IDF False Arrest Cover up

Making Crime Enforcement Great Again: Did A "Free" Attorney Help Cover Up An IDF Draft-Office False-Arrest Scandal?

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BS"D

12 Nissan, 5781 Parshas Tzav °° March 25, '21 (ver.1c)

By Binyomin Feinberg

Last week, Erev Shabbos, MK Meir Porush wasn't very pleased to be confronted with a simple question: "What's the purpose of Chareidi members of Knesset if they've allowed a situation wherein a Chareidi girl can be mistreated by the Israeli government in the manner that they treated Efrat bas Refael (see below)?"

He responded that the Knesset isn't currently operative. He was then confronted with the argument that even when the Knesset was operative, they didn't do anything (substantial). That's to say, the Chareidi MKs failed to do that which really must be done to combat the female draft - and the persecution of girls escaping it - rather than merely doing things to ostensibly help individuals - while perpetuating the draft crisis for everyone else. Unfortunately, he opted to truncate the conversation rather than properly respond, or even hear out the point (perhaps because he knows better than anyone what he does NOT do).

It can be said that anyone can perpetrate crime, but to PERPETUATE it - you really need a participatory attorney.

(And a collaborative Knesset member always helps - to convince the crime victim to accept the crime-enabling lawyer.)

A. The Arrest:

Last week we reported (http://daattorah.blogspot.com/2021/03/idf-law-enforcement-or-crime-enforcement.html) on the arrest of 24-year-old Chareidi woman from Beitar, Efrat D. bas Refoel. On Wednesday night, March 18, on her way to pray in Uman, Ukraine, she was accosted at Ben Gurion Airport, harassed, and arrested, reportedly in a degrading manner, like a dangerous criminal, all for ostensibly being illegally absent from the Army.

Background:

To review the important background here, in contrast with the global paradigm of civilized governance, the antireligious Israeli Establishment forces girls to serve in their Army, by "law." However, religious girls are supposed to be legally exempt. According to leading Rabbis across the spectrum, Torah Law prohibits enlisting in the the Army - for ALL girls. Furthermore, Jews are obliged to oppose the drafting of ANY girl or woman by the Israeli government, regardless of religion, religious observance, race or ethnicity.

In fact, the Brisker Rov OB"M (quoted by Rav Aharon Soloveichik OB"M in Sefer "Yeled Sha'ashu'im" p.348-350) was even more vociferously opposed to drafting non-religious girls than religious ones, inasmuch as the former would likely be more susceptible to the corrosive Army influences than the latter. World-revered Torah Sages, such as the Chazon Ish OB"M, have declared that the Israeli female draft demands our irreconcilable opposition (even if by employing dangerous measures otherwise prohibited), inasmuch as drafting women involves cardinal prohibitions that render it "Yai'horaig Ve'al Ya'avor."*

[* something we're obligated by Divine Edict to oppose even if it requires sacrificing one's life; cf. Yoreh Daiyoh 157:1.]

°°°

B. Her First Court Appearance:

Miss D. was incarcerated in Tel HaShomer Military Prison overnight, then taken to Military Court in Jaffa Thursday afternoon. When she was taken to Jaffa Court, in handcuffs, her Army guards refused to even give her water to drink, despite her repeated requests, she claimed. Why?

Perhaps, the intent behind that particular human-rights violation was to keep her dehydrated and weak enough to resist the advice she was reportedly provided

Perhaps the intent behind that particular human-rights violation was to keep her dehydrated and weak enough to resist the advice she was reportedly provided - namely, to admit to the "charges." This admission would play a vital role in helping impede any subsequent attempt to probe the legality of this arrest.

Once a victim admits guilt, it's much harder for anyone on the case to later demand the government prove that they had the right to arrest her. Thus, anyone seeking to cover up the crime of false-arrest would encourage the victim to admit guilt, ostensibly to smooth the process of obtaining a quick acquittal and release.

They would also orchestrate a psychologically traumatic arrest process - to impair her judgement, to agree to such an admission. Normally, a person is reluctant to admit guilt, especially if innocent. However, under intense psychological and physical duress, even intelligent, principled people, isolated from friends, being advised by people who appear to be truly seeking to help them, can be manipulated into doing things they'd otherwise never do.

