Monday, September 5, 2011
[chicago-aneinu] Yoel Zev is on his way to the airport!!!!!
Yoel Zev is on his way to the airport ב"ה ב"ה ב"ה
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
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