Drug-Smuggling Satmar Yeshiva Student To Remain In Japanese Prison

The Tokyo High Court fails to overturn the lower court ruling, 6 year prison sentence upheld.

 

The press release printed on Yeshiva World:

The following was written by Reb Meilech Bindinger, from the Tokyo High Court, Chamber 410:

Dear Yidden around the world;

We and the defence attorneys are upset to have to report that the Tokyo High Court failed to overturn the ruling of the district court.

However, the presiding appellate judge did show leniency when calculating the credit for time served off the initial sentence. In total the judge deducted 814 days from the 6 year sentence, even though these days were spent al Hatorah ve’al havodah at the detention centre, and not in forced labour.

The prosecution initially demanded a 13 year sentence. You may remember that an extraordinary sentence of 6 years was handed down in the district court, in addition to a monetary fine of 4 million ¥, this equating $50,000.

The verdict of 6 years was based on the fact that the judges found reason to accuse that Yakov Yosef should have suspected something was amiss, and although he had no clear knowledge of any contraband, there was negligence on his part for not being more cautious.

The judge claimed that the polygraph examination, whilst out ruling clear knowledge, does not prove lack of suspicion.

The defence attorneys were dismayed at the callous nature of the judge’s dismissal of the defence arguments.

Mr. Masaki, one of the lawyers, commented that the judge failed to glance even once at the lawyers during the verdict due to his lack of confidence with his verdict, and knowing that his verdict contains many illogical assumptions.

For a number of reasons an appeal was filed, among them:

1) Yakov Yosef’s not accepting his verdict directly assisted Yoel Zev’s trial which is taking longer than expected due to court technicalities and changes of judges.  In Japan, not accepting the verdict is a powerful indication of the defendants and co-defendants claim to innocence. Furthermore, the appeal process brought to light substantial evidence for the defence of Yoel Zev who is scheduled to receive his verdict on 29th August.

2) Yakov Yosef was saved having to go to a forced labour prison camp during the appeal phase. The forced labour sentence allows virtually no free time for davening or learning. Yakov Yosef spent this time in the detention centre learning with great hasmodah.

3) The District Court failed to examine some of the strong evidence material, including the polygraph results. It was hoped that at the appeal trial these elements would overturn the verdict.

Current Status:

Efforts are being made to retain Yakov Yosef’s status at the Chiba detention centre until his transfer to Israel. We would want to avoid the forced labour at all costs.

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 10 months from now. Askonim are working towards this goal.

Reb Aron Nezri and Reb Meilech Bindinger visited Yakov Yosef immediately after the verdict, together with defence attorney Mr. Ozawa. Yakov Yosef was amazingly upbeat. I quote some of his comments:

“I took upon myself kabolos toivois, however I do not regret them for a second.” “I also do not regret filing for my appeal.  During this time I concluded hilchos boser becholov, hilchos taaruvos, and over 100 daf gemorroh; I would never have managed this elsewhere.”

Mr. Ozawa sadly said to Yakov Yosef that he feels very sorry for him, and conveyed the feeling of the defense team, that Yakov Yosef’s attitude in court and when accepting his sentence was respectful and dignified.

At the court room today were present the parents of Yakov Yosef, Reb Aron Nezri, Reb Meilech Bindinger, Rabbi Binyomin Edery and Rabbi Mendy Sudakevitch of Tokyo, and other concerned yidden from USA, UK, Israel and Japan.

May we merit to hear good tidings.

 

Comments

[Simon]

""He spent time in detention learning with great Hasmodoh.""

Not a good idea.

The talmud is filled with teachings, that it is NOT important to care about the welfare, property, off-springs, and safety of a Goy.

This is kind of mind-set, that caused them to commit this crime, in the first place.

[Eliyashuv]

To #1

Yes, their Cheshbon was, In japan there aren't any Yidden anyhow, so whom are we hurting.

[Aharoni]

Steve...where do you come up with this stuff? While there may be no mitzvah of hashavas aveida with regard to a non-Jew, in numerous instances halacha is decided in a certain manner due to concerns of "darchei shalom." Also, most Torah scholars agree that the talmud is referring to a period where non-Jewish societies were based on avodah zara beliefs, resulting in legitimizing immoral behavior; while Christian and Muslim societies have rectified those shortcomings.

