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OpEdNews Op Eds    H3'ed 7/12/16

ROMAN ZADOROV - the Israeli Mendel Beilis

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The complaint was filed following the recent decision by Israeli Supreme Court Presiding Justice Miriam Naor to deny Roman Zadorov's request for a new hearing of his appeal by a larger panel. The appeal in the Supreme Court, which lasted five years -- from 2010 to 2015 -- ended up with a split panel 2:1 reaffirmation of his conviction.

The case of Roman Zadorov is unprecedented in the history of Israel, since regardless of repeat decisions of the courts both legal experts and the public at large, even the victim's mother -- denounce the courts' decisions as false.

Among expert opinions quoted in the complaint:

  • Veteran senior Israel Police investigator Alex Peleg repeatedly stated: "There is no evidence tying Zadorov to the crime scene", and "the murder reenactment was staged".

  • Investigator Haim Sadovsky wrote a book on the case, titled, "Framing the Innocent".

  • Senior Criminal Law Professor Boaz Sangero later wrote: "Conviction with no real evidence".

  • Senior Law Professor Mordechai Kremnitzer wrote: "Conduct of the prosecution is scary. It is not conduct of Prosecution, which is seeking the truth... in the Zadorov case.. if you add... the position of the Supreme Court and the Attorney General in recent years, we are left with a justice system, which is primarily occupied with protecting itself".

  • Regarding retaliation campaign by Chief Prosecutor Shai Nitzan against senior Forensic Expert, Dr Maya Forman, who testified for the Defense, Minister of Health Yael German, wrote: "... lacks legal foundation and carries overarching and dangerous implications... blatant violation of Human Rights, the fundamentals of law and justice..."

  • Senior Law Professor Yoav Dotan wrote: "Dr Forman and Mr Nitzan".

  • Senior forensic expert, Dr Hen Kugel, stated in interview with media: "I am intimidated by the State Prosecution".

  • Senior Law Professor Daniel Friedman stated in the Knesset's Constitution, Law, and Justice Committee hearing: "The Attorney General cannot gag the entire State and not let anybody voice an opinion".

  • Commissioner of Prosecutorial Oversight, Judge (ret) Hila Gerstel, before resigning as part of the ripple effects of the case, stated that Chief Prosecutor Shai Nitzan "is not telling the truth".

  • Top Israeli Criminal Defense Attorney Avigdor Feldman, Roman Zadorov's pro bono counsel, wrote that regardless of his efforts, he could only discover "remnants of the judgment records, which haven't been scattered by the wailing wind across the vast Jezreel valley..."

Public access to judicial decision records is guaranteed by domestic law, and was declared in a 2009 Supreme Court Judgment , "fundamental principle in any democratic regime... constitutional, super-statutory..." However, both the Nazareth District Court and the Supreme Court conducted perverted judicial review process in response to attempts to inspect judicial records in this case and denied access:

  • Supreme Court Magistrate Gilad Lubinsky denied access to inspect the original paper decision records from the Nazareth District Court under the reasoning of "a jumble" in the court file.

  • Presiding Judge of the Nazareth District Court Avraham Avraham ruled: " ... these are not requests to inspect, but an investigation by the Requester of the validity and operations of Net-HaMishpat [case management] system and various other claims relative to conduct of the judicial panel in instant court file. In such matters, this Court shall not engage..." Judge Avraham further issued a threat of imposing monetary penalties if efforts to exercise the Right to Inspect continued. Regarding repeat request to inspect a "Lawfully made Arrest Decree" he finally ruled, "on its face the request appears cantankerous, useless... therefore denied".

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