Jerusalem – Rabbi Goes On Trial For Refusing To Be An Informant

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    Jerusalem – Rabbi Mordechai Geniram, head of the Har Shalom hesder yeshiva, goes on trial Wednesday for obstructing justice by refusing to give police the names of students suspected of attacking and beating Palestinian shepherds in March 2008.

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    Geniram, whose yeshiva specializes in rehabilitating youths with a criminal record, said he refused in order to protect the students from having their army service affected by criminal charges.

    The incident in question occurred on March 30, 2008, when Palestinian shepherds were spied near the settlement of Mitzpeh Eshtemoah, which houses the yeshiva. They were met by three yeshiva students. Geniram says the students chased them off with shouts; the Palestinians say they were attacked.

    When Geniram was called in for questioning by the police, he gave his version of events, in which the students did not assault the shepherds. The indictment focuses on the following exchange:

    Interrogator: So who are the boys who went down to the Arabs?

    Geniram: I’m not interested in saying.

    Interrogator: Do you know who they were?

    Geniram: I do.

    Interrogator: Why won’t you divulge the identities of the boys who went down to the locals?

    Geniram: I don’t want to harm their reputations, their clean records and their ability to contribute to this country. I’m acting on the clear knowledge they didn’t do anything.

    Geniram is a scion of one of the most renowned families in the settlement movement. His father, Yitzhak, was a member of the so-called Jewish underground, a group convicted of terrorist activity. The yeshiva – named after Shalom (Shuli) Har-Melech, who was murdered in a shooting attack – was set up in Homesh and moved to its present location after the disengagement in 2005. The Defense Ministry recognized it as a hesder yeshiva, which combines religious studies with military service, about a year ago.

    Geniram said the indictment was a “stab in the back,” as he actively supports cooperation with the army and the state even as others display suspicion and alienation. “I’m an educator, and I work hard to legitimize the army,” he said. “This indictment hurts this kind of work. I came to cooperate with the police. I could have insisted on my right to remain silent, and then there would be no indictment.

    “I’ve had experience closing criminal files for students and working to change their thinking and to integrate them into the army. If I gave those names to the police – knowing the students haven’t done a thing – they would have had criminal files opened, and that would have affected them for the rest of their lives.”

    Naftali Selsberg, who represents Geniram, said the police “are trying to create informants,” which former Supreme Court justice Haim Cohen said years ago “characterized totalitarian, rather than democratic, regimes.”

    “It’s unthinkable in a democracy to force a man to inform on a friend or a neighbor,” Selsberg said. “It was a strange interrogation. First, they say you have the right to remain silent. Then, when you don’t give the names, you’re accused of obstructing justice.”

    Dan Yakir, legal adviser to the Association for Civil Rights in Israel, said he could not recall a similar indictment. “It’s important to develop a policy on which cases result in indictments, to prevent discrimination and arbitrariness,” he said.


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    28 Comments
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    Yossi
    Yossi
    14 years ago

    Kol hakavod!
    A musser is to be killed acording to the Rambam.
    It bothers me though why he has to find those answers about their records being affected.
    He should just say it out loud, I AM NOT A MUSSER. And willing to go to jail for my brothers.
    And make a kidush hashem, by seting a good example.

    Anonymous
    Anonymous
    14 years ago

    We cannot have two systems of justice. If he has material informaation to a crime, he must disclose the names or himself be subject to obstruction and contempt of court charges. He is not above the civil laws of EY. His motives are laudable but if every witness to a crime used his own beliefs as a reason not to disclose the information, there would be chaos and anarchy.

    starwolf
    starwolf
    14 years ago

    There is no inyan of “moser” in this case. These people are being investigated by an Israeli government, not a Czarist one.In fact, the very same govenment that pays the Rabbi’s salay and the students’ stipends and supports the Yeshiva in general.

    The Rabbi need not go on trial. If he refuses to recognize the government, then he should simply not take his government salary, or the government support that his yeshiva receives. And if he lacks the courage to show this kind of consistency, then that support should simply be taken from him and his institution.

