The
court files from the Haifa Magistrate Court, where the underlying
issue is fraud in the management of a Conservatee's property, and
where Judge Esperanza Alon is the central figure, provide a unique
example of the conduct of sham litigation and the issuance of sham
court records. Moreover, these records provide a unique example for
the role of Net HaMishpat – the court's computer system, as a key
tool for corruption of the Israeli courts. Under the tenure of
Presiding Justices Aharon Barak, Dorit Beinisch, and Asher Grunis,
the Israeli courts have experienced unprecedented corruption,
facilitated by large-scale fraud in implementation of new computer
systems in the Israeli courts by the office of Administration of
Courts in collusion with the Ministry of Justice.
Figures
Sham
court records
On
March 17, 2013, Judge Esperanza Alon issued two different and
contradictory decision records on the same matter, without noting in
either record, that another record existed to the same effect.
a.
Reasonable Decision – in
the morning of March 18, 2013, Attorney Amos Zadika forwarded by
email to Dr Joseph Zernik Judge Alon's Reasonable Decision. This
decision says: “...the Requester shall serve the Request on the
Responder and on Joseph Zernik for their response within 60 days from
the date of service...”
b.
Unreasonable Decision
– in the evening of March 18, 2013, Attorney Amos Zadika forwarded
by email to Dr Joseph Zernik Judge Alon's Unreasonable Decision. The
decision says: “... the Requester shall serve the Request on the
Responder and on Joseph Zernik for their response within 45 days.
Absent agreement, the Request will be reviewed together with other
Requests, which were scheduled for a hearing under court file
1829-06-10 on April 4, 2013, at 12:00 noon.”
This
decision is unreasonable since it fails to comply with court
procedures, and according to this decision, hearing was to be held
within 18 days, prior to the filing of response (in 45 days). In
addition, according to this decision, hearing on the Request, which
was filed under one court file, was to be conducted under a hearing,
which was registered in the Calendar of the Court under a different
court file. (undermining the integrity of both the Index of All Cases
and Calendar of the Court).
Moreover,
in the same email message, Attorney Amos Zadika emphasized:
“Following a previous decision, which was forwarded to you earlier
today by email, I am forwarding to you a corrected decision of the
Honorable Court. According to the corrected decision response time
was shortened to 45 days, and in any event, hearing was scheduled for
April 4, 2013.”
Partners:
Judge, Clerk, and Attorney
c.
Judge Esperanza Alon –
obstructing justice under the claim of “mystical secrets of court
procedure.”
d. “Chief
Clerk” Israel Hen – occupies the office of Chief Clerk with
no lawful appointment record.
e.
Attorney
Amos Zadika
– provides special services in the Haifa Magistrate Court and
charges accordingly.
Haifa
Magistrate Court files, pertaining to Conservatee RSZ (1829-06-10 and 25607-03-13) – a unique example of corruption of the courts.
The
underlying matter pertains to fraud in the management of the property
of the Conservatee by Robert Raffael Zernik and Dror Zernik. But
regardless of the subject matter, the court files provide a unique
example of the conduct of sham litigation, since Judge Esperanza
Alon, Attorney Amos Zadika, and others expected that the records in
this matter would remain sealed, and never come to public attention.
Declaration,
filed by Dr Joseph Zernik with Judge Esperanza Alon, regarding her
overall conduct in this matter, says: “In a civilized society, such
conduct should be deemed criminal. Moreover, such conduct is
typically related to organized white collar crime – by judges and
attorneys.”
It
should be noted that Judge Esperanza Alon gained notoriety in other
cases as well, and social protest picket line was formed in front of
her residence, relative to other matters.
Issuance
and service of sham court decisions
Attorney
Amos Zadika, who acts in the name of Robert Raffael Zernik and Dror
Zernik
in these court files, forwarded the two decisions, described above (a
and b), by email as purported service to Dr Joseph Zernik, with the
explicit note that the Unreasonable Decision was the correction for
the Reasonable Decision.
In
doing so, Attorney Amos Zadika attempted to fraudulently induce Dr
Joseph Zernik to appear and participate in a sham hearing on April 4,
2013.