°°°

C. The Potency of Demonstrations:

Thank G-d, two significant demonstrations were held on Thursday, the larger being in Jerusalem, starting about 1PM in the Me'ah She'arim area, ending on Bar Ilan street about 3PM, on learning of her temporary release, pending an order to reappear for some sort of hearing on Sunday.

The other, smaller demonstration was held at the Tel HaShomer military holding complex where she was incarcerated. One participant suggested that that smaller "on-site" demonstration in fact had a magnified impact, perhaps even more potent than the much larger one in Jerusalem.

The officers stationed on site tried to move the protesters, who refused, declaring that if a Jewish girl is being held captive there, they will protest right there. When the victim is aware of protests on their behalf, the experience is tremendously bolstering, emotionally and psychologically.

These demonstrations were apparently the main - if not only - reason for her relatively quick release. It's actually amazing how much power a several dozen demonstrators can wield. [The government, via its surrogates, tried VERY hard to prevent these demonstrations, we're informed.]

However, this fact is a tremendous mechayev (obligatory factor) on us. Why isn't more being done for other female refusenik girls and women? Similar demonstrations should be held at appropriate times for a number of other current female refuseniks (whether or not they are categorized as Chareidi), including the following, who endure the possibility of arrest daily:

° Nell D. is a 19 year-old religious French citizen essentially kidnapped by "Machal" (an appendage of the IDF that recruits foreign tourists into the Army). Untold numbers of girls have been similarly trafficked into the IDF by trained Army headhunters, and the French government is apparently not unaware of this ongoing crisis. Regarding Nell, see, for example, http://daattorah.blogspot.com/2021/03/idf-israeli-document-forgers.html,
https://firstamendmentactivist.blogspot.com/2021/02/biting-hand-that-sacrifices.html.

° Olga bas Soroh Shirah Shamilov, whose story first broke in The Jewish Press, Nov.15, '19, p.17. In the email of the Coalition for Jewish Values for the week of Parshas Tazria-Metzora, 5780, a link to a post about her case appeared (in the Israel section: ) https://firstamendmentactivist.blogspot.com/2020/04/ongoing-idf-religious-persecution-under.html; https://daattorah.blogspot.com/2020/04/ongoing-idf-antireligious-hate-under.html. See also: https://firstamendmentactivist.blogspot.com/2020/04/the-more-alone-mightier.html; https://firstamendmentactivist.blogspot.com/2020/06/restoring-kingly-nation.html ).

Who knows how many other Ba'alos Teshivah not associated with established voting blocks are similarly discriminated against - and even persecuted - for their faith, while most ostensibly religious MK's fixate on financial matters, and on the limited subset of religious issues that relate to concerns of their own political base.

° Ziva bas Mazal M. Mazal (https://daattorah.blogspot.com/2020/01/religious-persecution-of-ethiopian-girl.html, https://daattorah.blogspot.com/2019/10/racial-profiling-or-pure-antireligious.html,
https://daattorah.blogspot.com/2019/10/making-racism-great-again.html, https://firstamendmentactivist.blogspot.com/2020/06/israeli-black-lives-matter-too.html); how many more Ethiopian girls are suffering discrimination and even antireligious (often racist) persecution by the Draft Office?

° Shuly bas Raizel, Loren bas Miriam, and others.

Demonstrations against the drafting of girls, and attendant violations, need not be limited to male participants. In fact, in the early days of the "Jewish" State, women and girls also attended a massive protest against the female draft. (Then, water cannons were weapons of choice employed by Ben Gurion's antireligious intrepids against unarmed women and girls, as photos record.) The ongoing persecution of refusenik girls and women is something for which we will be held responsible, inasmuch as we could much more to stop it (see Gemara Shabbos 54b-55a). We could do so by following the directives of Gedolei Torah ("Torah Giants"), be it the Brisker Rov, or his late son, Rav Meshulum Dovid Soloveichik, OB"M, via vigorously protesting as if it was one of "our own" -- because it IS.

°°°

C. Sunday Court Hearing:

On Sunday, at that hearing ("Va'adah"), ostensibly held at the Jaffa Military Court, Miss D. was allegedly provided a finalized military service exemption, along with a (questionable) fine of 2,500 Shekel. 2,500 is a figure coincidentally equivalent to an attorney fee for this type of case. (As of yesterday, Wednesday evening, it was still unpaid.)*

* [Her attorney was provided as ostensibly free. The attorney was reportedly brought in by a Chareidi activist who works with the Army Draft Office to obtain service exemptions - but does so without any substantial reporting of the ongoing Israeli Army abuses against girls. Consequently, the Draft Office continues trafficking girls into the exploitive, immoral Army, and persecuting refuseniks, with impunity.]

