Thursday, April 13, 2017

2017-04-13 ROMAN ZADOROV affair: Repeat filing of complaint with Ombudsman of the Judiciary

ROMAN ZADOROV affair: Repeat filing of complaint with Ombudsman of the Judiciary
The original complaint, filed with Ombudsman of the Judiciary regarding denial of access to electronic signatures and fabrication of decision and judgment records was apparently closed, since the Ombudsman determined that the electronic signatures on the Complaint were inadmissible.  Conduct of the Ombudsman in this matter is of particular interest... It indicates again the critical significance held by judges to validity of signatures pertaining to legal records.  That - even in a legal process, where the findal outcome - Ombudsman decision - is limited in its authority, held as "recommendation" only.  At the same time, the Complaint itself shows that the judges fabricated the elecronic signatures on "Verdict" and "Sentencing" records pertaining to Roman Zadorov, thereby unlawfully depriving a person of liberty - false arrest.  Attorney Avigdor Feldman wrote that it is impossible to find the judgment records, petaining to Roman Zadorov, since they got lost "in the wailing wind across the vast Jezreel Valley"...
The Addendum to the original Complaint shows that there are no valid, lawful electronic signatures in Net-HaMishpat at all. Therefore, there are only two types of decisions and judgments in the system: Those, which are routine fabrications, and those, which are special fabrications - such as the judgment records in the Roman Zadorov trial...
Now, it's time to wait and see how Ombudsman of the Judiciary Eliezer Rivlin would address the complaint regarding fraud by judges in Net-HaMishpat...  
Read the complete post: http://inproperinla.blogspot.co.il/2017/04/2017-04-13-roman-zadorov-affair-repeat.html 
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Figures:  Roman Zadorov - the Ukrainian Mendel Beillis in Israel. The Jew Mendel Beillis was falsely charged and convicted of murdering a Ukrainian boy a century ago.  Only following intense  international pressure he was released from false arrest.
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Figures:  In Net-HaMishpat (case management system of the courts), judges routinely hide the electronic signatures.  At the same time, they fabricate the electronic signatures on decision and judgment records. Such fabricated records are deemed by the judges merely "drafts", but are perceived by the public as valid court records.  Such conduct is known as "Shell Game Fraud" (or "Confidence Trick"). It is based on hiding information from the fraud victim, who is confident that the information exists, but no visible, when in fact, the information does not exist at all...
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OccupyTLV, April 13 - Complaint has been re-filed today with Ombudsman of the Judiciary, pertaining to denial of access by judges to electronic signatures on decisions and judgment records.  This time around the Complaint and Addendum were filed by certified mail, on paper, bearing "wet" hand-signatures.  The original filing was executed by email, and the records were electronically signed by personal, secure electronic signatures.  However, the office of the Ombudsman claimed that the electronic signatures were invalid, and therefore apparently dismissed the original Complaint without review.

Conduct of Ombudsman of the Judiciary in this matter is of particular interest:
a) Dismissal of the Complaint due to invalidity of electronic signatures shows the primary significance held by judges relative to validity of signatures on admissible legal records. Here - even in a legal process, where the final outcome - Ombudsman decision - holds the limited authority of a '"recommendation".  At the same time, the Complaint itself presents ample evidence that the judges routinely fabricate electronic signatures on court records, be it routine, general fabrication of electronic signatures on decision and judgment records in Net-HaMishpat, or special fabrications - such as seen in the Roman Zadorov trial...
b)  In December 2016, the Ombudsman's office sent to the Complainant "certification of filing of complaint' - pertaining to a complaint that had never been filed by the Complainant (later it turned out that the Complaint was filed by the office of Ministry of Justice CEO Amy Palmer, purportedly on behalf of the Complainant), in a matter that falls outside the authority of the Ombudsman. Surely, the December 2016 complaint was never signed by the Complainant, but then, it was not dismissed by the Ombudsman's office...
The Complaint, re-filed today, pertains to "fabrication" of electronic signatures on decisions and judgments in Net-HaMishpat, and the routine denial of access to electronic signature data by the judges.  The Complaint is based on four cases from different courts, first and foremost among them - State of Israel v Roman Zadorov (502-07) in the Nazareth District Court.  The evidence shows that in the Roman Zadorov case, District Judges Yitzhak Cohen, Esther Hellman and Haim Galpaz engaged in the conduct of fake/"fabricated"/simulated trial.  At the end of such fake/"fabricated"/simulated court process, they issued unsigned "Verdict" and "Sentencing records, which resulted in life imprisonment of Roman Zadorov



