Listen: “This is a modern method of torture—if a hundred years ago the K.G.B. tortured people with electric shocks, today they keep a person detained until the end of proceedings” — Rabbi Aharon Schwartz on the prolonged legal torment of Rabbi Eliezer Berland shlit"a

“The Rav shlit"a himself decided on the course of the plea bargain, and we all respect his decision.” Rabbi Aharon Schwartz describes to Kol Barama radio the feelings in the wake of the plea bargain of Rabbi Eliezer Berland shlit"a. “It’s true that we would have preferred to prove completely the Rav shlit"a’s innocence—which we are absolutely certain of. Still, it must not be forgotten that the Rav has already been sitting behind bars for almost eight months. Now the Rav is in Israel, but before that he was tortured in the prison of a third-world country (South Africa), under some of the harshest incarceration conditions in the world. If the Rav had not been held in detention until the end of proceedings, it certainly would have been preferable to dismantle all the false accusations against him. But it is known that in the State of Israel, because of the great pressure on the justice system, they have a policy of applying pressure to the defendant—through which they force the defendant to reach a quick plea bargain. This is a modern method of torture: if a hundred years ago the K.G.B. tortured with electric shocks, today they detain a person until the end of proceedings.”

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“We are not the only ones who think this way. Justice Miriam Naor also pointed to this fact, and many others as well. This method began in the period of Police Commissioner Danino, and it is fundamentally invalid. It forces the defendant—even when he is innocent—to admit to acts that have nothing to do with him. We are speaking about an 80-year-old man with very severe health problems, who would have to endure a trial process of almost two years, during which perhaps we would succeed in dismantling all the lies and false allegations against him. We are all certain of his innocence, but the Rav shlit"a’s health is more important to us.”

“The data is that in the State of Israel there are 97% convictions. Does that seem right? True? Realistic? Did 97% of everyone who comes to court really do what is claimed against them? Anyone who knows the Israeli legal system knows that there is coercion here. Sadly, today the judges function as a rubber stamp for the prosecution; all of the prosecution’s requests were accepted in full by the judges. Every level of the courts through which we tried to change the decision to place the Rav in detention until the end of proceedings was rejected—we reached a situation of having no choice. The Rav shlit"a’s health is more important.”