Moshe Silman
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Jerusalem and Los Angeles, July 24 - Joseph Zernik, PhD, of Human Rights Alert (NGO), has filed a request with Attorney Yehezkel Reinhertz, of Frish Shperber Reinhertz & Co, Law Office, to disclose, whether the office was Attorney of Record for Bituach Leumi in Silman et al v Bituach Leumi et al. [1]
In the opening lines of his last letter, Moshe Silman levels harsh charges against the Tel-Aviv-Jaffa District Court.[2]
As noted in the request, filed today with Attorney Reinehertz, in the District Court, there are three Index Numbers associated with the Caption "Silman et al v Bituach Leumi et al." - 1752/08, 13491/2008, and 6909-01-10. In all three, Bituach Leumi prevailed. However, court records do not provide information that would make it possible to identify, who Attorney of Record for Bituach Leumi was in these cases. Following suggestion by Attorney for the late Moshe Silman, today's request has been addressed to Attorney Yehezkel Reinhertz.
One of the early strong objections of the Israeli Bar Association to the new electronic record systems, which were implemented in the District Courts of the State of Israel over the past decade, originated in the unilateral decision of the Administration of Courts to delete the names of the Attorneys of Record of the parties from the new system. [3]
"In my experience, even a meeting of a student association, convened to decide on the annual beer budget, would not be deemed valid, if the names of the Officers of the association, present in the proceeding, were not listed in the minutes," says Dr Zernik.
The only Protocol, so far discovered under any of the three Index Numbers, is not an original court record, but a copy of an exhibit, which was filed by an attorney in another court. In that Protocol, the Attorney of Record for Bituach Leumi is identified only as "Bracha" (a common female Hebrew first name, at times also a family name).
Falsification of a protocol of the Tel Aviv District Court by Deputy Presiding Judge Vardah AlSheikh, who handles some of heaviest corporate and banking regulation cases in Israel, is still a pending matter. [4]
In effort to coherently understand the events in the cases, related to the late Moshe Silman, in the Tel-Aviv-Jaffa District Court, Dr Zernik filed on July 22 Requests to Inspect and to Copy under two of the related Index Numbers - 1752/08 and 6909-01-10. Pursuant to the Regulations of the Courts - Inspection of Court Files(2003), issued by then Minster of Justice Meir Shitrit, and also pursuant to a related decision by former Presiding Justice of the Supreme Court Dorit Beinisch, the Requests are now pending before Magistrate Judge Hagai Brenner, who presided in both cases. [5]
However, the office of the Clerk of the District Court refused to accept for filing the Request to Inspect and to Copy under Index Number 13491/2008. [6]
"The refusal to accept for filing the Request to Inspect and to Copy under Moshe Silman et al v Bituach Leumi et al (13491/2008), amounts to admission that some of the records in this case were originally filed under a non-existent Index Number. Not that it was opened and closed, not that it was opened and then merged with another file, and not that it was lawfully sealed - it simply never existed," says Dr Zernik.
The deletion of the names of Attorneys of Record, the falsification of protocols, and false index numbers are only the tip of the iceberg of the fraud inherent in the design and operation of the new electronic record systems of the District Courts of the State of Israel, according to Dr Zernik. [7]
"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," 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" of all the People of the State of Israel. [8]
LINKS:[1] 12-07-24 Request filed with Attorney Yehezkel Reinhertz of Frish Shperber Reinhertz & Co Law Office re: representation of Bituach Leumi in Silman et al v Bituach Leumi et al.
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08-10-30 Israeli Bar Asks to Stop Implementation of Net Ha-Mishpat "the situation is a catastrophe" _Globes
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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.
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Take away justice, then, and what are governments but great bandit bands?Saint Augustine, Civitas Dei (City of God,4.4)
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