[seymour]

whatever happened to the satmar chusid who send these boys on this trip it seems he is getting off scott free.

maybe if they turn him in and said he fooled the boys they would reduce the sentence.

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 10 months from now. Askonim are working towards this goal.

that is a problem the Japaneses know if he goes to isreal he will be released in a few months and that send a bad signal to their own citizens who are in prison

Again there is one thing missing in this press release if I remember correctly they where not completely innocent they just thought they where smuggling antiques

[seymour]

I love to read the comments on the frum communities. They are stunned and shocked and really think god will come down and punish japan for imprisoning these boys.

They look at this as if the boys are only in prison because they are yiddin.
IN addition they blame everybody besides the boys or the chusid who send the boys on this trip.

there arrogance is as big as their stupidity

[miss understood]

Another woman accuses Dominique Strauss Kahn

http://www.dailymail.co.uk/news/article-1387621/Tristane-Banon-says-raped-IMF-chief-Dominique-Strauss-Kahn.html

[Eliyashuv]

To Aharoini,

1. For "Darkei Sholom", In other words, we don't teach our children to care for a Goy's safety as Human Beings, only so that they shouldn't get angry at us {Selfishly}.

2. you write "most Scholars" well, its only the Meieri, and we don't Pasken like him.

3. L'Halacha, in a situation where everything is anonymous, we do not return their lost object, and their error in a money transaction, unless his mother is a Yid.

4. We're just waiting for Moshiach's time when they're all gonna be our slaves.

[Jeff]

They are stunned and shocked and really think god will come down and punish japan for imprisoning these boys.

It looks as though HaShem is going to have to sink those islands to get his point across.

Seriously, though, I don't like to see kids sent to prison, especially a hard labor camp, and especially for something that isn't a violent crime. Yes, I know drug smuggling leads to violent crime down the chain; I just don't think there's any point in putting stupid yeshiva boys into prison at hard labor for six years.

Whether or not they knew drugs were involved - they're authoritarians. Like their evangelical counterparts, they're programmed from an early age to do as an authority figure tells them to. Their misfortune was to come under the influence of a drug smuggler.

[seymour]

To Aharoini,

1. For "Darkei Sholom", In other words, we don't teach our children to care for a Goy's safety as Human Beings, only so that they shouldn't get angry at us {Selfishly}.

2. you write "most Scholars" well, its only the Meieri, and we don't Pasken like him.

3. L'Halacha, in a situation where everything is anonymous, we do not return their lost object, and their error in a money transaction, unless his mother is a Yid.

4. We're just waiting for Moshiach's time when they're all gonna be our slaves.

Posted by: Eliyashuv | May 16, 2011 at 10:04 AM

yep and "Darkei Sholom" is the reason one can be mechalel shabbos to save a goys live

now I do not condom the Talmud for their view since the where a product of their time. but today that is crazy

[seymour]

Posted by: Jeff | May 16, 2011 at 10:10 AM

but you are thinking in a more rational way that 6 years for smuggling by some idiots is to long.

the frum only reasoning is they are frum.
they do not care about others situation and they do not realize how selfish they look to the world

[seymour]

in yeshiva world they are shocked at the brutal sentencing by japan judges.

But I guess they have no problem or it is not brutal to stone someone for carrying on shobbos

[corn popper]

I feel terrible for this young man! Imagine if you were sitting in prison or if you were his parents. How can your heart not go out to them? As Jews we should have feelings of mercy and compassion.

At the same time, we have to recognize that although he may not have have been aware that he was smuggling drugs, he certainly may have known that there was contraband hidden in his suitcase. He committed a crime - served time in a difficult prison - paid his dues - and now we should pray for his release.

He should be a lesson to all to act honestly always.

[seymour]

I feel terrible for this young man! Imagine if you were sitting in prison or if you were his parents. How can your heart not go out to them? As Jews we should have feelings of mercy and compassion.

At the same time, we have to recognize that although he may not have have been aware that he was smuggling drugs, he certainly may have known that there was contraband hidden in his suitcase. He committed a crime - served time in a difficult prison - paid his dues - and now we should pray for his release.

He should be a lesson to all to act honestly always.

