Israel will not hesitate to say that, in my opinion, these also include the human dignity of potential victims in our case of drug trafficking. The modern approach to criminal enforcement includes the rights of crime victims (Crime Victims' Rights Law, 5761-2001), and they must be fixed in our consciousness. Ultimately, the appellant's rights are weighed in the Extradition Law and in case law, and as my colleague Justice Levy showed, the rights under the Basic Law are not contradicted in this extradition decision.
- (1) Counsel for the appellant argued that from the point of view of the Jewish Law, prosecuting those suspected of offenses is essential, but prosecuting in Israel should be preferred. On the other hand, the state's counsel argued that according to Jewish law, there is room for extradition. Both sides supported the same ruling, i.e., High Court of Justice 852/86 The above (hereinafter - Parashat Aloni v. Minister of Justice [16]), pp. 76-98, in a review Vice President Alon; Parashat Sheinbein [44] Reviews Justice Ilan, Pp. 668-669; In the opinion of Judge M. Drori In his decision in our case on the request for detention until the end of the proceedings (II"S (Jerusalem) 4024/05 Attorney General N. Rosenstein [65], 17.2.2005). Judge Alon He concluded that the trial The Hebrew denying a person's escape from justice and requiring that he be brought before the competent court, and therefore there is room for extradition, all the more so when it comes to an act under the supervision of a sovereign Jewish state; He expressed his principled position that the The Extradition Law (as it was then) are also valid according to Jewish law. See also the summary of his opinion in M. Alon's article "Extradition Law in Jewish Law" [a]. Rabbi Shaul Israeli (Israeli S. "Extradition of a Criminal to Foreign Jurisdiction") [b]), who first believed that the prohibition of going to foreign courts is in its view; Second, extradition is permitted when Israel itself does not have the opportunity to judge him. He also added that imprisonment abroad, "in addition to separating a person from his family, distances him from the Jewish experience, from holidays and festivals, and from everything Jewish... This is spiritual death."Name, At pp. 292-293). Finally, according to Rabbi Yisraeli, "it is forbidden to hand over a single Jew to the courts of gentiles, and it is obligatory to conduct a just trial for him in the State of Israel" (see also Rav
Y. D. Bleich, "Extradition of a Criminal to a Gentile People" [c]). Yes see reply Judge Alon For those who object to it (M. Alon, "The Establishment of the Legal System on the Law of the Torah" [4]), and among his words he said: "In our issue there is another practical consideration. In my opinion, it should be taken into account, even from a purely halachic point of view, that a sovereign state, especially in the situation of Israel, which is fighting for its existence and well-being, needs extradition agreements with other countries, so that they can extradite terrorists and murderers who have fled to its jurisdiction. Thus, for example, the State of Israel demanded the extradition of the terrorist Abu Ein from the United States, due to the commission of acts of sabotage in Tiberias... This extradition is important and essential for the State of Israel, it increases its security and its ability to fight terrorists, and it will not be possible without a commitment from Israel to extradite wanted criminals.-by the United States. This consideration,