Human Rights Alert (NGO)

(NGO)

Joseph Zernik, PhD

PO Box 33407, Tel Aviv, Israel
123456xyz@gmail.com

Digitally
signed by
Joseph Zernik,
PhD
Date:
2014.08.17
14:42:28
+03'00'

'
6133301 ",33407 "

[]
August 17, 2014
Presiding Justice Asher Grunis
Supreme Court of the State of Israel
Shaarey Mishpat Street, Jerusalem
By certified mail

2014-08-18 By certified mail

RC057693644IL jz

Presiding Judge Ziva Hadassi Herman

Tel Aviv Magistrate Court
1 Weitzmann Street, Tel Aviv
By certified mail

2014-08-18 By certified mail

RC057693595IL jz

RE: State of Israel v Rafi Rotem (1074-02-13) in the Tel Aviv Magistrate Court
- Notice of evidence of perversion of justice and fraud on the court.
Your written response within 14 days is kindly requested.
Dear Presiding Justice Grunis and Presiding Judge Hadassi Herman:
Attached please find a copy of the records in the court file in reference, as
inspected and copied on July 17, 2014 from the party terminal and/or office of the
clerk terminal of the Tel Aviv Magistrate Court. With the records also please find
analysis, outlined below, which provides evidence of lack of integrity and validity
of the records and in court procedures in this case:
1. No attorney ever filed a Power of Attorney certificate.
2. Attorneys from the Public Defender's office appeared as Counsel for Defendant,
in disregard of the Criminal Court Procedures Act of the State of Israel,
pertaining to the appointment of public defender and his replacement by the
Court.
3. One such counsel, Attorney Sadeh, provided preliminary agreement, without
the Defendant's knowledge, to conduct trial with no appearance of witnesses for
the prosecution.
4. Five (5) records of minutes and decisions by Judge Predalsky are listed as
entered, but none is listed as served on the parties by the Court.
5. Two hearings are listed under "Arraignment", but in neither was the pleading of
the Defendant "Guilty", or "Not guilty", recorded. With it, in a later hearing,
Judge Predalsky states, "If the Defendant continues his denial of the charges we
have to set up a trial date".
6. Almost a year and a half after the filing of the Indictment, the Defendant and
his counsel (if there is any) were not given full access to the evidence, held by
the Prosecution.
7. The electronic court file includes hyperlinks to seven (7) external investigation
files of the Tel Aviv police, which are inaccessible to the Defendant, in

1/6

disregard of the Criminal Court Procedures Act, which prohibits the filing in
court of evidence, unless the Defendant or his counsel were given reasonable
opportunity to inspect it.
Combined, the evidence must raise serious concerns regarding perversion of
justice and fraud on the court in this case.
Moreover, such conduct is likely to be perceived as continuation of what was
previously described by Israeli media as the "decade-long abuse" of Mr Rotem the Tax Authority whistle-blower - by the Israeli courts. [i,ii,iii]
Furthermore, the 19 count indictment in this case is mostly derived from
allegations of violations of the penal code of the State of Israel, relative to: a)
Insulting a public service person, b) Harassment through wire communications.
However, it should be noted that Mr Rotem's alleged conduct, from which the
indictment originates, was in part related to his efforts to gain Equal Protection
under the Law. Such protection has been consistently denied for over 12 years,
under patronage of the courts. Other parts of the alleged conduct took place during
a series of incidents, described by media as retaliatory false arrests by the Tel Aviv
Police. [iv,v] During such incidents Mr Rotem was often kept hand and leg cuffed
for hours, humiliated, and/or beaten. To the best of my knowledge, to this date,
none of the Israel Police personnel, involved in such indictments, has been held
accountable.
Therefore, under such circumstances, the indictment and/or criminal prosecution
of Mr Rotem by the Tel Aviv Police, the same agency which has engaged in his
abuse and intimidation, should be deemed in material contradiction with the
fundamental principles of Justice and Fair Trial. Overall, the conduct of the case
in reference in the Tel Aviv Magistrate Court should be deemed serious violations
of the Human Rights of Defendant Rafi Rotem.
The other aspect of the Rafi Rotem affair is the refusal of law enforcement
agencies to investigate his whistle-blowing allegations of corruption of senior
officers in the Tax Authority. Major part of such allegations is related to the
closing or disappearance of tax investigation files of enormous sums, relative to
the income and assets of the average citizen in Israel. The aborted investigations
were related to tycoons, organized crime figures, and persons and corporations
related to the ruling party.
Combined, the aborted tax investigations, the refusal to investigate the allegations
of corruption in the Tax Authority, and the persecution of Mr Rotem for over a
decade, all appear to serve the interests of the same parties. Under such
circumstances, it is not surprising that Rafi Rotem is often perceived as the posterchild of government corruption in the State of Israel in general, and the central
role of the justice system in such corruption in particular.
It should also be noted:
1. The records in the case in reference also provide additional evidence for the
fraud inherent in the implementation and operation of Net HaMishpat - the case
management and public access system of the district and magistrate courts in
the State of Israel. The UN Human Rights Council Periodic Review report on
Human Rights in the State of Israel (2013) noted "lack of integrity" in the
system. [vi,vii,viii,ix] However, the case in reference provides direct evidence for
the employment of Net HaMishpat as a tool for deprivation of Human Rights.
2. Both Presiding Judge Hadassi Herman and "Chief Clerk" Rahamim Asher of
the Tel Aviv Magistrate Court have so far failed to respond on a request for