Posted by: corn popper | May 16, 2011 at 10:31 AM

I agree with you.

Unfortunately if you read the frum web sites most people do not think they are guilty of anything and even if they are simply think they should be released because they a frum yiddin.

That is what bugs me and the powers to be do not speak up about that and most of the time add and fuel such attitudes.
It really makes the yids seems that they think the secular laws do not apply to them.

also one never sees any rant against the frum yid who sent these boys on this trip he is the real evil person in this sad story. He seems to be getti8ng a free pass from their community

[effie]

Where does it say that his transfer to Israel is guaranteed? No use to hand down a sentence and have the Israelis overrule it. I don't think the Japanese are going to allow this.

[Jeff]

the frum only reasoning is they are frum.
they do not care about others situation and they do not realize how selfish they look to the world...

Unfortunately if you read the frum web sites most people do not think they are guilty of anything and even if they are simply think they should be released because they a frum yiddin.

I know - but, as I say, I don't like to see kids go to prison, especially as the basis of their crime is that they had the misfortune to be born Haredi.

[fyge]

@seymour -- God already punished them, ever heard of the Tsunami ??

[effie]

fyge: You're an asshole.

[seymour]

@seymour -- God already punished them, ever heard of the Tsunami ??

Posted by: fyge | May 16, 2011 at 10:52 AM

yes I know but that must mean that God loves the Japaneses more than Jews since he did not kill 6,000,000.

And he did not punish the Germans either explain that genius

[corn popper]

also one never sees any rant against the frum yid who sent these boys on this trip he is the real evil person in this sad story. He seems to be getti8ng a free pass from their community

Posted by: seymour | May 16, 2011 at 10:37 AM

In our shul, the Rav speaks about honesty all the time.

[effie]

Here's an article that makes sense:

http://goo.gl/b4Xnt

[seymour]

In our shul, the Rav speaks about honesty all the time.

Posted by: corn popper | May 16, 2011 at 11:04 AM

when I speak I am speaking about Boro Park and williamburg where I grew up

I know outside of those areas it is much different. I should be more specific when I say frum

[effie]

YW is nuts. In an article 4 days ago, they said that the kid planned to go directly to immigration for deportation after the verdict.

[Yosef ben Matitya]

he is lucky, in malaysia and singapore, the shoot them promptly.
in china, they sell his organs. in thailand, he languishes in jail forever.

[ah-pee-chorus]

God already punished them, ever heard of the Tsunami ??

Posted by: fyge

fyge- if you think there is a god that would cause the deaths of thousands of innocents and cause hundreds of thousands to be homeless as proper payback for their country having decided to put some vile drug smugglers (who thought they were only smuggling illegal artifacts) in prison, then you should hunt down this evil god and kill him. he clearly has no sense of justice.

but dont worry, i spoke to god and he told me the tsunami was punishment to japan for saving the mirrer yeshiva during WW2. apparently god HATES haredim so much he punishes even those that dare to help them.
are we having fun yet?

[Deremes]

Nebach those poor boys.
Being in prison is bad enough.
In Japan when they can have few visitors is even worse.

[seymour]

Nebach those poor boys.
Being in prison is bad enough.
In Japan when they can have few visitors is even worse.

Posted by: Deremes | May 16, 2011 at 01:20 PM

true

but hopefully this lesson would be learned by the community not to smuggle and not blame japan

[masortiman]

"2. you write "most Scholars" well, its only the Meieri, and we don't Pasken like him"

who's this "we" kemo sabe? CJLS relies on Meieri in many decisions.

[seymour]

"2. you write "most Scholars" well, its only the Meieri, and we don't Pasken like him"

who's this "we" kemo sabe? CJLS relies on Meieri in many decisions.

Posted by: masortiman | May 16, 2011 at 01:58 PM

maybe that explains that the Conservative Jews have ethics

[itchiemayer]

Gam zu l'tova...everything is for the best.

[ah-pee-chorus]

itchiemayer -
i dont see you posting as much. i hope alls well.

