After three and a half months in detention, a court in Krakow has released on bail two young ultra-Orthodox Israeli women arrested on suspicion of smuggling 100 kilograms of khat, a plant classified as an illegal drug in Poland and the European Union.
The court accepted an argument from their Polish lawyer, Wit Steidler, in favor of their release. The women must report to police weekly and are prohibited from leaving Poland until the legal proceedings are concluded.
'This is a very serious crime in Poland. Khat is included on the list of prohibited substances and is classified as a drug'
(Photo: AFP)
Steidler said that under Polish law, the amount of khat found in their suitcases was enormous. "This is a very serious crime in Poland," he explained. "Khat is included on the list of prohibited substances and is classified as a drug. If they are convicted, they could face between three and 23 years in prison. We managed to convince the court that it was inappropriate to continue holding them in detention.
"Even I, as their lawyer, was surprised by the court's decision to release them. But they are young women, this is the first time they have done something so foolish, and there is no point in keeping them isolated. We proposed bail and weekly police supervision. I was lucky the judge listened to me."
The two women, ages 23 and 24, were arrested on June 19 after arriving in Krakow on a flight from Israel. Each was carrying 50 kilograms of khat in her luggage.
There is considerable demand for khat in Europe among immigrants from Ethiopia and Eritrea. According to the report, individuals in Israel recruit young people, usually from the ultra-Orthodox community, to transport the plant in exchange for airfare and a payment of 5,000 shekels. They tell the recruits that if they are caught, the worst they can expect is a small fine or confiscation of their luggage.
However, Poland is considered one of the strictest countries when it comes to khat smuggling. In practice, the immediate consequence is often harsh pretrial detention. As soon as suitcases containing khat are discovered, typically weighing between 40 and 80 kilograms, the couriers are arrested and sent to detention facilities in Poland for periods ranging from several weeks to several months while their cases are examined.
For young people with no previous involvement in crime, the experience can be extremely traumatic: harsh detention conditions in a foreign country, separation from family, a lack of kosher food for those who observe Jewish dietary laws, and language barriers. Polish law enforcement authorities use detention as a form of shock treatment and as a punitive measure in itself, even before a trial begins.
Attorney Mordechai Tzivin, who represents Israelis facing legal difficulties abroad and assisted one of the women voluntarily alongside the Polish lawyer, said the Polish law enforcement authorities deserved thanks for the humane treatment they had shown his client, recognizing that numerous mitigating circumstances should be taken into account.