zev, whom after the judges left the court room, in an emotionally charged atmosphere, immediately recited the brocho one hears upon learning of good tidings, “Hatoiv vehametiv”.
This was followed by a quick succession of handshakes and congratulations between Yoel Zev, the defence attorneys, the askonim, and on looking well wishers.
Yoel Zev was then escorted from the court room flanked by two officials from the Tokyo Immigration Office.
Post Trial Procedures:
We accompanied the leading defense attorney to the Chiba Detention Center to try to meet with Yoel Zev and to guide him on the procedures to follow, however we were pleasantly surprised to learn that we could no longer obtain an audience with him at Chiba since he is immediately being transferred, with all his belongings (clothing and seforim) to the Tokyo Immigration detention centre.
In line with standing practice, immigration officials have taken Yoel Zev into their custody on account of overstaying his 90-day visa in 2008. An explanation to the immigration office stating the cause of Yoel Zev’s delayed exit from Japan was prepared by the legal team, and handed to Yoel Zev this morning (before the verdict), in hope of this eventuality. Attorneys are hopeful this matter will be rectified in an expeditious fashion and that he will be able to leave the country without further delay.
The prosecution office has 14 days in which they could to appeal at the Tokyo High Court the district court’s decision to release Yoel Zev.
The choshuve tzibur are asked to continue to be mispallel for Yoel Zev ben Mirel Risa Chava, for his safe return home.
The efforts to achieve today’s verdict were a culmination of so many kind hearted Yidden, across a broad spectrum, at the helm, Dayan Chid”o Weis of Antwerp, Hagras”h Wosner Shlita, Munkatcher Rebbe Shlita, HaRav Grossman of Midal Emek, Rabbi Y D Bleich of Kiev, Rabbi B Edery of Tokyo, and lhvbchlc”h Rabbi Aba Dunner z”l, among many other Rabonim, dignitaries, professors, lawyers, and activists from within the Jewish community. An exhaustive list would be appropriate but quite impossible. We are indebted to them all.
Current Status of Yakov Yosef ben Reizel:
Efforts to retain Yakov Yosef's status at the Chiba detention centre until his transfer to Israel were b”h productive.
According to Israeli protocol, one third of the full sentence can be deducted, and the remaining time can also be commuted as per their discretion.
According to this, Yakov Yosef could be out of prison within a few months from now.
Efforts are well underway towards expediting his return home to Eretz Yisrael. Please continue to be mispallel for Yaakov Yosef ben Reizel.
May we hear only besuros toivois,
Aron Nezri, London
Meilech Bindinger, Antwerp
Currently in Tokyo, Japan
~~~~~~~~~~~~~
Bechasdai Hashem Yoel Zev was found innocent!! We must continue to daven that everything goes smoothly.
Please continue to daven for Yaakov Yosef ben Raizel as he awaits a transfer to Eretz Yisroel.
Verdict for Yoel Zev to be announced!
The final verdict for Yoel Zev Ben Mirel Risa Chava is scheduled to be announced Monday, August 29th, 1:30 PM Tokyo time (Sunday night 12:30AM EST).
All are urged to daven and donate as a z'chus for the boys.
Please continue to daven for Yoel Zev ben Mirel Reesa Chava and Yaakov Yosef ben Raizel.
For a full update or to donate visit www.japanpidyon.org
Call 718-534-0030
~~~~~~~~~~~
As we reported at the time of the verdict, there is a prisoner transfer agreement in place between Japan and Israel, and thus, according to Japanese law, a prisoner legally need not be held even one day in Japan but can be transferred to his own country. The reality however, is far different. Transfers usually take a long time to actually take place, as was the case with Yossi, the youngest of the three boys who were arrested at Narita International Airport over three years ago.
With Yaakov Yosef, who is not a minor, time was of the essence as he was in the very real danger of being sent to a harsh prison labor camp where, aside from the great physical suffering he would have to endure, he would be unable to perform even basic mitzvos such as keeping Shabbos, wearing tefillin, etc. Askonim had no time to waste and immediately set to work setting the transfer process in motion, accomplishing in four weeks what usually takes several months’ time to put into place.
One of the askonim has returned from Japan two weeks ago where certain matters of bureaucracy and red tape were settled.