Much
later, a court employee issued an invalid letter, lacking in
authority, which stated the opposite of Attorney Amos Zadika's
message: The Reasonable Decision was the valid one, and that it was
issued as correction of the Unreasonable Decision.
“Chief
Clerk” (with no lawful appointment record) Israel Hen refuses to
certify either of the decision records “True Copy of the Original”,
leaving them both unreliable, sham court records.
And
Judge Esperanza Alon?
Jude
Alon refuses to explain her conduct in these court files, beyond the
statement that a person, who was not a legal scholar, “would have
difficulties.... understanding the mystical secrets of court
procedures”.
Following
the publication of the conduct of Judge Esperanza Alon and Attorney
Amos Zadika in this matter, Attorney Zadika filed with Judge Alon a
request for “exemplary” punitive measures against Dr Joseph
Zernik. It should be noted that the request was filed under a false
title “Response by the Responders on Repeat Request to Inspect
Court File”. Additionally, no law of the State of Israel was noted
as the basis for such punitive measures.
Denial
of access to court file records by party to litigation
In
parallel, Judge Esperanza Alon denies Dr Joseph Zernik's access to
the records in the court file, where he is purportedly a party.
Access to the court file records would have made it possible to
ascertain the facts, pertaining to the conduct of Judge Esperanza
Alon and Attorney Amos Zadika, relative to the issuance and service
of the two March 17, 2013 decisions:
Which
decision was issued first, and which was issued second?
What
day and time was each of the decisions issued?
How
did the two records reach Attorney Amos Zadika?
Conduct
of sham hearing and issuance of sham protocol
On
April 4, 2013, Judge Esperanza Alon indeed held a sham hearing, as
stated in the Unreasonable Decision, and as stated in Attorney Amos
Zadika's email message of March 18, 2013. During this sham hearing,
Attorney Amos Zadika also asked Judge Alon to impose on Dr Zernik
punitive measures, for failing to appear.
According
to the protocol, Judge Alon never negated Attorney Amos Zadika's
claim that Dr Zernik was required to appear in that sham hearing.
Moreover,
following the conduct of the sham hearing on April 4, 2013, Judge
Alon issued a sham protocol. The April 4, 2013 sham protocol was
purportedly served on Dr Zernik by the Court, with huge watermarks on
each page - “Unsigned”.
The
sham protocol was also false as to its contents: even the names of
the participants in the sham hearing were falsely recorded.
Individual, who appeared, was not listed, and individual, who did not
appear, was listed as appearing. Furthermore, even after the
falsehood of the April 4, 2013 protocol was brought to Judge Alon's
attention, she refused to correct it.
Ministry
of Justice patronizes judicial corruption in Israel
The
case from the Haifa Magistrate Court should be deemed serious, since
Counsel for the Attorney General are parties to the case. Both
Counsel effectively colluded with Judge Alon in the conduct of the
sham litigation.
Israeli
Supreme Court patronizes judicial corruption
In
view of conduct of the Haifa Magistrate Court in this matter, and
following discovery of similar conduct in the Tel Aviv District Court
files, pertaining to self-immolated, social protest activist Moshe
Silman and to the “IDB bankruptcy”, Dr Joseph Zernik filed
petition with the Israeli Supreme Court – Dr Joseph Zernik v
Minister of Justice Tzipi Livni and Director of Administration of the
Courts Michael Spitzer (2689/13).
The petition provided evidence of corruption of the courts, related
to large-scale fraud in the implementation of the computer systems of
the Israeli courts over the past decade by the Administration of the
Courts in collusion with the Ministry of Justice.
The
petition also claimed that the evidence showed that corruption of the
justice system was central to the current socio-economic crisis in
Israel, and to undermining of banking regulation.
The
Israeli Supreme Court obstructed the petition process, and refused to
duly register its filing.
Request
for protection by the United Nations Human Rights Commissioner
In
view of the conduct of the Haifa Magistrate Court and the Israeli
Supreme Court in this matter, Dr Joseph Zernik filed a request for
protection by the United Nations Human Rights Commissioner. The
request notes retaliation by the Israeli courts and blatant
violations of the Human Rights for Fair Trial.