[maven]

These chassidim were trafficking in Ecstasy. Who knows how many deaths they caused? As a frum person I'm ashamed, there is no life form lower than a drug smuggler who brings death to young people for money:

http://milano.corriere.it/notizie/cronaca/11_maggio_16/droga-killer-190654219735.shtml

[A. Nuran]

Deremes, I'm sorry they're in jail and that the guy who hired them as drug mules isn't. But "If you can't do the time, don't do the crime." They deserve what they got and are damned lucky they weren't smuggling drugs to Malaysia or Singapore where they would have been hanged.

[A. Nuran]

Thinking of my last comment, why hasn't Israel prosecuted the mastermind for multiple counts of drug smuggling, conspiracy to commit same and corrupting the morals of a minor if the guys were minors under Israeli law?

[effie]

A.Nuran: I would imagine it is due to the lack of evidence.

[seymour]

Thinking of my last comment, why hasn't Israel prosecuted the mastermind for multiple counts of drug smuggling, conspiracy to commit same and corrupting the morals of a minor if the guys were minors under Israeli law?

Posted by: A. Nuran | May 16, 2011 at 05:22 PM

on vin someone said he is serving 3 years but it was not verified

[jancsipista]

theese kids who are in jail in japan have absolutly no common sense whatsoever, they are so sheltered all their lifes and all of a sudden they go to japan when told, theese hassidishe kids are so dumb that they cant tell danger when it hits them in the face and this is the trademark of most of the hassidihse kids their elders dupe them so control them that they lack common sense, and of course its one of their own who got them in this mess, well it just goes to show how they eat their own when it comes to money money to them is their lord and creator money ubber alas.

[Jay]

I haven't seen much said in print about the man who sent them. I truly wonder if the Frum community in Israel has given him the punishment he deserves. I really hope he was put in cherem.

[Hashemozerlee]

Prisoners in Japan face routine violations of human rights from the moment of arrest through the end of their prison term. After being apprehended, Japanese suspects are placed in police detention (daiyo-kangoku) where they face severe pressure, often involving physical abuse, in order to obtain confessions. They are transferred to detention centers after indictment where they stay until their sentencing, a period that can last several years. They are then moved to prisons where they are subjected to a complex set of rules that regulates every aspect of daily life. Infraction means punishment, and one of the most common forms of punishment is prolonged solitary confinement. Prisoners who complain about their treatment may face particular abuse or retaliation. Sentenced prisoners have tightly restricted access to legal counsel and to contact with the outside world, and death row prisoners sometimes spend decades in total isolation. Human Rights Watch calls on the Japanese government to bring its treatment of prisoners into line with the international human rights law by which the country is bound and acknowledge that prisoners have both obligations and rights.

[Shlomo]

APC The Japanese didn't just save the Mirrer Yeshivah they saved virtually all the Jews that made it to Shanghai as well as others in Japan against the wishes and pressure from their Nazi allies

[miss understood]

Does anyone know why they were travelling to Japan in the first place?

[effie]

Hashemozerlee: Unfortunately, I have caught HRW and AI in so many lies regarding the US criminal justice system, I can't find them credible on anything.

[EYak]

I swear no one here knows what is going on. Japan labor prisons are torture cells and if you look at the clock or make noise during the 12 hours a day of forced labor or look at someone's eyes or look up before meals or step out of line in a march you get 10 days of hellish solitary confinement where they force-feed you and do not let you move! I am a human rights worker and I know intimately about world prisons. So every one in this blog please shut your mouth and stop condemning the boys! If you were born in their situation and a friend or trusted person asked you to bring antiques(don't forget that he brought them the suitcases minutes before their departure time when they were already in the airport) and you were young and naive and eighteen years old and you were so damn sheltered like they were...... Of course the guy who sent them was wicked. Ya the Chareidi world has some wrong-doers and they also have many many sincere caring sweet and loving individuals who do much good to the world. And every soceity in the Western world also has evil people.
The world is a crazy place and its hard not to go insane-- so some people think over shletering is the answer---maybe they are wrong ---still I know where they are coming from bc I've seen hundreds of people going crazy from the jungle of the world and everyone is trying to stay sane in an insane world.
Anyways lets feel for one another and stop bad mouthing everyone.

[HellishDevil]

EYak is so right!
I think everyone who just wrote badly about those innocent boys should be sent to a japan labor camp for a few weeks and let them see for themselves!

[dissertation examples for education]

The forced labour sentence allows virtually no free time for davening or learning.