Israeli
Supreme Court Justice Uri Shoham fakes arrest warrant on
whistle-blower Shuki Mishol
Justice
Shoham issued an unsigned arrest warrant on “anonymous”, “subject
to editing and phrasing changes”, and in parallel applied unlawful
sealing on the entire Supreme Court file. The Prison Service intents
to imprison him on May 16, based on such fake warrant. For 15 years,
the justice system has been protecting the Tax Authority corruption
figures, while persecuting the whistle-blowers. Judges are the crux
of government corruption in Israel.
Read the complete post: http://inproperinla.blogspot.co.il/2017/05/2017-05-11-israeli-supreme-court.html
Read the complete post: http://inproperinla.blogspot.co.il/2017/05/2017-05-11-israeli-supreme-court.html
Figures
1. Shuki Mishol, former
director of Tel-Aviv region VAT is the most senior in a group of 15
Tax Authority whistle-blowers. Mishol
is now facing unlawful arrest – the culmination of a 15 year long
persecution of the Tax Authority whistle-blowers.
Figure
2. Former Tel-Aviv District
Attorney Ruth David and her
law office partner Ronel Fisher are
now named
defendants
in an ongoing
corruption trial. In her
capacity as DA, David
launched a persecution campaign against the Tax
Authority whistle-blowers,
including Shuki Mishol and Rafi Rotem. [i]
According to Mishol, David’s partner, Attorney Ronel Fisher tried
to extort him. The couple
was arrested after being caught in the act of accepting bribes in a
suitcase full of cash from union
boss, then under covert
investigation for organized crime (later indicted),
Alon Hassan. [ii]In
the ongoing corruption trial it has been documented that David and
Fisher had routinely sold
covert
criminal investigation materials from
top Israel Police organized crime and corruption units to
the investigation subjects.
[iii]
In a separate case, organized crime figure Amir Mulner [iv]
claimed that the couple tried to extort him of USD 1 million. Initial
media reports claimed that bribing judges was also part of the
scheme, however that part of the scandal was hushed. Israeli
Attorney General also refuses to further investigate or prosecute
corruption claims, pertaining to Ruth David in her capacity as DA.
Her prosecution is limited to corruption allegations after her
retirement to private practice. Her
law office partner Fisher
was both a top attorney and a media figure, among his credits – a
“docu-reality’
TV series - The
Ten Commandments… [v]
_________
Figure
3. Supreme Court Justice Uri Shoham issued a
perverted arrest warrant on whistle-blower Shuki Mishol, and in
parallel, applied unlawful sealing on the entire court file.
Regardless of repeat notices, Justice Shoham has so far failed to
initiate corrective actions regarding the perverted arrest warrant
and the perverted sealing. The combination of withholding court
records and court files and perverting court records and court
process has been known worldwide for generations as a hallmark of
incompetent and/or corrupt courts.
_______
Figure
4. Supreme Court Index of All
Cases: 1322/17 - “Sealed”. Public access to court records is
denied. But no sealing request was filed in
this case, and no
“Publication Prohibition Decree” [gag order] was lawfully
entered. Regardless, fraudulent IT systems of the Israeli courts (and
likewise US courts) enable judges to arbitrarily and capriciously
withhold court files and court records from public access.
Moreover, the publication of “sealed” court records is a criminal
offense. Therefore, such judicial conduct undermines not
only integrity of the courts, but also Freedom
of Expression and Freedom of the Press.
______
Figure
5. April
05, 2017 “Decision” by Supreme
Court
Justice Uri Shoham as
received by fax
by Appellant
Shuki Mishol:
Page
1 identifies the person, pertaining to whom the record was issued as
“Anonymous”. Page 5 says: “In sum… the Requester shall appear
in Nitzan Prison on April 23, 2017 before 10:00 am, or as instructed
by the Prison Service, for serving his punishment, holding an ID or a
passport, and a copy of instant decision.” The signature box says
only “Judge”, and the footnote disclaimer says - “subject to
editing and phrasing changes”. Following
wide distribution of this “sealed” fake record (purportedly a
criminal offense), the April 23, 2017 was delayed in the last minute
– currently scheduled for May 16.
Figure
6. Ofra Kinger, Governor of the Israeli Prison Service.
The Israeli Prison Service continues to notice whistle-blower Shuki
Mishol of his pending imprisonment, regardless of repeat notices of
the perverted, invalid nature of the arrest decree, issued by Justice
Uri Shoham. Is Klinger going to act as a gulag commander, or a
law-abiding law-enforcement officer?