2/6

presenting the appointment record of Mr Asher as "Chief Clerk". [ x] There is a

reasonable foundation to suspect that Mr Asher is only an impostor, who
appears as "Chief Clerk" with no lawful appointment. The Human Rights Alert
(NGO) submission, which was incorporated into the UN Human Rights
Council Periodic Review report on Human Rights in the State of Israel (2013),
noted similar conditions in the Supreme Court and the district courts in Israel.
[xi] With it, it should be noted that the Israeli courts themselves ruled that a
court with no lawful office of the clerk is an incompetent court. The case in
reference provides evidence for the outcome of such circumstances in the
deprivation of Human Rights.
A 2013 media interview with former Israeli Attorney General Menachem Mazuz
describes the Tax Authority scandal as the closest to organized crime in
government. [xii] And already a 2009 report by the US Ambassador to Israel James
Cunningham describes the effective merger of organized crime and government
agencies in Israel. [xiii] However, both did not consider the courts part of such
phenomenon. In contrast, there is good reason for concern that the case in
reference would be deemed direct evidence for the central role of the courts and
the justice and law enforcement systems in Israel in the evolution of what is
referred to in criminology as "state organized crime".
Truly,

Joseph Zernik, PhD

Human Rights Alert (NGO)
OccupyTLV
CC: Activists, media, Knesset, legal professionals
____
* The Human Rights Alert (NGO) submission to the Human Rights Council of the
United Nations was incorporated into the 2010 Periodic Review Report regarding
Human Rights in the United States, with the note: "corruption of the courts and the
legal profession and discrimination by law enforcement in California".
* The Human Rights Alert (NGO) submission to the Human Rights Council of the
United Nations was incorporated into the 2013 Periodic Review Report regarding
Human Rights in Israel, with the note: "lack of integrity of the electronic records
of the Supreme Court, the district courts and the detainees courts in Israel."
LINKS:
Below

=======
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5/6

2013-10-04 Calman Liebeskind: No justices in Jerusalem, for over a decade the courts have been abusing justice
advocate_Maariv
_, :
http://www.scribd.com/doc/218831926/
i

ii 2007-04-00 Saving our honor as society_Maariv (full English translation)

_ :
http://www.scribd.com/doc/218845727/

iii

2013-06-23 Israel's anti-corruption whistle-blower needs justice_Haaretz (English only)

http://www.scribd.com/doc/221751887/
2013-06-23 Former MK, Prof Aryeh Eldad: Anti-corruption fighter has become homeless_Haaretz
_: ,"
http://www.scribd.com/doc/224697404/
iv

v 2013-05-31 Calman Liebskind: Repeat false detentions of Rafi Rotem_Maariv (full English translation)
_:
http://www.scribd.com/doc/218826818/
(2013) ) ( "
http://www.scribd.com/doc/114254105/
https://drive.google.com/file/d/0B8Aa2xQGbmk5NXdwa29SOUViOXc/edit?usp=sharing

vi

vii

2013-01-01 The Human Rights Alert (NGO) submission (2013) for the Universal Periodic Review of israel
by the UN Human Rights Council, as it appears on the UN web site
) ( "( "
2013)

http://lib.ohchr.org/HRBodies/UPR/Documents/Session15/IL/HRA_UPR_ISR_S15_2012_HumanRightsAlert_
E.pdf
viii

