Tuesday, October 31, 2017

2017-10-29 Israeli bloggers and the vengeful judges: Judge Abraham Heiman’s despicable fraud upon the court

Israeli bloggers and the vengeful judges: Judge Abraham Heiman’s despicable fraud upon the court

On October 26, a spectacle was performed in the Tel-Aviv District Court, which was perceived by many as a court hearing, where Judge Abraham Heiman ordered the extreme and unusual, ongoing detention of bloggers Lori Shem-Tov and Moti Leybel for the duration of their criminal prosecution. Now, indisputable evidence has emerged, showing that Judge Heiman engaged in fraud upon the court, and the Israel Prison Service is holding the bloggers in custody with no lawful foundation - arbitrary arrest. Conditions in the Israeli courts are clear and present danger to Liberty and Human Rights.
Read more: http://inproperinla.blogspot.com/2017/10/2017-10-29-evidence-of-another-computer.html

Figures. Political prisoners Lori Shem-Tov and Moti Leybel, Judge Abraham Heiman
Tel-Aviv, October 29 - on October 26, an unusual hearing was purportedly conducted in the Tel-Aviv District Court for reviewing the ongoing detention of the Defendants in the Bloggers and Vengeful Judges affair.  In such hearing, conducted in open court, in the presence of the Defendants and their counsel, Judge Abraham Heiman purportedly rendered an unprecedented decision, ordering the bloggers' continued detention for the duration of their prosecution.  Arguing for their release to house arrest, defense counsel had cited in a previous hearing a long list of murder and organized crime cases, where defendants were released to house arrest.  The prosecution had argued that the bloggers were unusually dangerous. Among the arguments: "Negative feelings regarding the authorities", "they are active in the social sphere, and influence others", "they have followers, who show up for court hearings, believe that the Defendants are innocent, and that their long detention is abusive".
At the end of the October 26 spectacle in the Tel-Aviv District Court, the Defendants were taken back to jail by the Israel Prison Service, purportedly based on Judge Abraham Heiman's decision. [i]
Lori Shem-Tov and Moti Leybel are activists, who protested against corruption of the family courts in general, and in particular against the taking of children from their biological parents - mostly, poor parents). The issue of taking children from their parents has plagued Israel for its entire history. First – as stealing children by the authorities, and more recently – under the guise of court actions. [ii]
The Israeli authorities consider Shem-Tov and Leybel “internet terror ring”. Both have been detained by now for 8 months - since late February 2017.
Lori Shem Tov and Moti Leybel are in fact political prisoners in Israel. [iii]
The case also raises questions regarding US DHS involvement in the repression of social protest in Israel, a matter that is likely to become a key issue in this case, based on publications, which were maintained by US-based Wordpress. [iv]

An epidemic of fraud in the courts
But was the October 26 truly a court hearing, pursuant to the law of the State of Israel? Or was it only an "informal, off the record hearing"? And was a lawful decision ever rendered regarding the bloggers’ ongoing detention? Or are they perhaps held under arbitrary, unlawful arrest by the Israel Prison Service?
Such questions are not typically raised by the public, which trusts what they see in court to be a true court hearing. However, in Israel, since the 2010 transition to electronic court file management and implementation of Net-HaMishpat case management system an epidemic of fraud by judges has erupted.
Such circumstances have been documented in academic papers, which were presented and published, subject to peer-review in international e-government conferences. [v]
The best detailed case of such fraud upon the court is the Judge Varda Alshech "Fabricated Protocols" scandal (2011-2013). Alshech generated falsified court hearing protocols and ordered their use to initiate a retaliatory semi-criminal process against an attorney, who appeared before her.
Ombudsman of the Judiciary Decision (88/12/Tel-Aviv District) concluded that the “protocols” were merely "drafts". The reason: Judge Alshech's cut and paste "graphic signatures" on such electronic records were invalid, and the documents were never electronically signed, as required be law.
The Ombudsman's Decision also states that in printouts from Net-HaMishpat system, there is no way for a person to distinguish between an electronically signed, valid and effectual court records and an unsigned, invalid, fake/"draft" documents. [vi]
Such conditions in the courts were generated by the manner in which electronic signatures were implemented in Net-HaMishpat. The judiciary implemented "detached electronic signatures", which are hidden from the public. The visible records and their printouts only show the cut and paste "graphic signatures", which are deemed by the judges themselves invalid. 
At the same time, Net-HaMishpat system enables judges to generate, print and serve decisions and judgments documents, which are not electronically signed.
Such circumstances are known by fraud experts as "Shell Game Fraud", or "Confidence Trick".
The Ombudsman in fact documented absurd general conditions in the Israeli courts, which are inconsistent with the conduct of competent “courts of record”. Moreover, the Ombudsman in fact documented fraud upon the court by Judge Alshech. Such conduct has been known for centuries in courts worldwide as conduct of simulated/sham legal process. Such conduct is considered "extra-judicial conduct" - criminality, which is not covered by any judicial immunity.
However, Alshech has never been prosecuted. In Israel, the judges and state prosecution effectively created impunity for criminality by judges.
The most despicable case of such fraud by judges, which has been documented to date, is the case of Christian, Ukrainian Roman Zadorov, who has been imprisoned since 2006. Zadorov was prosecuted and purportedly convicted in the 2006 gruesome murder of the Tair Rada, a 13 year old girl.  [i, vii]
Law professor Boaz Sangero wrote: “Conviction with no real evidence.”
Law professor Mordechai Kremnitzer wrote:
Conduct of the State Prosecution in the Zadorov case is scary, it is not conduct of Prosecution, which is seeking the truth… Adding to that the Supreme Court’ stance and the Attorney General’s conduct in recent years, one is left with a justice system, which is primarily defending itself.
In 2010, Judges Yitzhak Cohen (since then convicted of sex crimes) and Esther Hellman and pretender Haim Galpaz (with no judicial appointment, no judge’s calendar) generated fake judgment records against Roman Zadorov, convicting him of the murder and sentencing him to life in prison [State of Israel v Roman Zadorov (502-07 in the Nazareth District Court]. The records fail to show even the common, invalid, “graphic signatures”, and the Nazareth District Court refuses to permit inspection of the electronic signature data – which do not exist.

