Israeli
bloggers and the vengeful judges: Judge Abraham Heiman’s
despicable fraud upon the court
On
October 26, a spectacle was performed in the Tel-Aviv District Court,
which was perceived by many as a court hearing, where Judge Abraham
Heiman ordered the extreme and unusual, ongoing detention of bloggers
Lori Shem-Tov and Moti Leybel for the duration of their criminal
prosecution. Now, indisputable evidence has emerged, showing that
Judge Heiman engaged in fraud upon the court, and the Israel Prison
Service is holding the bloggers in custody with no lawful foundation
- arbitrary arrest. Conditions in the Israeli courts are clear and
present danger to Liberty and Human Rights.
Read more: http://inproperinla.blogspot.com/2017/10/2017-10-29-evidence-of-another-computer.html
Figures. Political prisoners Lori Shem-Tov and Moti Leybel, Judge Abraham Heiman
__________
Tel-Aviv,
October 29 - on October 26, an unusual hearing was purportedly
conducted in the Tel-Aviv District Court for reviewing the ongoing
detention of the Defendants in the Bloggers and Vengeful Judges
affair. In such hearing, conducted in open court, in the
presence of the Defendants and their counsel, Judge Abraham Heiman
purportedly rendered an unprecedented decision, ordering the
bloggers' continued detention for the duration of their prosecution.
Arguing for their release to house arrest, defense counsel had cited
in a previous hearing a long list of murder and organized crime
cases, where defendants were released to house arrest. The
prosecution had argued that the bloggers were unusually dangerous.
Among the arguments: "Negative feelings regarding the
authorities", "they are active in the social sphere, and
influence others", "they have followers, who show up for
court hearings, believe that the Defendants are innocent, and that
their long detention is abusive".
At
the end of the October 26 spectacle in the Tel-Aviv District Court,
the Defendants were taken back to jail by the Israel Prison Service,
purportedly based on Judge Abraham Heiman's decision. [i]
Lori
Shem-Tov and Moti Leybel are activists, who protested against
corruption of the family courts in general, and in particular against
the taking of children from their biological parents - mostly, poor
parents). The issue of taking children from their parents has
plagued Israel for its entire history. First – as stealing children
by the authorities, and more recently – under the guise of court
actions. [ii]
The
Israeli authorities consider Shem-Tov and Leybel “internet terror
ring”. Both have been detained by now for 8 months - since late
February 2017.
Lori
Shem Tov and Moti Leybel are in fact political prisoners in Israel.
[iii]
The
case also raises questions regarding US DHS involvement in the
repression of social protest in Israel, a matter that is likely to
become a key issue in this case, based on publications, which were
maintained by US-based Wordpress. [iv]
An epidemic of fraud in the courts
But
was the October 26 truly a court hearing, pursuant to the law of the
State of Israel? Or was it only an "informal, off the record
hearing"? And was a lawful decision ever rendered regarding the
bloggers’ ongoing detention? Or are they perhaps held under
arbitrary, unlawful arrest by the Israel Prison Service?
Such
questions are not typically raised by the public, which trusts what
they see in court to be a true court hearing. However, in Israel,
since the 2010 transition to electronic court file management and
implementation of Net-HaMishpat case management system an epidemic of
fraud by judges has erupted.
Such
circumstances have been documented in academic papers, which were
presented and published, subject to peer-review in international
e-government conferences. [v]
The
best detailed case of such fraud upon the court is the Judge Varda
Alshech "Fabricated Protocols" scandal (2011-2013).
Alshech generated falsified court hearing protocols and ordered their
use to initiate a retaliatory semi-criminal process against an
attorney, who appeared before her.
Ombudsman
of the Judiciary Decision (88/12/Tel-Aviv District) concluded that
the “protocols” were merely "drafts". The reason:
Judge Alshech's cut and paste "graphic signatures" on such
electronic records were invalid, and the documents were never
electronically signed, as required be law.
