Sunday, April 16, 2017

2017-04-16 Roman Zadorov affair, Prison Service and arbitrary arrests in Israel - serious violations of the right for Liberty

Roman Zadorov affair, Prison Service and arbitrary arrests in Israel - serious violations of the right for Liberty
By now it is clear that Roman Zadorov is held in life imprisonment following framing by police, false prosecution and false conviction in the murder of 13 yo Tair Rada in 2006. Moreover, Zadorov is confined with neither lawfully made judgment records nor lawfully made arrest decree - in disregard of the Prisons Act (1971): "2. A person shall not be taken into custody of a prison, unless pursuant to an arrest decree or detention decree, which was brought with him... 3. The prison director shall verify that the decree was signed by the appropriate authority and lawfully made, and that the prisoner is the person named in it."  The Roman Zadorov affair exposed unprecedented corruption of the justice and law enforcement system and serious violations of fundamental Human Rights - the right for fair and public hearing and the right for Liberty.  The justice system is the crux of government corruption in Israel.  The Zadorov affair - gloriously despicable judicial corruption.  Anybody who cherishes Liberty must stand up to corruption of the courts in Israel.
Read the complete post: http://inproperinla.blogspot.co.il/2017/04/0217-04-16-roman-zadorov-affair-prison.html
 
Figures: Roman Zadorov - the Ukrainian Mendel Beilis in Israel.  The Jew Mendel Beillis was accused a century ago in the murder of a Ukrainian boy.  Only following intense international pressure he was released from false arrest and false conviction. Even law professors openly expressed their protest. Prof Boaz Sangero wrote: "Conviction with no real evidence".  Prof Mota Kremintzer wrote: "Conduct of the State Prosecution in the Zadorov case is scary"... "when you add to it the position of the Supreme Court and conduct of the Attorney General, we are left with a justice system that is primarily busy defending itself".  Prof Daniel Friedman wrote: "It is impossible that the Attorney General would say, the State is me. He cannot determine what the law of the land is, to shut up the entire state, and not allow anybody to express his opinion". 
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Figures:  State Attorney Shay Nitzan and Attorney General Avichai Mandelblit prevent the investigation of criminal complaints against police, prosecutors and judges for their conduct in State of Israel v Roman Zadorov (502-07) in the Nazareth District Court.  In parallel,  Mandelblit and Nitzan insist on their right to pervert the affidavit of an expert witness in the murder trial, if the State Prosecution finds it useful for its purpose...  
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Figures: The Supreme Court, and in particular Justice Yoram Danziger serve as fig leaves for the unprecedented corruption, which was exposed in the Zadorov affair. First - in conducting for five (5) years a fake/simulated appeal process, with no judgment records of the District Court, and now in conducting a fake/simulated petition process in Ometz v Attorney General and State Attorney regarding perversion of expert witness Dr Hen Kugel.
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OccupyTLV, April 16 - in the latest episode of the Roman Zadorov affair, [] repeat demand has been filed today with Prison Service Governor, commander Ofra Klinger for a lawful due response on a Freedom of Information Request (the complete filing below).
  
Figures: Prison Service Governor, commander Ofra Klinger.  The evidence indicates that the Prison Service admits persons into prison custody, including Roman Zadorov and others with no lawfully made arrest decree - serious violation of the Human Right for Liberty, and typical of dark regimes.
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A. The Prison Service has refused for over 2 years to provide a due FOIA response on a request pertaining to the fundamental Human Right for Liberty.

The original FOIA request pertains to admission procedures following the implementation of electronic record systems in the courts (Net-HaMishpat case management system) in general, and in the Roman Zadorov case in particular.  The request also seeks a lawful appointment record of a FOIA Officer in the Prison Service.
The original request was filed over two years ago, in March 2015.  However, regardless of repeat correspondence, the Prison Service has failed to provide due FOIA response.
The Roman Zadorov affair exposed unprecedented corruption in the justice and law enforcement system - from the courts, through the prosecution, police, and the prisons.  Current circumstances will no doubt be deemed serious violations of fundamental Human Rights - for fair and public hearing and for Liberty.
The justice system is the crux of government corruption in Israel today. And the Roman Zadorov affair - gloriously despicable judicial corruption. Anybody who cherishes Liberty must stand up to corruption of the courts in Israel.

