Stop abusing our children!

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Stop Abusing Our Children!

Nadia Matar

I received many congratulations for winning in the trial against me in which I was charged with “insulting a public servant,” Yonatan Bassi. Obviously, this is only a temporary victory, and the State Attorney’s Office still can appeal. The very fact, however, that, at long last, a fair honest judge can be found, who is willing to expunge a charge sheet and admit, even indirectly, that at times there are foreign and invalid considerations in the decision by the State Attorney’s Office whether to place someone on trial, is a reason to be happy. But we should not think that, because of the acquittal, anything has changed in the judicial system in Israel. The judicial persecution of the camp that is faithful to the Land of Israel is alive and well, even – and especially – against our children.

Very few people are up to date concerning the case of Tirzah Sariel, a fifteen-year-old girl from Samaria, who has been in jail for two and a half months. I want to describe her case, so that we will take joint, and immediate, action to release Tirzah from the Neveh Tirzah prison.

About ten months ago there was an incident involving several Jewish girls and Arab olive harvesters. The Arabs claimed that the girls – how horrible – poured a bucket full of olives on the ground. The police naturally believed the Arabs and wanted to arrest one of the girls. The rest of the girls, including Tirzah Sariel, protested against the arrest attempt, and told the police: “Arrest us, too,” and so six girls were arrested. They were released a few days later, and a case was opened against all of them, with no end of false accusations. Tirzah announced that she would not appear for the court proceedings because she does not recognize the court’s authority, as long as the judicial system does not operate in accordance with the laws of the Torah.

Before the beginning of the trial, two and a half months ago, they came to arrest Tirzah. It was decided that, since she does not cooperate with the system and would not appear for the hearings of her own free will, she must remain in custody until the end of the judicial proceedings. The law dictates that when a trial is underway and the defendant is incarcerated, the judge must speed up the proceedings and prevent the defendant from remaining in jail for a long time before the trial.

The judge in Tirzah’s case, Justice Uri Ben-Dor, however, did not act in accordance with this law, and decided that the next hearing in Tirzah’s trial would be held four months later. In other words, Justice Uri Ben-Dor ruled that a fifteen-year-old girl will remain in jail for four months, just to wait for the next session of the trial. Even the prosecutor jumped up and said: “Just a minute, we are talking about a 15-year-old child who is sitting in jail, we must accelerate the proceedings.” Justice Ben-Dor replied: “That is of no interest to me.” Ben-Dor also made sure to express what he thinks about the Land of Israel loyalist public when he said: “You [settlers] are a public that knows to take all the time, but does not know how to give.”

With such a political and racist statement, it is no wonder that he is acting against a girl who lives in a settlement in Samaria.

Tirzah has already been incarcerated for two and a half months in the Russian Compound in Jerusalem. As someone who personally, during the demonstrations against the Rabin-Peres regime, was in jail in the Russian Compound for a few hours, and sometimes for a single night, together with addicts, prostitutes, and a lot of Arabs, there is no need to describe in detail how difficult it is to be a fifteen-year-old Jewish girl in jail, alone. Suffice it to say that every visit by her mother is conducted with a thick glass window separating them, and Tirzah speaks with her mother by telephone, just like in the movies. This is not accepted even for the worst criminals, unless it is suspected that dangerous objects will be transferred between them. But with God’s help, Tirzah is strong and is not broken. Her resolute stance is worrisome to the system and puts pressure on the entire system, that does not know what to do with a girl who dares not to recognize them. The representatives of the system are willing to do anything to try and break her – if only she will give them some sign of recognition.

Last week, all of a sudden, the state initiated a session, once again concerning Tirzah’s incarceration, this time with another judge. From a legal standpoint, this was a strange session. The judge’s decision, as well, was strange: on the one hand, she exempted Tirzah from appearing at the court sessions, and informed her that the sessions would , from now on,be conducted in her absence. On the other hand, however, she would not release Tirzah until somebody from within Israel above the age of 18 comes to the nearest police station and signs a bond in the sum of NIS 1500 ($350) to ensure her appearance at the sessions! If anyone were to ask, what need is there of a signature if the judge exempted her from appearing at the sessions – there is no answer to this. There is only a single reason: the signature itself will constitute recognition of the authority of the court. It is important to stress that Tirzah asks that no one do this and go to sign.

Instead of defusing the situation and allowing Tirzah to return home without any signature at all, and continuing the trial without her, Tirzah was sent from the Russian Compound to the Neveh Tirzah prison, that is meant for major women criminals. And this is not all: even within the walls of the prison she is denied many rights, which is something that would not have been done to the worst criminals within the prison. The writing instruments and paper that she had with her, in order to occupy herself, were taken away from her. Her telephone book was taken away from her, and who knows what else they’ll think up. All of this is payback for her stubbornness and insistence on her principles, that drives the system mad.

This story must enrage every Jew throughout the world. Even someone who disagrees with her approach that rejects recognition of the judicial system would admit that the negation of her basic human rights is inconceivable – rights that every prisoner receives, even if he is a murderer or terrorist with blood on his hands.

I am writing this on the day that Aharon Barak is retiring and Dorit Beinish is succeeding him as President of the supreme Court. All the state media highlights the extent to which Aharon Barak brought the subject of “human rights and freedom” into the center of the Israeli judicial system. No one bothered to mention that this might be the case when Israel-haters are brought to trial, but when those faithful to Eretz Israel, and especially their children, are concerned, then, in most instances, all basic rights vanish. We must not be silent when this happens. Our public, whether or not it agrees with Tirzah’s position, must rise up against this abuse.

Takhlis – the Bottom Line: What Can Be Done?

1) File written complaints against Justice Uri Ben-Dor with the Office of the Commission for Public Complaints against Judges, 5 Nahum Heftzadi Street, Beit Ofer, Givat Shaul, Jerusalem 95484.

telephone: 972-2-6595511

fax: 972-2-6595516

no email adress exists for that office.

We must complain about the judge not acting in accordance with the law, by not speeding up the proceedings. How can he allow a fifteen-year-old girl to rot in jail for four months, with murderers and other criminals, just to wait for the next court session? This is unforgettable and unforgivable.

2) Encourage Tirzah by sending letters to her in prison.

Even if the letters might not reach her, because they are intercepted, the very fact of the prison administration seeing such great support, hundreds of letters to Tirzah for Rosh Hashanah, will deliver a clear message: that, finally, we are aware of Tirzah’s case and we will not let them continue abusing her without our crying out both in Israel and abroad. Hurry and write letters of support to Tirzah before Rosh Hashanah, to the address:

Tirzah Sariel, POB 229, Neveh Tirzah, Ramleh

3) Everyone must relate this story to friends, family, and Members of Knesset, with the simple question: What did you do today for the release from Neveh Tirzah of Tirzah Sariel, the fifteen-year-old girl?