***

There was an additional demonstration on Sunday at the Jaffa Military Court, of about 10-12 protesters, countered by a similar number of police etc., who arrived in four police cars. This occurred despite early reports that she would be required to appear at Tel HaShomer again, which was contradicted by subsequent information that there would be a hearing at Jaffa Military Court.

°°°

D. Basis of Arrest:

What Miss D. [and most others] thought was that the Army never received her religiosity certification ("tatzhir dat"), apparently due to a run-of-the-mill oversight by a staff member at her high school, 7-8 years ago. Consequently, citing a source close to the case that's what we reported. On futher investigation, it appears that, most probably, we were all wrong - very wrong.

False Arrest?

It now appears almost certain that the Army in fact DID receive her religiosity certification in good order, at that time (about 7 or 8 years ago) - and that they nevertheless arrested her last week - illegally. And that's apparently why she wasn't arrested previously, even when entering the Draft Office about three months ago (see below). That is, she was able to walk out since she wasn't, legally speaking, "absent" from the Army altogether.

If true, this would be not only be a major scandal; it would, if properly revealed, also uncover what likely is the tip of the iceberg of a massive, concerted effort to fraudulently entrap hundreds - and eventually even thousands - of legally-exempt religious girls in the military draft, via an ongoing, illegal, invisible dragnet. This theory may appear a bit far-fetched to those unfamiliar with some of the Army Draft Office aggressiveness we've been reporting on over the past two years. However, the evidence should be allowed to speak for itself, as follows.

The evidence supporting this theory includes the reported absence of communication between the Army and Miss D. for all of those years she was ostensibly illegally absent from the Army. In fact, Miss D. claims that she knows for a fact that the Army had her cellphone number after an incident about three months ago (providing the Army any unnecessary information, especially a cellphone number, is generally not advisable).

She had lost her cellphone, and asked the Police for help in finding it. At the time, the Police told Miss D. to work out her draft status. She then visited the draft office (also, about three months ago). She found the female draft officer seemingly astounded over the absence of Army communication with her, over her six years of ostensibly being illegally absent from the Army.

The officer told her that she "prays she'll be able to get a tatzhir dat" (religiosity certification, which would most probably be utterly useless, years after the Army submission deadline) - by Sunday. [This visit was on a Thursday. That did not allow enough time to get that done by Sunday, since on Fridays most offices are closed in Israel.]

The very fact that Miss D. was allowed to walk out of the Lishkas HaGiyus without being arrested on the spot for being an Army "deserter" for all those years indicates that she in reality wasn't considered "illegally absent." Evidently, that's because the Army actually DID receive her religiosity certification on time. If she had been considered illegally absent from the Army - especially for six years - she would, most probably, never have been allowed to walk out of the building*. (That's another reason to avoid entering, in case they deem you a worthy candidate of arrest.) Other clearly Chareidi girls in similar predicaments have been arrested, e.g. the B'nos Beruria (Orah Chaya & Moriah Leah R.: https://daattorah.blogspot.com/2019/07/wonderful-opportunities-for-public.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+blogspot%2FIjWSM+%28Daas+Torah+-+Issues+of+Jewish+Identity%29 ;
https://www.dropbox.com/s/sct41kbjry0ph5m/BS.docx?dl=0 ).

{* For this reason, even if somehow someone would convince a staff member from her former high school to 'admit' that they forgot to send in the religiosity certification, that claim would not properly account for Miss D. walking out of the Draft Office.}

This theory also explains the suspicious reaction of the draft officer. It was all a bit too theatrical. The officer was apparently putting on a show, and the question is to what end. It seems that she wanted to confirm that Miss D. was an easy target, and (perhaps more to the point) to actually render her one, by convincing her that she was indeed technically a long-term "deserter." That way, when the false arrest would be perpetrated, Miss D. would not even question the Army, but rather automatically blame herself (or others, e.g. a school secretary). And everyone else would likewise "blame the victim," or someone other than the Army - as this writer similarly did last week, in lockstep with the thinking of most people [until one particularly sage, experienced Draft expert provided corrective insight into the case].

