Two months have already passed since May 16th, the fateful day in which the Tokyo High Court denied the appeal of Yaakov Yosef ben Raizel and upheld the guilty verdict handed down by the Chiba District Court. Although the plight of the two boys imprisoned in Japan has largely been out of the public spotlight during these two months, efforts by the askonim on their behalf have been far from quiet.
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(8:00pm CHICAGO TIME)
718-258-2008 option 9 selection 9
To donate: call 718-534-0030
or visit www.japanpidyon.org
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