Human Rights Alert (NGO

)
Joseph Zernik, PhD PO Box 31440, Jerusalem 91313, Israel; josephzernik@humanrightsalertngo.org ;

‫סייג לזכויות האדם‬
‫ד"ר יוסף צרניק‬ 91313 ‫ת"ד 4413 ירושלים‬

12-10-11 Human Right Alert's Appendix IV to Submission; 15th UPR Working Group Session (Jan-Feb 2013): State of Israel

Integrity, or lack thereof, in the electronic record systems in the courts of the State of Israel ~A court, which refuses to certify its own records, is certified corrupt~ -----

12-10-11 Appendix IV – the case of the late Moshe Silman
In July 2012, social activist Moshe Silman self-immolated during social protest in Tel Aviv. The opening lines of his suicide letter accuse the Tel Aviv District Court of obstructing his access to justice. Review of the records of the Court reveals conduct of simulated litigation, involving judges, clerks, and attorneys in the Tel Aviv District Court and in the Supreme Court of the State of Israel. Attempts continue to access court records, to inspect and to copy. In handling such requests, the District Court continues to engage in simulated service of simulated decisions.

The case of the late Moshe Silman involves a number of judges and clerks in the Tel Aviv District Court, a retired Judge, as a lawyer for the social security administration, Supreme Court clerks, and a Supreme Court magistrate, among others. The following is an interim summary with links to relevant records, which are all posted online. Most of the records in this case are still missing: 1. Magistrate/Pro Tem District Judge Hagai Brenner, of the Tel Aviv District Court, is yet to provide valid service of a valid decision on his own disqualification for a cause. 2. The District Court is yet to permit access to court records to inspect and to copy. 3. The Clerk of the District Court is yet to provide certified copies of an unsigned, unauthenticated order, received by mail from the office of the Clerk of the District Court, in response to Request that explicitly asked for due service and notice of judicial records by the District Court. 4. The Clerk of the District Court is yet to provide certified copies of decisions, which were published online in the cases of Moshe Silman.

Human Right Alert's 2012 State of Israel UPR Appendix IV to Submission: Integrity, or lack thereof, of the electronic records of the courts – the case of Moshe Silman

