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Original Content at https://www.opednews.com/articles/Israeli-Supreme-Court-Just-by-Joseph-Zernik-Judicial-Corruption-170511-103.html (Note: You can view every article as one long page if you sign up as an Advocate Member, or higher). |
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May 11, 2017
Israeli Supreme Court Justice Uri Shoham fakes an arrest warrant on whistle-blower Shuki Mishol
By Joseph Zernik
Justice Shoham issued an unsigned arrest warrant on "anonymous", "subject to editing and phrasing changes", and in parallel applied unlawful sealing on the entire Supreme Court file. For 15 years, the justice system has been protecting the Tax Authority corruption figures, while persecuting the whistle-blowers. Judges are the crux of government corruption in Israel.
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Justice Uri Shoham issued an unsigned arrest warrant on "anonymous", "subject to editing and phrasing changes", and in parallel applied unlawful sealing on the entire Supreme Court file. The Prison Service noticed Tax Authority whistle-blower Shuki Mishol of his pending imprisonment, based on such unlawful, fake arrest warrant. Both Supreme Court Justice Shoham and Prison Service Governor Ofra Klinger have so far refused to respond on requests to correct their errors. For 15 years, the justice system has been protecting the Tax Authority corruption figures, while persecuting the whistle-blowers. Judges are the crux of government corruption in Israel.
Figures 1. Shuki Mishol, former director of Tel-Aviv region VAT is the most senior of a group of 15 Tax Authority whistle-blowers. Mishol is now facing unlawful arrest -- the culmination of a 15 year long persecution of the Tax Authority whistle-blowers.
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Former Tel-Aviv District Attorney Ruth David and her law office partner Ronel Fisher are now named defendants in an ongoing corruption trial. In her capacity as DA, David launched a persecution campaign against the Tax Authority whistle-blowers, including Shuki Mishol and Rafi Rotem. [i] According to Mishol, David's partner, Attorney Ronel Fisher tried to extort him. The couple was arrested after being caught in the act of accepting bribes in a suitcase full of cash from union boss, then under covert investigation for organized crime (later indicted), Alon Hassan. [ii] In their ongoing corruption trial it has been documented that David and Fisher had routinely sold covert criminal investigation materials from top Israel Police organized crime and corruption units to the investigation subjects. [iii] In a separate case, organized crime figure Amir Mulner [iv] claimed that the couple tried to extort him of USD 1 million. Initial media reports claimed that bribing judges was also part of the scheme, however that part of the scandal was hushed. Israeli Attorney General also refuses to further investigate or prosecute corruption claims, pertaining to Ruth David in her capacity as DA. Her prosecution is limited to corruption allegations after her retirement to private practice. Fisher was both a top attorney and a media figure, among his credits -- a "docu-reality' TV series - The Ten Commandments" [v]
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Figure 2. Supreme Court Justice Uri Shoham issued a perverted arrest warrant on whistle-blower Shuki Mishol, and in parallel, applied unlawful sealing on the entire court file. Regardless of repeat notices, Justice Shoham has so far failed to initiate corrective actions regarding the perverted arrest warrant and the perverted sealing. The combination of withholding court records and court files and perverting court records and court process has been known worldwide for generations as a hallmark of incompetent and/or corrupt courts.
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Figure 3. Supreme Court Index of All Cases: 1322/17 - "Sealed". Public access to court records is denied. But no sealing request was filed in this case, and no "Publication Prohibition Decree" [gag order] was lawfully entered. Regardless, fraudulent IT systems of the Israeli courts (and likewise US courts) enable judges to arbitrarily and capriciously withhold court files and court records from public access. Moreover, the publication of "sealed" court records is a criminal offense. Therefore, such judicial conduct undermines not only integrity of the courts, but also Freedom of Expression and Freedom of the Press.
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Figure 4. April 05, 2017 "Decision" by Supreme Court Justice Uri Shoham as received by fax by Appellant Shuki Mishol: Page 1 identifies the person, pertaining to whom the record was issued as "Anonymous". Page 5 says: "In sum, the Requester shall appear in Nitzan Prison on April 23, 2017 before 10:00 am, or as instructed by the Prison Service, for serving his penalty, holding an ID or a passport, and a copy of instant decision." The unsigned signature box says only "Judge", and the footnote disclaimer says - "subject to editing and phrasing changes". Following wide distribution of this "sealed" fake record (purportedly a criminal offense), the April 23, 2017 was delayed in the last minute -- currently scheduled for May 16.
