Tuesday, July 12, 2016

2016-07-12 ROMAN ZADOROV affair: a mirror image of the Mendel Beilis affair in the Ukraine a century ago

ROMAN ZADOROV affair: a mirror image of the Mendel Beilis affair in the Ukraine a century ago.
Complaint was filed with the UN Human Rights Council Working Group on Arbitrary Detention, regarding Roman Zadorov.  The complaint documents that the case reflects widespread incompetence and/or corruption of the Israeli justice system, including its highest echelons, to a level that would be recognized in criminology as 'Organized State Crime'.  The imprisonment of the Ukrainian Zadorov by the Jewish state is a tragic mirror image of the notorious Mendel Beilis affair in the Ukraine a century ago.
Support sign for Roman Zadorov in the OccupyTLV camp

OccupyTLV, July 11 - request for investigation and appropriate actions in RE: Roman Zadorov - a Ukrainian citizen detained in Israel - has been filed today with the UN Human Rights Council Working Group on Arbitrary Detention. The Request alleges that Roman Zadorov is arbitrarily detained under the pretense of serving a life imprisonment sentence and pretense conviction in the 2006 gruesome murder of 13.5 year old girl -- Tair Rada. [i]
The request focuses on deprivation of the rights of Due Process and Fair and Public Hearing through perversion of court records and court process to a level that should be deemed conduct of simulated trial. Such conduct was accompanied by denial of access to valid court records, and display and publication of sham/simulated court records. [ii]
The Request also provides extensive background information regarding system-wide changes in the Israeli courts in the previous decade in conjunction with the implementation of fraudulent IT systems in the courts, which enable such conduct.
A copy was forwarded to the International Criminal Court (ICC) in the Hague, since competence or lack thereof of the Israeli justice system is a central issue in review of complaints, pending before that court.
The request concludes:
  • Roman Zadorov is arbitrarily detained by the Israeli Prison Service - with no lawfully made Arrest Decree.
  • Roman Zadorov's trial by the Nazareth District Court should be deemed sham/simulated process -- deprivation of Due Process and Fair and Public Hearing -- which ended with neither lawful Verdict nor Sentencing record.
  • Roman Zadorov's appeal in the Israeli Supreme Court should be deemed lacking in authority and validity from start to end -- originating with no valid judgment records of the lower court, conducted with no valid records of the hearings, and where all decisions records are of dubious validity.
  • Roman Zadorov's detention by the Israeli authorities allegedly violates articles of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, originates in Discrimination based on Nationality, Language, and/or Religion, and in inadvertent political reasons.
  • Roman Zadorov's case reflects widespread incompetence and/or corruption of the Israeli justice system, including its highest echelons, to a level that would be recognized in criminology as "Organized State Crime".
The large-volume complaint includes records from the Zadorov trial and appeal in the Israeli courts, and various other records, reflecting the state of the Israeli justice system today.
The complaint was filed following the recent decision by Israeli Supreme Court Presiding Justice Miriam Naor to deny Roman Zadorov's request for a new hearing of his appeal by a larger panel. The appeal in the Supreme Court, which lasted five years -- from 2010 to 2015 -- ended up with a split panel 2:1 reaffirmation of his conviction.
The case of Roman Zadorov is unprecedented in the history of Israel, since regardless of repeat decisions of the courts both legal experts and the public at large, even the victim's mother -- denounce the courts' decisions as false.
Among expert opinions quoted in the complaint:
  • Veteran senior Israel Police investigator Alex Peleg repeatedly stated: "There is no evidence tying Zadorov to the crime scene", and "the murder reenactment was staged".
  • Investigator Haim Sadovsky wrote a book on the case, titled, "Framing the Innocent".
  • Senior Criminal Law Professor Boaz Sangero later wrote: "Conviction with no real evidence".
  • Senior Law Professor Mordechai Kremnitzer wrote: "Conduct of the prosecution is scary. It is not conduct of Prosecution, which is seeking the truth... in the Zadorov case.. i f you add... the position of the Supreme Court and the Attorney General in recent years, we are left with a justice system, which is primarily occupied with protecting itself".
  • Regarding retaliation campaign by Chief Prosecutor Shai Nitzan against senior Forensic Expert, Dr Maya Forman, who testified for the Defense, Minister of Health Yael German wrote: "...lacks legal foundation and carries overarching and dangerous implications... blatant violation of Human Rights, the fundamentals of law and justice..."
  • Senior Law Professor Yoav Dotan wrote: "Dr Forman and Mr Nitzan".
  • Senior forensic expert, Dr Hen Kugel stated in interview with media: "I am intimidated by the State Prosecution".