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5. The Social Security administration has failed to respond by the time provided by law, regarding requests for documentation of the authorization of Frish as Attorney of Record for the Social Security Administration in this case. 6. The law office of Judge (Ret) Sarah Frish, has so far refused to respond on request, pertaining to service of court records, regarding its authorization as Attorneys of Record for the Social Security Administration in this case. Concern should be raised that beyond the conduct of simulated litigation in the District Court in this case, the Social Security Administration and the law office of Judge (Ret) Sarah Frish engaged in court appearances of unauthorized attorneys. Such conduct has been repeatedly been documented in the state and federal courts in the United States, as inherent to the current "Foreclosure Crisis". [1] The Human Rights Alert (NGO) submission for the 2013 Universal Periodic Review of Human Rights in Israel is titled: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel. The submission documented the invalidity of Net HaMishpat, the current electronic record system of the district courts. The submission also documented the refusal of the Administration of Courts and the Ministry of Justice to respond on requests, pursuant to the Freedom of Information Act (1988), for the appointment records of the Chief Clerks of the District Courts of the State of Israel. Timeline of Events in re: the late Moshe Silman
1) Moshe Silman et al v Bituah Leumi-Tel-Aviv Branch et al (13491/2008) - Original Complaint? - in the TelAviv-Jaffa District Court • July 10, 2008 - date of the first record under 1349/2008 - unsigned Decision by an unnamed person in the "Legal Department, Tel-Aviv-Jaffa District Court" July 31, 2009 - unsigned Decision by The office of the Clerk of the District Court refused to receive for filing a Request to Inspect and to Copy under 1349/2008, since it did not exist. 2) Moshe Silman et al v Bituah Leumi-Tel-Aviv Branch et al (1752-08) - Original Complaint? - in the TelAviv-Jaffa District Court • July 8, 2008 - is listed as the filing date of the Original Complaint under 1752-08. • October 8, 2009 - Registrar Ethan Orenstein's Decision, unsigned, indexed under both 13491-08 and 175208,notes that Response by Bituach Leumi failed to be filed in the court file, although it was apparently served on Silman's attorney. Orenstein instructs the Attorney for Silman to file Bituach Leumi's Response in the Court. 3) November 1, 2009 - Magistrate Judge Hagai Brenner, formerly Peace Court Judge, is appointed to a double-hat position in the Tel-Aviv-Jaffa District Court: Registrar and Pro Tem District Judge. 4) Moshe Silman et al v Bituah Leumi-Tel-Aviv Branch et al (1752-08) - Original Complaint? - in the TelAviv-Jaffa District Court • November 19 (?), 2009 - the case was re-assigned (?) to Brenner in the hat of a Registrar (no normative documentation has been discovered so far of the Assignment/Re-assignment Procedures). • November 19, 2009 - first appearance of a record by Brenner in the case - Decision - denying the Request for Waiver of Fees and ordering Dismissal of the Complaint. The electronic Public Records fail to show valid court records for the Decision and the Protocol, and the Proceeding is not listed in the Calendar of the Court. The local terminal records explicitly state the proceeding, presided by Hagai Brenner on that date "did not take place." The Protocol lists an unknown "Bracha" as Attorney for Bituach Leumi. The records conflict on the date of issuance of the Order in the presence or the absence of the parties.
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[ ] 08-03-05 Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion, rebuking Countrywide's litigation practices, Countrywide's false outside counsel scheme s http://he.scribd.com/doc/25001966/
Human Right Alert's 2012 State of Israel UPR Appendix IV to Submission: Integrity, or lack thereof, of the electronic records of the courts – the case of Moshe Silman

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• November 29, 2009 - The November 19, 2009 Decision was served (not yet delivered) on the Complainant 5) Moshe Silman v Bituach Leumi Institute (10435/09) - Request for Leave to Appeal - in the Supreme Court of the State of Israel • December 28, 2009 - Attorney for Silman files in the Supreme Court the Request for a Leave to Appeal the November 19, 2009 Brenner Decision. • December 29, 2009 - Magistrate Judge Yigal Marzel of the Supreme Court issues the Order to Show Cause: Why the Appeal should not be dismissed, for having been filed with the wrong judicial authority? The Order clarifies the double-hat nature of Brenner's appointment in the Tel-Aviv-Jaffa District Court. Magistrate Judge Yigal Marzel finds that the November 19, 2009 Decision was issued by Brenner in the hat of Registrar, and that therefore, the Decision should be appealed before the Tel-Aviv-Jaffa District Court. 6) Moshe Silman et al v Bituah Leumi-Tel-Aviv Branch et al (1752-08 and13491/2008) - Original Complaint – in the Tel-Aviv-Jaffa District Court • December 31, 2009 - Attorney for Silman files in the District Court Response on Bituach Leumi's Request to Dismiss for failing to pay filing fee. In the Response, Silman asks Brenner to stay the execution of the November 19, 2009 Order and the Dismissal until the Request for Leave to Appeal, then pending before the Supreme Court, is decided. 7) Moshe Silman v Bituach Leumi-Tel-Aviv Branch, Legal Department (6909-01-10) - Appeal of Magistrate JudgeDecision - in the Tel-Aviv-Jaffa District Court • January 6, 2010 - following the directives in the Order to Show Cause in the Supreme Court, Attorney for Silman files the Appeal in the District Court. 8) Moshe Silman v Bituach Leumi Institute (10435/09) - Request for Leave to File an Appeal - in the Supreme Court of the State of Israel • January 12, 2010 - Judgment is issued by Magistrate Judge Yigal Marzel, dismissing the Request for Leave to Appeal in the Supreme Court. 9) Moshe Silman et al v Bituah Leumi-Tel-Aviv Branch et al ( 1752-08 and13491/2008) - Original Complaint - in the Tel- Aviv-Jaffa District Court • January 25, 2010 - "Post-It Order" (in the local terminal) is issued by Brenner in the hat of Registrar, denying the Request to Stay and dismissing the Original Complaint. Brenner also notes that the Request for Leave to Appeal in the Supreme Court was filed with the wrong judicial authority. The "PostIt Order" fails to beregistered or be included in the electronic court file in a remote terminal. 10) Moshe Silman v Bituach Leumi-Tel-Aviv Branch, Legal Department (6909-01-10) - Appeal of Magistrate JudgeDecision - in the Tel-Aviv-Jaffa District Court • January 31, 2010 - the Appeal of Brenner's Decision in the hat of Registrar is assigned to Brenner in the hat of Pro Tem District Judge. • January 31, 2010 - Brenner in the hat of Pro Tem District Judge denies the Appeal, originating in Brenner'sNovember 19, 2009 Decision in the hat of Registrar. The record of the January 31, 2010 Decision/Judgementis missing from both local and remote terminals records. 11) July 2012 – Moshe Silman self-immolates during social protest in Tel Aviv • The opening line of his suicide letter accuse the Tel Aviv District Court for obstructing his access to justice, and mentions Judge Brenner by name 12) July-October 2012 – efforts to access court records related to the late Moshe Silman and determine the nature of the litigation • July 24, 2012 - Request filed with Attorney Yehezkel Reinhertz of Frish Shperber Reinhertz & Co Law Office re: representation of Bituach Leumi in Silman et al v Bituach Leumi et al. • July 29, 2012 - Requests for certified copies of court orders was filed with the Tel Aviv District Court. • August 03, 2012 - Freedom of Information Request filed on Bituach Leumi (Social Security Administration) for papers authorizing Attorneys of Record for Bituach Leumi in cases involving the late Moshe Silman • August 05, 2012 - Statements of Disqualification filed against Judge Hagai Brenner • August 07, 2012 - Cover Letter for Service of Statements of Disqualification on parties, and Request to be Informed, in absence of service of decisions by the District Court