 

Figures: State Attorney Shay Nitzan and Attorney General Avichai Mandelblit deny due investigation of Judges Yitzhak Cohen, Esther Hellman and Avraham Avraham pertaining to their conduct in State of Israel v Roman Zadorov (502-07) in the Nazareth District Court.
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Figures: Indisputable evidence indicates the conduct of sham/fabricated/simulated court trial by Judges Yitzhak Cohen, Esther Hellman and Haim Galpaz in the case of Roman Zadorov.
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FiguresSeptember 14, 2010 "Verdict" in State of Israel v Roman Zadorov (502-07), which purportedly convicted Roman Zadorov in the murder of Tair Rada in 2006. RIGHT: The record, which was discovered as attachment to the 2010 "Notice of Appeal" in the Supreme Court appeal file Zadorov v State of Israel (7939/10). LEFT: The record, which was discovered in Net-HaMishpat in State of Israel v Roman Zadorov (502-07) during inspection in 2015. Neither record is a lawfully made court record. Moreover, the differences between the two records indicate that the record was not electronically signed, and therefore is merely a "draft".
The September 14, 2010 "Verdict" also fails to appear in the "Decisions Docket" and the "Judgments" list of the Court. "Judgments" list is fundamental "Book of Court" of any competent court, which certify the validity of court judgments. A court with no valid entry of judgments is surely incompetent and/or corrupt.
Attorney Galil Spiegel, who was Zadorov's defense counsel in the Nazareth District Court trial could not provide a reasonable explanation for the disappearance of a lawfully made judgment. Following the publication of the findings, while the purported appeal was still under review in the Supreme Court, Attorney Avigdor Feldman (then Zadorov's pro bono defense counsel) wrote that he too could not find Zadorov's judgment records, since they got lost in the "wailing wind across the Jezreel Valley"...
Regarding Judge Haim Galpaz - there is no form of signature on any record that has been discovered to this date in the court files pertaining to Roman Zadorov. Judge Haim Galpaz also fails to have a Court Calendar for the corresponding period. Court Calendars are "Books of Court" of any competent court, which certify the validity of court process in which the judges partake.
Regarding extensive searches and FOIA requests on the Ministry of Justice and Administration of Courts, no valid documentation has been discovered to this date of Judge Haim Galpaz's appointment as "Judge Emeritus" during the corresponding period.
Attorney Galil Spiegel explained that he was a "judge on reserve duty"... 
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Figures: Presiding Judge Avraham Avraham of the Nazareth District Court denied access to inspect the records, which is permitted by law, and which was declared by the Supreme Court "a fundamental principle in any democratic regime... constitutional, supra-statutory..." Judge Avraham Avraham wrote: "The Requester repeats his requests, subject of which, purportedly, is inspection of records. However, such are not requests to inspect, but an investigation, which the Requester is conducting, pertaining to validity of Net-HaMishpat system and a series of claims regarding conduct of the judicial panel in the above referenced court file. In such matters this Court shall not engage". The evidence indicates misprision of felonies and withholding of evidence by Presiding Judge of the Nazareth District Court Avraham Avraham.
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The Appendix to the Complaint shows that in Net-HaMishpat there are no valid electronic signatures, pursuant to the Electronic Signature Act (2001) of judges and clerks at all.
Figure: Routine fabrication of an electrronic signature on a decision record in Net-HaMishpat.  Examination of the certification of the "elecronic signature on a judgment record, using the dedicated software of the Israel Bar Association shows: "General" - "fundamental certifiation of the authorizing agency is invalid... " , "Valid from 01/01/2000 Valid until: 01/01/2000", "Issued by: Israel Courts Authority", Issued for: Israel Courts Authority".
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The purported electronic signatures of judges and clerks in Net-HaMishpat are all invalid, since they all look the same:

  • "Valid from 01/01/2000 Valid until: 01/01/2000", 
  • "Issued by: Israel Courts Authority", 
  • Issued for: Israel Courts Authority".
A valid electronic signature must identify the signer, and such signatures who no identity of the signer at all. Moreover, apparently there is no lawful entity, named "Israel Courts Authority" (FOIA request is pending with the Administration of Courts).  Even if such entity lawfully exists, it is not a lawful certifying agency, pursuant to the Electronic Signature Act (2001).

Therefore, electronic signatures on decision and judgment records in Net-HaMishpat can be divided into two main types:
a) Routine, general invalid electronic signatures, and
b) Especially fabricated, invalid electronic signatures - such as the ones on Roman Zadorov's judgment records.
 Conduct of the judges, as a class, which involves the issuance of "fabricated"/fake/simulated court records, combined with hiding the electronic signature data, is of the type, known by experts a "Shell Game Fraud".

