Saturday, February 8, 2014

14-02-09 ISRAEL: War hero Moti Ashkenazi and the medieval courts - Presiding Justice Grunis must resign!// מוטי אשכנזי נגד שחיתות בתי המשפט – גרוניס חייב להתפטר!


Yom Kippur war hero and social protest activist Moti Ashkenazi and 76 others petitioned the Israeli Supreme Court against the Minister of Justice and the Director of the medieval-style debtors courts for violations of the fundamentals of Due Process. The outcome was a medieval farce in violation of the fundamentals of Due Process in the Israeli Supreme Court. A Truth and Reconciliation Commission is recommended in the State of Israel, in view of unprecedented corruption, en masse Breach of Loyalty and violations of Oaths of Office by the justices of the Supreme Court. Presiding Justice Asher Grunis must resign!
 

Moti Ashkenazi in Budapest bunker on the Suez canal (1973). Commander of the only Israeli bunker along the Bar-Lev Line that stood through the Egyptian assault. Israeli Supreme Court Presiding Justice Asher Grunis.
[עברית להלן]
Occupy Tel Aviv, February 8 - in Moti Ashkenazi+76 others against the Minister of Justice and Director of the Enforcement and Collection Authority (debtors courts – managed as administrative courts under the State Justice Department), war-hero Ashkenazi sought to stop a new procedure of the debtors courts, according to which no decisions of the debtors courts , longer than 17 lines, were served on the debtors any longer.
In the debtors courts
Instead, notices were sent to the debtors that the decisions could be inspected and copied in the courts.
Attorneys receive notice and service of decisions by electronic means, and that service has not been interrupted.
It should be noted that Yoel Susman, former Presiding Justice of the Israeli Supreme Court (1976-1980), in his major tome, “Civil Court Procedures”, explicitly states that inspection and/or copying of decisions in the court is not valid service of court records. Likewise, requiring defendant in a civil process to come to court to inspect and copy, would not be considered Due Process notice and service in any other courts, originating in the English common law.
Although the latest 17 line limit procedure of the debtors courts is uniquely absurd, the debtors courts in general should be viewed as enormous fraud on the Israeli people. These courts are authorized to deprive individuals of Liberty and Property, as well as other rights, such as the right to travel. And yet, these courts are conducted out of compliance with the fundamentals of Due Process:
  • Unauthorized, uncertified banking records with inflated debt records are routinely admitted,
  • Unlawful usurious interest tables are used,
  • Properties are levied well in excess of the debt, and
  • The remaining funds are unlawfully withheld.
The evidence also shows that the debtors courts operate with no lawful Offices of the Clerk.
In the Supreme Court
In the Supreme Court, Moti Ashkenazi and 76 others found only more of the same...
The petition of Moti Ashkenazi+76 others has been subjected to a simulated process for almost 3 years, through a series of false registrations in the electronic record systems of the Supreme Court, where there also is no lawful Office of the Clerk any longer.
The online records of Moti Ashkenazi and 76 others v Minster of Justice and Director of the Enforcement and Collection Authority (2300/11) show:
  • The payment of Filing Fees on February 23, 2011, was registered, but the filing of the Petition itself, the commencing record, failed to be registered.
  • Records of Requests, Decisions, Hearings, Judgment were discovered, spanning almost three years, but no “Conditional Decree”, or Summons to establish the jurisdiction of the Supreme Court in a case of original jurisdiction, pursuant to the Regulations of the High Court of Justice.
  • Three “Summons to a Hearing” records were found, listed among “Events”, with no foundation in the Regulations of the High Court of Justice. The same three records failed to appear in the “Decisions” list like Conditional Decrees, Decisions, Judgments, and also failed to appear among the publicly accessible online records of the Supreme Court.
  • Three hearings were listed, each in front of a forum of three justices, each including Presiding Justice Asher Grunis. Other “Decision” records in this case were issued in the name of Presiding Justice Grunis alone.
  • Attorney for the Petitioners concedes that the hearings were conducted under a different case file number (804/12), but holds the two cases were not united. The online records under 2300/11 indicate that: a. 2300/11 – Moti Askenazi et al v Minister et al - was united with 804/0-12 - Attorney Lavi Segal v Minister of Justice - the latter being “Closed”, and b. 2300/11 was related to 6804/0-12 – Israel Bar Association v Minister of Justice - “Administratively united”. However, there is neither listing of the dates of such transactions, nor any supporting records. In particular, there is no record, indicating that 2300/11 and 804/0-12 were disunited, but today the former is processed as an independent file, while the latter is closed.