To confirm this theory, even since that visit three months ago, the Army never called her about her draft status. Moreover, she never, ever got any sort of warning or indication that she was at risk of arrest - or of anything on that level of severity. If she would truly have been illegally absent from military service, she would have been harassed by calls, probably incessantly.

In fact, even if one would argue that the perhaps the Draft Office didn't arrest Miss D. out of a desire to avoid demonstrations by outraged Chareidim, they should have at least called her repeatedly to urge her to work out her status - to avoid the need to arrest her if she opted to leave the country.

The fact that she got NOT one call should, in combination with the above, indicate that most probably the Army had in fact did receive her religiosity certification on time about seven years ago, and nevertheless made a false arrest last week - but only after learning from her three months ago that she didn't have any documentation of her original religious military service exemption. Most probably, it was when the Army saw she was an easy target - in the Draft Office three months ago - that they started the arrest warrant process. Thus, after that, it was just a matter of time until she would be subject to arrest - illegally.

Now, even if by some chance we're incorrect here, this is undoubtedly a specter for which we must be vigilant. We ought assume that the government will eventually embark on such an approach - consistent with their increasingly encroaching approach towards drafting religious girls, as documented in previous columns, and as reported by Israeli media and the Mizrachi oriented organization "Chotam."

Attorney Role:

Question: Why didn't the attorney provided to Miss D. demand to see the arrest warrant, which would be dated? That date would most likely confirm our theory. May that perhaps be the reason the lawyer didn't ask for it, and even have his client admit her guilt -- to prevent uncovering of the crime of the Draft Offices? The lawyer could have also disproved this theory, and freed himself from suspicion. He didn't, even though he possibly heard such questions being asked, and should have a vested interest in insuring against that suspicion.

A remaining question is why the police initially told Miss D. to work out her draft status, even before she alerted the Draft Office that she has no proof of Army receipt of her exemption documentation. It's likely that after a certain number of years the Draft Office is flagging girls to be instructed to contact the Draft Offices, with the intention of subjecting them to a "selectzia" process, to identify the girls who could be duped into believing the Army narrative (that their exemption was never processed or received), and subsequently arrested without them doing serious legal probing.

E. Implications of False Arrest:

If we're correct, hundreds, eventually even thousands of religious girls may be at risk. Many may G-d forbid succumb to the monumental pressure to actually enlist, especially in light of the recent completion of the massive, modern Prison Ten facility (aka "Mega-Gulag"). Even for girls for whom potent demonstrations are held, a quick fix will be pushed onto them, to ensure that they don't get to the root crime, but rather just close the case with an "amenable settlement," as occurred here.

°°°

"Defensive Living:"

What should Israeli girls and young women be doing, practically speaking? Here are a few suggestions for serious consideration:

1. Firstly, they should get themselves (and their parents and siblings, if possible) intelligently involved in exposing and combating the escalating IDF drafting of girls. The fixation on oneself is very un-Jewish. It brought the Churban of the Bais HaMikdash (e.g. Shabbos 55a), and is similarly perpetuating it. The merit of helping save others will protect them like no practical means can.

2. Secondly, they should definitely not alert the D.O. (Draft Office) if they lost proof of their religious exemption, unless they're prepared for the potentially disastrous consequences. They certainly should never, ever exhibit any panic regarding their draft status to any government agency or party, even the to Rabbanut, or anybody for that matter.

3. Perhaps most importantly, in case a girl or woman is arrested, insist that your attorney insist on seeing the arrest order. If the lawyer refuses or fails to do so, then immediately speak up, and insist on another attorney who won't flaunt your direct instructions and cover up the tracks of those behind the arrest in question.

4. If the lawyer comes with the recommendations of members of Knesset, or others similarly unreliable, that's more likely information useful in saving you from hiring them. Thank them for their efforts and find a lawyer you have basis to trust.

5. Be aware of crime-enforcement techniques employed to impaire your ability to "out" them and their criminal activity. Avoid biting their bait. Be psychologically prepared. Sha'ar HaBitachon of "Chovos HaLe'vavos" (a fundamental Mussar treatise of Rabbeinu Bachya) is highly recommended, and especially here. That section is recommended by some as the most important Mussar source on the subject of Bitachon [loosely translated as "trust-by-conviction" in G-d, (no pun intended)]. Bitachon is the primary weapon to employ to defend against the multitude of ploys and techniques employed under the Army's sychological Warfare strategies.