B. The law regarding admission of persons into prison custody is clear - only pursuant to "lawfully made arrest decree".
The law in Israel and in other civilized nations regarding admission to prison is clear. The matter must be clearly defined for the safeguard of Liberty and prevention of arbitrary arrests by the regime.
The Regulations of Criminal Court Procedure (1974) say:
Execution of Judgment and Arrest Decree
 31. Once Sentencing was rendered – the Judge/s or the Magistrate shall issue, pursuant to request by a party, Decree which shall specify that which requires execution, pursuant to the Sentencing, and in case prison sentence was imposed, an Arrest Decree shall be issued, pursuant to Form 6 in the Appendix; such Decree and Order shall be signed by the Judge/s or the Magistrate of the Court and shall serve as the authorization for any State agency for the execution of the sentence.
The Regulations also provide the form for Arrest Decree:
Form 6 (Regulation 31) 
In the __________Court 
In __________ 
Criminal Appeal __________  Criminal Trial __________ 
Plaintiff/Appellant __________ 
v 
Defendant/Respondent __________ 
Arrest Decree 
To: __________ 
You are herein ordered to arrest __________ (name) 
Who was convicted on the charge of __________ 
And deliver him with instant Arrest Decree to the Warden in the prison, so that he be imprisoned for the period of __________, pursuant to the law. 
(Notes) 
Instant Arrest Decree serves as the authorization for any one who duly executes the above stated prison sentence. 
__________            __________                 __________ 
 (date)                     (Seal of the Court)         Personal Stamp
The Prisons Act (1971) is also clear, explicitly saying:
Admission of Prisoners
2. A person shall not be admitted to prison, unless pursuant to an Arrest Decree or Detention Decree, which was brought with him...
Identification  
3. The Prison Director shall verify that the Decree is signed by the appropriate authority and is lawfully made, and that the prisoner is the person stated in it. 
C. It is patently clear that there is neither lawfully made Arrest Decree nor Verdict and Sentencing records pertaining to Roman Zadorov.  Judges Yitzhak Cohen, Esther Hellman and Haim Galpaz engaged in despicable Fraud Upon the Court in the conduct of fake/simulated court process, and Presiding Judge of the Nazareth District Court is engaged in withholding of evidence and misprision of felonies.
    
 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 (Defense Counsel) 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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a) 
b)
Figures: Israeli law prescribes "any person is permitted to inspect court decisions, which are not lawfully prohibited for publication", and the Supreme Court declared the right to inspect court records "a fundamental principle in any democratic regime"... "constitutional, supra-statutory". However, following repeat requests to inspect lawfully made judgment records and arrest decree, pertaining to Roman Zadorov, Presiding Judge Avraham Avraham of the Nazareth District Court issued: a) February 03, 2016 "Post-it Decision", which threatens the requester of inspection with "imposing sanctions... to the benefit of the State Treasury" (but refused to provide a duly signed and certified copy of the same record), and b) June 02, 2016 "Post-it Decision", which denies the request to inspect lawfully made arrest decree as "cantankerous and useless".
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Following is the repeat demand for a lawfully made FOIA response, which was filed today with Prison Service Governor commander Ofra Klinger

April 16, 2017

Ofra Klinger, Israel Prison Service Governor
Israel Prison Service
Spokesperson Bureau, PO 81, Ramla, 72100
Fax: 08-9193810; 08-9193840
By fax and by email

RE: Repeat demand for a lawful FOIA response on March 15, 2015 request (Ref 122774615): Arrest Decrees, admission of persons into prison, FOIA officer appointment, etc
Your response without further delay is requested.

