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Human Rights Alert (NGO)

Joseph Zernik, PhD


PO Box 31440, Jerusalem 91313, Israel; josephzernik@humanrightsalertngo.org ;

"
91313 3144 "

12-12-13 Moshe Silman et al v Bituach Leumi (1752-08) in the Tel-Aviv


District Court Third Request for a) Due Process, b) Certification of
Decisions, c) Appointment Record of Kobi Bleich
All judicial records were so far served unsigned, with an unsigned authentication record on
behalf of an unnamed "Clerk". The evidence shows that the cases, related to Moshe Silman
were conducted as simulated litigation in the Tel-Aviv District Court. Therefore, the Court is
pressed for the third time to decide regarding: a) validity of invisible electronic signatures, b)
Request for Certification of previous decisions, and c) Request for "Chief Clerk" Kobi Bleich's
appointment record. The request compares invisible electronic signatures to the essence of the
fraud in the "Emperor's New Clothes", where the tailors sold the emperor invisible royal
garments.
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Record

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12-12-13 Moshe Silman et al v Bituach Leumi (1752-08) in the Tel-Aviv


District Court Third Request for a) Due Process, b) Certification of
decisions, and c) Appointment Record of "Chief Clerk" Kobi Bleich
[English translation - jz]
12-12-13 Moshe Silman et al v Bituach Leumi (1752-08) in the Tel-Aviv
District Court Third Request for a) Due Process, b) Certification of
decisions, and c) Appointment Record of "Chief Clerk" Kobi Bleich
[Hebrew Original]

LINKS:
[1] 12-10-10 Human Right Alert's Appendix IV to Submission; 2013 UPR of the State of Israel Integrity, or lack thereof, in the electronic record systems in the courts of the State of Israel - the
case of Moshe Silman
http://www.scribd.com/doc/109693460/

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Tel Aviv District Court


1752-08
Moseh Silman et al
v
Bituach Leumi et al
Third Repeat Request by Requester1 for a) Due Process, b) Certification by the office of
the Clerk of the Court of the Magistrate's October 25, 2012 and November 19, 2012
Decisions, and c) an order by the Court on Mr Kobi Bleich to produce to the Requester1
and the Parties to the case his appointment record as Chief Clerk.
To the Honorable Court, Magistrate Avigail Cohen, Chief Clerk Kobi Bliech, and the Parties:
The Requester1, Dr Joseph Zernik, herein files his Third Repeat Request for a) Due Process, b)
Certification by the office of the Clerk of the Court of the Magistrate's October 25, 2012 and
November 19, 2012 Decisions, and c) an order by the Court on Mr Kobi Bleich to produce to the
Requester1 and the Parties to the case his appointment records.
Purpose of the Request
1. The Requester1, Dr Joseph Zernik filed a series of requests in instant file to inspect court
records, for certification by the clerk of decisions received from the Court, pertaining to the
request to inspect, for disqualification of Magistrate Brenner, for expediting court process, and
for due service of judicial decision records in cases pertaining to Moshe Silman in the Tel
Aviv District Court, numbers 6909-01-10, 1752-08 , and 13491/2008. [i] Instant Repeat
Request is filed, following the November 27, 2012 Decision by Magistrate in this matter. [ii]
2. In her November 27, 2012 Decision, Magistrate Avigail Cohen failed to rule on any of the
matters that were brought before her:
a. Request for Due Process
On this matter, the Magistrate said:
"It is unclear to me why the Requester holds that there is a need to request 'Due Process'.
This is a self-evident matter, and I have no reason to believe that the Requester's matters
are not handled through Due Process".
In proceedings, pertaining to the Request to Inspect in instant court file:
- The Court continues to serve on the Requester1 decision records, which are purportedly
signed by the Magistrate, accompanied by authentication records, which are
purportedly signed by the Clerk, using invisible electronic signatures.
- The Court continues to serve on the Requester1 decision records, which fail to appear
in the online public access system under the "Decisions List".
- The office of the Clerk of the Court continues to deny the Requester1 access to the
"Requests List" of his own requests under the claim that such list does not exist. The
title of the Magistrate's Decision, "Request #9 in file 1752-08", demonstrates that the
Court indeed maintains a "Requests List", but denies access by the public and the
Requester1 to such list.
The Requester1 claims that conduct of the Court, outlined above, falls short of reasonable
standards of Due Process. Therefore, the Requester1 asks for Due Process, relative to his
own Request to Inspect the court file.