_______
OccupyTLV,
May 8 – notice was sent yesterday to Prison Service Governor Ofra
Klinger regarding concerns that the Prison Service is intending to
unlawfully admit whistle-blower Shuki Mishol to prison – with no
lawful arrest warrant (see below). In parallel, notice was again
filed with Supreme Court Justice Uri Shoham regarding the fake arrest
warrant, which he had issued, and the fake sealing, which he had
applied to the court file (see below).
Pending
arrest with no valid arrest warrant
The
Prison Service has repeatedly contacted in recent weeks Shuki Mishol
– the most senior among the Tax Authority whistle- blowers – with
the intention of admitting him to prison based on a perverted arrest
warrant, which was issued by Supreme Court Justice Uri Shoham.
The
notice, forwarded to Prison Service Governor Klinger, also repeated
the demand for a lawful FOIA response, on a request pertaining to
prison admission procedures. The FOIA request was filed (and fees
duly paid) over two years ago. [vi]
However, so far only an invalid, false and misleading response was
received (see below).
Supreme
Court Justice Uri Shoham refuses to initiate corrective measures
In
parallel, an urgent request to render decisions was filed yesterday
with Supreme Court Justice Uri Shoham, who has so far failed to
decide on requests to inspect a lawfully made “Publication
Prohibition Decree” [gag order], pertaining Mishol v State of
Israel (criminal appeal 1322/17) in the Supreme Court, and to
inspect a lawfully made arrest decree, pertaining to Shuki Mishol in
the same court file.
Sealing
was unlawfully applied on Mishol v State of Israel. In
parallel, Justice Uri Shoham (former IDF
Chief Military Legal Counsel and
Chief Prosecutor)
issued an April 05, 2017
“Decision”, which is a perverted, invalid, false and misleading
arrest warrant. Such arrest warrant fails to name the person,
pertaining to whom it was issued (only “Anonymous”), is unsigned,
and bears the disclaimer, “subject to editing and phrasing
changes”…
The
failure, or refusal to initiate corrective measures after repeat
notices is often considered evidence of fraud in
contrast with human error…
Hallmarks
of incompetent and/or corrupt courts
The
combination of perverted sealing, or withholding court files and
court records from public scrutiny, and perverting court records and
court process is well-known worldwide for generations as a hallmark
of incompetent and/or corrupt courts.
For
the past 15 years the Israeli justice and law-enforcement systems
have been actively shielding senior figures in the Tax Authority
corruption scandal, and in parallel – persecuting the
whistle-blowers. The persecution of whistle-blowers is also
well-known worldwide as a hallmark of corrupt regimes and violation
of Human Rights.
The
Tax Authority was established by Prime Minister Netanyahu (then
Treasury Minister) in 1999 without foundation in the law. The
reorganization of the tax collection system permitted Netanyahu to
appoint his cronies in senior positions. Within a few years the Tax
Authority became a hub of corruption. In a media interview, then
former AG Menachem Mazuz (today Supreme Court Justice) described the
Tax Authority corruption as “closest to organized crime in high
offices”.
The
Supreme Court, “Constitutional Revolution” and Human Rights
The
circumstances in Mishol’s case produced unprecedented documentation
of the issuing of an invalid, false and misleading arrest warrant by
a Supreme Court Justice, and collusion by the Prison Service highest
officers in a scheme to execute unlawful imprisonment.
Such
circumstances shed new light on the “Constitutional Revolution”,
based on Human Dignity and Liberty, declared by then Israeli Supreme
Court Presiding Justice Aharon Barak (there is no constitution in
Israel). [vii]
It should be noted that Judges Richard Posner and Robert Bork found
themselves years ago in unusual unanimity regarding Aharon Barak’s
judicial conduct in this matter. [viii]
Such
circumstances also shed new light on Supreme Court Presiding Justice
Miriam Naor’s repeat declarations regarding the Supreme Court’s
and her person commitment to “ protect human rights and the rule of
law”. [ix]
Both
Barak’s and Naor’s declaration appear as public relations stunts.
Widespread
protest against corruption of the justice system
Events
surrounding Mishol’s arrest, if indeed executed, is likely to be
the focus of small, focused demonstrations by Social Protest
activists. The case demonstrates conditions in the Israeli courts
today, where judges routinely and deliberately disregard the law and
are held entirely unaccountable, even for fraud on the bench.
The
Israeli Social Protest movement started in 2011 in response to
unaffordable cost of living and growing poverty. The 2011 large
protest wave has subsided, and the Social Protest has evolved into
smaller, focused protest groups, which are dedicated to specific
issues. The common thread to many or most of these groups today is
protest against various aspects of corruption of the justice system.
In response, the Israeli justice system is engaged in efforts to
criminalize the leaders of such protest groups. The cases of Lori
Shem-Tov and Moti Leybel, [x]
Barak Cohen, [xi]
Rafi Rotem, [i]and Shuki Mishol are a prime example of such trends.
