(Following is a translation of a letter in Hebrew sent by Nadia Matar's lawyer, Yoram Sheftel, to the Attorney General's office.)
Yoram Sheftel, Adv.
Doron Beckerman, Adv.
Ayal Simhoni, Adv.
Nir Alfasa, Adv.
5 Jabotinsky St., (Avgad House, 17th floor), Ramat Gan 52520
tel.: 03-7515001 (switchboard)
October 16, 2005
Mr. Eran Shendar, Adv.
Re: The Investigation of My Client Ms. Nadia Matar, on Suspicion of Committing the Offense of Insulting a Public Servant, Section 288 of the Penal Code, 1977
In the name of my client, Ms. Nadia Matar, I address you as follows:
1. On October 5, 2004, my client was interrogated in the Moriah police station in Talpiot, Jerusalem, on suspicion of committing the above offense, upon your instructions. Let it immediately be said that it would have been preferable not to summon her rather than summon her for this interrogation, since the very order to open an investigation is a foolish and unreasonable attempt to cause the stifling of opinions and an improper and illegal limitation of the freedom of expression of the activists of the national-Zionist-patriotic camp activists who are struggling against the plan for the deportation of some 10,000 Jewish pioneers - who have been giving their lives (literally, as well) - since the beginning of the Oslo war (the "shameful deportation plan"), all in order to hold onto the soil of the homeland.
2. The purpose of Section 288 of the Penal Code, 1977 ("Section 288") is to prevent, by means of a criminal sanction, a situation in which a citizen who requires the services of a public servant and is dissatisfied with the response that he received will, in response, curse that public servant. And similarly, a situation in which a police officer writes some report against someone, and the latter rudely insults the officer, and the like, Section 288 is for this end, and for this end alone.
The purpose of Section 288 is in no way to serve as a tool in the hands of the State Attorney's Office and the police to intervene, and certainly not in a selective and discriminatory manner, in any public debate, including that which has arisen concerning the shameful deportation plan.
3. Furthermore, the letter by my client comprises trenchant and legitimate criticism of the very willingness of Yonatan Basi - who, like most of the pioneers of Gush Katif, wears a kippah [skullcap, i.e., is religious] and therefore the governmental circles are so happy over his services - to carry out the shameful deportation plan.
4. The comparison of Yonatan Basi's deeds to those of the Judenrat during the Holocaust period, based on the clear context in the letter by my client, was intended solely to denounce Yonatan Basi's willingness to collaborate, and willingly so, with the government in the implementation of the shameful deportation plan. Needless to say, in every society that presumes to be free, it is the right of every person to denounce in a strong and blunt manner those like Yonatan Basi who are willing to take upon themselves the implementation of such disgraceful deeds that the implementation of the shameful deportation plan entails.
5. The intervention of the government in such matters by means of the State Attorney's Office and the police, with the aim of incriminating one who makes use of such a basic and understandable right, teaches nothing of the criminality of the act, but rather of the "short fuse" of the rulers and those who do their bidding, as regards their ability to contend with legitimate criticism. And it should be stressed, once again: the comparison of Basi's deeds with those of the Judenrat bears no connection with the "insulting of a public servant."
6. Now here, it was specifically the "founding fathers," first and foremost Chaim Weizmann and David Ben-Gurion, who poisoned the public debate in the Land of Israel and in the Zionist movement - already beginning in the period before the establishment of the State [of Israel] -with their repeated and despicable comparison of Zeev Jabotinsky and Menachem Begin, of blessed memory, not to those who, like the Judenrat, aided the Nazis, but to the Nazis themselves, and especially to Adolf Hitler, may his memory be blotted out.
a. Chaim Weizmann, the President for decades of the Zionist movement and the first President of the State of Israel, repeatedly uttered the despicable and false expression that "Revisionism [that is, the Jabotinsky movement - Y. S.] is comparable to Hitlerism in its worst form."
b. Ben-Gurion, in his contemptible language, constantly applied to the head of Betar, Zeev [Vladimir] Jabotinsky, the base epithet: "Vladimir Hitler."
c. In his well-known wickedness, Ben-Gurion said of Menachem Begin, the leading and most talented of the disciples of the head of Betar, that: "Menachem Begin is a clearly Hitleristic type, and if he were to rule in Israel, he would rule as Hitler did in Germany and forcefully and cruelly repress the worker's movement." All the quotations are from p. 25 of the book by Tom Segev, Ha-Milyon ha-Shevi'i.
It need not be recalled that, almost every day over the course of fifty years, Menachem Begin, of blessed memory, was constantly called a fascist by all the elements of the leftist camp; and, as is known, Nazism is an integral part of fascism.
And now, in an environment in which the "culture" of debate is as detailed above, there is clear political persecution in the summoning of my client to a criminal investigation for the use of such a relatively neutral term as Judenrat in regard to Yonatan Basi.