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b. Request for Certification by the office of the Clerk of the Court of the Magistrate's
October 25, 2012 and November 19, 2012 Decisions
The Magistrate failed to rule, or say anything on this matter.
c. Request for an Order by the Court on Mr Kobi Bleich to produce to the Requester1
and the Parties to the case his appointment record
The Magistrate failed to rule, or say anything on this matter.
3. The Requester1 claims that continued refusal for the Magistrate to rule on matters a-c, above,
pertaining to the fundamentals of Due Process, should be deemed violation of judicial ethics.
Therefore, the Requester1 again asks that the Magistrate rule on these matters.
4. Relative to the service of unsigned records by the Court, the Magistrate's November 27, 2012
Decision says: "There is no fault in decisions, which are signed by electronic signatures".
Such saying is meaningless, does not address and does not rule on the Request. Obviously,
there is no fault in judicial records that are signed, using visible and detectible electronic
signatures. Requester1 claims that that the service of judicial decision records by the Court,
which are purportedly signed using invisible and undetectable, is similar in its essence to the
fraud that is at the foundation of the fable "The Emperor's New Clothes", where the tailors
pretended to sew for the emperor invisible new clothes. In case the Magistrate faces technical
difficulties in producing records that are signed using visible and detectible electronic
signatures, there is nothing preventing her and the Clerk from signing the records, produced
by the electronic system, using visible and detectible hand signatures.
5. In her November 27, 2012 Decision, the Magistrate also says, "It is recommended that the
Requester focus on his original request to inspect the court file". Requester1 is not an
attorney, and has no legal education, but his understanding is that such saying is not valid and
inappropriate: A judge should rule on requests duly filed. Moreover, requests pertaining to
competency and validity of the Court supersede other matters currently before the Court in
this matter. The requests, filed herein for the third time, all pertain to the competency and
validity, or incompetency and invalidity of the conduct of the Court, pertaining to the Request
to Inspect.
Therefore, the Requester1 herein asks that the Court rule first and foremost on his
Request, filed for the third time:
a. That the Court serve its decision in this matter signed by the Magistrate and
accompanied by an authentication letter by the Clerk of the Court, using visible and
detectible signatures, be it electronic or hand signatures.
b. That the Court produce copies of the Magistrate's October 25, 2012 and November
19, 2012 Decisions, certified by the Chief Clerk "True Copy of the Original",
pursuant to the Regulations of the Courts (Office of the Clerk) 2004, Article 6a.
c. That the Court enter a decision in instant file, ordering Mr Kobi Bleich to produce to
the Requester1 and the Parties to the case his appointment record as Chief Clerk.
December 13, 2012
[signature]
____________
Dr Joseph Zernik
PO Box 31440, Jerusalem 91313

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____
Certificates of Service

For the convenience of readers, who are not court staff, the following links were provided.
i
[1] 12-07-22 Moshe Silman v Social Security and State of Israel (1752/08 and 6909-01-10) in the Tel
Aviv District Court - Requests to inspect and to copy Public Records of the Court. (Heb + Eng)
http://www.scribd.com/doc/100791012/
[2] 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://es.scribd.com/doc/101723398/
[3] 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://es.scribd.com/doc/102126857/
[4] 12-08-26 Moshe Silman et al v Bituach Leumi et al (1752-08) 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 s
http://es.scribd.com/doc/109696358/
[5] 12-11-01 Moshe Silman et al v Bituach Leumi et al (6909-01-10) in the Tel Aviv District Court
Request to expedite and for due service of court decisions
http://www.scribd.com/doc/113518216/
[6] 12-11-01 Moshe Silman et al v Bituach Leumi et al (1572-08) in the Tel Aviv District Court Request
to expedite and for due service of court decisions
http://www.scribd.com/doc/113519740/
ii
12-11-27 Silman v Bituach Leumi (1752-08) Decision on Request #9 by Magistrate A vigail Cohen
http://www.scribd.com/doc/116400832/

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[1] 12-07-22 Moshe Silman v Social Security and State of Israel (1752/08 and 6909-01-10) in the
Tel Aviv District Court - Requests to inspect and to copy Public Records of the Court. (Heb + Eng)
http://www.scribd.com/doc/100791012/
[2] 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://es.scribd.com/doc/101723398/
[3] 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://es.scribd.com/doc/102126857/
[4] 12-08-26 Moshe Silman et al v Bituach Leumi et al (1752-08) 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 s
http://es.scribd.com/doc/109696358/
[5] 12-11-01 Moshe Silman et al v Bituach Leumi et al (6909-01-10) in the Tel Aviv District Court
Request to expedite and for due service of court decisions
http://www.scribd.com/doc/113518216/
[6] 12-11-01 Moshe Silman et al v Bituach Leumi et al (1572-08) in the Tel Aviv District Court
Request to expedite and for due service of court decisions
http://www.scribd.com/doc/113519740/
ii

[1] 12-11-27 Silman v Bituach Leumi (1752-08) Decision on Request #9 by Magistrate Avigail
Cohen
http://www.scribd.com/doc/116400832

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