Human Right Alert's 2012 State of Israel UPR Appendix IV to Submission: Integrity, or lack thereof, of the electronic records of the courts – the case of Moshe Silman

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• • • •

August 10, 2012 – repeat Freedom of Information Request on Bituach Leumi (Social Security Administration) for papers authorizing Attorneys of Record for Bituach Leumi in cases involving the late Moshe Silman August 21, 2012 - Simulated service [‫ ]המצאה למראית עין‬of a simulated July 31, 2012 Decision [ ‫החלטה‬ ‫ ]למראית עין‬by Judge Hagai Brenner in re: Request to Inspect and to Copy court records August 26, 2012 – Request filed by Requester1, Dr Joseph Zernik, for a signed and certified copy of July 31, 2012 Decision record, which appears a simulated court record on its face. August 30, 2012 - Simulated service [‫ ]המצאה למראית עין‬of a simulated August 30, 2012 Decision [ ‫החלטה‬ ‫ ]למראית עין‬by Judge Hagai Brenner in re: Statement for his own disqualification for a cause. October 11, 2012 – Notice provided to parties and the Clerk of the District Court in re: Simulated service [‫ ]המצאה למראית עין‬of a simulated August 30, 2012 Decision [‫ ]החלטה למראית עין‬by Judge Hagai Brenner in re: Statement for his own disqualification for a cause.

Silman v Social Security Administration in the Tel Aviv District Court In July 2012, Moshe Silman, a social activist, self-immolated in a Tel Aviv protest. The opening lines of this suicide letter accused the Tel Aviv District Court, where he sued the social security administration, of obstructing his access to justice. Initial attempts to access the records of the Tel Aviv District Court have been unsuccessful so far. However, in the process it was discovered that: • • • The complaint and initial decision in this case were filed under a court file number that now the office of the Clerk of the Court says never existed; None of the published decisions are signed, instead, simulated, ¨Post-it Decisions” were issued; Judge Brenner affected the dismissal of the original complaint, and then denied an appeal from his own decision.

