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Human Rights Alert (NGO)

Joseph Zernik, PhD


PO Box 31440, Jerusalem 91313
josephzernik@humanrightsalertngo.org


"
91313 3144 "

12-11-24 PRESS RELEASE Self-immolated social protest


activist Moshe Silman and the Tel-Aviv District Court
double books in Net HaMishpat
In his last letter, Silman levels serious accusations against Judge Hagai Brenner and
the Tel-Aviv District Court. The evidence, accumulated so far, indeed shows that
Silman was subjected to simulated litigation. New papers, recently discovered in the
appeal file show eight (8) decisions from recent months. These papers appear in the
case management system of the court, but are missing from the public access system
of the Court and were never served on the filer in the matter. Five (5) of the newly
discovered papers are by Judge Hagai Brenner, in an appeal that originated in his own
decision in the original complaint file. The case of Moshe Silman uniquely documents
how the new electronic record systems in the Israeli courts, and Net HaMishpat in
particular, are used as double books, out of compliance with basic notions of fair and
public hearings and national tribunals for protection of rights. Over the past decade,
under the tenure of Aharon Barak and Dorit Beinisch as Presiding Justices of the
Supreme Court, the courts of the State of Israel have been corrupted in an
unprecedented manner, in parallel to the implementation of new electronic record
systems.

The late Moshe Silman, Judge Hagai Brenner, and Chief Clerk Kobi Bleich of the Tel Aviv
District Court
View as PDF: http://www.scribd.com/doc/114284541/
View as blog post: http://inproperinla.blogspot.co.il/2012/11/12-11-24-press-release-selfimmolated.html

Jerusalem, November 24 in his suicide letter, the self-immolated social protest activist
Moshe Silman levels serious accusations against Judge Hagai Brenner and the Tel Aviv
District Court. Serious irregularities in court records, pertaining to Silman's case have
been discovered in recent months, which raise concern regarding conduct of simulated
proceedings in this matter. [1]
Since July 2012, Joseph Zernik, PhD, has filed a total of five (5) papers under the
appeal file, part of his efforts to inspect and to copy the file. However, to this date, no
decision was served on him in this matter. [2-4]
In contrast, during a November 19, 2012 visit to the office of the clerk, eight (8)
decision records were discovered in the appeal file Silman v Social Security (6909-0110) - related to the request to inspect the court file. The new records re-affirm the
concerns that the case was and is conducted as simulated litigation. [5]

The online public access system shows only one (1) decision record related to the
request to inspect the court file by District Judge Ofra Cherniak. [6,7] The Judge
Cherniak decision was not served on the requester either.
Moreover, review of the newly discovered decisions, shows that the Court itself was
aware of the fact that the decisions were never served: The November 4th, 2012
Decision by Magistrate Tamar Avrahami orders the Clerk of the Court to serve all
previous decisions in the matter. Regardless, even Magistrate Avrahami's November 4th
decision was not served on the requester to this date.
Five (5) out of the newly discovered decision records are by Judge Hagai Brenner.
District Judge pro tem Hagai Brenner affected the closing of the appeal in this case,
which originated in Magistrate Hagai Brenner's own decision to close the original
complaint file.
Interaction with the office of the clerk, which led to the discovery of the records on
November 19, 2012, also documented:

Refusal of the office of the clerk to permit access to the list of records (docket)
in a case, even to a party to the matter.
Refusal of the office of the clerk to permit access to the listings, which certify
service by the Court of its own records.
Refusal of the office of the clerk to permit access to listing, which certify the
assignment of the case to the appropriate judicial authority.