The
request for protection by the Human Rights Commissioner notes, that
in the litigation in the Haifa Magistrate Court:
a.
No summons was issued or served on Dr Joseph Zernik;
b.
The commencing records of the litigation, wher Dr Joseph Zernik is
purportedly Responder (Defendant), names no law of the State of
Israel as the foundation for such litigation;
c. The
request for “exemplary” punitive measures against Dr Joseph
Zernik, filed under the false title “Response by the Responders on
Repeat Request to Inspect Court File Records”, failed to list a
law of the State of Israel as the foundation of such measures,
either.
d. All decisions of the court in this matter were served unsigned by a
judge, with an unsigned “accompanying letter” (authentication
record) by an unnamed “Clerk”,
e. “Chief Clerk” of the Haifa Magistrate Court, Mr Israel Hen,
refuses to certify any of the records in this matter “True Copy of
the Origial”.
f. The Haifa Magistrate Court denies Dr Joseph Zernik, purportedly
party to the case, access to the court files in this matter – in
violation of the law of the State of Israel and the Human Right for
Due Process/Fair Hearing.
The
request for protection states that a reasonable person would surely
conclude that the Haifa Magistrate Court is engaged in the conduct
of sham litigation.
The
request for protection also notes previous unlawful measures by the
Israeli authorities, in collusion with the courts, against Dr Joseph
Zernik in January 2013 – the taking of his property through
blatant violation of the law of the State of Israel and Human Rights
in International Law.
Net
HaMishpat – the new computer system of the district and magistrate
courts – central instrument in corruption of the courts over the
past decade.
The
case, outlined here, provides a unique example for the central role
of Net HaMishpat as an instrument for the conduct of sham litigation
and the issuance of sham court records.
The
Human Rights Alert (NGO) submission (authored by Dr Joseph Zernik) to
the United Nations Human Rights Council, provided evidence of
corruption of the Israeli courts in parallel to the implementation of
fraudulent computer systems in the courts. The submission was
incorporated in the Human Rights Council Universal Periodic Review
report (2013) on the State of Israel with the note: “lack of
integrity in the electronic records of the Supreme Court, the
district courts and the detainees courts in Israel”.
Dr
Joseph Zernik was also invited by the Chaos Computer Club (CCC) –
the largest European hackers organization – to submit a lecture
proposal for the 2013 CCC conference, on the subject “Large-scale
fraud in the electronic record systems of the Israeli courts”.
Israeli
media reported in recent years cases, where judges were caught
falsifying court records, among others - the case of Deputy Presiding
Judge Varda AlSheikh of the Tel Aviv District Court, and Judge Hila
Cohen of the Haifa District Court.
The
Israeli Ombudsman of the Judiciary in his latest report also notes
the new problem in the Israeli courts – retroactive changes to
court records by judges (one of several euphemism used in Israel for
falsification of court records).
But
neither media, nor the Ombudsman of the Judiciary ever raised the
fundamental question: How can Israeli judges falsify court records?
How is it at all possible?
In
a court, where a competent valid Office of the Clerk is in operation,
a judge would find it practically difficult to falsify court records.
The recent epidemic of falsification of Israeli court records is
made possible, since with the implementation of the latest generation
of computer systems in the courts, integrity, authority, and
responsibility of the offices of the clerks was entirely undermined.
It
should be noted that the Office of the Clerk has evolved in the late
middle ages in order to curtail judicial corruption and in order to
safeguard the integrity of court records. Therefore, it can be
concluded, that the Israeli courts have descended over the past
decade towards medieval court standards.
Events
that took place in the Israeli courts under the tenure of Presiding
Justices Aharon Barak, Dorit Beinisch, and Asher Grunis in this
regard, are unprecedented in the short history of the State of
Israel. Obviously, judicial corruption has existed for as long as
courts have existed, worldwide and in Israel. However, the pattern
of corruption seen in the Israeli courts today is exceptional, since
it was imposed from the top – by the office of Administration of
the Courts, which undertook systemic corruption of the Israeli courts
over the past decade, through the large-scale fraud in implementation
of the new computer systems.