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Figure 5. Ofra Kinger, Governor of the Israeli Prison Service. The Israeli Prison Service continues to notice whistle-blower Shuki Mishol of his pending imprisonment, regardless of repeat notices of the perverted, invalid nature of the arrest warrant, issued by Justice Uri Shoham. Is Klinger going to act as a gulag commander, or a law-abiding law-enforcement officer?
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OccupyTLV, May 8 -- notice was yesterday sent to Prison Service Governor Ofra Klinger regarding concerns that the Prison Service intended to unlawfully admit whistle-blower Shuki Mishol to prison -- with no lawful arrest warrant (see below). In parallel, notice was again filed with Supreme Court Justice Uri Shoham regarding the fake arrest warrant, which he had issued, and the fake sealing, which he had applied to the court file (see below).
Pending arrest with no valid arrest warrant
In recent weeks, the Prison Service has repeatedly contacted Shuki Mishol -- the most senior among the Tax Authority whistle- blowers -- with the intention of admitting him to prison based on a perverted arrest warrant, which was issued by Supreme Court Justice Uri Shoham.
The notice, forwarded to Prison Service Governor Klinger, also repeated the demand for a lawful FOIA response, on a request pertaining to prison admission procedures. The FOIA request was filed (and fees duly paid) over two years ago. [vi] However, so far only an invalid, false and misleading response was received (see below).
Supreme Court Justice Uri Shoham refuses to initiate corrective measures
In parallel, an urgent request to render decisions was filed yesterday with Supreme Court Justice Uri Shoham, who has so far failed to decide on requests to inspect a lawfully made "Publication Prohibition Decree" [gag order], pertaining Mishol v State of Israel (criminal appeal 1322/17) in the Supreme Court, and to inspect a lawfully made arrest warrant, pertaining to Shuki Mishol in the same court file.
Sealing was unlawfully applied on Mishol v State of Israel. In parallel, Justice Uri Shoham (former IDF Chief Military Legal Counsel and Chief Prosecutor) issued an April 05, 2017 "Decision", which is a perverted, invalid, false and misleading arrest warrant. Such arrest warrant fails to name the person, pertaining to whom it was issued (only "Anonymous"), is unsigned, and bears the disclaimer, "subject to editing and phrasing changes""
The failure, or refusal to initiate corrective measures after repeat notices is often considered evidence of fraud in contrast with human error.
Hallmarks of incompetent and/or corrupt courts
The combination of perverted sealing, or withholding court files and court records from public scrutiny, and perverting court records and court process is well-known worldwide for generations as a hallmark of incompetent and/or corrupt courts.
For the past 15 years the Israeli justice and law-enforcement systems have been actively shielding senior figures in the Tax Authority corruption scandal, and in parallel -- persecuting the whistle-blowers. The persecution of whistle-blowers is also well-known worldwide as a hallmark of corrupt regimes and a violation of Human Rights.
The Tax Authority was established by Prime Minister Netanyahu (then Treasury Minister) in 1999 without foundation in the law. The reorganization of the tax collection system permitted Netanyahu to appoint his cronies to senior positions. Within a few years the Tax Authority became a hub of corruption. In a media interview, then former AG Menachem Mazuz (today Supreme Court Justice) described the Tax Authority corruption as "the closest to organized crime in high offices".
The Supreme Court, "Constitutional Revolution" and Human Rights
The circumstances in Mishol's case produced unprecedented documentation of the issuing of an invalid, false and misleading arrest warrant by a Supreme Court Justice, and collusion by the Prison Service highest officers in a scheme to execute unlawful imprisonment.
