Saturday, July 23, 2016

2016-07-24 ZADOROV affair: Prof Asa Kasher is again asked to opine on judicial fraud in Zadorov's trial - alternatively, resign from the Arbel Committee

2016-07-24 ZADOROV affair: Prof Asa Kasher is again asked to opine on judicial fraud in Zadorov's trial - alternatively, resign from the Arbel Committee
The request was forwarded to Prof Asa Kasher, an expert on professional ethics, and one who was involved in writing over 40 ethics codes for significant bodies in Israel.  Prof Kasher refused to answer on a previous request to opine on fraud related to the work of Justice (ret) Arbel  “Committee on Establishing Protection for the Public and Public Service Employees against Activity and Harmful Publications as well as Hooliganism on the Internet”.  A long list of public figures has opined on various aspects of the Roman Zadorov affair.  Perhaps the opinion, which sums the matter most clearly is that of Prof Mota Kremnitzer, who wrote: "Conduct of the prosecution is scary. It is not the conduct of prosecution, which is trying to know the truth... When you add to it the stance of the Supreme Court and conduct of the Attorney General in recent years, we are left with a justice system, which is primarily protecting itself." Prof Kasher's opinion in this important affair is conspicuously missing. There is  no doubt that with the passage of the years, the Roman Zadorov affair, pertaining to a Ukrainian in Israel today, would be remembered as a mirror image of the Mendel Beilis affair in the Ukraine a century ago.  The list of those who stood up and opined on the matter – and those who chose to remain silent – would be remembered as integral part of the affair.

In blog: http://inproperinla.blogspot.co.il/2016/07/2016-07-24-zadorov-affair-prof-asa.html


 
OccupyTLV, July 24 - request was filed with Prof Asa Kasher, a professional ethics expert, to opine regarding the vast evidence of judicial fraud in the Roman Zadorov trial.  Roman Zadorov, a Ukrainian citizen, is held by the Israeli authorities, purportedly serving a life sentence after purportedly being convicted in the gruesome murder of 13.5 yo Tair Rada.  But no lawful verdict or sentencing records are to be found.  Top criminal defense attorney Avigdor Feldman, then Zadorov's pro bono counsel wrote that Zadorov's judgment was lost in the wailing wind across the Jezreel Valley...
Folloging is the full letter:


July 24, 2016
Prof Asa Kasher
By email
RE: Repeat request for your opinion regarding evidence of widespread incompetence and/or corruption of the justice system, alternatively – for your resignation from the Arbel Committee
Dear Prof Kasher:
I am writing to you again, requesting your public opinion pertaining to mounting evidence of widespread incompetence and/or corruption of the justice system. I am writing to you as an expert on professional ethics, as one who was involved in the writing of over 40 ethics codes of significant bodies in Israeli, and as one who holds advanced training in Applied Mathematics – a unique combination of qualifications for the matter at hand.
I request your opinion regarding the following matters:
a. Evidence of serious fraud by judges in collusion with senior staff of the State Prosecution in Roman Zadorov's trial. The matter is presented in a short form in my attached publication, dated July 22, titled: “Judge Joubran is again asked to rule on the 'jumble' in the Roman Zadorov court file”, [1] and in an extensive form in the Complaint, which was jointly filed with Roman Zadorov's wife – Ms Olga Grishaev – with the UN Human Rights Council Working Group on Arbitrary Detention. [2]
A long list of public figures has opined on various aspects of the Roman Zadorov affair, many of them are quoted in the Complaint. Perhaps the opinion, which sums the matter most clearly is that of Prof Mota Kremnitzer who wrote:
Conduct of the prosecution is scary. It is not the conduct of prosecution, which is trying to know the truth... When you add to it the stance of the Supreme Court and conduct of the Attorney General in recent years, we are left with a justice system, which is primarily protecting itself.
Your opinion in this important affair is conspicuously missing. I have no doubt that with the passage of the years, the Roman Zadorov affair, pertaining to a Ukrainian in Israel today, would be remembered as a mirror image of the Mendel Beilis affair in the Ukraine a century ago. The list of those who stood up and opined on the matter – and those who chose to remain silent – would be remembered as integral part of the affair.
b. Evidence of fraud by Judge David Rosen in collusion with the Administration of Courts in Holyland corruption trial, the essence of which is the failure to duly enter lawfully made judgment records in the court file, the publication of “fabricated'/sham/simulated judgment records instead, and responses of Judge David Rosen on my requests to inspect lawfully made judgment records in the court file. We have discussed this matter in the past, and it is again briefly summarized in the attached July 14 publication, titled: “Lori Shem Tov and the Administration of Courts – Fraud Central of the judiciary”. [3]
c. Evidence of fraud in conduct of the Administration of Courts in attempt to silence an anti family courts corruption activist. This matter directly pertains to the work of the Arbel Committee, of which you are a member, and also is outlined in the the above referenced publication. [3]
d. Evidence of other fraud incidents involving the Administration of Courts, a small selection of which is provided in the above referenced publication, part of a much larger collection. [3]
e. Conduct of the Arbel Committee relative to my previous request for your opinion: The July 14 publication was first forwarded to you about 10 days ago. You immediately responded that you wouldn't respond, and forwarded it instead for review by the full Committee. Immediately afterwards, Attorney Gael Azriel, who is not an official member of the Committee, decided to remove it from the Committee's agenda and handle it herself... Her authority to do so is dubious at best, and the entire episode appears as a repeat of the incidents, which are described in the publication itself.
The common theme in many of the matters above is the generation of “fabricated”/ sham/simulated electronic records. This matter is particularly notable in the failure to duly enter lawfully made decision and judgment records, and the publication of fabricated electronic records of decisions and judgments instead. Such circumstances are based in system-wide changes in the courts over the past decade, including in particular the development and implementation of new IT systems. In my opinion it transformed the Israeli court into patently incompetent courts. The attached publication, published in the European Conference on E-government, describes such transformation as “unannounced regime change” (Attachment 9.3, below [2])
The two of us have communicated regarding these matters over many months, particularly regarding the nature of IT systems of the courts. You have also previously written that you intend to intensively look into the matter.
However, in the meanwhile:
  • You have informed me of your refusal to publicly discuss any matters, pertaining to integrity, or lack thereof, of the justice system.
  • You have joined the Arbel Committee. Borrowing the words of former Justice Minister, Prof Daniel Friedman on a related matter, the Committee appears an attempt to gag an entire nation...
  • You expressed you strong dismay regarding my filing the Complaint, pertaining to the Roman Zadorov's arbitrary detention and widespread incompetence and/or corruption of the justice system with the UN Human Rights Council.
There is clear and serious concern that the Justice (ret) Arbel “Committee on Establishing Protection for the Public and Public Service Employees against Activity and Harmful Publications as well as Hooliganism on the Internet”, of which you are a member, acts as part of what Prof Kremnitzer described - a justice system, which is primarily protecting itself. The clear and serious concern is that the Committee is intended to deprive the public of information regarding the failing justice system, and prevent the public from expressing its protest against it.
I you choose to maintain your silence and refuse to opine regarding the mounting evidence of widespread incompetence and/or corruption of the justice system, you should resign from the Arbel Committee.
Truly,
Joseph Zernik, PhD
Human Rights Alert (NGO)
OccupyTLV


