The fate of three bochurim from Eretz Yisroel detained in Japan nearly three years ago, after drugs were found concealed in their suitcases, has been in the minds and tefillos of Jews all over the world ever since. Mr Mendy Bude, a prominent figure in Northwest London, spent a few days in Tokyo the week of January 26, to see the situation for himself and to be present during a hearing in the appeal of one of the bochurim at the Japanese High Court in Tokyo.

“Why are you going?”, “What will you achieve?”, “Is this not a waste of your valuable time?” These were the typical comments made by many of my friends and colleagues when hearing that I proposed to visit the two incarcerated bochurim in Japan.

The events leading to this visit start on 3rd April 2008 when three young bochurim (aged 17,19 and 22) were arrested on entry to Japan at the Narita International Airport, Tokyo, allegedly trying to bring into Japan a massive quantity of illegal drugs hidden in secret compartments of their suitcases. I must admit that when I first heard what had occurred while feeling some compassion I felt that they deserved what was coming to them; and perhaps this was not a justifiable case of Pidyon Shevuyim.

Over the forthcoming weeks and months the true story emerged. These are innocent boys; naive in the extreme; duped by an evil man. As I will demonstrate they had no idea they were doing anything illegal. They thought they were assisting a legitimate businessman delivering antiques for him in return for a modest payment which would help their impoverished families with Pesach expenses.

As my report is intended to be a record of my visit to Japan, I will not dwell on legal analysis; however I do feel it right that I should highlight some bullet points: 

(1) These boys came from very sheltered families with no access to radio, television, the internet, or any other modern forms of technological communication. They had no exposure whatsoever to Western culture and did not receive a secular education. They are only able to speak Yiddish and Biblical Hebrew. 

(2) It has been proven in the Japanese courts that they had no idea what “drugs” are. When asked at one of the hearings to define “drugs” one of the boys naively replied, “Of course these are medicines you take when you are not feeling well”! 

(3) As they had no command of Japanese or English, when given immigration and customs forms to complete, they had no idea how to deal with these. They asked the airline stewards and government officials at Narita to fill in the forms for them!

Detention Centre Visit

Early on Wednesday morning we (i.e. Mr and Mrs Yaki Halpern of Manchester who accompanied me on the trip to Japan and myself) were driven to the Chiba Detention Centre where the Bochurim are being held pending a final verdict. Chiba is approximately one-hour’s drive from central Tokyo. At the Detention Centre the father of Yaakov Yosef was waiting for us. He is a dignified softly spoken man, a chasidishe Yid from Bnei Brak (who had traveled to Japan to visit his son and attend the appeal hearing due to be heard that afternoon). We were taken to meet Yaakov Yosef. Our meeting took place in a cubicle divided into two sections with a glass barrier and two desks separating one part of the cubicle from the other. As we had been given access without the lawyer being present, it was necessary for a prison official to sit in on our meeting and he sat next to Yaakov Yosef on one side of the glass barrier and we sat on the other. I am pleased to report that Yaakov Yosef has grown into a fine young man of great maturity. At this point, I must emphasise that the Bochurim are being held in a “detention centre” rather than a “prison”. This is because one of the bochurim has not been convicted, and awaits his verdict, whilst the other bochur is in the process of appealing a 6 year sentence that was rendered in April 2010. There is a world of difference between a detention centre on the one hand and a Japanese prison on the other hand. Japanese prisons are brutal; prisoners are subject to forced labour; religious observance is impossible, prison uniform must be worn; prisoners’ heads are shaven and Shabbos is nonexistent. It is almost impossible to come out of such a prison without permanent psychological damage. A detention centre on the other hand – while not minimizing such an awful experience – is not subject to the same brutal conditions. Accordingly, Yaakov Yosef is allowed to wear his own clothes and they were impeccably clean. He is allowed to wear his full malbush, with the exception of a hat. Notwithstanding the awful circumstances he is in, he is bearing these with dignity and his serenity and acceptance of Hashem’s decree made an impression on me that I do not believe I will ever forget. He was so thankful to hear about the tefillos that Klal Yisroel were davening for him. He gave me the impression of being a serious thoughtful young man whose emunah and bitochon are if anything stronger as a result of the terrible events that have befallen him and told me he spends his day davening, saying Tehillim and learning. He became emotional only when seeing pictures of his family but held back his tears. Kosher food is not provided and therefore the food he can eat is very limited (fruit, vegetables, fish and bread) but nevertheless, I am pleased to say that he looks healthy and well and in reasonably good spirits. He has no contact with his fellow prisoner Yoel Zev, and while he can keep Shabbos (as there is no forced labour), Shabbos as we understand it is in practice non existent. He has some fish on Friday night and fruit on Shabbos and sings zemiros making his own “botta” with only himself as company! Our driver who speaks Japanese and Hebrew – not Yiddish, was the “official interpreter” for the benefit of the prison official. The driver had to make a note of what we were saying and place the note from time to time against the dividing window so that the prison official on the other side could read the note. Given we were speaking Yiddish and our driver interpreter could not speak Yiddish, one would not place too much confidence on the accuracy of the interpretation!