However,
as shown here -- the criminal prosecution of social protest leaders
often documents corruption of the justice system more clearly than
ever.
Today's
protest against corruption of the justice system is unheard of in the
State's nearly 70 year history.
Following
is the notice sent to Prison Service Governor Ofra Klinger
May
07, 2017
Ofra
Klinger, Israel Prison Service Governor
Israel
Prison Service
Spokesperson
Bureau, PO 81, Ramla, 72100
Fax:
08-9193810; 08-9193840
Email:
yaffaz
; ips.dover
; meitalv,
"פקיד
הזמנות בתי משפט -
נחום
מלכה"
NachumM
, "מחלקת
ביקורת -
רכז
טיפול בתלונות ופניות הציבור -
אתי
גובר"
etigo
By
email
RE:
Shuki Mishol v State of Israel (1322/17) – urgent warning
regarding an attempt to unlawfully admit a person to prison!
Your
response without
further delay is requested.
Dear
Prison Service Governor Klinger:
Please
accept the attached urgent request for rendering decisions, which was
filed today in the Supreme Court in the court file, referenced above.
Figure
1. [here
– Figure 5,
above -jz] April 05, 2017 “Decision” record by
Supreme Court Justice Uri Shoham as received by Appellant Shuki
Mishol: Page 1 identifies the person, pertaining to whom the record
was issued as “Anonymous”. Page 5 says: “In sum… the
Requester shall appear in Nitzan Prison on April 23, 2017 before
10:00am, or as instructed by the Prison Service, for serving his
punishment, holding an ID or a passport, and a copy of instant
decision.” The signature box says only “Judge”, and the
footnote a disclaimer says - “subject to editing and phrasing
changes”.
____
The
request documents the issuing of the April 05, 2017 unsigned
“Decision” record by Justice Uri Shoham, pertaining to
“Anonymous”, bearing the disclaimer: “subject to editing and
phrasing changes” (Figure 1) Such “Decision” record,
which was sent to Mr Shuki Mishol, is deemed a sham, perverted,
invalid, unenforceable Arrest Warrant, which is meant to deceive Mr
Mishol to accept its authority as a lawful Arrest Warrant for his
admission to prison.
In
parallel, I am informed that the Prison Service has repeatedly
contacted Mr Shuki Mishol in order to coordinate his arrest,
purportedly based on such “Decision” record.
Additionally,
I herein attach my April 16, 2017 demand for a lawful FOIA response,
pertaining to Prison Service procedures for admission to prison (see
Figure 2). The FOIA request was filed over two years ago!
Figure 2. January 06, 2016 sham, invalid, false and misleading FOIA response on request, which was duly filed and paid for on March 15, 2015, pertaining to: a) Admission procedures following implementation of electronic records in the courts, b) Appointment record of the Prison Service FOIA Officer. The unsigned response says: “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, Inquiries and Complaints Coordinator, Prison Service.
____
The
case at hand – the attempt to mislead Mr Shuki Mishol to enter
imprisonment with no lawful Arrest Warrant would not doubt be deemed
a serious violation of Human Rights.
It
is expected and hoped that you lawfully perform your duties, abide by
the law of the State of Israel, and would not admit Mr Shuki Mishol
to prison absent a lawfully made Arrest Warrant.
Truly,
________________
Joseph
Zernik, PhD
Human
Rights Alert (NGO)
OccupyTLV
CC:
Association
for Civil Rights in Israel, wide
distribution
Following
is the Request
for Rendering Decisions, filed with Justice Uri Shoham in Mishol v
State of Israel (1322/17) in the Supreme Court.
In
the Supreme Court of the State of Israel
Anonymous
v State of Israel 1322/17
Requester
of Inspection: Joseph
Zernik, PhD
OccupyTLV
PO
Box 33407,
Tel-Aviv
Fax:
077-3179186
Urgent
request for rendering a decision regarding lawfully made publication
prohibition decree and lawfully made Arrest Decree
1.
Instant
court file appears unlawfully “sealed”. On
April 21, 2017 the Requester filed a pro-forma request to inspect a
lawfully made publication prohibition decree [gag order] (Request
No 6,
which was again entered as Request
No 7).
To
this date no decision was issued
on such requests.
2.
The
April 05, 2017, Justice
Uri Shoham
“Decision”, pertaining to “Anonymous” (who
is Appellant Shuki Mishol)
appears as a perverted, invalid, unenforceable “Arrest Decree”
(Figures
1)
[here:
Figure 5,
above -jz].
To this date, no decision was issued on the request to inspect a
lawfully made Arrest Decree. On
April 30, 2017, the Requester filed a pro-forma request to inspect
lawfully made Arrest Decree in instant court file. To this date no
decision has been rendered on the such request.