Judge Abraham Heiman conducted a sham/simulated "off the record" hearing and generated fake/”draft” order document
In some cases, as in Roman Zadorov’s the judges generate such sloppy fakes, that the fraud can be easily detected.
Judge Heiman’s “protocol” of the October 26, 2017 “hearing” is another example of such uniquely sloppy production of fake court records.

Figure. State of Israel v Shem-Tov et al (14280-04-17) in the Tel-Aviv District Court - the simulated ("fabricated"/"draft") October 26, 2017 "protocol" document, 2nd page:  
Decision. In opening, I find it necessary to stress that given what is said in instant court order, where the names of  victim of the offenses in the indictment are stated, I order prohibition of publication [gag order - jz] of instant court order, or any part thereof. To remove any doubt, any publication of instant court order, or parts thereof, is a criminal offense."

For the reasons, detailed below, the entire document should be deemed fake, and therefore, the gag-order should be deemed invalid as well. Moreover, a court is not permitted to gag the publication of its own fraud.
Contrary to the statement, quoted above, the names of the “victims” (judges, attorneys and social workers) were not spelled out in the “protocol” either.
The document also displays unusual font changes, raising concerns that it was not duly generated, using the correct applications in Net-HaMishpat case management system. In previous cases, judges generated fake court records by simply typing them in word-processing software.

Figure. State of Israel v Shem-Tov et al (14280-04-17) in the Tel-Aviv District Court - the simulated ("fabricated"/"draft") October 26, 2017 "protocol" document, page 20:
In sum, I order detention of the Defendants for the duration of the prosecution.  Rendered today, October 19, 2017 in chambers. 

The falsification of the "protocol" document is obvious: The part, which is the key "Decision" was purported generated and signed, according to the text, on October 19, and rendered "in chambers" (lower center red frame). Other parts of the same document (e.g., upper left red frame) indicate that it was generated and signed on October 26, 2017, in the presence of the parties and counsel.  In other words, the record was altered at a later date than October 19, 2017.  Therefore, it is obvious that the purported decision regarding detention for duration of the prosecution couldn't possibly be lawfully, electronically signed on October 19, 2017.
Even had it been duly signed on October 19, it should have been deemed serious perversion of justice, since hearing of the arguments regarding detention was concluded only on October 22, 2017, and Israeli law prescribes that such decisions be rendered in the presence of the Defendants and counsel.
Such fake/"draft" document is purportedly the legal foundation for the ongoing confinement of the bloggers by the Israel Prison Service. Therefore, the bloggers' ongoing confinement should be deemed arbitrary arrest.

Figure. State of Israel v Shem-Tov et al (14280-04-17) in the Tel-Aviv District Court - the simulated ("fabricated"/"draft") October 26, 2017 "protocol" document, page 21:
Decision. As I have ordered in similar cases, I permit the Defendant 2 to kiss his son. The reasons are obvious.
[Judge Heiman's graphic, cut and past, invalid signature - jz] 
Abraham Heiman, Judge
Court transcriptionist Yifat Minay [female - jz]

The record bears a watermark "Closed Doors", while the hearing was conducted in open court.  The court transcriptionist, stated in the fake/"draft" protocol, is female, while the person, who appeared as transcriptionist in the courtroom on October 26, was male.

Net-HaMishpat system also enable judges to unlawfully hide court records and court files
Another key feature of Net-HaMishpat system, which facilitates fraud upon the court is in enabling judges to arbitrarily hide from the public entire court files with no lawful sealing order.
The bloggers' case is not lawfully sealed, but the entire court file is unlawfully blocked from public view in Net-HaMishpat. Therefore, there is no way to inspect the Court Calendar or Court Docket data, relative to the October 26 “hearing” and “protocol”.

Figure. State of Israel v Shem-Tov et al (14280-04-17) in the Tel-Aviv District Court - as viewed in Net-HaMishpat public access system. The pop up message says: "The user is not permitted to view instant court file".  Fake, unlawful sealing was imposed on the entire court file.