Time was up and we left Yaakov Yosef after about 20 minutes. It is no exaggeration to say that I felt we were leaving a pure neshomo who had chosen to accept his fate with the greatest dignity and emuno. He is a credit to himself, his family and Klal Yisroel. The next scheduled meeting was to be with Yoel Zev, who was waiting for us in another cubicle and as we had a Japanese lawyer with us, there was no need for an interpreter. In short if asked to use a one word description of his character, I would describe him as “jolly”! He wears a distinctive large white kappel being a Chossid of the Toldos Avrohom Yitzchok Rebbe. He joked with us and in a more serious moment told us that he is a “Shliach Tzibbur” of Klal Yisroel. He has access to pen and paper and he personally prepared a Bruchim Habo’im poster for us! He could not hand this to us due to the separation between our part of the cubicle and he continually expressed his appreciation for our visit. He too spends the day in a similar way to Yaakov Yosef and also spends much of his time letter writing and reading letters, and magazines in Yiddish and Hebrew, which may be sent to him. His letters home and to his friends are weaved with insights from Chazal and contemporary seforim. He often allows himself the ‘luxury’ to spend some time drawing artistic pictures with a few colored markers he is allowed. He has a ready smile and once again said he has no complaints about his matzav. He was excited to hear that the first of the three Bochurim has now been released. At the end of our meeting, we had an impromptu rekidah with hands touching through the glass panel.

The Askonim

On our exit from the Detention Centre, we met two of the askonim in the case, Reb Aron Nezri (of London) and Reb Meilech Bindiger (of Antwerp). These people have put their life on hold and deserve and require the greatest support from all of us. Aron Nezri told me as an aside that he had now been to Japan 23 times! “Mi Keamcho Yisroel!” Having spent about 2½ hours in total at the Detention Centre, we were then driven back to our hotel to be ready to attend the appeal hearing at the Japanese High Court taking place that afternoon. Before I turn to a description of the court proceedings, I must mention that Dayan Rav Chayim Yosef Dovid “Chido” Weiss, the Satmar Dayan of Antwerp, has been the mastermind of this Pidyon Shevuyim project and has put together what without hyperbole can be described as the best legal team in Japan. He too has traveled to Japan on many occasions. He has turned his and his family’s life upside down. Another celebrated leader of Klal Yisroel who came to Tokyo for the purposes of the hearing is Rav Yitzchok Dovid Grossman of Migdal Ha’emek. Naturally Dayan Weis and Rav Grossman, both carrying a regal bearing, attended the appeal hearing. It is believed that the Judges (three Judges) take note of the interest and support shown by world Jewry, which will be to the benefit of the appellant. Rav Grossman sat in the front row quietly reciting Tehillim from time to time while avidly following the Court’s proceedings.