Dear Prison Service Governor Klinger:
I herein repeat my demand for a lawful Freedom of Information response on the request, referenced above:
a) On March 15, 2015, I filed a Freedom of Information Request, pertaining to the appointment records of officers of the Prison Service (including the Freedom of Information Officer), and validity of Arrest Warrants, which serve for taking persons into custody in the prisons in Israel. In particular, the request questioned the ability of a Prison Manager to establish the authenticity of electronic signatures on electronic judicial records, such as arrest warrants. Freedom of Information fee in the sum of NIS 20 was paid in the Postal Bank by deposit into the Prison Service account # 0-02214-1, Branch 001, Reference #238427827. [1]
b) The Prison Service response was received in a letter dated May 28, 2015, Reference No. 800777282. [2] A reasonable person cannot accept your May 28, 2015 response as a valid, reasonable, lawful response on my Freedom of Information request:
1. The response letter explicitly states that there is no lawfully appointed Freedom of Information Officer in the Israel Prison Service.
2. The response letter is not signed by a Freedom of Information Officer (as explicitly asked in my Freedom of Information Request), but by another person.
3. The letter fails to provide the information, which was requested in my Freedom of Information Request.
c) My October 04, 2015 letter again demanded lawful FOIA response on the above referenced FOIA request. [3]
d) Your January 06, 2016 email response by Etti Guver, “Coordinator of Handling Complaints and Public Inquiries”, is no valid FOIA response either by a FOIA Officer, and again fails to provide the requested information. [4]
Therefore, I herein repeat my demand for a lawful FOIA response on the FOIA request, referenced above.
Please send you response on paper, hand-signed by you, or by a lawfully appointed FOIA officer, to my address, provided above. Preliminary copy by email would be gratefully received.
Needless to say, the circumstances raise serious concerns of Human Rights violations, resulting from the unlawful admission of persons into custody in the prisons in Israel – arbitrary arrests.
Truly,
________________
Joseph Zernik, PhD
Human Rights Alert (NGO)
OccupyTLV
CC: Wide distribtution
LINKS
[1] 2015-03-15 Freedom of Information request on the Israel Prison Service, re: Lawful Arrest Warrants in general, and Arrest Warrants of Roman Zadorov and Shula Zaken in particular //
בקשה על פי חוק חופש המידע על שירות בתי הסוהר, לגבי צווי מאסר בכלל, וצווי מאסר שלרומן זדורוב ושולה זקן בפרט 
https://www.scribd.com/doc/258789616/
[2] 2015-05-28 Invalid FOIA Response (‫‪Ref 122774615‬‬) by the Israel Prison Sevice, re: Lawful Arrest Warrants in general, and Arrest Warrants of Roman Zadorov and Shula Zaken in particular // 
תשובה בלתי תקינה על בקשה בכפוף לחוק חופש המידע‫ (‪סימוכין 122774615 ‬‬) על שירות בתי הסוהר, לגבי צווי מאסר בכלל, וצווי מאסר של רומן זדורוב ושולה זקן בפרט 
https://www.scribd.com/doc/283635512/
[3] 2015-10-04 Reply on invalid FOIA Response (‫‪‫‪‬‬‫‪122774615) by the Israel Prison Service, re: Lawful arrest warrants in general, and arrest warrants of Roman Zadorov and Shula Zaken in particular // 
תגובה על תשובה בלתי תקינה על בקשה בכפוף לחוק חופש המידע ‫‪ על שירות בתי הסוהר(122774615), לגבי צווי מאסר בכלל, וצווי מאסר של רומן זדורוב ושולה זקן בפרט 
https://www.scribd.com/doc/283640120/
[4] 2016-01-06 Repeat invalid FOIA response by the Israel Prison Service, re: Lawful arrest warrants in general, and arrest warrants of Roman Zadorov and Shula Zaken in particular, appointment of FOIA officer // 
תגובה על תשובה בלתי תקינה על בקשה בכפוף לחוק חופש המידע ‫‪ על שירות בתי הסוהר(122774615), לגבי צווי מאסר בכלל, וצווי מאסר של רומן זדורוב ושולה זקן בפרט, כתב מינוי ממונה חופש המידע 
https://www.scribd.com/document/345273336/

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