  • Senior Law Professor Daniel Friedman stated in the Knesset's Constitution, Law, and Justice Committee hearing: "The Attorney General cannot gag the entire State and not let anybody voice an opinion".
  • Commissioner of Prosecutorial Oversight, Judge (ret) Hila Gerstel, before resigning as part of the ripple effects of the case, stated that Chief Prosecutor Shai Nitzan "is not telling the truth".
  • Top Israeli Criminal Defense Attorney Avigdor Feldman, Roman Zadorov's pro bono counsel, wrote that regardless of his efforts, he could only discover "remnants of the judgment records, which haven't been scattered by the wailing wind across the vast Jezreel valley..."
Public access to judicial decision records is guaranteed by domestic law, and was declared in a 2009 Supreme Court Judgment , "fundamental principle in any democratic regime... constitutional, super-statutory..." However, both the Nazareth District Court and the Supreme Court conducted perverted judicial review process in response to attempts to inspect judicial records in this case and denied access:
  • Supreme Court Magistrate Gilad Lubinsky denied access to inspect the original paper decision records from the Nazareth District Court under the reasoning of "a jumble" in the court file.
  • Presiding Judge of the Nazareth District Court Avraham Avraham ruled: " ... these are not requests to inspect, but an investigation by the Requester of the validity and operations of Net-HaMishpat [case management] system and various other claims relative to conduct of the judicial panel in instant court file. In such matters, this Court shall not engage..." Judge Avraham further issued a threat of imposing monetary penalties if efforts to exercise the Right to Inspect continued. Regarding repeat request to inspect a "Lawfully made Arrest Decree" he finally ruled, "on its face the request appears cantankerous, useless... therefore denied".
  • In a secretive filing with the Court, Chief Prosecutor of the North District Attorney Office Shila Inbar wrote, " the Requester is abusing the term 'Right to Inspect', and such right should not be considered permission for anybody to bother the Courts and the Offices of the Clerks... As far as the Respondent knows, the Requester has not been appointed Ombudsman of the Courts, and nobody authorized him to conduct investigations and reviews."
  • Roman Zadorov never objected to the inspection, but the State Prosecution did, alleging "sensitive materials" and "invasion of individual privacy", and the Supreme Court adopted such claims. It appears that the State Prosecution is invoking Privacy Right s regarding conduct of the Israel Police and the State Prosecution itself. It is the same claim that was made against publication of Commissioner Gerstel's report - "damaging the reputation" of the State Prosecution.
Corruption scandals have also rocked the top echelons of State Prosecution and Israel Police: The Head of the National Anti Corruption and Organized Crime Unit Menashe Arbiv, Head of the National Fraud Investigation Unit Efraim Bracha, former Tel-Aviv District Attorney Ruth David, and others have been implicated in major bribing scandals. [iii] Senior justice system figures are routinely not held accountable. Inspection of court records in major corruption scandals routine ly produces evidence of conduct of sham/simulated court process by judges. T he system appears unable to address its own corruption.
In 2009, US Ambassador to Israel James Cunningham cabled to the State Department a report (published by Wikileaks), titled, "Israel: Promised land for organized crime?" [iv] The report appears to have grossly underestimated corruption of government in Israel in general, and corruption of the justice system in particular.
The complaint alleges that the Israeli justice system is unable to address its own incompetence and/or corruption.
The Working Group on Arbitrary Detention usually conducts its investigations and actions vis a vis the relevant governments in a discreet fashion. However, the Working Group does publish its opinions.
In December 2015, the Group published its opinion in the case of Julian Assange:
Mr. Julian Assange was arbitrarily detained by the Governments of Sweden and the United Kingdom of Great Britain and Northern Ireland. In that opinion, the Working Group recognized that Mr. Assange is entitled to his freedom of movement and to compensation. [v]

i The Zadorov Affair: False murder conviction of a Ukrainian exposed massive corruption of the Israeli justice system_OpEdNews.com
ii UN HRC Working Group on Arbitrary Detention complaint and attachments:
2016-07-11 In RE: Roman Zadorov - Ukrainian citizen detained in Israel
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.
https://drive.google.com/open?id=0B8Aa2xQGbmk5aGI4dEtsbGExQWc 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
iii Suicide of commander Efraim Bracha and "collapse" of the Israel Police
The Kabbalist and AG Loretta Lynch
v2015-12-04 The Working Group on Arbitrary Detention Deems the deprivation of liberty of Mr. Julian Assange as arbitrary