Such circumstances shed new light on the "Constitutional Revolution", based on Human Dignity and Liberty, declared by then Israeli Supreme Court Presiding Justice Aharon Barak (there is no constitution in Israel). [vii] It should be noted that Judges Richard Posner and Robert Bork found themselves years ago in unusual unanimity regarding Aharon Barak's judicial conduct in this matter. [viii]
Such circumstances also shed new light on Supreme Court Presiding Justice Miriam Naor's repeat declarations regarding the Supreme Court's and her person commitment to " protect human rights and the rule of law". [ix]
Both Barak's and Naor's declarations appear as public relations stunts.
Widespread protest against corruption of the justice system
Events surrounding Mishol's arrest, if indeed executed, is likely to be the focus of small, focused demonstrations by Social Protest activists. The case demonstrates conditions in the Israeli courts today, where judges routinely and deliberately disregard the law and are held entirely unaccountable, even for fraud on the bench.
The Israeli Social Protest movement started in 2011 in response to unaffordable cost of living and growing poverty. The 2011 large protest wave has subsided, and the Social Protest has evolved into smaller, focused protest groups, which are dedicated to specific issues. The common thread to many or most of these groups today is protest against various aspects of corruption of the justice system. In response, the Israeli justice system is engaged in efforts to criminalize the leaders of such protest groups. The cases of Lori Shem-Tov and Moti Leybel, [x] Barak Cohen, [xi] Rafi Rotem, [i] and Shuki Mishol are prime examples of such trends.
However, as shown here -- the criminal prosecution of social protest leaders often documents corruption of the justice system more clearly than ever.
Today's protest against corruption of the justice system is unheard of in the State's nearly 70 year history.
Following is the notice sent to Prison Service Governor Ofra Klinger
May 07, 2017
Ofra Klinger, Israel Prison Service Governor
Israel Prison Service
Spokesperson Bureau, PO 81, Ramla, 72100
Fax: 08-9193810; 08-9193840
Email: yaffaz ; ips.dover ; meitalv , " פקי" "מות 'תי משפט - --×•× ×ž×œ×›" " NachumM , " מ--לקת 'יקורת - רכ טיפול 'תלוות ופיות "צי'ור - ×תי 'ו'ר " etigo
By email
RE: Shuki Mishol v State of Israel (1322/17) -- urgent warning regarding an attempt to unlawfully admit a person to prison!
Your response without further delay is requested.
Dear Prison Service Governor Klinger:
Please accept the attached urgent request for rendering decisions, which was filed today in the Supreme Court in the court file, referenced above.
Figure 1. [here -- Figure 5 , above -jz] April 05, 2017 "Decision" record by Supreme Court Justice Uri Shoham as received by Appellant Shuki Mishol: Page 1 identifies the person, pertaining to whom the record was issued as "Anonymous". Page 5 says: "In sum" the Requester shall appear in Nitzan Prison on April 23, 2017 before 10:00am, or as instructed by the Prison Service, for serving his punishment, holding an ID or a passport, and a copy of instant decision." The signature box says only "Judge", and the footnote a disclaimer says - "subject to editing and phrasing changes".
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The request documents the issuing of the April 05, 2017 unsigned "Decision" record by Justice Uri Shoham, pertaining to "Anonymous", bearing the disclaimer: "subject to editing and phrasing changes" (Figure 1) Such "Decision" record, which was sent to Mr Shuki Mishol, is deemed a sham, perverted, invalid, unenforceable Arrest Warrant, which is meant to deceive Mr Mishol to accept its authority as a lawful Arrest Warrant for his admission to prison.
In parallel, I am informed that the Prison Service has repeatedly contacted Mr Shuki Mishol in order to coordinate his arrest, purportedly based on such "Decision" record.
Additionally, I herein attach my April 16, 2017 demand for a lawful FOIA response, pertaining to Prison Service procedures for admission to prison (see Figure 2). The FOIA request was filed over two years ago!
Figure 2. January 06, 2016 sham, invalid, false and misleading FOIA response on request, which was duly filed and paid for on March 15, 2015, pertaining to: a) Admission procedures following implementation of electronic records in the courts, b) Appointment record of the Prison Service FOIA Officer. The unsigned response says: "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. FYI. Truly, Eti Gover, Inquiries and Complaints Coordinator, Prison Service.