The
Ombudsman's Decision also states that in printouts from Net-HaMishpat
system, there is no way for a person to distinguish between an
electronically signed, valid and effectual court records and an
unsigned, invalid, fake/"draft" documents. [vi]
Such
conditions in the courts were generated by the manner in which
electronic signatures were implemented in Net-HaMishpat. The
judiciary implemented "detached electronic signatures",
which are hidden from the public. The visible records and their
printouts only show the cut and paste "graphic signatures",
which are deemed by the judges themselves invalid.
At
the same time, Net-HaMishpat system enables judges to generate, print
and serve decisions and judgments documents, which are not
electronically signed.
Such
circumstances are known by fraud experts as "Shell Game Fraud",
or "Confidence Trick".
The
Ombudsman in fact documented absurd general conditions in the Israeli
courts, which are inconsistent with the conduct of competent “courts
of record”. Moreover, the Ombudsman in fact documented fraud upon
the court by Judge Alshech. Such conduct has been known for centuries
in courts worldwide as conduct of simulated/sham legal process. Such
conduct is considered "extra-judicial conduct" -
criminality, which is not covered by any judicial immunity.
However,
Alshech has never been prosecuted. In Israel, the judges and state
prosecution effectively created impunity for criminality by judges.
The
most despicable case of such
fraud
by judges, which has been documented to date, is the case of
Christian, Ukrainian Roman Zadorov, who
has been imprisoned since 2006.
Zadorov
was prosecuted and purportedly convicted in the 2006 gruesome murder
of the Tair Rada, a 13 year old girl.
[i,
vii]
Law
professor Boaz Sangero wrote: “Conviction with no real evidence.”
Law
professor Mordechai Kremnitzer wrote:
Conduct
of the State Prosecution in the Zadorov case is scary, it is not
conduct of Prosecution, which is seeking the truth… Adding
to that the Supreme Court’ stance and the Attorney General’s
conduct in recent years, one is left with a justice system, which is
primarily defending itself.
In
2010, Judges
Yitzhak Cohen (since
then convicted of sex crimes) and
Esther Hellman and pretender Haim Galpaz (with
no judicial appointment, no judge’s calendar) generated
fake judgment records against
Roman Zadorov, convicting
him of the murder and sentencing him to life in prison [State
of Israel v Roman Zadorov (502-07
in
the Nazareth District Court].
The
records fail to show even the common, invalid, “graphic
signatures”, and the Nazareth District Court refuses to permit
inspection of the electronic signature data – which do not exist.
Judge
Abraham Heiman conducted a sham/simulated "off the record"
hearing and generated fake/”draft” order document
In
some cases, as in Roman
Zadorov’s the judges
generate such sloppy fakes, that the fraud can be easily detected.
Judge
Heiman’s “protocol” of the October 26, 2017 “hearing” is
another example of such uniquely sloppy production of fake court
records.
Figure. State
of Israel v Shem-Tov et al (14280-04-17) in
the Tel-Aviv District Court - the simulated
("fabricated"/"draft") October 26, 2017
"protocol" document, 2nd page:
Decision. In opening, I find it necessary to stress that given what is said in instant court order, where the names of victim of the offenses in the indictment are stated, I order prohibition of publication [gag order - jz] of instant court order, or any part thereof. To remove any doubt, any publication of instant court order, or parts thereof, is a criminal offense."
__________
For
the reasons, detailed below, the entire document should be deemed
fake, and therefore, the gag-order should be deemed invalid as well.
Moreover, a court is not permitted to gag the publication of its own
fraud.
Contrary
to the statement, quoted above, the names of the “victims”
(judges, attorneys and social workers) were not spelled out in the
“protocol” either.
The
document also displays unusual font changes, raising concerns that it
was not duly generated, using the correct applications in
Net-HaMishpat case management system. In previous cases, judges
generated fake court records by simply typing them in word-processing
software.
Figure. State
of Israel v Shem-Tov et al (14280-04-17)
in the Tel-Aviv District Court - the simulated
("fabricated"/"draft") October 26, 2017
"protocol" document, page 20:
In sum, I order detention of the Defendants for the duration of the prosecution. Rendered today, October 19, 2017 in chambers.