(a)

(b)

Figure 1. Simulated service of a simulated court decision in Silman et al v Bituach Leumi et al (1572-08) in the Tel Aviv District Court. (a) Simulated, unsigned Certificate of Service – the signature box at lower left, says "Signature of the Clerk" below the signature line. The signature box was left unsigned, and no clerk was named; (b) Simulated, unsigned "Post-it" Decision in the name of Judge Hagai Brenner, as served on the author by the Tel Aviv District Court, in response to a Request to Instpect and to Copy. The purported decision record is an the electronic, half

Human Right Alert's 2012 State of Israel UPR Appendix IV to Submission: Integrity, or lack thereof, of the electronic records of the courts – the case of Moshe Silman

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transparent text box at the upper left, superimposed on the request record. The purported Decision says: "For response by parties and their heirs within 21 days. Service in person by the Requester".The Request record explicitly asked the Tel Aviv Districtr Court for due service of court decisions in the matter (access to inspect and to copy).

Furthermore, while Silman's attorney immediately confirmed that he was the authorized Attorney of Record of the Plaintiff, the office of a retired judge, who appeared on behalf of the social security administration, refused to confirm or deny that it was authorized as Attorney of Record for the Defendant. Likewise, the social security administration refused to respond on a Freedom of Information Act request, for the authorization record of the Attorney for social security. Conduct of the social security administration and its attorneys should raise concern of appearance by unauthorized attorneys, a common practice of financial insittutions in the United States, which has been repeatedly documented during the current crisis. [2] Multiple, different, parallel "court files" in Net HaMishapt – the electronic record system of the District Courts No access has been gained so far to the Tel Aviv District Court files in the case of Moshe Silman. Attempts to gain such access have shown that the Tel-Aviv court established the following, materially different court files, in violation of the law: 1. 2. 3. 4. 5. Paper court file; Court file as seen from a remote public terminal; Court file as seen from a local public terminal in the Court; Court file as seen in the terminals of the office of the Clerk; Court file as seen by the judges?

Silman v Social Security Administration in the Supreme Court The case of Moshe Silman originated in the Decision of Hagai Brenner in the Tel Aviv District Court (see below). The Appeal was initially filed with the Supreme Court as the review court. In the Supreme Court, the Appeal was dismissed, for being filed with the incorrect instance. The Decision, published online unsigned and uncertified, explains that Hagai Brenner wears two hat, one of a Magistrate and the other of a pro tem District Judge. Since the Decision was by Brenner in his hat of Magistrate, the review court is the Tel Aviv District Court itself. Consequently, Silman's attorney filed the appeal in the Tel Aviv District Court, where the appeal was purportedly assigned to Brenner in his hat of pro tem District Judge and denied. Regardless of the legal content of the Supreme Court's decision, the case document the conduct of simulated proceedings in the Supreme Court, originating from simulated decision of a lower court. Neither the Supreme Court, nor any other court, has jurisdiction over appeals from simulated court decisions or judgments. The fact that a file for an appeal was even opened, shows failure in integrity of the office of the Clerk of the Supreme Court. The Clerk of the Supreme Court should have declined to accept the filing of such appeal, and instead, upon realizing the nature of the records and the conduct of the Tel Aviv District Court, should have informed others, in order to initiate corrective actions.
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08-03-05 Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion, rebuking Countrywide's litigation practices, Countrywide's false outside counsel scheme s http://he.scribd.com/doc/25001966/
Human Right Alert's 2012 State of Israel UPR Appendix IV to Submission: Integrity, or lack thereof, of the electronic records of the courts – the case of Moshe Silman

