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Psak 5768 Adar II 10

Informal translation from Hebrew of the 10 Adar II, 5768 (16 March 2008) statement:

Special Court for Matters Concerning the Nation and the State
(Operating autonomously)

A disposition of the intent behind the ruling demanding release of Tzvia Sariel

7th Adar, 5768
Rabbi Dov Stein
Secretary of the Court

Today the authorities of the "Naveh Tirzah" prison entered the cell of Tzvia Sariel - arrested, in solitary confinement, contrary to the laws of the state. During an hour long visitation of the mother of the arrested young lady, Ruth Sariel, the prison authorities interrupted the visit and asked the arrested young lady, why won't you sign the release forms?! The rabbinical court instructed you to [sign the] release?!

From this one might conclude that in the same way the media received this misinformation, circulated deliberately by the prison authorities.

We wish to make it perfectly clear in an attachment to the verdict of the Special Court for Matters Concerning the Nation and the State under the auspices of the Sanhedrin (the Great Court of 71) instructed unequivocally for the immediate and unconditional release of Tzvia Sariel. Moreover the rabbinical court instructed the secular court to cancel the indictment.

A proper court system (and we did not find in this case any point to indicate that the secular court system was acting as such) would require payment of indemnity for the [wrongful] arrest.

At the completion of the hearing by the Special Court for Matters Concerning the Nation and the State, at 4pm in the afternoon, just before the Sabbath, we understood, both the wardens and the prisoner, that the religious court had instructed immediate release of the prisoner without delay, even before the beginning of the Sabbath.

Unfortunately, the court system and the advocate did not respect the instructions of the this court. They did not release Tzvia Sariel, in spite of the fact it was they who brought the case before this court. As such they continue to make a mockery of the state's court system as indicated in the ruling.

It will be noted that the root of any court system of the Jewish people, including the state's courts, is subject to Jewish Law, which is the Constitution of the people and the land. The court adds and apprises, (and this is after consultation with legal specialists), that the position of the arrested - not to recognize the [secular] court system - does not contradict any statute legislated by the state. This court infers that the secular court system is interested to bypass recognition of this fact like so many shady regimes throughout history. The religous court has decided not to interfere, under the present circumstances, with the right of the prisoner to choose - as a kiddush Hashem - for the sake of Jewish Law in Israel by her own personal sacrifice and cost.

We instruct, for a second time, the secular court system to immediately release Tzvia Sariel from detention. If the secular court thinks that there is a basis for indictment then let it prove so in court. Until this point, during the course of three and a half months, the secular court system has failed again and again in the realization of this goal and its methods of investigation.

According to the court records that we have read, and according to the testimony of Tzvia Sariel in the courtroom, there is no basis for indictment. Exactly the contrary, the indictment is on the civil administration, government, police and secular court system, and anyone else who participated with them in this travesty of justice against Tzvia Sariel.

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