7. Finally, the selective enforcement of the law is a phenomenon of unequaled severity, and how much more so when the selectivity ensues from invalid political considerations.
Attached is an extremely partial list of statements by Flaviuses of Edomite descent [a reference to Josephus, i.e., traitors] from the media, academia, and the arts, in comparison with which the statements by my client regarding Yonatan Basi are completely neutral.
a. During the course of the Lebanon War, Prof. Leibowitz, making use of the sewer language of which he was fond, called IDF soldiers "Judeo-Nazis."
b. Prof. Moshe Zimmerman polluted the air a number of years ago when he said that the children of the renewers of the Jewish community in Hebron - who hold on to the City of the Patriarchs by their fingernails - are like the "Hitlerjugend."
c. The retired Stalinist Prof. Harsegor published an article in Haaretz - to be precise, it would be preferable to translate its name into Arabic - in which he asserted that "the leaders of the ultra-Orthodox are the enemies of democracy, no less than the blackshirts or the heads of the Nazis in Germany."
d. Shulamit Aloni, who is totally identified with Arafat and his gang, soiled the pages of the Maariv newspaper at the end of 2002 when she wrote that: "Eli Yishai acted in accordance with the Nuremberg Laws when he was the Interior Minister," and, relating to a PR film of the Shas [political party], she wrote in the same article that "this reminds me of a Nazi propaganda film."
e. A gutter rag by the name of Kidmah ["Progress"!] informed its readers in January 2003 that: "A general statement may be made of the ideological settlers, that they are much worse than any neo-Nazi in Austria."
f. Gen. [Res.] Shlomo Gazit spoke obscenely a number of years ago when he said that: "there is a resemblance between the knitted-kippah-wearing IDF soldiers and the SS symbol on the Nazi uniforms."
g. In 1988 the anti-Semitic scoundrel Yigal Tomarkin dragged a pig to Malkhei Yisrael Square, and wrapped it in tefilin.
We need not burden anyone with needless words: none of these good-for-nothings were placed on trial. The reason for that is as simple as can be: we are dealing with a band of the wicked, each of whom belongs to the Flavius-of-Edomite-descent camp, and they therefore enjoy "immunity" from being placed on trial. The State Attorney's Office explains this "immunity" by means of diverse and strange excuses, that change from time to time, but always remain within the realm of excuses lacking any real basis.
8. And last of all, Section 288, for which my client is under investigation, on the basis of your order, is one of the less serious sections in the Penal Code. This is an offense that is in the lower level of offenses of a minor type; despite this, with such great alacrity - and out of the desire (that will not succeed) of instilling my client with fear - you issued an order to investigate her. In contrast, the most serious offense under the Penal Code is that under Section 97 of the law. This offense is the first in para. 2 of part 2 of the Penal Code, that is entitled "Treason," in both senses of the word.
According to this section: "Whoever acts intentionally to harm the sovereignty of the State, [performing] an act that harms its sovereignty, is punishable by death or life imprisonment."
Together with Sections 98 and 99 of the Penal Code, these are the only sections in Israeli law - with the exception of the Law for Imposing Justice on Nazis - for which the specified punishment is death.
Not a day passes in which the heads of the Flavius gang who are signatories to the traitorous writ called the "Geneva Accords" are not interviewed by their supporters in the electronic and printed private and state media, in order to publicly disseminate the criminal "accords." These understandings are headed by the giving over of what is holy to Israel in united Jerusalem, that is entirely under Israeli sovereignty, to the murderous gangs of Arafat, the Hamas, and the like.
Although this is an act of treason, not only from the Jewish moral aspect - "If I forget you, O Jerusalem, may my right hand forget its cunning" [Psalms 137:5] - but also by the law in force in Israel, none of the above - Beilin, Lipkin-Shahak, Nehamah Ronen, and their accomplices - have as yet been investigated, and certainly not placed on trial, for the seeming public and deliberate commission of the most serious of the offenses in the Penal Code, that is, the offense of treason.
9. As the above collection clearly indicates, any objective observer from the side will likely receive the impression that my client is being persecuted by the State Attorney's Office solely because of her Zionist-national-patriotic world view, that is not viewed favorably by the top echelon of the State Attorney's Office, most of whose senior officials are, as is common knowledge, situated kilometers to the left of center as regards their political world view.
10. Accordingly, it would be proper for you to immediately issue an order to shelve the investigation concerning my client. Even if this shall not be done, my client has agreed with me to inform you this would be a vain thought that her summons to the interrogation rooms of the police, on the order of the State Attorney's Office, would deter her from continuing in the holy work that she has done for many years, for the people of Israel's maintaining its hold of all parts of Eretz Israel.
Yoram Sheftel, Adv.