Conditions in the Israeli courts generate false, arbitrary imprisonment
In the Roman Zadorov’s case, in the bloggers’ case, and a series of other cases, arbitrary imprisonment, based on fake court records has been documented.
The law of the State of Israel is clear - admission of persons into custody by the Prison Service must be pursuant to a duly made, duly signed warrant. However, in the aftermath of Net-HaMishpat implementation, it is obvious that the Israel Prison Service admits persons into custody based on printouts from Net-HaMishpat, regardless of their vague and ambiguous nature.
For over two years, the Israel Prison Service has refused to duly answer on a FOIA request, pertaining to the legal reference for admission of persons into custody in the electronic court file era. 

Figure. A fake, invalid (unsigned, not by a FOIA Officer, fails to refer to a FOIA request) false and misleading January 06, 2016 Israel Prison Service FOIA response:
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. 
Eti Gover, Senior Warden 
Inquiries and Complaints Coordinator, Prison Service.

Judge Abraham Heiman's previous fake “protocol” in the bloggers' case is subject of an appeal before the Israeli Supreme Court
The October 26 spectacle was not the first time that Judge Abraham Heiman conducted a sham/simulated court hearing and produced a fake/”draft” "protocol" in the bloggers' case.  Also on September 11, 2017, he produced a "protocol", which was produced in such a sloppy manner, that it could easily be proved to be a fake/"draft".
Moreover, following challenges to validity of the September 11, 2017 "protocol" document, Judge Heiman issued decisions, which fully documented his intention to defraud - leaving the parties and the public in the dark regarding the question, whether a document, which he had served as “protocol” was indeed an authentic, valid and effectual court record.

Figure. State of Israel v Shem-Tov et al (14280-04-17) - detentions case in the Tel-Aviv District Court - Judge Abraham Heiman September 18, 2017 "Post-it Decision", pertaining to a previous "fabricated"/"draft" "protocol" document (dated August 15, 2017). The record says:
I have nothing to add but repeat my September 10, 2017 decision.
Inasmuch the Requester has claims regarding the authenticity of the protocol, he should address it using the appropriate procedure, if such procedure exists, which is not a request to inspect in instant court file.

Judge Abraham Heiman's deceit in the August 15 protocol in the bloggers' case is the matter in an appeal, which was filed in the Israeli Supreme Court on October 01, 2017 [Zernik v State of Israel et al (7631/17) ]. [viii] The appeal raises the question:
Is a court permitted to serve on a person documents in a criminal process, with the intention that their recipient accept their authority as valid court decisions or judgments, and at the same time hold the authenticity of the same documents as valid court records a riddle?
Immediately upon filing of the appeal, the Supreme Court imposed fake, unlawful sealing on the entire court file in its public access system.

Figure. Zernik v State of Israel et al (7253/17) in the Supreme Court - appeal from State of Israel v Shem-Tov et al (14280-04-17) as viewed in the Supreme Court’s public access system - “sealed”. Even the court caption is hidden.

To this date the case has not been assigned to a justice and no decision has been rendered either.

Widespread corruption of the courts
The Human Rights Alert-NGO submission for the 2013 Periodic Review of Human Rights in Israel by the UN Human Rights Council (HRC) focused on documenting the invalidity of case management systems of the courts. The submission was incorporated into the HRC’s final report with the note: “Lack of integrity in electronic record systems of the Supreme Court, the District Courts and the Detainees Courts in Israel”. [ix]
The Human Rights Alert-NGO submission for the 2018 Periodic Review of Human Rights in Israel by the UN Human Rights Council expanded the previous submission, and added full documentation of numerous cases, where such invalidity of court records was employed for abuse of Human Rights. The latest submission, currently pending review, claims: "Incompetence and/or corruption of the courts and the legal profession and discrimination by law enforcement in Israel". [i]

i 2017-10-29 Israeli bloggers and the vengeful judges -- ongoing detention and chaos in the courtroom | OpEdNews.com
ii  2015-01-17 Yemenite Children Affair: Families of the kidnapped speak out_972mag.com
2016-06-22 Deep State is not so deep in Israel -- Shin-Bet, Mossad, and the baby-stealing scandal | OpEdNews.com

vi 2017-07-01 Widespread corruption of the Israeli courts alleged in reports filed with UN Human Rights Council  | OpEdNews.com
vii 2015-12-15 The Zadorov Affair: False murder conviction of a Ukrainian exposed massive corruption of the Israeli justice system | OpEdNews.com
2016-07-12 ROMAN ZADOROV - the Israeli Mendel Beilis | OpEdNews.com
2017-04-17 Roman Zadorov affair and arbitrary arrests in Israel - serious violations of the right for Liberty | OpEdNews.com
viii 2017-10-03 The bloggers and vengeful judges affair: Appeal in the Israeli Supreme Court re: faking and hiding of e-signatures
ix Human Right Alert's submission, incorporated into the Universal Periodic Review (UPR) of Human Rights in the State of Israel by the UN HRC, 2013 (page 4, Paragraph 25)