Such
state of affairs also explains the adamant protection, provided by
the Presiding Justices and the Ministry of Justice in the cases of
judges, who were caught falsifying court records: Such judges were
merely applying tools that were provided to them by the
Administration of Courts in collusion with the Ministry of Justice
and the Presiding Justices!
Conclusion
The
court files in the case described here, provide a unique example of
corruption in the Haifa Magistrate Court, and the role of Net
HaMishpat – the Court's computer system as an instrument for the
conduct of sham litigation.
Under
the tenure of Presiding Justices Aharon Barak, Dorit Beinisch, and
Asher Grunis, the Israeli courts have experienced unprecedented
corruption, in parallel to the large-scale fraud in implementation
of the new computer systems in the Israeli courts by the office of
Administration of Courts in collusion with the Ministry of Justice.
- One
of the key features in the corruption of the Israeli courts is
undermining the integrity, authority, and responsibility of the
offices of the Clerks of the Courts, relative to integrity of court
records. With it, the Israeli courts have descended towards the
level of courts in the Middle Ages.
- Corruption
of the Israeli courts is central to the current socio-economic
crisis in Israel.
LINKS
1.
In re: Conservatee RSZ
(25607-03-13
and 25607-03-13) – most of the records were posted online,
see list below.
2.
13-03-17 In re: Conservatee RSZ
(25607-03-13
and 25607-03-13) – three sham decision records, which were
purportedly served on Dr Joseph Zernik
3.
13-05-22 In
re: Conservatee RSZ
(25607-03-13
and 25607-03-13) – Declaration of Joseph Zernik: Judge
Esperanza Alon, master of “mystical secrets of court procedure”,
or “obstructionist with impunity”?
4.
13-07-25 In
re: Conservatee RSZ
(25607-03-13
and 25607-03-13) – Notice of Disqualification for a Cause of
the Haifa Magistrate Court and Judge Esperanza Alon.
5.
13-06-20 In
re: Conservatee RSZ
(25607-03-13
and 25607-03-13) – Declaration of Joseph Zernik regarding
denial of access to court file records.
6.
13-08-11 In
re: Conservatee RSZ
(25607-03-13
and 25607-03-13) – Supplemental Statement of Disqualification
of the Haifa Magistrate Court - “Decree Appointing a Conservator”
- sham court record.
7. Judge
Esperanza Alon tried to hear a case of her former employee_The
Marker
8.
Picket lines in front of the residence of Judge Esperanza
Alon_Youtube
9.
13-08-24 Request for protection of an Israeli Human Rights activist
by the United Nations High Commissioner for Human Rights.
10.
13-07-31 Dr Joseph Zernik v Minister of Justice Tzipi Livni and
Director of the Administration of Courts Michael Spitzer – the
Israeli Supreme Court refuses to certify its on “Judgment” -
“True Copy of the Original”.
11.
Petition, calling for criminal investigation of the Tel Aviv District
Court, relative to claims by self-immolated, social protest activist
Moshe Silman of “obstruction of justice”, was signed by over 120
activists, attorneys and members of the public at large.
____
Joseph
Zernik, PhD
Occupy
Tel Aviv Encampment
Human
Rights Alert (NGO)
____
*
The Human Rights Alert (NGO) submission to the Human Rights Council
of the United Nations was incorporated into the 2010 Periodic Review
Report regarding Human Rights in the United States, with the note:
"corruption of the courts and the legal profession and
discrimination by law enforcement in California".
* The Human
Rights Alert (NGO) submission to the Human Rights Council of the
United Nations was incorporated into the 2013 Periodic Review Report
regarding Human Rights in Israel, with the note: "lack of
integrity of the electronic records of the Supreme Court, the
district courts and the detainees courts in Israel."
____
Court
file records – In re: Conservatee RSZ (1829-06-10,
25607-03-13) in the Haifa Magistrate Court
Following
is a list of most records in these court files, which were obtained
by Dr Joseph Zernik. As noted above, access to these court files is
denied to Dr Joseph Zernik.
11.
