Thierry Shimla, or his Israeli name Shalom Shemesh, an Israeli-French citizen facing extradition to France, filed an urgent petition this week for a conditional order and an interim injunction against Justice Minister Tzipi Livni, through his lawyers, Attorney Mordechai Tzivin and Attorney Nechama Tzivin.
The petitioner is accused in France of setting fire to a building 12 years ago, resulting in the death of a woman and the injury of two other people. He claims that his life is in danger in prison in France. In addition, he claims in the petition that this is a country that refused to extradite Dorsey Le Zeitouni to Israel, and therefore Israel is prohibited from extraditing citizens who have committed crimes on French soil.
About a year ago, the District Court agreed to declare Shimla extraditable. Shimla is charged in France with manslaughter, aggravated assault and battery, arson, and attempted fraudulent receipt of goods under aggravated circumstances.
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According to the indictment against him, in 2002, he and an employee set fire to a warehouse he owned in the city of Marseille. At the time, he was the owner of two shoe trading companies that were in financial difficulties. One of them was declared insolvent and liquidation proceedings were scheduled to begin three days after the arson.
The second company also accumulated debts. About two months before the fire, Thieri increased his insurance policy in case of fire, but he could not have foreseen what happened: the fire caused an explosion, which resulted in the collapse of an apartment located above the warehouse. The tenant was killed and her husband and another neighbor were injured.
Shimla and the worker were also burned and hospitalized for an extended period, while Shimla himself was in a coma for about two months.
Two days after he was released from the hospital, he was detained under restrictive conditions for a year - and then released.
An indictment was filed against him, but Shimla never appeared in court. After all, he and his brother came to Israel and received citizenship. Shimla also changed his name to Shalom Shemesh at that time. In his absence, he was sentenced to 20 years in prison by a court in France.
The worker awaits revenge
Shimla is now petitioning through his lawyers, Mordechai and Nechama Tzivin, against Tzipi Livni - who recently signed the extradition order by virtue of her authority as Minister of Justice. The petition states that the minister should have exercised the discretion granted to her under the Extradition Law and refrained from signing the extradition order.
Attorney Tzibin, known for his international connections, all over the world, some of which are mysterious, writes in the petition: "The honorable court is requested to issue an interim order ordering the respondent - the Minister of Justice, to give reasons why she will not revoke her signature on the order ordering the extradition of the petitioner to the French authorities for the purpose of serving his sentence or for the purpose of conducting a retrial and clearly proving his guilt in committing the offenses specified in the order.".
""The Honorable Court is requested to issue an interim order prohibiting the respondent from extraditing the petitioner to France until a different decision by this Honorable Court, otherwise the purpose of this petition will be thwarted from the outset, irreversibly.".
In the petition, attorney Nechama Tzivin states that the matter constitutes a violation of the principle of reciprocity on which extradition relations between countries are based. The lawyers also claim that Shimla's life is in danger because his partner in crime, his former employee, is waiting to take revenge on him in France, and that is why his parents also fled to Israel, due to threats he sent about imminent revenge.
Another reason is Muslim anti-Semitism in prisons in France, since Shimla is Jewish and Israeli. In the petition, attorney Nechama Tzivin claims that "it is clear from the press and from the famous that do not require proof that anti-Semitism in France, especially that originating from the Muslim population, is increasing and has even caused loss of life.".
For the petition from France, attorney Nechama Tzivin provided information from the media about harassment of Jews in France in general and within the walls of prisons, where the proportion of Muslim prisoners is particularly high. "The danger expected for the petitioner from these prisoners is twofold, since now he is not only Jewish, he is also Israeli.".
""We expect the High Court judges to take up the gauntlet and not allow the continuation of asymmetry in the extradition treaty with France," attorney Mordechai Tzivin tells Haredim10, "especially after the case of the late Lee Zeitouni, in which it became clear to what extent this kind of lack of reciprocity reaches the point of absurdity. It is also forbidden to continue ignoring the danger of death that Shimla faces within the walls of a prison in France," says Tzivin. "There is no dispute that Muslim anti-Semitism has spread in France, and certainly in Marseille, which has a high proportion of North African Muslim population.".
The great men of Israel are enlisting.
The next stage was to mobilize the great men of Israel for the struggle.
First, MK Moshe Gafni addressed Justice Minister Livni: "I would like to inform you that most of the prisoners in France are Muslims. There is a danger to his safety in prison, so it follows that from his perspective this is a question of a death sentence rather than imprisonment. I would point out that Mr. Schmal claims innocence, which will be determined in court. However, the big question is whether he will be able to stand trial, as it is not certain that he will leave prison alive. I am appealing to you and asking for further consideration and a re-examination. As an end in itself, with forethought, we can say: Our hands did not shed this blood.".
A similar letter was also sent by MK David Azoulay. He also said that Mr. Shmola's family had contacted him, and even attached Zvi Amar's letter. "The State of Israel has a moral debt to its citizens, even if they committed a crime in another country. We must ensure that they pay their debt to society, provided that they are not harmed.".
A similar letter was also sent by MK Yoni Shtavun of the Jewish Home, also calling on Livni to reconsider her decision. "It seems that it would not be an exaggeration to say that handing over Shelom to a French prison is like throwing him into the lions' den," he wrote. "He will be able to pay his duty to French and Israeli society even under the supervision of the Israeli Prison Service.".
The letter calling for the man not to be extradited is signed by Jewish elders from all circles and denominations.
And so wrote the president of the Council of Torah Sages, Hacham Shalom Cohen:
""I hereby come to express my Torah opinion regarding the extradition of Mr. Thier Shemlah (Shalom Shemesh), who is seeking to extradite him to France and there is a great fear for his life. It is a mitzvah to do everything to save him, who is in great fear for his life if he is extradited. Therefore, I would ask everyone in their power to influence the Minister of Justice not to extradite Mr. Shemlah, and the right of the mitzvah will stand with all those who help and assist in this matter.".
It is important to note that the letter is also signed by Rabbi Karelitz, who is not feeling well these days and yet took the trouble to join the letter: "I also agree with the words," in his signature.
A letter was also attached from the Hasidic side, signed by the head of the Chabad community, Rabbi Mordechai Shmuel Ashkenazi. "I have learned that there is a great fear for his life in his extradition to France, because most of the prisoners in France are Muslims, and the community leaders warn that his extradition is tantamount to a death sentence for all intents and purposes. Mr. Thier Schmola is a friend of Chabad and close to the Rebbe's envoys in Marseille and it is a great mitzvah to save him," the rabbi writes, calling on "each and every human being to personally contact the Minister of Justice so that she does not extradite Mr. Schmola.".
Attorney Mordechai Tzivin tells Haredim 10 that "We expect the High Court judges to muster courage and, within the framework of the authority given to them, not to allow the continuation of asymmetry in the extradition treaty between Israel and France, especially after the case of the late Lee Zaitouni, which revealed the extent to which this type of lack of reciprocity reaches the point of absurdity." Attorney Tzivin added, "It is unacceptable to continue ignoring the risk of death facing our client within the walls of a prison in France. There is no dispute that Muslim anti-Semitism has spread in France, and certainly in Marseille, which has a high proportion of North African Muslim population.""
Shimla's family asks anyone who is concerned about the issue to personally email the Minister of Justice and ask that she not extradite Shimla due to the danger to his life if he is extradited to France, or alternatively, to approve the extradition on the condition that Shimla's safety is guaranteed by keeping him under house arrest during the trial, and if he is sentenced to prison, he will serve the sentence in Israel.
The Minister of Justice's email is: [email protected]