  • Three different “Clerks” are listed in relationship to the hearings in this case. However, Presiding Justice Asher Grunis clarified in recent correspondence, that there are not “clerks” at all, but legal interns of the justices, who serve as “clerks” by rotation.
  • On August 14, 2013 “Judgment” is listed in the “Decisions” list of this file. The corresponding record also appears among the online records of this file. However, on its face, the record appears dubious: Case number (2300/11) appears in parenthesis, while 804/12 appears in open face with the respective caption. The caption of 2300/11 fails to appear on the face of the August 14, 2013 “Judgment” record. Attorney for the Petitioners claims that it is not the “Judgment” in case 2300/11, but only in 804/12, and continues to repetitively ask the Supreme Court for a judgment in a court procedure with no foundation in the law of the State of Israel.
  • After No 30, the Petitioners' Requests are no longer numbered in the docket.
What is striking is that through numerous “Decisions” and a “Judgment”, is that the Supreme Court shows no inclination to restore Due Process in the Bureaus of th Enforcement and Collection Authority.
Although the papers, filed by the parties in this case are not accessible online, it is evident that fraudulent electronic record systems and failure to perform the duties of Office of the Clerk were at the heart of the matter before the Supreme Court in this case.
And the Supreme Court addressed such matters through the conduct of simulated process that had not basis in the Regulations of the High Court o Justice, and repetitively simulated service of simulated electronic court records.
It should be noted that in general, for over ten years, the Supreme Court serves all its decisions:
  • Unsigned by the judicial authorities.
  • Uncertified by the Chief Clerk
  • Bearing the disclaimer: “subject to editing and phrasing changes”.
  • With no Accompanying Letter (authentication) by the Office of the Clerk of the Court.
The records of the Israeli Supreme Court could not be deemed honest valid court records by any reasonable person. And their mailing could not be deemed honest notice and service, either. Regardless, the Israeli legal profession by and large has so far acquiesced or colluded.
Even on such background, the records in Moti Ashkenazi+76 others v Minister of Justice and Director of the Enforcement and Collection Authority stand out in their invalidity.
Corruption of the courts and the legal profession is central to the socio-economic crisis in Israel
Conduct of the Israeli Supreme Court, led by Presiding Justice Ashe Grunis in Ashkenazi + 76 others v Minister of Justice and Director of the Enforcement and Collection Authority should be deemed fraud, breach of loyalty, violation of Oaths of Office, and patronage by the Supreme Court of the State of Israel of organized state crime in the debtors courts of the Enforcement and Collection Authority.
According to the 2012 Annual Report of the Enforcement Authority:
  • In a nation of some 8 millions, there were almost 2.8 million open cases in 2012;
  • Over 90% of the debtors are individuals, and 60% of the cases are opened by banks and corporations as debt-holders.
  • Almost 95% of the debtors are not represented by an attorney, but almost 95% of debt-holders are represented.
Unprecedented corruption of the Israeli courts over the past decade is closely correlated with the vast increase in poverty and homelessness, and wide gap in asset and income distribution in Israel. The routine fraud in the Bureaus of the Enforcement and Collection Authority is central to such conditions, and has been the subject of routine protests and demonstrations.
The Israeli High Court of Justice – national court for protection of rights is effectively closed for over ten years
The Israeli Supreme Court operates with no lawful Office of the Clerk and should be deemed an incompetent court. Such conduct continues through cover-up by the State Attorney General.
On October 31, 2013, “Chief Clerk” Sarah Lifschitz “departed” from the Supreme Court, and now Presiding Justice Asher Grunis refuses to disclose, who holds the authorities of Chief Clerk of the Supreme Court.
The “departure” of Ms Lifschitz followed the filing on October 15, 2013, with the Israel Police and the State Attorney General of a criminal Fraud Complaint against Presiding Justice Asher Grunis, relative to the false appearance of Ms Lifschitz for over 10 years, as “Chief Clerk”, with no lawful appointment. During these years, numerous decision records were forged and falsified, and the conduct of simulated proceedings became a routine in the Israeli Supreme Court.
The Israeli courts themselves ruled that a tribunal, conducted with no lawful Office of the Clerk, is an incompetent tribunal.
But from 2002, under the tenure of former Presiding Justice Aharon Barak (1994-2006), and to 2013, under current Presiding Justice Asher Grunis, the Supreme Court's Office of the Clerk was led by an impostor “Chief Clerk”.
Moti Ashkenazi's case vividly shows how the national tribunal for protection of rights – the High Court of Justice – , operating with no lawful Office of the Clerk, is effectively closed.
Such conditions are typical of military rule.
