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Original Content at https://www.opednews.com/articles/ISRAEL-Large-scale-Fraud-by-Joseph-Zernik-Corruption_Integrity_Israel_Justice-140103-395.html (Note: You can view every article as one long page if you sign up as an Advocate Member, or higher). |
January 3, 2014
ISRAEL: Large-scale Fraud in the Supreme Court's Office of the Clerk
By Joseph Zernik
A court, which operates with no lawful office of the clerk, is an incompetent court. The evidence shows that starting in 2002, the Israeli Supreme Court operates with a sham Office of the Clerk. The fraud in appearance of Attorney Ben Tovim as "Head of Pro Se Section" in the Israeli Supreme Court has a close parallel in the conduct of "Court Counsel" Danny Bickell in the US Supreme Court.
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Occupy Tel-Aviv, January 2 - Israeli Supreme Court Presiding Justice Asher Grunis has been again requested to present the appointment letter of Attorney Danny Ben-Tovim as "Head of Pro Se Section" in the Office of the Clerk of the Court. [1] The original request was forwarded to Presiding Justice Grunis on December 11, 2013, but no response was received so far.
The original request noted that Attorney Ben-Tovim acted as holding the authority of a Clerk, or even a Magistrate of the Supreme Court -- accepting and rejecting the filing of papers in the Supreme Court from unrepresented persons -- typically, individuals of lesser means, coming to the Supreme Court to protect their fundamental rights against abuse by the authorities.
Attorney Ben Tovim was also contacted by phone and in writing, but refused to explain the nature of his appointment.
There is more than reasonable basis to believe that Attorney Ben Tovim acts with no authority at all. Moreover, the evidence shows that in such conduct Attorney Ben Tovim abuses the rights of access to justice, fair trial, and equal protection under the law -- fundamental Human Rights.
Presiding Justice Grunis did respond on two previous requests for the appointment records of individuals, who acted as clerks:
* Request for the appointment record of then "Chief Clerk" Sarah Lifschitz:
Presiding Justice Grunis failed to present her appointment record. His response instead noted that "Ms Sarah Lifschitz, Chief Clerk of the Supreme Court, was appointed, pursuant to prevailing rules in the State Civil Service, relative to people of such rank." Such response was used as part of the evidence in a criminal fraud complaint, filed with the Israel Police against Presiding Justice Grunis. [2]
* Request for the appointment record of "Clerk" of the sitting Supreme Court Ms Aluma Zernik:
Presiding Justice Grunis failed to produce her appointment record either. Instead, his response explained that Ms Zernik was his law intern, and law interns of the justices acted as "Clerks" of the sitting court by rotation... [3]
It should be noted that "Chief Clerk" Sarah Lifschitz "departed" from the Supreme Court on October 31, 2013, a couple of weeks after the filing of the criminal fraud complaint against Presiding Justice Grunis in this matter. Consequently, Presiding Justice Grunis refuses to disclose, who today holds the authorities of Chief Clerk of the Supreme Court. [4]
In Israel, as in other nations, where the courts originated in the English common law, the chief clerks hold duties and obligations for the safeguard of the integrity of court records. As noted in a historic review, published by the US Federal Judicial Center, corruption of the courts is often centered in the offices of the clerks. [5] Historically, effective reform efforts of corruption of the US courts in the early 20th century were centered on reform of the offices of the clerks as well.
The evidence is mounting of unprecedented corruption of the Israeli Supreme Court, which started under the tenure of Presiding Justice Ahraon Barak (1995-2006), and which is characterized by the operation of sham office of the clerk: Ms Sarah Lifschitz fraudulently appeared as "Chief Clerk" for over ten years (2002-2013). During these years, numerous Supreme Court decision records were forged, and falsification of Supreme Court records and conduct of simulated/fake Supreme Court proceedings has become a routine, as documented in the Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations. The Human Rights Alert submission was incorporated into the 2013 Human Rights Report of the the United Nations on Israel, with the note "Lack of integrity in the electronic records of the Supreme Court... in Israel." [6]
A court, which operates with no lawful office of the clerk, is an incompetent court.
Corruption of the justice system in Israel -- from the Enforcement Authority (a medieval-style debtors' court system) to the Supreme Court -- is central to the current socio-economic crisis in Israel.
It should be noted, that the fraud in the Israeli Supreme Court, relative to fraudulent appearance of Attorney Ben Tovim as "Head of Pro Se Section", has a close parallel in the US Supreme Court, where "Court Counsel" Attorney Danny Bickell perpetrated the same abuse. [7] The Israeli former Presiding Justice Aharon Barak, who launched the unprecedented corruption of the Israeli courts, was listed as Visiting Professor at Yale Law School. He was also mentioned by Justice Elena Kagan in her confirmation hearings as her inspiration...
LINKS
[1]14-01-02 ISRAEL: Repeat request from Presiding Justice Grunis for appointment record of "Head of Pro Section" Attorney Ben Tovim // 'קש" --ורת לשיא 'ית "משפט " ליון לכת' מיויו של " ראש מ"ור 'לתי מיוצ'ים " ו " " "י 'ן - טו'ים
http://www.scribd.com/doc/195102959/
[2] 13-10-15 Criminal fraud complaint filed with Israel Police against Presiding Justice of the Supreme Court Asher Grunis // תלו" פלילית ל "וא" "ו'ש" למשטרת ישראל '" שיא 'ית "משפט " ליון מר אשר 'רויס
http://www.scribd.com/doc/176398650/
https://docs.google.com/file/d/0B8Aa2xQGbmk5Q2tqV1Q5dU40ZWc/edit?usp=sharing
[3] 13-11-28 Israeli Supreme Court Justice Asher Grunis' response in re: Appointment records of "Clerk" Aluma Zernik // תשו'ת שיא 'ית "משפט " ליון "שופט אשר 'רויס ל 'קש" לכת' מיוי" של " מכיר " אלומ" צריק
http://www.scribd.com/doc/192000174/
[4] 13-12-04 ISRAEL: No Chief Clerk in the Supreme Court? Presiding Justice Grunis: We've got many. // 'ית משפט " ליון ללא מכיר ראשי ??? 'רויס : יש לו "ר'" ...
https://drive.google.com/file/d/0B8Aa2xQGbmk5Nzg0Mk05VzBKejA/edit?usp=sharing
http://www.scribd.com/doc/189474708/
[5] Messinger, I Scott: Order in The Court - History of Clerks of United States Courts, Federal Judicial Center (2002)
http://www.scribd.com/doc/34819774/
[6] 13-01-01 The Human Rights Alert (NGO) submission, as incorporated into the UN Human RItghts Council UPR reprort with the note "Lack of integrity in the electronic records of the Supreme Court, the district court s and the detainees courts in Israel" (page 4, paragraph 25)
"ו-- סיי' לכויות "א"ם כלל '"ו-- מו צת כויות "א"ם של "או " ם (2013) 'לוויית "" ר" " --וסר יושר" 'כת'ים "אלקטרויים של 'ית "משפט " ליון , 'תי "משפט "מ--ויים , ו'תי ""ין למו--קי משמורת 'ישראל " ( מ ' 4, פסק" 25):
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G12/180/12/PDF/G1218012.pdf ? OpenElement
[7] 10-07-01 In re: Fine v Sheriff (09-A827): Complaint against US Supreme Court Counsel Danny Bickell Alleging Public Corruption and Deprivation of Rights
http://www.scribd.com/doc/33772313/
Dr Zernik's core research pertains to e-government and its significance for Human Rights and Civil Society.