Implementation of the new electronic record systems in the Israeli courts was
accompanied by undermining the duties and responsibilities of the chief clerks of the
courts, relative to integrity of court records. The 2013 Human Rights Alert (NGO)
submission to the Human Rights Council of the United Nations also documents the
refusal of the office of Administration of Courts to produce the appointment letters of
any of the chief clerks of the district courts, or the Supreme Court, with no legal
foundation.
The case of Moshe Silman uniquely documents, how the new case management system
of the courts Net HaMishpat in particular are effectively used as double books systems.
[8] The implementation of such systems should be deemed in violation of the right to
Fair Hearings.
The implementation of new electronic record systems in the courts of the State of Israel
over the past decade was correlated with unprecedented corruption of the courts under
the tenure of Presiding Justice Aharon Barak and Dorit Beinisch. [9]

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View as PDF: http://www.scribd.com/doc/114284541/
View as blog post: http://inproperinla.blogspot.co.il/2012/11/12-11-24-press-release-selfimmolated.html

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LINKS:
[1] 12-10-11 Human Right Alert's Appendix IV to Submission; 2013 UPR of the State of Israel The case of Moshe Silman
http://www.scribd.com/doc/109693460/
[2] 12-11-19 Moshe Silman v Bituach Leumi (1752-08) in the Tel Aviv District Court - Request
for: a) Due process, b) Appointment record of Chief Clerk Kobi Bleich
http://www.scribd.com/doc/113693035/
[3] 12-11-21Moshe Silman v Bituach Leumi (1752-08) in the Tel Aviv District Court - Purported
certificate of service of false on its face court record - Request for the appointment record of
Chief Clerk Kobi Bleich
http://www.scribd.com/doc/114000783/
[4] 12-11-21 Moshe Silman v Bituach Leumi (1752-08) in the Tel Aviv District Court - Request
for the appointment record of Chief Clerk Kobi Bleich - forwarded to Chief Clerk Kobi Bleich as a
letter
http://www.scribd.com/doc/114003635/
[5] 12-11-19 Moseh Silman et al v Bituach Leumi et al (6909-01-10) - Appeal in the Tel Aviv
District Court electronic records clerk's terminal
http://www.scribd.com/doc/114109644/
[6] 12-11-19 Moshe Silman et al v Bituach Leumi et al (6909-01-10) - Appeal in the Tel Aviv
District Court electronic records local terminal
http://www.scribd.com/doc/114114053/
[7] 12-11-17 Moshe Silman et al v Bituach Leumi et al (6909-01-10) in the Tel Aviv District Court
online public records remote terminal
http://www.scribd.com/doc/113622603/
[8] 12-11-24 Silman, Net HaMishpat, and the Tel-Aviv District Court a double books system
table summary
- , ,
http://www.scribd.com/doc/114287550/
[9] 12-05-10 Human Right Alert, Appendix I to Submission; 15th UPR - State of Israel "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel"
https://docs.google.com/open?id=0B8Aa2xQGbmk5cjNxd2szX05oMkU
[10] 12-05-10 "- ,
(2013) // (Hebrew short report)
http://www.scribd.com/doc/114254105/
_____________
Joseph Zernik, PhD
< josephzernik@humanrightsalertngo.org>
Sent from "1984", Iceland-based Internet Service Provider
_____________
Human Rights Alert (NGO)
* United States - the 2010 submission of Human Rights Alert to the Human Rights Council
(HRC) of the United Nations was reviewed 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.
[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United
States, where Human Rights Alert (NGO) submission was incorporated with a note referring to "corruption of the courts
and the legal profession and discrimination by law enforcement in California."
http://www.scribd.com/doc/38566837/

* State of Israel - the 2012 submission of Human Rights Alert to the HRC, titled, "Integrity, or
lack thereof, of the electronic record systems of the courts of the State of Israel', is scheduled
for review in January 2013.
[1] 12-06-04 Human Right Alert's Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, of the
electronic record systems of the courts of the State of Israel

http://www.scribd.com/doc/92826212/
[2] 12-05-10 Appendix I to Human Right Alert's Submission; 15th UPR - State of Israel: Integrity, or lack thereof, of the
electronic record systems of the courts of the State of Israe
http://www.scribd.com/doc/108663259/
[3] 12-07-18 Human Right Alert's Appendix II to Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, in
the electronic record systems in the courts of the State of Israel - Additional Responses by National
Authorities/Experts, Re: ComSign, LTD - sole certifier and hacker of the digital signatures of the State of Israel
http://www.scribd.com/doc/108662869/

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