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The case at hand -- the attempt to mislead Mr Shuki Mishol to enter imprisonment with no lawful Arrest Warrant would no doubt be deemed a serious violation of Human Rights.
It is expected and hoped that you lawfully perform your duties, abide by the law of the State of Israel, and would not admit Mr Shuki Mishol to prison absent a lawfully made Arrest Warrant.
Truly,
________________
Joseph Zernik, PhD
Human Rights Alert (NGO)
OccupyTLV
CC:
Association for Civil Rights in Israel, wide distribution
Following is the Request for Rendering Decisions, filed with Justice Uri Shoham in Mishol v State of Israel (1322/17) in the Supreme Court.
In the Supreme Court of the State of Israel
Anonymous v State of Israel 1322/17
Requester of Inspection: Joseph Zernik, PhD
OccupyTLV
PO Box 33407, Tel-Aviv
Fax: 077-3179186
Email: joseph.zernik
Urgent request for rendering a decision regarding lawfully made publication prohibition decree and lawfully made Arrest Decree
1. I nstant court file appears unlawfully "sealed". On April 21, 2017 the Requester filed a pro-forma request to inspect a lawfully made publication prohibition decree [gag order] ( Request No 6 , which was again entered as Request No 7 ) . To this date no decision was issued on such requests.
2. The April 05, 2017, Justice Uri Shoham "Decision", pertaining to "Anonymous" ( who is Appellant Shuki Mishol ) appears as a perverted, invalid, unenforceable "Arrest Decree" ( Figures 1 ) [here : Figure 5 , above -jz] . To this date, no decision was issued on the request to inspect a lawfully made Arrest Decree. On April 30, 2017, the Requester filed a pro-forma request to inspect lawfully made Arrest Decree in instant court file. To this date no decision has been rendered on the such request.
3. The Regulations of Criminal Court Procedure (1974), Article 31 says:
31. Once Sentencing was rendered -- the Judge/s or the Magistrate shall issue, pursuant to request by a party, Decree which shall specify that which requires execution, pursuant to the Sentencing, and in case prison sentence was imposed, an Arrest Decree shall be issued, pursuant to Form 6 in the Appendix; such Decree and Order shall be signed by the Judge/s or the Magistrate of the Court and shall serve as the authorization for any State agency for the execution of the sentence.
The Prisons Act (1971), is clear as well, explicitly saying:
2. A person shall not be admitted to prison, unless pursuant to an Arrest Decree or Detention Decree, which was brought with him...
3. The Prison Director shall verify that the Decree is signed by the appropriate authority and is lawfully made, and that the prisoner is the person stated in it.
4. The Requester also filed two years ago a FOIA request on the Prison Service , pertaining to current admission to prison procedures . The January 06, 2016 Response by Eti Grover, "Coordinator of Complaints and Public Inquiries' (invalid FOIA response: unsigned, issued by a person, who is not a FOIA officer), says:
We herein inform you that the reference for imprisonment in the Prison Service is an Arrest/Detention Warrant, signed by a judge -- original only!
5. The above referenced requests, which were filed with the Supreme Court, also serve as notices to the Supreme Court in general, and to Justice Uri Shoham in particular, regarding the serious perversions in instant court file. Therefore, refusal to render decisions on the above referenced requests also amounts to refusal to correct such perversions.
6. In parallel, the Requester filed notices with Governor of the Prison Service Ofra Klinger, warning her to safeguard the law, pertaining to admission of persons to prison in general, and Appellant Shuki Mishol in particular.
7. Ongoing refusal by the Supreme Court to correct serious perversions, pertaining to Liberty ; more over -- admission to prison by the Prison Service of Appellant Shuki Mishol, or any other person, with no lawfully made Arrest Decree, would not doubt be deemed serious violations of Human Rights in International Law.
8. Circumstances, which are documented in instant court file render the Supreme Court's hifalutin declarations regarding a "Constitutional Revolution" and its adherence to Human Rights as public relations stunts, no more.
9. Appellant Mishol is former senior officer of the Tax Authority, and the most senior among the Tax Authority whistle-blowers. Later, he became the victim of persecution by the justice system, particularly former Tel-Aviv District Attorney Ruth David and her partner Attorney Ronel Fisher. Therefore, the circumstances, which are documented in instant court file, also appear as continuation of persecution of Tax Authority whistle-blower Shuki Mishol by the justice and law enforcement systems.