It should also be noted that Attorney General Yehuda Weinstein has so far has refused to provide a valid response on request to authorize criminal investigation against Presiding Justice Asher Grunis in this matter.
A call for Truth and Reconciliation Commission against the Israeli judiciary
Current conditions in the Israeli Supreme Court are a constitutional crisis in a nation with no constitution.
For over ten years, all justices of the Israeli Supreme Court have colluded in fraud on the people, breach of loyalty, and violation of Oaths of Office in conduct of simulated proceeding and the publication of simulated judicial records of the Supreme Court in the absence of a lawful Chief Clerk, and with the Office of the Clerk under an impostor.
The 2013 Universal Periodic Report of the UN Human Rights Council incorporated the Human Rights Alert (NGO) submission on the Israeli courts with the note, “Lack of integrity in the electronic records of the Supreme Court, the district courts and the detainees courts in Israel”.
The Human Rights Alert (NGO) State of Israel (2013) submission recommends a Truth and Reconciliation Commission in Israel, given circumstances, where the Supreme Court's justices en masse breached loyalty and violated their Oaths of Office.
It is unlikely that under Presiding Justice Asher Grunis a new, honest Chief Clerk will be duly appointed in the Supreme Court, or that any effort would be initiated to restore the integrity of the records and the systems of the Supreme Court.
Presiding Justice Asher Grunis must resign!
Link:
[1] 14-02-07 Moti Ashkenazi and 76 others v Minister of Justice (2300/11) in the High Court of Justice – online records // מוטי אשכנזי ו-76 אח' נ שרת המשפטים – כתבים מקוונים
11-03-23 Moti Ashkenazi and 76 others v Minister of Justice and Director of the Enforcement and Collection Authority (2300/11) - Initial Petition, unsigned
14-02-06 Moti Ashkenazi and 76 others v Minister of Justice and Director of the Enforcement and Collection Authority (2300/11) - Response by Respondents + Affidavit of Director of the Enforcement and Collection Authority
[2] 12-12-31 State of Israel - Collection and Enforcement Authority Annual Report 2012
14-01-03 ISRAEL: Large-scale Fraud in the Supreme Court's Office of the Clerk
[3] 13-12-19 ISRAEL: Presiding Justice Grunis - clerks of the sitting Supreme Court require no lawful appointment... // אשר גרוניס - אין צורך במינוי כחוק ל"מזכיר" בדיוני בית המשפט העליון
13-10-15 Criminal fraud complaint filed with Israel Police against Presiding Justice of the Supreme Court Asher Grunis // תלונה פלילית על הונאה הוגשה למשטרת ישראל נגד נשיא בית המשפט העליון מר אשר גרוניס
14-02-03 Repeat request for Attorney General Yehuda Weinstein to instruct criminal fraud investigation against Supreme Court Presiding Justice Asher Grunis
13-10-25 ISRAEL: Nation hijacked by a Shin-Bet Judiciary Gang
[1] Human Rights Alert (NGO) short submission to the UN Human Rights Council (2013) – Hebrew translation//
דוח מקוצר (תרגום עברי) של סייג לזכויות האדם שהתקבל כחלק מדוח האו"ם לגבי זכויות האדם בישראל ( 2013)
https://drive.google.com/file/d/0B8Aa2xQGbmk5NXdwa29SOUViOXc/edit?usp=sharing
[2] Human Rights Alert (NGO) short submission to the UN Human Rights Council (2013) – as it appears in the UN site. //
דוח מקוצר (מקור אנגלי) של סייג לזכויות האדם שהתקבל כחלק מדוח האו"ם לגבי זכויות האדם בישראל ((2013)
[3] 13-01-01 The Human Rights Alert (NGO) submission, as incorporated into the UN Human RItghts Council UPR reprort with the note "Lack of integrity in the electronic records of the Supreme Court, the district courts and the detainees courts in Israel" (page 4, paragraph 25)
דוח סייג לזכויות האדם נכלל בדוח מועצת זכויות האדם של האו"ם (2013) בלוויית ההערה "חוסר יושרה בכתבים האלקטרוניים של בית המשפט העליון, בתי המשפט המחוזיים, ובתי הדין למוחזקי משמורת בישראל" (עמ' 4, פסקה 25):
[4] 12-05-10 Human Right Alert, Appendix I to Submission; 15th UPR - State of Israel - "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel"
Zernik, J., "Large-scale fraud in US court records is linked to failing banking regulation", OpEdNews.com (2012)
____
Joseph Zernik, PhD
Human Rights Alert (NGO)
Occupy Tel Aviv
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* 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."


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