The initial step was for Yaakov Yosef to sign a waiver to any further appeal. Since Yaakov Yosef knew that once he signed this document he would officially be considered a prisoner of the State and would no longer be allowed visitors on a daily basis as he had been previously receiving, he waited until his father left a week after the trial to sign the document so that he would be able to see him as often as possible until his departure.
Complications also arose due to the fact that the appeal had taken place in the Tokyo district but the detainee was being held in the Chiba district. Thus, important documents needed to close the case were sent back and forth between the Tokyo High court, the Tokyo High Prosecutors Office, the Chiba District Prosecutor’s Office, and the detention centre. The lawyers and askonim were kept very busy applying pressure to any and all parties involved, and succeeded greatly in accelerating the process at a speed as yet unprecedented in any such cases. The argument was that due to the detainee being held in the Chiba Prefecture, it falls under the Chiba’s Prosecution Office’s jurisdiction. The Chiba Prosecutors Office claimed that the case was dealt with by the Tokyo High Court and was taken over by the Tokyo Prosecutors Office, and therefore they are responsible for the case. This case was very unusual, as all detainees attending trial in Tokyo are transferred to the Tokyo detention centre, but in this particular case, as mentioned in the past, a special request was made to keep Yakov Yosef at the detention centre in Chiba due to the special care that he gets there that he would not receive on Tokyo, and the high court judge gave a surprising ruling in Yakov Yosefs favor.
Another issue that arose was with the document that Yaakov Yosef needed to sign where he requests from the Japanese Ministry Of Justice his wish to be transferred to Israel. Yaakov Yosef’s biweekly medical checkup was scheduled to take place on Wednesday, the first day of Shavuos. During their medical examinations, the boys are allowed to make requests to the prison authorities in writing. As Yaakov Yosef knew he would be unable to write on Yom Tov, he requested that the examination be postponed. The authorities did not agree to this, and they presented to him the transfer request for signature on Yom Tov. An argument then ensued as to whether they would need to wait for the next medical exam two weeks later to have him sign the document, or whether they could come at any time to have him sign. Thankfully, he did not need to wait the two weeks and was able to sign immediately after Yom Tov. There was also disagreement as to where the bill for the fine levied on Yaakov Yosef was to be presented for payment, again having the Tokyo and Chiba Prosecution Offices throwing it at each other. At the end, it was determined that the Tokyo Prosecutors office will issue the bill and the lawyer would be allowed to pay on Yaakov Yosef’s behalf, which he did straight away.
At this time, documentary procedures both on the Japanese side and the Israeli side have been completed, and the review process is underway. Both sides need to review the documentation of the other country; i.e. the Japanese will want to know where in Israel the prisoner will be taken, at what point will he be allowed to request being released,etc. Then a contract will need to be drawn up between the two countries, and certain conditions may be included. Correspondence between Japan and Israel does take some time, although askonim have been assured that the process will be handled as expeditiously as possible. We can only pray and wait.
Perhaps most significant was the achievement of having Yaakov Yosef remain in the Chiba Detention Center as opposed to being transferred to a prison camp. The askonim explored every avenue possible to accomplish this. Firstly, they used the fact that Yaakov Yosef had been allowed to remain in Chiba during the appeal at the Tokyo High Court despite the fact that protocol dictated that he be transferred to the detention centre in Tokyo as a precedent. They argued that if the court agreed that conditions in the Tokyo detention centre would be too difficult for the defendant whilst awaiting trial, how much more so must they agree that he would not be able to tolerate conditions in a prison labor camp! Additionally, since Japanese law dictates that Yaakov Yosef need not be held in Japan at all but can be transferred to his own country to serve his sentence, why should he enter the six – month training program that all prisoners must undergo to prepare them for prison camp if he will not be remaining in Japan in the long run?
With much thanks to the Ribono Shel Olam, Yaakov Yosef was allowed to remain in the Chiba Detention Center, in the same room that he was in until now, where he has all his seforim and other items which are important to him. However, certain prison rules have been imposed upon him, making his stay much more difficult. Firstly, he is limited to only two visits per month, while previously he had been receiving visitors almost daily, whether family, askonim, individuals passing through the Far East on business, or Rabbi Edery, the Chabad shaliach to Tokyo who is certainly earning his Olam Haboh with his untiring dedication to the boys. These visits served to keep the boys in a positive state of mind and their spirits up so that they could endure. Askonim, were able to have Rabbi Edery listed as Yaakov Yosef’s religious chaplain so that he could visit him weekly in this capacity. This means that besides two visitors that he’s allowed every month, he can receive a weekly visit from Rabbi Edery as a Rabbi. Rabbi Edery can also visit in the capacity of a regular visitor, visiting twice every month, besides his weekly rights as a Rabbi.