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The case of Silman v Social Security Administration in the Supreme Court documents the integrated actions of the information systems of the Supreme and Tel Aviv District Court. From criminological perspective, the conduct of simulated litigation and publication and service of fraudulent judicial records is deemed Organized State Crime. LINKS:
1. 12-07-25 PRESS RELEASE: Time Line of Events: Moshe Silman - self-immolated, Israeli social protest activist - and the justice system of the State of Israel (English) http://he.scribd.com/doc/101008706/ 12-07-17 Moshe Silman v State of Israel (1752-08) in the Tel Aviv District Court – electronic public records s http://he.scribd.com/doc/100289786/ 12-07-22 PRESS RELEASE - Moshe Silman and the Justice System of the State of Israel (Hebrew) http://he.scribd.com/doc/100795490/ 12-07-22 PRESS RELEASE: Moshe Silman, Self-immolated Israeli Social Protest Activist, and the Justice System of the State of Israel (English) http://he.scribd.com/doc/100800832/ 12-07-22 Moshe Silman v Bituach Leumi-Tel-Aviv Branch, Legal Department (6909-01-10) Appeal of Magistrate Judge Decision in the Tel-Aviv-Jaffa District Court electronic Public Records - local terminal http://he.scribd.com/doc/101008615/ 12-07-22 Moshe Silman v Bituach Leumi-Tel-Aviv Branch et al (1752-08 and and 13491/2008 ) in the Tel Aviv District Court – electronic Public Records - local public access terminal http://he.scribd.com/doc/101008300/ 12-07-24 Moshe Silman v Bituach Leumi-Tel-Aviv Branch, Legal Department (6909-01-10): Unsigned, electronic Post-It Decision by Hagai Brenner, discovered on July 29, 2012 http://he.scribd.com/doc/101797984/ 12-07-24 PRESS RELEASE: Who Was Attorney for Bituach Leumi (Social Security) in Moshe Silman et al v Bituach Leumi et al in the Tel-Aviv-Jaffa District Court? http://he.scribd.com/doc/100902177/ 12-07-24 Moshe Silman v Bituach Leumi Institute (10435/09) - Request for Leave to File an Appeal - in the Supreme Court of the State of Israel – online electronic Public Records, as downloaded from a remote location s http://he.scribd.com/doc/100937934/ 12-07-24 Moshe Silman v Bituach Leumi-Tel-Aviv Branch, Legal Department (6909-01-10) – Appeal of Magistrate Judge Decision - in the Tel-Aviv-Jaffa District Court – online, electronic Public Records, as downloaded from a remote location s http://he.scribd.com/doc/100914994/ 12-07-24 Request filed with Attorney Yehezkel Reinhertz of Frish Shperber Reinhertz & Co Law Office re: representation of Bituach Leumi in Silman et al v Bituach Leumi et al. http://he.scribd.com/doc/100891747/ 12-07-25 PRESS RELEASE: Time Line of Events: Moshe Silman - self-immolated, Israeli social protest activist - and the justice system of the State of Israel (Hebrew) s http://he.scribd.com/doc/101104145/ 12-07-29 Moshe Silman v Social Security and State of Israel (1752/08 and 6909-01-10) in the Tel Aviv District Court - Requests for Certified Orders (Heb + Eng) s http://he.scribd.com/doc/101723398/ 12-08-03 PRESS RELEASE: Moshe Silman, Israeli self-immolated social protest activist, and the justice system of the State of Israel – Freedom of Information request on Bituach Leumi (Social Security Administration) for names of Attorneys of Record (Eng+Heb) http://he.scribd.com/doc/101968781/ 12-08-03 Freedom of Information Request filed on Bituach Leumi (Social Security Administration) for papers authorizing Attorneys of Record for Bituach Leumi in cases involving the late Moshe Silman s http://he.scribd.com/doc/101962737/ 12-08-05 PRESS RELEASE: Moshe Silman, Israeli, self-immolated, social protest activist and the justice system of the State of Israel – Statements of Disqualification against Judge Hagai Brenner http://he.scribd.com/doc/101953721/ 12-08-05 Moshe Silman v Social Security and State of Israel (1752/08 and 6909-01-10) in the Tel Aviv District Court Disqualification Statements against Judge Hagai Brenner (Heb + Eng) http://he.scribd.com/doc/102126857/ 12-08-07 Silman v Bituach Leumi (1752/08 and 6909-01-10) Cover Letter for Service of Statements of Disqualification on parties, and Request to be Informed, in absence of service of decisions by the District Court s http://he.scribd.com/doc/102241618/

