Moshe Silman
View as PDF: http://www.scribd.com/doc/100800832/
Tel-Aviv-Jaffa and Los Angeles, July 22 - request to inspect and to copy the Public Records in the case of self-immolated Israeli social protest activist Moshe Silman was filed by Joseph Zernik, PhD, of Human Rights Alert (NGO) with Magistrate Judge Hagai Brenner in the Tell-Aviv-Jaffa District Court. [1] In the opening lines of his last letter, Moshe Silman levels harsh charges against the District Court. [2]
"Review of the online electronic Public Records does not permit coherent understanding of events in the case of Moshe Silman in the District Court," states Dr Zernik, "The online electronic Public Records are patently invalid." [3]
The electronic Public Records in this case, as they appear from a remote location and as they appear from the public terminal in the District Court:
- Are unsigned;
- On some, the name of the individual, who was the judicial authority, who issued the record fails to appear;
- Some of the records are indexed under "CM 13491/2008", some are indexed under "CC 1752/08", and some under both index entries with no documented explanation.
- The November 19, 2009 Decision and the November 19, 2009 Protocol fail to appear as original court records, but copies of records that were filed by an attorney in another court. The Calendar of the District Court lists no court proceedings on that date.
- An unsigned January 25, 2010 "Post-It Order" by Magistrate Judge Hagai Brenner appears in the public terminal in the District Court, but fails to appear from a remote location.
- Appeal of the Magistrate Judge Decision, and a related case in the Supreme Court of the State of Israel fail to be listed or mentioned in the electronic records of the original case from a remote location, but appear in the electronic records of the original case in the public terminal in the District Court.
"The case of Moshe Silman shows how a Person is required to protect his rights in the courts of the State of Israel today against the State of Israel, which took his property and source of livelihood," explains Dr Zernik. Dr Zernik claims that the conduct of the Israeli courts, relative to the management of the electronic Public Records, amount to serious violation of the Human Right "to a fair and public hearing."
It appears that the courts of the State of Israel have copied over the past decade the features of fraudulent electronic Public Records systems, which had been established in the state and federal courts in the United States a couple of decades earlier. [5,6] According to the 2010 State of Israel Ombudsman's Report, two US corporations, IBM and EDS, were engaged in the project by the Administration of Courts of the State of Israel in violation of the law of the State of Israel. [7]
"Conduct of the courts of the State of Israel is central to the widening socio-economic gaps, the same way that corruption of the state and federal courts in the United States is central to the current crisis," claims Dr Zernik.
Pursuant to the Regulations of the Courts - Inspection of Court Files (2003) by then Minster of Justice Meir Shitrit[8] and related decision by former Presiding Justice of the Supreme Court Dorit Beinisch, [9] if the People would like to inspect the Public Records in the case and fully comprehend the events in this case in the court of Magistrate Judge Hagai Brenner, one must ask Magistrate Judge Hagai Brenner's permission to inspect and to copy the records. According to the office of the Clerk of the District Court, decision on the requests, filed today, may be entered within a few days.
LINKS:[1] 12-07-22 Moshe Silman v Social Security and State of Israel (1752/08 and 6909-01-10) in the Tel Aviv District Court - Requests to inspect and to copy court records.
http://www.scribd.com/doc/
[2] 12-07-14 Moshe Silman sets himself on fire in a Tel Aviv social protest, leaves a letter
http://www.scribd.com/doc/
[3] 12-07-17 Moshe Silman v State of Israel (1752-08) in the Tel Aviv District Court – electronic public records s
http://www.scribd.com/doc/
[4] 12-06-04 Human Right Alert's Appendix to Submission; 15th UPR Working Group Session (Jan-Feb 2013) - State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel
http://www.scribd.com/doc/
[5] 12-05-24 Zernik, J:Design and Operation of the Electronic Record Systems of the US Courts are Linked to Failing Banking Regulation, Data Analytics - in press
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[9] 09-10-08 Israeli Civil Rights Association v Minister of Justice et al ( 5917/97) Chief Justice Dorit Beinish: The new case management system (Net Ha-Mishpat) would require restricting public access to court records _ Globes (Heb + Eng)
http://www.scribd.com/doc/
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Joseph Zernik, PhDHuman Rights Alert (NGO)
* The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations, regarding the United States, was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”
* The 2012 submission of Human Rights Alert to the HRC regarding the State of Israel, titled "Integrity or lack thereof, of the electronic record systems of the courts of the State of Israel," is scheduled for review in early 2013.
Human Rights Alert online
http://inproperinla.wordpress.
http://human-rights-alert.
http://www.liveleak.com/user/
http://www.examiner.com/x-
Take away justice, then, and what are governments but great bandit bands?Saint Augustine, Civitas Dei (City of God,4.4)
_____________________________WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* "I think it's difficult to find a fraud of this size on the U.S. court system in U.S. history," said Raymond Brescia, a visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. "I can't think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Reuters (Jan 22, 2012)
http://www.scribd.com/doc/
* About 3 million homes have been repossessed since the housing boom ended in 2006… That number could balloon to about6 million by 2013 Bloomberg (January 2011)
* "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." http://www.scribd.com/doc/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?* "...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/
* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) http://www.scribd.com/doc/
http://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?* "...corruption of the courts and the legal profession and discrimination by law enforcement in California." United Nations Human Rights Council Staff Report (2010)
http://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?
* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
http://www.nlada.net/library/
_____________________________
WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE?* "What goes on there is more like gulags of centuries ago."ACLUhttp://www.scribd.com/doc/
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others."More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) http://www.scribd.com/doc/
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM?
* "The American legal system has been corrupted almost beyond recognition..."
Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
http://www.scribd.com/doc/
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice.Transcript of Senator Leahy speech (2009)
http://www.scribd.com/doc/
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