13-03-13
In re: RSZ (25607-03-13) in the Haifa Magistrate Court – Request to
Add Dror Zernik as Conservator for Conservatee
RSZhttps://docs.google.com/file/d/0B8Aa2xQGbmk5UnpPUnBRUFZ1U1U/edit?usp=sharing http://www.scribd.com/doc/131611390/
13-03-13
בנידון
החוסה רשצ (25607-03-13)
בבית
המשפט השלום חיפה – בקשה להוספת דרור
צרניק כאפוטרופוס לחסויה
רש"צ. http://www.scribd.com/doc/131611390/
12.
13-03-14
In RE: RSZ (1829-06-10 ) in the Magistrate Court, Haifa - Letter No 3
to Chief Clerk Israel Hen, in RE - Inspection of dockets, and
undated, unsigned Request records by Attorney Offer Ben
Arihttps://docs.google.com/file/d/0B8Aa2xQGbmk5ZkRabDF6MzR1VGM/edit?usp=sharing http://www.scribd.com/doc/129576875/
13.
13-03-14
Chief Clerk of the Haifa, Israel, Magistrate Court refuses to certify
his own Court's
decisions…http://www.scribd.com/doc/130536673/
14.
13-03-14
In RE: RSZ (1829-06-10 ) in the Magistrate Court, Haifa - Response by
Chief Clerk Israel Hen, on Letter No 3,in RE - Inspection of dockets,
and undated, unsigned Request records by Attorney Offer Ben
Arihttps://docs.google.com/file/d/0B8Aa2xQGbmk5cGdRRk82VWhDbXc/edit?usp=sharing http://www.scribd.com/doc/137160801/
15.
13-03-17
In RE: RSZ (25607-03-13 ) in the Magistrate Court, Haifa - Request to
add a conservator, with March 17, 2013 Decision by Judge Esperanza
Alon, as received from Attorney Amos
Zadikahttps://docs.google.com/file/d/0B8Aa2xQGbmk5UnpPUnBRUFZ1U1U/edit?usp=sharing http://www.scribd.com/doc/131611390/
16.
13-03-17
In RE: RSZ (25607-03-13) in the Haifa Magistrate Court - Three (3)
falsified decision records / simulated service of process, received
by certified mail from the Clerk of the Court and from Attorney Amos
Zadikahttps://docs.google.com/file/d/0B8Aa2xQGbmk5Y1R1SlNQbmlqaGc/edit?usp=sharing http://www.scribd.com/doc/132872623/
17.
13-03-24
RE: RSZ (25607-03-13 ) in the Magistrate Court, Haifa - Letter No 4
to Chief Clerk Israel Hen, in RE - conflicting, unreasonable court
orders dated March 17, 2013 by Judge Esperanza
Alon https://docs.google.com/file/d/0B8Aa2xQGbmk5R1dZWGdNLWZweEk/edit?usp=sharing http://www.scribd.com/doc/132063472/
18.
13-03-24
In RE: RSZ (25607-03-13) Intermediate Response by Counsel for the
State Attorney, opining combining of the newly opened court file –
25607-03-13 – with the original court file - 1829-06-10.
TRANSLATEhttp://www.scribd.com/doc/160705826/
13-03-24
בנידון
החוסה רשצ (25607-03-13)
בבית
המשפט השלום חיפה – תגובת ביניים מאת
היועץ המשפטי לממשלה,
משרד
הרווחה,
הקוראת
לאיחוד התיק החדש שנפתח -
25607-03-13 – עם
התיק המקורי בנידון -
1829-06-10.http://www.scribd.com/doc/160705826/
19.
13-03-28
In re: RSZ (25607-03-13) in the Haifa Magistrate Court - Decision by
Judge Alon, instructing adding all Conservatee's children to the
case, and for Social Worker review
TRANSLATEhttps://docs.google.com/file/d/0B8Aa2xQGbmk5Z20yZUpEOUFtWjg/edit?usp=sharing http://www.scribd.com/doc/160707186/
13-03-28
בנידון
החוסה רשצ (25607-03-13)
בבית
המשפט השלום חיפה – החלטת השופטת אלון
המורה להוסיף את כל ילדי החוסה ולביצוע
תסקיר עובדת
סוציאלית
http://www.scribd.com/doc/160707186/
20.