10. Instant request is extremely urgent, given the pending imprisonment.
Date: May 07 , 2017; Requester's signature: _______________
Joseph Zernik, PhD
LINKS:
i 2008-09-02 Whistle-blower Rotem, Judge Almagor, and medieval-digital corruption of the Israeli courts, OpEdNews.com
2014-05-05 ISRAEL: After years of abuse, Tax-Authority whistleblower Rafi Rotem wins the right to be deposed by State Ombudsman. OpEdNews.com
2014-05-17 Tel Aviv courtroom drama exposes new evidence of organized crime in highest levels of government in Israel, OpEdNews.com
2014-05-26 Request filed with Amnesty International in the case of persecuted Israeli Tax Authority whistle-blower Rafi Rotem, OpEdNews.com
https://www.opednews.com/Series/Rafi-Rotem--Israeli-Tax-A-by-Joseph-Zernik-141110-412.html
2014-09-29 ISRAEL: Attorneys from a non-existent law-firm appeared as Public Defenders for whistle-blower Rafi Rotem, OpEdNews.com
2014-11-10 Israeli Ombudsman refuses to accept whistle-blower complaint against PM Netanyahu - smuggling, murder of a "source", OpEdNews.com
ii2015-05-06 Former district attorney arrested in major bribery case, Times of Israel
http://www.timesofisrael.com/former-district-attorney-arrested-in-major-bribery-case/
TOPIC: Alon Hassan, Times of Israel
http://www.timesofisrael.com/topic/alon-hassan/
iii 2014-07-06 Top lawyer arrested in massive police bribery scandal, Times of Israel
http://www.timesofisrael.com/top-lawyer-arrested-in-police-corruption-scandal/
2015-05-07 Former TA District Attorney arrested in Fisher affair, Globers
TOPIC: Ronel Fisher scandal, Arutz Sheva
http://www.israelnationalnews.com/News/Tag.aspx/38100
iv 2015-10-03 AFTER YEARS ABROAD, TOP MOB BOSS ARRESTED AFTER LANDING IN ISRAEL, Jerusalem Post
v The Ten Commandments - trailer, Keshet
http://www.keshetinternational.com/show/factual-ent/the-ten-commandments/
vi 2015-03-15 Freedom of Information request on the Israel Prison Service, re: Lawful arrest warrants in general, and arrest warrants of Roman Zadorov and Shula Zaken in particular
https://www.scribd.com/doc/258789616/
vii 1993 Aharon Barak, "A Constitutional Revolution: Israel's Basic Laws", Yale Law School, Faculty Scholarship Series
http://digitalcommons.law.yale.edu/fss_papers/3697/
viii2007-04-23 Richard Posner, " Enlightened Despot", The New Republic
https://newrepublic.com/article/60919/enlightened-despot
ix 2015-05-07 Remarks by Miriam Naor, President of the Supreme Court, at her Swearing-in Ceremony, Yeshiva University Cardozo Law School website
x 2017-05-05 Court observers scuttle Israeli judge's attempt to hold a closed doors hearing in protesters' criminal prosecution
xi2015-06-28 When it comes to the First Amendment - Israel scores an "F", OpEdNews.com
Authors Website: https://www.scribd.com/Human_Rights_Alert
Authors Bio:
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 reach fruition!"
* Attorney Avigdor Feldman - "In my opinion you are doing very important work" thank you for your thorough and persistent work".
* Prof Amnon Shashua, Mobileye Co-founder - "" very important work".
* International experts, as part of anonymous peer-review - "" challenges current concepts in the field".
Four submissions, which he authored on behalf of Human Rights Alert - NGO, were incorporated into UN Human Rights Council Periodic Reports regarding the US or Israel (2010, 2013, 2015, 2018). His research has been presented and published in international academic conferences, including Data Mining (2010), Criminology (2012), E-government (2015, 2017), and were also cited in a textbook on "Machine Learning".
Online updated version: http://www.scribd.com/doc/46421113/