Following is the cover letter of re-filing the Complaint and Addendum in re: Denial of access to electronic signatures in Net-HaMishpat (case management system of the courts)



April 13, 2017

Ombudsman of the Judiciary Eliezer Rivlin
Ministry of Justice
By certified mail: 5 Nahum Hefzadi Street, Jerusalem

RE: Repeat filing of complaint with Ombudsman of the Judiciary – denial of access to inspect electronic signature data in Net-HaMishpat by Judges Avraham Avraham – State of Israel v Zadorov (502-07), Eliyahu Bachar – Russov et al v City of Tel-Aviv (18790-10-14), Shalhevet Kamir-Wiess – State of Israel v Klass (63343-01-17), Oded Moreno – State of Israel v Zernik (38086-02-17).
REF: 1. March 15, 2017 Complaint (192/17/Nazareth District) [1]
2. You March 19, 2017 letter [2]
3. My March 29, 2017 response [3]
4. April 05, 2017 Addendum to Complaint (192/17/Nazareth District)[4]
Dear Ombudsman Rivlin:
Following the filing of my Complaint [1], signed by me, using a detectable, secure electronic signature, I received your letter [2], which said that my signature on the Complaint was inadmissible, and that the Complaint would be closed without further notice within 14 days, if I did not amend the filing of the Complaint. On my response [3], I have received no reply to this date.
Therefore, I herein repeat the filing of the attached Complaint [1] and the Addendum [4] by certified mail, bearing my “wet” hand-signature.
I herein request your response within 7 days, explicitly stating, whether the original Complaint (192/17/Nazareth District) is still open and under due review, or whether a new complaint was opened based on instant repeat filing.
Refusal to disclose to the Complainant, whether his Complaint was duly filed and entered and is under due review, either based on the original filing or based on instant repeat filing, would no doubt be deemed inexplicable.
Truly,

Joseph Zernik, PhD
Human Rights Alert (NGO)
OccupyTLV
CC:
Prof Uzzi Ornan – Hebrew University and the Technion
Attorney Dan Yakir – Association for Civil Rights in Israel
Prof Asa Kasher – Tel-Aviv University and Hebrew University
Attorney Avigdor Feldman – Tel-Aviv
Prof Daniel Friedman – Tel-Aviv University
Prof Amnon Rubinstein – IDC, Herzliya
LINKS: 
[1] 2017-03-15 Complaint, filed with Ombudsman of the Judiciary – denial of access to e-signatures in the courts //
תלונה, שהוגשה לנציב תלונות הציבור על השופטים – מניעת הגישה לחתימות אלקטרוניות בנט-המשפט
[2] 2017-03-19 Response by Ombudsman of the Judiciary on complaint (192/17/Nazareth District)denial of access to e-signatures in the courts //
תשובת נציב תלונות הציבור על השופטים על תלונה (192/17/מחוזי נצרת) – מניעת הגישה לחתימות אלקטרוניות בנט-המשפט
[3] 2017-03-29 Reply on response by Ombudsman of the Judiciary on complaint (192/17/Nazareth District) – denial of access to e-signatures in the courts //
תגובה על תשובת נציב תלונות הציבור על השופטים על תלונה (192/17/מחוזי נצרת) – מניעת הגישה לחתימות אלקטרוניות בנט-המשפט
[4] 2017-04-05 Addendum to Complaint (192/17/Nazareth District), filed with Ombudsman of the Judiciary – denial of access to inspect electronic signature data in Net-HaMishpat by Judges Avraham Avraham – State of Israel v Zadorov (502-07), Eliyahu Bachar – Russov et al v City of Tel-Aviv (18790-10-14), Shalhevet Kamir-Wiess – State of Israel v Klass (63343-01-17), Oded Moreno – State of Israel v Zernik (38086-02-17) //
תוסף לתלונה (192/17/מחוזי נצרת), שהוגשה לנציב תלונות הציבור על השופטים: מניעת הגישה לעיון בחתימות אלקטרוניות על החלטות בנט-המשפט על ידי השופטים: אברהם אברהם - מ"י נ זדורוב (502-07), אליהו בכר - רוסוב ואח’ נ עיריית ת"א (18790-10-14), שלהבת קמיר וייס – מ"י נ קלאס ואח’ (63343-01-17), עודד מורנו – מ"י נ צרניק (38086-02-17)


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