2013-01-01 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 courts and the
detainees courts in Israel" (page 4, paragraph 25)
( " 2013) "
25 ,4 ' " ), ,) :

http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G12/180/12/PDF/G1218012.pdf?OpenElement
ix

2012-05-10 Human Right Alert, Appendix I to Submission; 15th UPR - State of Israel - "Integrity, or lack thereof, of the
electronic record systems of the courts of the State of Israel"
https://drive.google.com/file/d/0B8Aa2xQGbmk5cjNxd2szX05oMkU/edit?usp=sharing
x

2014-06-15 Request, filed with Tel Aviv Magistrate Court Presiding Judge and "Chief Clerk" for Appointment Record of
"Chief Clerk" Rahamim Asher
" " " " "
http://www.scribd.com/doc/230058216/
xi

2012-05-10 Human Right Alert: Appendix I to Submission; 15th UPR - State of Israel - "Integrity, or lack thereof, of the
electronic record systems of the courts of the State of Israel"
https://drive.google.com/file/d/0B8Aa2xQGbmk5cjNxd2szX05oMkU/edit?usp=sharing
xii 2013-06-07 Interview with former Attorney General Menachem Mazuz _Haaretz
_
http://www.scribd.com/doc/218808147/
xiii

2009-05-15 Viewing cable 09TELAVIV1098, ISRAEL: A PROMISED LAND FOR ORGANIZED CRIME?_Wikileaks
?_: ,09TELAVIV1098

http://wikileaks.org/cable/2009/05/09TELAVIV1098.html

Human Rights Alert (NGO)

Joseph Zernik, PhD
PO Box 33407, Tel Aviv, Israel
123456xyz@gmail.com

(NGO)
'
6133301 ",33407 "

2014-07-17 State of Israel v Rafi Rotem (1074-02-13) in the Tel Aviv

Magistrate Court - inspection in local party access and clerk
terminals //
- ",( 1074-02-13)

The findings raise concern of perverted court proceedings in a criminal
prosecution, and continued abuse of Rafi Rotem - the Tax Authority whistleblower by the Israeli courts.
The main findings:
1) No attorney ever filed a Power of Attorney certificate.
2) Attorneys from the Public Defender's office appeared as Counsel for Defendant, in
disregard of the Criminal Court Procedures Act of the State of Israel, pertaining to the
appointment of public defender and his replacement by the Court.
3) One such counsel, Attorney Sadeh, provided preliminary agreement, without the
Defendant's knowledge, to conduct trial with no appearance of witnesses for the
prosecution.
4) Five (5) records of minutes and decisions by Judge Predalsky are listed as
entered, but none is listed as served on the parties by the Court.
5) Two hearings are listed under "Arraignment", but in neither was the pleading of the
Defendant "Guilty", or "Not guilty", recorded. With it, in a later hearing, Judge
Predalsky states, "If the Defendant continues his denial of the charges we have to set
up a trial date".
6) Almost a year and a half after the filing of the Indictment, the Defendant and his
counsel (if there is any) were not given full access to the evidence, held by the
Prosecution.
7) The electronic court file includes hyperlinks to seven (7) external investigation files
of the Tel Aviv police, which are inaccessible to the Defendant, in disregard of the
Criminal Court Procedures Act, which prohibits the filing in court of evidence, unless
the Defendant or his counsel were given reasonable opportunity to inspect it.
The conduct of a criminal prosecution under such circumstances is likely to be
viewed as serious violation of Human Rights. It also represents continuation of what
Israeli print media described as "A decade long persecution of Rafi Rotem by the
courts".
The records in State of Israel v Rafi Rotem (1074-02-13) also provide evidence for:
1) The use of Net HaMishpat - the case management system of the Court - as a tool
for perverting due process.
2) The inherent incompetence of Israeli courts, which over the past decade operate
with no lawfully appointed Chief Clerks.
LINKS:
Below
-
.
:
.( 1

1/11

Digitally
signed by
Joseph Zernik,
PhD
Date:
2014.07.25
14:28:28
+03'00'