Even worse is that Yaakov Yosef is no longer allowed to purchase or receive food such as bread, fresh fruit, and preserved fruits from the canteen. The prison rations are extremely meager as it is, and given Yaakov Yosef’s kashrus constraints he was not getting nearly enough food to survive. He became very weak and ill as a result, until lawyers, askonim and others were able to get through to the prison authorities the fact that while other prisoners might purchase luxury edibles such as chocolate, chips and biscuits in the canteen, Yaakov Yosef was using his canteen purchases as a means of survival. Although he did not receive permission to continue purchasing food, his rations were supplemented somewhat.
In a clear and unbelievable manifestation of Hashgocho Protis, the prison authorities did not force him to shave his facial hair as they do all prisoners; rather, they offered him the option of being shaved as they knew that his religion did not permit it. Regarding Yaakov Yosef’s tefillin – while until now he was able to use them as long as he desired, he is now given them for one hour a day. Although the authorities initially only wanted to allow one half hour per day, askonim were able to stretch it to a full hour and arranged that that hour be in the early morning so that he can daven Shacharis.
Although Yaakov Yosef was previously weak, his spirit is unbelievably strong. He has written several powerful letters that would put our own emunah and bitachon to shame.
As for Yoel (Zev) ben Mirel Risa Chava, he too is still sitting alone in his cell, awaiting his final verdict which is scheduled for August 29th. The weather in Japan is extremely hot and humid, much worse than what we are used to. Rabbi Nezri, who was there just two weeks ago, said that it is simply difficult to breathe due to the tremendous heat and humidity. Neither Yaakov Yosef or Yoel Zev have any sort of air conditioning, or even a fan, but in the meeting room where they meet with visitors there is air conditioning, and therefore everything is done to get them to the meeting rooms with visitors or lawyers as frequent as possible to give them relief and some enjoyment of relaxation. The short time spent in a small enclosed area outdoors that they allowed twice a week provide little or no relief.
What more must we say? Yaakov Yosef and Yoel Zev are still suffering and are by no way in vacation spirits yet! Please remember, that whilst you are planning your summer vacation, the bochurim jailed in Japan are still languishing in detention! Please don't go on vacation without taking their plight with you in your heart.
We must pour out our hearts in tefillah to Hakodosh Boruch Hu that Yaakov Yosef be transferred very quickly and that we should merit a positive verdict for Yoel Zev, thus sparing him from further suffering. Please continue to be mispallel for Yaakov Yosef ben Raizel and Yoel (Zev) ben Mirel Risa Chava, so that we may hear good news soon.
Join the tehillim teleconference on behalf of the boys, and spread the word to your family and friends.
THIS SUNDAY NIGHT, August 7, 9:00 pm EST
718-258-2008 option 9 selection 9
To donate: call 718-534-0030
or visit www.japanpidyon.org
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Let Us Not Forget Our Brothers Who Sit Alone.
Join the massive tehillim teleconference on behalf of
Yoel Zev ben Mirel Risa Chava
whose verdict will be announced on August 29th
and
Yaakov Yosef ben Raizel
who awaits a transfer to Eretz Yisroel.
This Sunday night, August 7th, 9:00 p.m. EST
Divrei Hisorirus from R' Efraim Eliyahu Shapiro, shlita
Rav of North Miami Beach
My precious friends, please recognize and seize the myriad of life saving mitzvah opportunities Hashem in His unlimited kindness grants us throughout every single day. Do them with a full heart. Your life in this world may be saved because of them. Certainly, your life now and eternal life after this world will be enhanced immeasurably. None of us knows how much time we have left. This could be your last day. Time is life. We can never recapture it. Use it to the fullest. -- Michael J. Elman, M.D.
Hashem is putting Klal Yisrael to so many tests. May we realize that everything is from Hakadosh Baruch Hu, and that after putting our human efforts of teshuva, tefilah and tzedakah to the tasks, all that is left is for us is to continue to place our collective trust in Him and see the redemption unfold. May that be soon. Amen.