13-04-02
In re: RSZ (1829-06-10 and 25607-03-13) in the Haifa Magistrate Court
- Declaration of Joseph Zernik in re: corrections to false and
misleading June 1, 2010 Affidavit of Robert
Zernikhttps://docs.google.com/file/d/0B8Aa2xQGbmk5XzEtM1dpYnFpUjg/edit?usp=sharing http://www.scribd.com/doc/147103607/
21.
13-04-02
In re: RSZ (1829-06-10 and 25607-03-13) in the Haifa Magistrate Court
- Declaration of Joseph Zernik in re: Request to add a
conservator https://docs.google.com/file/d/0B8Aa2xQGbmk5d0lOZDMxamhkREU/edit?usp=sharing http://www.scribd.com/doc/161941382/
22.
13-04-04
In re: RSZ (1829-06-10) in the Haifa Magistrate Court – false and
deliberately misleading protocol of court proceeding by Judge
Esperanza
Alonhttps://docs.google.com/file/d/0B8Aa2xQGbmk5OERmSWd6ZkYxZEU/edit?usp=sharing http://www.scribd.com/doc/149131433/
23.
13-04-07
In re: RSZ (1829-06-10 and 25607-03-13) in the Haifa Magistrate Court
– Amended Request to Add Dror Zernik as
Conservatorhttps://docs.google.com/file/d/0B8Aa2xQGbmk5OERKNHQ3dWJxZEU/edit?usp=sharing http://www.scribd.com/doc/148131291/
13-04-07
בנידון
החוסה רשצ (1829-06-10
ו-
25607-03-13) בבית
המשפט השלום חיפה – בקשה מתוקנת להוספת
דרור צרניק
כאפוטרופוס
http://www.scribd.com/doc/148131291/
24.
13-04-07
In re: RSZ (25607-03-13) in the Haifa Magistrate Court – Decision
of Judge Esperanza Alon on Amended Request to Add Dror Zernik as
Conservator – setting dates
TRANLATEhttps://docs.google.com/file/d/0B8Aa2xQGbmk5OERKNHQ3dWJxZEU/edit?usp=sharing http://www.scribd.com/doc/160961426/
13-04-07
בנידון
החוסה רשצ (1829-06-10
ו-
25607-03-13) בבית
המשפט השלום חיפה – החלטת השופט אלון על
בקשה מתוקנת להוספת דרור צרניק כאפוטרופוס
– קביעת זמני
הגשה
http://www.scribd.com/doc/160961426/
25.
13-04-21
In re: RSZ (1829-06-10 and 25607-03-13) in the Magistrate Court,
Haifa - Letter No 5 to Chief Clerk Israel Hen, in RE – inspection
of court file, certification of court records, appointment record of
the Chief Clerk
TRANSLATEhttps://docs.google.com/file/d/0B8Aa2xQGbmk5bW51OVJPbmk2WlU/edit?usp=sharing http://www.scribd.com/doc/137166555/
26.
13-04-29
In re: RSZ (1829-06-10 and 25607-03-13) in the Haifa Magistrate Court
– Notice of false and deliberately misleading April 7, 2013 Request
to Add Dror Zernik as
Conservatorhttps://docs.google.com/file/d/0B8Aa2xQGbmk5V3JKV0JYdXVDNXM/edit?usp=sharing http://www.scribd.com/doc/148131383/
27.
13-04-29
In re: RSZ (1829-06-10 and 25607-03-13) in the Haifa Magistrate Court
– Notice of false and misleading April 4, 2013 Protocol
TRANSLATEhttps://docs.google.com/file/d/0B8Aa2xQGbmk5b0xWSHUtblJSN0U/edit?usp=sharing http://www.scribd.com/doc/161911269/
28.
13-04-29
In re: RSZ (25607-03-13) in the Haifa Magistrate Court – Request to
inspect court
filehttps://docs.google.com/file/d/0B8Aa2xQGbmk5Z085aE1LVy1uaTg/edit?usp=sharing http://www.scribd.com/doc/150115143/
29.
13-05-02
In re: RSZ (25607-03-13) in the Haifa Magistrate Court – Decision
of Judge Esperanza Alon on Request to Inspect Court File -
“transparency and equality among parties”, but no screen prints
TRANSLATE