__________
The
falsification of the "protocol" document is obvious: The
part, which is the key "Decision" was purported generated
and signed, according to the text, on October 19, and rendered "in
chambers" (lower center red frame). Other parts of the same
document (e.g., upper left red frame) indicate that it was generated
and signed on October 26, 2017, in the presence of the parties and
counsel. In other words, the record was altered at a later
date than October 19, 2017. Therefore, it is obvious that
the purported decision regarding detention for duration of the
prosecution couldn't possibly be lawfully, electronically signed on
October 19, 2017.
Even
had it been duly signed on October 19, it should have been deemed
serious perversion of justice, since hearing of the arguments
regarding detention was concluded only on October 22, 2017, and
Israeli law prescribes that such decisions be rendered in the
presence of the Defendants and counsel.
Such
fake/"draft" document is purportedly the legal foundation
for the ongoing confinement of the bloggers by the Israel Prison
Service. Therefore, the bloggers' ongoing confinement should be
deemed arbitrary arrest.
\
Figure. State
of Israel v Shem-Tov et al (14280-04-17)
in the Tel-Aviv District Court - the simulated
("fabricated"/"draft") October 26, 2017
"protocol" document, page 21:
Decision. As I have ordered in similar cases, I permit the Defendant 2 to kiss his son. The reasons are obvious.
[Judge Heiman's graphic, cut and past, invalid signature - jz]
____________________
Abraham Heiman, Judge
Court transcriptionist Yifat Minay [female - jz]
__________
The
record bears a watermark "Closed Doors", while the hearing
was conducted in open court. The court transcriptionist, stated
in the fake/"draft" protocol, is female, while the person,
who appeared as transcriptionist in the courtroom on October 26, was
male.
Net-HaMishpat system also enable judges to unlawfully hide court records and court files
Another
key feature of Net-HaMishpat system, which facilitates fraud upon the
court is in enabling judges to arbitrarily hide from the public
entire court files with no lawful sealing order.
The
bloggers' case is not lawfully sealed, but the entire court file is
unlawfully blocked from public view in Net-HaMishpat. Therefore,
there is no way to inspect the Court Calendar or Court Docket data,
relative to the October 26 “hearing” and “protocol”.
Figure. State
of Israel v Shem-Tov et al (14280-04-17)
in the Tel-Aviv District Court - as viewed in Net-HaMishpat public
access system. The pop up message says: "The user is not
permitted to view instant court file". Fake, unlawful
sealing was imposed on the entire court file.
__________
Conditions in the Israeli courts generate false, arbitrary imprisonment
In
the Roman Zadorov’s case, in the bloggers’ case, and a series of
other cases, arbitrary imprisonment, based on fake court records has
been documented.
The
law of the State of Israel is clear - admission of persons into
custody by the Prison Service must be pursuant to a duly made, duly
signed warrant. However, in the aftermath of Net-HaMishpat
implementation, it is obvious that the Israel Prison Service admits
persons into custody based on printouts from Net-HaMishpat,
regardless of their vague and ambiguous nature.
For
over two years, the Israel Prison Service has refused to duly answer
on a FOIA request, pertaining to the legal reference for admission of
persons into custody in the electronic court file era.
Figure.
A fake, invalid
(unsigned, not by a FOIA Officer, fails to refer to a FOIA request)
false and misleading January 06, 2016 Israel Prison Service FOIA
response:
To Joseph Zernik, PhD
Dear Sir:
Following your inquiry, we herein inform you that the reference for imprisonment in the Prison Service is an Arrest Warrant/Detention Warrant, signed by a judge – original only! Regarding FOIA Officer – there is a permanent element in the Prison Service Legal Bureau, who is appointed on the Freedom of Information Act.
FYI.
Truly,
Eti Gover, Senior Warden
Inquiries and Complaints Coordinator, Prison Service.
__________
Judge Abraham Heiman's previous fake “protocol” in the bloggers' case is subject of an appeal before the Israeli Supreme Court
The
October 26 spectacle was not the first time that Judge Abraham Heiman
conducted a sham/simulated court hearing and produced a fake/”draft”
"protocol" in the bloggers' case. Also on September
11, 2017, he produced a "protocol", which was produced in
such a sloppy manner, that it could easily be proved to be a
fake/"draft".
