The evidence shows that the
case as a whole was conducted as simulated litigation [Halichim LeMar'it A'in].
The original complaint was filed under a case number, which now the Tel Aviv
District Court says never existed, and Judge Brenner affected dismissal of the
original complaint and also dismissed an appeal from his own decision. Public
access to court records in this case is yet to be gained.
Self-immolated
social protest activist Moshe Silman.
View as PDF: http://www.scribd.com/doc/111079191/
View as blog post: http://inproperinla.blogspot.co.il/2012/10/12-10-15-press-release-letter-to-boi.html
Tel Aviv, October
25 – In response to Disqualification for a Cause, filed
by Joseph Zernik, PhD, of Human Rights Alert (NGO), Judge Hagai Brenner stepped
down from the case of Silman v Social Security Administration in the Tel
Aviv District Court.
The August 30,
2012 notice, received from the Tel Aviv District Court says:
The Request is replete with baseless claims, stemming from lack of understanding
by the Requester of the manner in which decisions are issued in Net HaMishpat [the case management system
of the Court-jz] and regarding work procedures in the Court. There
is not a single valid reason in the Request, which could lead to real
concern regarding bias. With it, given changes in the work schedule of the
Court, the Request to Inspect and to Copy will be reviewed by the
Honorable Magistrate. Therefore, the current Request is moot, and there is no need
to address its contents.
It should be
noted that the notice was served as an unsigned "Post-it Decision", and was
accompanied by an unsigned authentication record.
The
Disqualification for a Cause noted evidence that the case as a whole was conducted
as simulated litigation [Halichim
LeMar'it A'in]: [2]
- The original complaint was filed
under a case number 13491/2008, which now the Tel Aviv District
Court says never existed, and
- Judge Brenner affected dismissal of
the original complaint (in his hat of magistrate) and also dismissed an
appeal from his own decision (in his hat of pro tem district judge).
The August
30, 2012 notice by Judge Hagai Brenner also demonstrates the failure of the
courts of the State of Israel to establish valid and transparent judicial assignment
and re-assignment procedures.
In the meanwhile,
the Tel Aviv District Court continues to delay access to the court file
records, and also continues to delay decision on a request for copies of
decisions in the case, certified by the Clerk of the Court.
The case of the
late Moshe Silman was submitted as part of the Human Rights Alert (NGO) report
to the Human Rights Council of the United Nations, due for review in early
2013. [3]
The Human Rights Alert report is titled,
"Integrity, or lack thereof, in the electronic records of the courts of
the State of Israel", and subtitled, "A court which refuses to
certify its own decisions, is certified corrupt".
LINKS:
[1] 12-08-30 Silman v State of Israel (1752-08) in the Tel Aviv District
Court – Judge Hagai Brenner's simulated decision to step down in response to
Disqualification for a Cause
[2] 12-07-25 Time Line
of Events: Moshe Silman - self-immolated, Israeli social protest activist - and
the justice system of the State of Israel
[3] 12-10-11 Human Right Alert's Appendix IV to
Submission; 2013 UPR of the State of Israel - The case of Moshe Silman