LINKS:
[1] 2016-07-22 ROMAN ZADOROV affair: Justice Joubran is again asked to rule on the "Jumble" in the court file... //
פרשת רומן זדורוב: השופט ג'ובראן מתבקש שוב להחליט בעניין ה"ערבוביה" בתיק...
[2] 2016-07-11 Complaint, filed with the UN Human Rights Council, Working Group on Arbitrary Detention, in RE: Roman Zadorov - Ukrainian citizen detained in Israel -
 2016-07-14 Supplemental letter - Ms Olga Grishaev joins the complaint
Attachment 9.1 Joseph Zernik, PhD – Biosketch
Attachment 9.2 Zernik, J., “Integrity, or lack thereof, in electronic record systems of the Israeli courts”, HRA-NGO submission for the 2013 UPR by UN HRC.
Attachment 9.3 Zernik, J., “New Fraudulent IT Systems in the Israeli Courts: Unannounced Regime Change?”, European Conference on E-Government (2015)
Attachment 9.4 State of Israel v Roman Zadorov (502/07) in the Nazareth District Court – requests and decisions pertaining to efforts to access electronic judicial decision records to inspect and to copy.
Attachment 9.5 Judge Varda Alshech “Fabricated Protocols” scandal – Israel Bar Association complaint and Ombudsman of the Judiciary May 31, 2012 decision (12/ 88 /Tel-Aviv District)
Attachment 9.6 Regulations of the Courts – Office of the Clerk 1936, 2004
Attachment 9.7 Regulations of the Courts – Inspection of Court Files
Attachment 9.8 State of Israel v Roman Zadorov (502/07) in the Nazareth District Court - requests and decisions regarding attempt to access paper judicial decision records to inspect and to copy: a)   Zadorov v State of Israel(7939) – in the Supreme Court; b)   Zernik v State of Israel (3319/16) in the Supreme Court; c)   Zernik v Zadorov and State of Israel(4650/16) in the Supreme Court 
Attachment 9.9 Roman Zadorov v State of Israel (7939/10) in the Supreme Court - requests and decisions regarding attempt to access the appeal court file records to inspect and to copy
Attachment 9.10 “Background Document Regarding Electronic Signatures” by the Ministry of Justice, The Israeli Law, Information & Technology Authority (ILITA) (updated September 2009)
Attachment 9.11 Amos Baranes v State of Israel (3032/99) – request for a new trial – in the Supreme Court – Notice and request to correct false electronic records.
Attachment 9.12 Abuse of political activists by the Israeli courts
[3] 2016-07-16 Lori Shem Tov and the Israeli Administration of Courts - Fraud Central of the judiciary //
לורי שם טוב והנהלת בתי המשפט - מרכז ההונאות של השופטים




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