Moreover,
following challenges to validity of the September 11, 2017 "protocol"
document, Judge Heiman issued decisions, which fully documented his
intention to defraud - leaving the parties and the public in the dark
regarding the question, whether a document, which he had served as
“protocol” was indeed an authentic, valid and effectual court
record.
Figure. State
of Israel v Shem-Tov et al (14280-04-17)
- detentions case in the Tel-Aviv District Court - Judge Abraham
Heiman September 18, 2017 "Post-it Decision", pertaining to
a previous "fabricated"/"draft" "protocol"
document (dated August 15, 2017). The record says:
I have nothing to add but repeat my September 10, 2017 decision.
Inasmuch the Requester has claims regarding the authenticity of the protocol, he should address it using the appropriate procedure, if such procedure exists, which is not a request to inspect in instant court file.
__________
Judge
Abraham Heiman's deceit in the August 15 protocol in the bloggers'
case is the matter in an appeal, which was filed in the Israeli
Supreme Court on October 01, 2017 [Zernik v State of Israel et
al (7631/17) ]. [viii] The
appeal raises the question:
Is a court permitted to serve on a person documents in a criminal process, with the intention that their recipient accept their authority as valid court decisions or judgments, and at the same time hold the authenticity of the same documents as valid court records a riddle?
Immediately
upon filing of the appeal, the Supreme Court imposed fake, unlawful
sealing on the entire court file in its public access system.
Figure. Zernik
v State of Israel et al (7253/17)
in the Supreme Court - appeal from State of Israel v Shem-Tov
et al (14280-04-17)
as viewed in the Supreme Court’s public access system - “sealed”.
Even the court caption is hidden.
__________
To
this date the case has not been assigned to a justice and no decision
has been rendered either.
Widespread
corruption of the courts
The
Human Rights Alert-NGO submission for the 2013 Periodic Review of
Human Rights in Israel by the UN Human Rights Council (HRC) focused
on documenting the invalidity of case management systems of the
courts. The submission was incorporated into the HRC’s final
report with the note: “Lack of integrity in electronic record
systems of the Supreme Court, the District Courts and the Detainees
Courts in Israel”. [ix]
The
Human Rights Alert-NGO submission for the 2018 Periodic Review of
Human Rights in Israel by the UN Human Rights Council expanded the
previous submission, and added full documentation of numerous cases,
where such invalidity of court records was employed for abuse of
Human Rights. The latest submission, currently pending review,
claims: "Incompetence and/or corruption of the courts and the
legal profession and discrimination by law enforcement in Israel".
[i]
LINKS
i
2017-10-29 Israeli bloggers and the vengeful judges -- ongoing
detention and chaos in the courtroom | OpEdNews.com
2016-06-22
Deep State is not so deep in Israel -- Shin-Bet, Mossad, and the
baby-stealing scandal |
OpEdNews.com
iii
2017-10-04 Israel: The bloggers and the vengeful judges |
OpEdNews.com
iv
2016-06-20 US DHS assists in suppression of anti-corruption dissent
in Israel | OpEdNews.com
v[12] Zernik,
J. “Fraudulent New IT Systems of the Israeli Courts –
Unannounced Regime Change?” European Conference on e-Government,
pp331-340 (2015)
Zernik,
J. “E-government in Israel – transformation into the post-truth
era”, European Conference on Digital Government pp
270-9 (2017)
vi
2017-07-01 Widespread corruption of the Israeli courts alleged
in reports filed with UN Human Rights Council |
OpEdNews.com
vii
2015-12-15 The Zadorov Affair: False murder conviction of a
Ukrainian exposed massive corruption of the Israeli justice system |
OpEdNews.com
2016-07-12 ROMAN
ZADOROV - the Israeli Mendel Beilis |
OpEdNews.com
2017-04-17 Roman
Zadorov affair and arbitrary arrests in Israel - serious violations
of the right for Liberty |
OpEdNews.com
viii
2017-10-03
The bloggers and vengeful judges affair: Appeal in the Israeli
Supreme Court re: faking and hiding of e-signatures
ix
Human Right Alert's submission, incorporated into the Universal
Periodic Review (UPR) of Human Rights in the State of Israel by the
UN HRC, 2013 (page 4, Paragraph 25)