This is primarily a spiritual war, in which the other side employs psychological techniques.

6. Help ensure that others as well are similarly educated and psychologically prepared.

7. In general, become educated and psychologically prepared to deal with government overreach, harassment, and persecution. Statist bullies tend to fear those who don't fear them. Emunah and Kabbolas Yisurin (acceptance of tribulations) help greatly to endure government persecution. Both of these, like many, many Torah based directives, have very tangible, practical benefits.

Also realize that this is all part being on the correct side of the war against HaShem (G-d). (These same suggestions apply to dealing with government tyranny in general, in other countries as well.)

8. We see clearly that the Army is regularly flaunting the requirements to report to girls about the results of their application for a religious military service exemption. If we are correct in our aforementioned theory, the Draft Office is lately taking things a step further, adding crimes of commission to their widespread passive dereliction, by selectively committing false arrests. In any case, no school or individual should promote the process of sending in one's religiosity certification as a guarantee against being drafted. It's not something one can really fully rely on, unless one obtains and properly preserves proof that the Army received it. [Even then, problems can still arise.]

9. On a communal level, this and many other recent developments in the female draft (such as those enumerated in last week's post) demand a reorientation toward the entire female draft. The recent Army escalation of the draft against religious girls - in effect unilaterally declaring thousands of innocent girls "not religious enough" - has vindicated the aforementioned position of the Brisker Rov (prioritizing opposition to drafting non-religious girls as well), at a tragic cost. Some imagine that they're protecting religious girls by continuing to allow the Army to draft the non-religious girls. In recent years, under "rightwing" PM Binyamin Netanyahu, precisely the opposite has been occurring. Religiosity criteria in the draft law are routinely manipulated to harass, intimidate, terrorize, incarcerate, and draft both religious and traditional girls. Regardless of what one may argue over policy of previous eras, at this juncture, the only viable option religious Jewry has is to vigorously fight against the drafting of any girl or woman, just as the Torah requires. We urge all those in a position of influence to insist on this policy, as if the future of the Jewish People depends on it - because it does.

°°°

If we are correct about our theory, and similarly accurate about our assessment regarding her initial mistreatment in the airport, and on Thursday in the Jaffa Court, and in the Jerusalem Draft Office on that Thursday three months ago - there should be many, many witnesses. Someone is liable to talk, one day...

In the wake of the spiritual decimation that the Israeli Army has perpetrated against generations of Jewish girls and women for about 70 years, one which played a pivotal role in the abortion of approximately two million Israeli babies, we look forward to "Nuremburg II." THIS time, G-d willing, no perpetrators will get away.

°°°

In closing, here's what HaRav Shamshon Refoel Hirsch OB"M (d. 1888), the world-renowned leader of German Jewry, writes regarding Pinchos, ever relevant to us nowadays:

"... And if someone, like Phinehas, is one among a multitude and every man is against him when he dares to speak out for truth and to fight for the Law - the more lonely his stand, the greater the number of his adversaries, the more powerful is his word, the mightier his deed. He is the savior of those against whom he struggles, a priest of atonement for those who stand by in silence, for he accomplishes what they should all have accomplished. Though every man be against him and he stand alone, yet G-d's covenant is with him and allows not his word to be lost or his deeds to vanish without trace."

A page earlier, Rav Hirsch explains:

""As long as even one man has the courage to take up the struggle openly for G-d's cause - which is no less than the cause of man's future - it is not lost on earth and the intervention of DIVINE JUDGEMENT* is not required. He (Pinchos -BF) had demonstrated for all time that whenever the sanctity of G-d and His Law is being mocked and trampled on (Chillul HaShem), EVERY* other consideration must give way."
{* emphasis absent in original}

(printed in "Judaism Eternal," translation by Dayan Dr. I Grunfeld, vol.2, p. 293 (Soncino Publ., London, 1956)), in an essay at.the end of the volume entitled "Pinchus ("Phinehas") - Eliyahu")
In this merit, may we live to see the Final Redemption very soon. Have an uplifting Pesach.