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Human Right Alert's 2012 State of Israel UPR Appendix IV to Submission: Integrity, or lack thereof, of the electronic records of the courts – the case of Moshe Silman

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19. 12-08-07 Moshe Silman v Bituach Leumi-Tel-Aviv Branch et al (1752-08) - Original Complaint? - in the Tel Aviv District Court – electronic Public Records - remote terminal (Eng+Heb) http://he.scribd.com/doc/102234043/ 20. 12-08-07 Moshe Silman v Bituach Leumi-Tel-Aviv Branch et al (6909-01-10) - Appeal - in the Tel Aviv District Court – electronic Public Records - remote terminal (Eng+Heb) s http://he.scribd.com/doc/102235093/ 21. 12-08-08 OpEd Submitted to Haaretz - Registrar Hagai Brenner's Next Step in Cases Related to the Late Moshe Silman (Hebrew) http://he.scribd.com/doc/102420041/ 22. 12-08-08 PRESS RELEASE: Taking Bets by legal and Information Systems experts on Judge Hagai Brenner's next move in cases related to the late Moshe Silman... http://he.scribd.com/doc/102338002/ 23. 12-08-10 Repeat Freedom of Information Request on Bituach Leumi (Social Security Administration) for papers authorizing Attorneys of Record for Bituach Leumi in cases involving the late Moshe Silman. s http://he.scribd.com/doc/102520750/ 24. 12-08-21 Moseh Silman et al v Bituach Leumi et al (1572-08) in the Tel Aviv District Court – simulated service [‫]המצאה למראית עין‬ of a simulated July 31, 2012 Decision [‫ ]החלטה למראית עין‬by Judge Hagai Brenner in re: Request to Inspect and to Copy court records. http://he.scribd.com/doc/103507324/ 25. 12-08-26 Moseh Silman et al v Bituach Leumi et al (1572-08) in the Tel Aviv District Court – Request filed by Requester1, Dr Joseph Zernik, for a signed and certified copy of a July 31, 2012 Decision, which appears on its face a simulated court record. http://www.scribd.com/doc/109696358/ 26. 12-08-26 Moseh Silman et al v Bituach Leumi et al (1572-08) in the Tel Aviv District Court – Apparent Certificates of Service by Requester1, Dr Joseph Zernik, on Request filed by Requester1, Dr Joseph Zernik, for a signed and certified copy of a July 31, 2012 Decision, which appears on its face a simulated court record. http://www.scribd.com/doc/109698013/ 27. 12-09-07 NextTech2012 Debate: Large-scale Fraud in the Electronic Records of the Courts – A call for action by computing experts by Joseph Zernik, PhD - short opening presentation http://he.scribd.com/doc/105211052/ 28. 12-08-30 Moseh Silman et al v Bituach Leumi et al (1572-08) in the Tel Aviv District Court – simulated service [‫]המצאה למראית עין‬ of a simulated August 30, 2012 Decision [‫ ]החלטה למראית עין‬by Judge Hagai Brenner in re: Statement of Disqualification for a Cause of Judge Hagai Brenner http://www.scribd.com/doc/109700882/ 29. 12-10-11 Moseh Silman et al v Bituach Leumi et al (1572-08) in the Tel Aviv District Court – Notice of Simulated Service of August 30, 2012 Decision by Judge Hagai Brenner in re his own on disqualification for a cause http://www.scribd.com/doc/109700569/

Human Right Alert's 2012 State of Israel UPR Appendix IV to Submission: Integrity, or lack thereof, of the electronic records of the courts – the case of Moshe Silman

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