The Appeal

The appeal hearing lasted four and a quarter hours with a fifteen-minute break during which time history was made. By hashgocho, a London businessman visiting Tokyo had heard about the appeal and also wished to attend to show his support. Thus there were ten persons present and a minyan for Mincha was held at the Japanese Court of Appeal; no doubt a first! As for the appeal it is helpful to explain its purpose and the background law:- Under Japanese law it is a complete defence to prove absolutely no knowledge of the crime. “Vague knowledge”/”suspicion”/”doubt” is not a defence. There must be absolutely no knowledge i.e. zero percent. A lie-detector/polygraph test had been administered by the Japanese authorities. The bochurim had “passed” the polygraph test with flying colours; the natural conclusion for which should be that they had no knowledge, and thus should be acquitted. Notwithstanding this, the Japanese examiner (Ms. Reiko Suzuki) who had conducted the polygraph test concluded post facto that even though they had passed the test it was not conclusive insofar as it did not exclude the possibility of “vague knowledge”. The expert witness now brought by the Defence is recognised as the world’s leading expert in polygraph evidence. He is Professor Gershon Ben Shakhar. The proceedings moved slowly as his evidence was given in English and it was necessary for all the questions put by the Defence Lawyer (Takashi Takano) in Japanese to be translated into English and then for the Professor’s English reply to be translated back into Japanese. Also present was a Japanese/Hebrew Interpreter who was only required at the commencement and the end of the hearing. There are various scientific methods of applying a polygraph test. The Professor stated that in most countries the CQT (Comparison Question Test) test was used, which he did not consider satisfactory. However, in Japan the CIT (Concealed Information Test) test was administered, which he considered to be excellent and effectively foolproof. He added, that contrary to polygraph examiners elsewhere, all Japanese examiners are also neuro-science researchers and thus higher qualified examiners. When asked about the charts, Ben-Shakhar explained – “the charts have a tremendous amount of data, and show the typical un-knowledgeable individual. In addition, the charts show the results of the card test of the defendant that show differential responses, which proves they were valid candidates for this examination.” – “it was very consistent and very clear which shows a clear reaction to the item that has some meaning to the individual Differential response” Prof. Ben-Shakhar was asked to explain “time recognition” in a polygraph test – “The time recognition question was formulated perfectly – covering the entire time range of possible gaining knowledge. Furthermore – even if the correct item is not included in the question, similar – but not identical – still shows differential response” said Ben-Shakhar. “A definite reaction, even of suspicion would be indicated when asked about the time of suspicion, or a time near suspicion. Since suspicion doesn’t begin at birth, it must have started somewhere, so if one claims that a person gained knowledge at a certain time, and it was included in the questions, then that’s what the polygraph is all about?”. The Professor had no quarrel whatsoever with the results of the CIT polygraph test. Based on his research and his experience he had no doubt (citing many learned articles) that “vague knowledge” would have shown up on the polygraph test. The conclusion must be that the boys had no knowledge. The suggestion by Ms. Suzuki that they had “vague knowledge” was not based on scientific analysis. Prof. Ben-Shachar concluded– “The Argument of vague knowledge actually undermines the whole science of the test. Why conduct the test if vague knowledge can’t be detected? The searching CIT discriminates between knowledge and NO knowledge. Vague knowledge IS knowledge! Ben-Shakhar said that the polygraph test was an excellent test and so were the results “I agree with Miss Suzuki’s formulation of questions and the interpretation of the results – but I cannot agree with her post hoc argument of ‘vague knowledge’. It is not based on science. It contradicts existing scientific importance and it undermines the science of examinations”. He than added that he feels he is defending Ms. Suzuki (the Japanese polygraph examiner) by complimenting her and confirming the accuracy of the test but disagreeing absolutely with her conclusion and “he was saving her from herself!” It is interesting to note that when Ms. Suzuki had given her evidence (at an earlier hearing) she had cited in support the works of Professor Ben-Shakhar. The Prosecution then put some questions and the Presiding Judge (Chairman of the three Judges) put further searching questions to the Professor. The hearing was adjourned with a further hearing due to take place at the end of February for Ms. Suzuki to give her comments and a final hearing is scheduled for March when closing arguments will be presented. Yaakov Yosef left the courtroom by a lead attached to handcuffs. A distressing experience for his father and ourselves to have to witness.

Conclusion

The askonim have used every form of hishtadlus and hopefully with all the Tefillos and with sayata diShmaya, will achieve an acquittal. The Judge in Yoel Zev’s trial has confirmed that he will take note of the expert witness evidence in Yakov Yosef’s trial. If cholilo a guilty verdict is reached, then the askonim are hopeful that the time spent in a brutal prison as opposed to the Detention Centre, will be minimal.  the first bochur (now thankfully released) had to spend 11 months in prison before his transfer to Israel and this must be avoided at all costs. After a long and ardous journey, we Boruch Hashem arrived back home Thursday morning! Was it worthwhile? What was achieved? Was it a waste of time? You the reader must come to your own conclusion but I the writer have no doubt whatsoever.

Aaron Emanuel (Mendy) Bude.

IMPORTANT NOTE: CLICK HERE TO BE MEKAYEM PIDYON SHIVUYIM IN ASSISTING THE BOCHRIM STILL IN JAPAN PRISON!!

The tzibur is requested to continue being Mispallel for Yoel Zev ben Mirel Reesa Chava and Yaakov Yosef ben Raizel.

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