    It does not sound like these students will be given the discipline and knowledge that one would need to be a good soldier. Following the law of your country is usually a good start.

    Anonymous
    Anonymous
    14 years ago

    Why did he just not plead the 5th from the onset ???

    David
    David
    14 years ago

    This moser business needs to be dropped. The Israeli government, like it or not, has a duty to establish law and order; a duty under the Torah, and a duty to its citizens. In order to maintain the rule of law and promote justice, the public is entitled to the rabbi’s evidence. This is not about mesira– it’s just obstruction of justice, plain and simple. Whatever else a Jewish nation is or is not, it should always be a place where justice is served; the rabbi’s actions are not serving justice.

    PMO
    PMO
    14 years ago

    These boys are not being accused of some minor vandalism or reckless driving. This is a serious crime, and if it were a group of Palestinians who attacked a group of yidden we would yelling for blood. Are we above the law? Personally, I want to see these boys brought in to court. If they are innocent, prove it. If they are guilty, prove it.

    I only wish the prosecutors here in America would start to take things like obstruction of justice seriously.

    We must stop thinking we are “above” the law. Dina d’malchusa dina. *IF* these boys are guilty, I want to see them in jail for a good long time. I certainly wouldn’t want a violent gang living near me and their neighbors have a right to know that such a violent gang is living in their neighborhood.

    malach
    malach
    14 years ago

    Almost all of you do not understand how the Israeli court system or police work. It’s not like the US, fellas, so the responses are not like those in the US. The rabbi supports the govt in that he runs a hesder yeshiva etc but he knows how corrupt the police and at least some of the courts are. There is much less check on them to be destructive than in the US and there is truly a lot of bias against Jews, esp religious ones. Study the Israeli govt fellas, before you shoot your mouths off.

    Arabs off Jewish land
    Arabs off Jewish land
    14 years ago

    Let us bring the Arabs who trespassed on Jewish land near a yeshiva be brought to trial not these Jewish students.

    Anonymous
    Anonymous
    14 years ago

    #5

    Information given to clergy is not privilidged

    malach
    malach
    14 years ago

    Read the article, Starwolf. It says:
    “Geniram says the students chased them off with shouts; the Palestinians say they were attacked. “
    Yes of course he denied that they did it.
    Is it your idea that people cooperate with the police no matter what the consequences? Happy you are not a lawyer. The police and legal system in EY need a real overhaul. IY”H.

    starwolf
    starwolf
    14 years ago

    Sorry, I do not agree that a given group of people should be allowed to decide that they will cooperate with the law when the government “performs its duty”. In that case, every scofflaw would have an excuse for not following the law.

    As far as this case goes, there are plenty of documented cases of “Yeshiva students” attacking Arabs, as well as plenty of cases in which the opposite occurred. The police are investigating the case to see whose version is correct–they have no way of knowing that without an investigation. This Rabbi is refusing to cooperate with this investigation.

    You don’t like the State and its laws? Then don’t take a state salary. Don’t make your Yeshiva a State institution. I think that this type of Yeshiva should not be a Hesder Yeshiva–which is, of course a partner with the IDF. The IDF is a State institution–and the soldiers are required to follow the laws of the State–as interpreted by the Courts. You don’t like it–tough. As far as administrative detention goes, yes it can be used unjustly. Would you prefer that it not be used? What would you use instead? Many Arabs feel that it is used unjustly against them as well. Perhaps there is common ground after all.

    You wish to improve the legal system–fine. We have a democratic process here in which every citizen gets the same vote. You are free to vote for those politicians who wish to remake the courts and state institutions according to their ideals.

    Again, I do not think that this Yeshiva should be a Hesder institution or even receive state money. And I will do my best to promote that idea, until they cooperate with the law. The IDF has a right and obligation to select those it deems fit for service. One of the determinants of fitness is recognition of the State of Israel–and its representatives–which include shoftim and shotrim. The IDF can hardly be blamed for not wishing to include a group of people who do not care a whit for Israeli law.