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General News    H3'ed 9/10/16

Joelle Ben Simon affair continues - organized crime in the Jerusalem Family Court

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Joseph Zernik
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  • In 2011, Judge Varda Alshech of the Tel-Aviv District Court was caught in what was later called "the fabricated protocols" scandal. Ombudsman of the Judiciary decision determined that the records were merely "drafts". Judge Alshech was never held seriously accountable. [4]

  • Earlier this year, the Supreme Court served a "Judgment" in favor of one party. Two months later it served "Judgment" in favor of the opposite parties. Ombudsman of the Judiciary decision determined that the first "Judgment" was merely a "draft". [5]

  • Complaint, which was filed with the UN Human Rights Council - Working Group on Arbitrary Detention -- documents that Ukrainian citizen Roman Zadorov is held in Israel, purportedly as a murder convict, with no valid judgment records. [6] It is likely that the existing records in Zadorov's case are all merely "drafts"...

* Beyond that, Joelle's affair documented the denial of the right to inspect her own court file. Such conduct by a court would surely be considered serious violation of Human Rights.

The right to inspect court records, much more limited than guaranteed in the US through the First Amendment, was declared in 2009 by the Israeli Supreme Court "a Constitutional, supra-statutory right-- Joelle's affair, like many others, shows that the "Constitutional Revolution" (there is no Constitution in Israel) proclaimed a couple of decades ago by then Chief Justice Aharon Barak was a sham "

Aharon Barak himself is the one, who established the practice of issuing "drafts", which by now is a routine fraud. [7] While Israeli legal scholars often see in Barak a towering judicial figure, others see him differently... US Appeals Court Judge Richard Posner wrote: [8]

If there were a Nobel Prize for law, Barak would probably be an early recipient. But although he is familiar with the American legal system and supposes himself to be in some sort of sync with liberal American judges, he actually inhabits a completely different--and,to an American, a weirdly different--juristic universe. I have my differences with Robert Bork, but when he remarked, in a review of The Judge in a Democracy, that Barak "establishes a world record for judicial hubris," he came very near the truth.

On the other hand, Supreme Court Justice Elena Kagan, former Harvard Law Professor and first female Harvard Law School Dean, referred to Aharon Barak in her confirmation hearing as a role model... [9]
It is doubted that Richard Posner or Robert Bork had any idea regarding the depth of Barak's deception, but given Kagan's close acquaintance with Barak, one must wonder regarding Justice Kagan's qualifications...

REFERENCES:

[1] 2016-08-14 Israel: anti-judicial corruption protester placed under compulsory psychiatric hospitalization

http://www.opednews.com/articles/Israel-anti-judicial-corr-by-Joseph-Zernik-Israel_Judicial-Corruption_Punishing-Protesters-160814-5.html

[2] 2011-04-07 Foreclosure fraud: The homeowner nightmares continue _ Fortune

http://fortune.com/2011/04/07/foreclosure-fraud-the-homeowner-nightmares-continue/

[3] 2011-12-22 Special Report: The watchdogs that didn't bark _Reuters

http://www.reuters.com/article/us-foreclosures-idUSTRE7BL0MC20111222

[4] Judge Varda Alshech "Fabricated Protocols" scandal -- Israel Bar Association complaint and Ombudsman of the Judiciary May 31, 2012 decision (12/ 88 /Tel-Aviv District)

https://drive.google.com/open?id=0B8Aa2xQGbmk5SUZuQlU5eXVIc2M

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Dr Zernik's core research pertains to e-government and its significance for Human Rights and Civil Society.

His work won appreciation in Israel and abroad: * Prof Uzzi Ornan - "All power to you! I hope that you see your tremendous efforts (more...)
 
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