3.
The
Regulations
of Criminal Court Procedure
(1974), Article 31 says:
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
Prisons
Act (1971),
is clear as well, explicitly saying:
2.
A person shall not be admitted to prison, unless pursuant to an
Arrest Decree or Detention Decree, which was brought with him...
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.
4. The
Requester also filed two
years ago a
FOIA request on the Prison Service,
pertaining to current admission to prison procedures.
The January 06, 2016 Response by Eti Grover, "Coordinator of
Complaints and Public Inquiries’ (invalid FOIA response: unsigned,
issued by a person, who is not
a FOIA officer), says:
We
herein inform you that the reference for imprisonment in the Prison
Service is an Arrest/Detention Warrant, signed by a judge –
original only!
5. The
above referenced requests, which were filed with the Supreme Court,
also serve as notices to the Supreme Court in general, and to Justice
Uri Shoham in particular, regarding the serious perversions in
instant court file. Therefore, refusal
to render decisions on the above referenced requests also amounts to
refusal to correct such perversions.
6.
In parallel, the Requester filed notices with Governor of the Prison
Service Ofra Klinger, warning her to safeguard the law, pertaining to
admission of persons to prison in general, and Appellant Shuki Mishol
in particular.
7. Ongoing
refusal by
the Supreme Court
to correct serious perversions, pertaining to Liberty;
moreover
– admission to prison by the Prison Service of Appellant Shuki
Mishol, or any other person, with
no lawfully made Arrest Decree, would
not doubt be deemed serious violations of Human Rights in
International Law.
8.
Circumstances, which are documented in instant court file render the
Supreme Court’s hifalutin declarations regarding a “Constitutional
Revolution” and its adherence to Human Rights as public relations
stunts, no more.
9.
Appellant
Mishol is former
senior officer of the Tax Authority, and the most senior among the
Tax Authority whistle-blowers. Later, he became the victim of
persecution by the justice system, particularly former Tel-Aviv
District Attorney Ruth David and her partner Attorney Ronel Fisher.
Therefore,
the
circumstances, which
are documented in instant court file,
also appear as continuation of persecution of Tax Authority
whistle-blower Shuki Mishol by the justice and law enforcement
systems.
10.
Instant request is extremely urgent, given the pending imprisonment.
Date:
May
07,
2017; Requester’s
signature:
_______________
Joseph
Zernik, PhD
LINKS:
i
2008-09-02 Whistle-blower Rotem, Judge Almagor, and medieval-digital
corruption of the Israeli courts, OpEdNews.com
2014-05-05 ISRAEL: After years of abuse, Tax-Authority whistleblower
Rafi Rotem wins the right to be deposed by State Ombudsman.
OpEdNews.com
2014-05-17 Tel Aviv courtroom drama exposes new evidence of
organized crime in highest levels of government in Israel,
OpEdNews.com
2014-05-26 Request filed with Amnesty International in the case of
persecuted Israeli Tax Authority whistle-blower Rafi Rotem,
OpEdNews.com
2014-09-29
ISRAEL: Attorneys from a non-existent law-firm appeared as Public
Defenders for whistle-blower Rafi Rotem, OpEdNews.com
2014-11-10
Israeli Ombudsman refuses to accept whistle-blower complaint against
PM Netanyahu - smuggling, murder of a "source",
OpEdNews.com
ii2015-05-06
Former district attorney arrested in major bribery case, Times of
Israel
TOPIC: Alon Hassan, Times of Israel
iii
2014-07-06 Top lawyer arrested in massive police bribery scandal,
Times of Israel
2015-05-07
Former TA District Attorney arrested in Fisher affair, Globers
TOPIC: Ronel
Fisher scandal, Arutz Sheva
iv
2015-10-03 AFTER YEARS ABROAD, TOP MOB BOSS ARRESTED AFTER LANDING
IN ISRAEL, Jerusalem Post
vTHE
TEN COMMANDMENTS - trailer, Keshet
vi
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
vii
1993 Aharon Barak, “A Constitutional Revolution: Israel's Basic
Laws”, Yale Law School, Faculty Scholarship Series
viii2007-04-23
Richard Posner, “ Enlightened Despot”, The New Republic
ix
2015-05-07 Remarks by Miriam Naor, President of the Supreme Court,
at her Swearing-in Ceremony, Yeshiva University Cardozo Law
School website
x
2017-05-05 Court observers scuttle Israeli judge's attempt to hold a
closed doors hearing in protesters' criminal prosecution
xi2015-06-28
When it comes to the First Amendment - Israel scores an "F",
OpEdNews.com
