Magistrate's Court Beer Sheva

Case 461\07 – Southern Immigration

State of Israel

v.

Y.T.

Indictment

General Section

  1. During various times, between 2003 and September 2006, while they were in Thailand, the Thai subjects detailed in section 3 of the facts of this indictment, (denominated: "the complainants") approached manpower agencies in Thailand in order to migrate to the State of Israel for the purpose of work.
  2. In accordance to the requirements of the manpower agencies, the complainants were obligated to pay various middlemen sums of money in local currency valued at sums between 23000 shekels to 28000 shekels,[1] as will be detailed in this indictment. In order to pay these sums, the complainants were forced to take loans to extricate themselves from their economic situation, this, in reliance upon the salary they were to be paid in Israel. Some of them were obligated to pay interest in addition to the principal.
  3. This general section is an inseparable part of the indictment.
  1. The Facts:
  1. During the times relevant to this indictment, the defendant's occupation was growing vegetables in Moshav[2] O. He had a permit, from the Ministry of Trade Industry and Labor, to employ foreign workers in agriculture (denominated: "the permit").
  2. In reliance upon the permit, between the years 2003- 2006 there arrived in Israel, Thai subjects (denominated: "the complainants") with B-1 work visas, which allowed them to work in agriculture.
  3. The complainants were employed by the defendants under circumstances and during periods as detailed in the following table:

No. / Complainant's Name / Date of arrival in Israel / Period of employment by the defendant / Sum of Loan incurred abroad in order to obtain employment in Israel
1. / S.P. / 2003 / About 4 years / 24000 shekels
2. / M.T. / 16/6/04 / 27 months / 23000 shekels
3. / P.H. / 7/6/04 / 27 months / 25000 shekels
4. / S.S. / 5/7/06 / About 8 months / 25000 shekels
5. / C.W. / 14/9/06 / About 6 months / 220000 shekels
6. / C.S. / 15/5/05 / 22 months / 24000 shekels
7. / S.T. / 19/5/05 / 22 months / 23000 shekels
8. / N.U. / 5/12/04 / 27 months / 28000 shekels
9. / P.P. / 3/10/03 / 41 months / 25000 shekels
  1. Shortly after arriving in Israel, the defendant detained the passports of the complainants, unlawfully and without their permission, by taking them from the complainants and leaving them without means of identification.
  2. The defendant detained the passports of the complainants during the entire period of their employment, until these documents were returned to them on March 19th 2007, and did not allow them access to their passports. By doing so, he limited their freedom.
  3. During the entire period during which the complainants worked for the defendant, that is, from the beginning of each complainant's employment and until all the complainants left the place in March of 2007, the defendant exploited the vulnerability of the complainants, being foreign workers, dependant upon him for their work visas and their right to reside in Israel, and coerced them, unlawfully:
  4. To work more than 8 hours a day (denominated: "overtime"), at any hour he wished to employ them, in work of various kinds, under unworthy conditions, all this, by using pressure and\or threats as will be detailed.
  5. Forced them to work during most of the hours of the day and obligated them to work overtime, so that, in effect, the complainants worked between 12 – 17 hours a day, for minimal wage of 13 shekels per hour of work, without any additional payment for overtime.
  6. In addition, the defendant limited and restricted the duration of breaks, so that during a work day, the complainants were permitted to take breaks only if they worked additional hours in order to make up for the breaks.
  7. The defendant denied the complainants their right to take a yearly vacation, as required by law, and permitted them only 4 vacation days a year.
  1. During the entire period during which the complainants worked with the defendant, that is, from the beginning of each complainant's employment and until they all left the place in March 2007, the complainants, were forced to agree to work under the conditions detailed in sections 5-7 of this indictment and in effect, worked this way:
  2. The defendant threatened the complainants by saying that whoever did not work according to his demands "would return to Thailand" and\or his salary would be affected adversely or he would be punished in another way (denominated: "the threats").
  3. The complainants were forced to work in this way because they feared that the defendant would carry out his threats.
  4. The defendant forced the complainants to work 7 days a week.
  5. The defendant forced the complainants to work many hours, as has been mentioned, and prohibited them from eating except during short breaks. In effect, the complainants worked most of the hours of each day, experiencing hunger or eating on the run, far from the eyes of the defendant, because they feared the punishments and\or the threats.
  6. During the entire period during which the complainants were employed by the defendant, that is, from the beginning of each complainant's employment until they all left the place in March of 2007, the defendant used to delay the payment of the complainants' salaries, as a rule, sometimes not paying them at all, and sometimes paying them every 3 months by check. Thus, the complainants did not know when they would receive their salaries.
  7. The complainants agreed to work, and did in effect work because they feared the punishments and\or the threats, while being constantly aware of the necessity to repay their loans and the interest on them, incurred in their country of origin in order to obtain work visas in Israel.
  8. The complainants agreed to work, because of their economic and psychological distress, although the defendant did not notify them what their salaries were to be and when they would be paid, so that every element relating to the salaries was shrouded in mist and, in the eyes of the complainants, wholly dependant upon the good will of the defendant.
  9. The defendant did not pay the complainants' salaries on time, did not give them work slips, and did not pay them their salaries at all for the periods of December 2006, January 2007, February 2007 and half of March.
  10. During the entire period during which the complainants were employed by the defendant, that is, from the beginning of each complainant's employment and until they all left the place in March of 2007, under the circumstances, the defendant coerced the complainants to work in various jobs, during most of the hours of the day, without a weekly vacation day, for minimal pay, without paying for overtime, under poor, disgraceful conditions, without giving them proper housing and sufficient food, while pressuring them by means of punishments and threats and while severely exploiting their psychological and economic distress, being that the complainants were foreign workers, far from their native countries, who are not conversant with the customs of the country and with her laws, and feared they would lose their work visas in Israel and would be removed from the country, and thus unable to meet their loan payments, including interest.
  11. The defendant limited the freedom of the complainants, controlled their lives, objectified them and severely exploited their distress, while disregarding their humanity and their equal rights, and he threatened them by means of words and the totality of his behavior.
  1. Sections of Law under which the Defendant Is Accused:
  1. Forced Labor – an offence according to section 376 of the Criminal Law, 5737 – 1977.
  2. Abuse of Vulnerable Populations – an offence according to section 431(3) of the Criminal Law, 5737-1977.
  3. Detention of Passport – an offence according to section 376A of the Criminal Law, 5737-1977.
  4. Threats – an offence according to section of the Criminal Law, 5737-1977.

NOTE: The sections of the law detailed in paragraphs 1,2,3 were amended on October 29th 2006, during the period in which it is claimed that the defendant committed the crimes. In order to remove all doubt, in relation to the acts done by the defendant before October 29, 2006, he is accused under the sections which were in force during that period, and in relation to the acts done by him from October 29, 2006, he is accused under the sections then in force.

רח' הלל 6,קומה 5, י-ם•טלפון: 02-6240425•פקס:02-6467930

מייל:

[1]This is approximately equal to sums between $7777 and $6388 at 3.6 shekels per dollar.

[2]A moshav, for the purposes of this indictment, is an agricultural settlement.