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Calman Liebeskind: For a decade the courts have been abusing Rafi Rotem - No justices in
Jerusalem_Maariv
http://www.scribd.com/doc/218831926/
] 2007-10-02 [2 : - _
Moshe Lichtman: The Rafi Rotem file - the witnesses, who never took the stand_ Globes (full
(English translation
http://www.scribd.com/doc/220938014/
] 2007-04-00 [3 : _
)Amnon Dankner: Saving our honor as a society_Maariv (full English translation
http://www.scribd.com/doc/218845727/
] 2013-01-01 [4 ) ( "
)(2013
http://www.scribd.com/doc/114254105/
] 2013-01-01[5 ) ( "(
" )(2013
The Human Rights Alert (NGO) submission (2013) for the Universal Periodic Review of israel
by the UN Human Rights Council, as it appears on the UN web site
http://lib.ohchr.org/HRBodies/UPR/Documents/Session15/IL/HRA_UPR_ISR_S15_2012_Hu
manRightsAlert_E.pdf
] 2013-01-01 [6 " ) (2013
" , ,
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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 courts and the detainees courts in Israel" (page 4, paragraph 25
?http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G12/180/12/PDF/G1218012.pdf
OpenElement
] 2013-01-01 [7 ' 1" ) (NGO
" " - ,
".
Human Right Alert, Appendix I to Submission; 15th UPR - State of Israel - "Integrity, or lack
"thereof, of the electronic record systems of the courts of the State of Israel

2/11

https://drive.google.com/file/d/0B8Aa2xQGbmk5cjNxd2szX05oMkU/edit?usp=sharing
" " " , 2014-06-15 [8]
" "
Request, filed with Tel Aviv Magistrate Court Presiding Judge and Chief Clerk for Appointment
Record of Chief Clerk Rahamim Asher
http://www.scribd.com/doc/230058216/

Note:
Pages 1-55 were obtained on July 17, 2014 from the party access terminal in
the Magistrate Court, pursuant to authorization by Defendant Rafi Rotem.
Page 45 is a screen photograph, since the information could not be printed
out for unclear reasons.
Pages 56-57 were obtained from the office of the clerk terminal, since the
data was not available in the party access terminal.
, ,2014 , 17- 1-55
.
. , 45
, 56-57
.
#

Record

Page #

1.

4/57
Counsel

2.

6/57
Witnesses and Experts

3.

8/57
Deadlines for Parties

4.

9/57
Hearings

5.

10/57
Pleadings

6.

11/57
Indictment

7.

24/57
Requests and Instructions

8.

25/57
Requests for Temporary Remedies

9.

26/57
Post Judgment Requests

10.

27/57
Decisions

11.

2013 13 - 1 28/57
May 13, 2013 Minutes and Decision

12.

2013 1 - 2 29/57
October 1, 2013 Minutes and Decision

13.

2014 12 - 3 31/57
February 12, 2014 Minutes and Decision

14.

2014 26 - 4 33/57
May 26, 2014 Minutes and Decision

15.

2014 14 - 5 35/57
July 14, 2014 Minutes and Decision

16.

37/57
Judgments

3/11

17.

Minutes of Hearings

18.

Exhibits

19.

40/57
Related Court Files

20.

Accounts

21.

Bails and Bonds

22.

Summaries

23.

Notices by the Office of the Clerk

24.

( ) 45/57
Service of Records (printed from the Party Access terminal)

25.

46/57
Certificates of Counsel of Record

26.

47/57
Incoming Records

27.

48/57
Paper File

28.

( ) 56/57
Service of Records (printed from the Office of the Clerk terminal)

Notes
1) Counsel
Attorney Tammar Bar-Zohar is listed as Counsel for the State of Israel
Attorney Neil Simon is listed as Counsel for the Defendant Rafi Rotem.
It should be noted that no Counsel filed Certificate of Counsel of Record. (p 46)
The following appeared as Counsel for Defendant:
October 1, 2013 - Attorney Neil Simon (p 29)
Feb 12, 2014 - Attorney Neil Simon (p 31)
May 26, 2014 - Attorney Sadeh (p 33)
July 14, 2014 - Attorney Skah (p 35)
The Criminal Court Procedures Act provides clear instructions, relative to representation of
Defendant by the Public Defender's office (Articles 13-15). It appears that the provisions of
the law were ignored in this case. Additionally, the Defendant says that he asked the Court to
appear in pro se, but forced to accept Public Defender's representation. There is no mention
of such matter in the minutes.
Moreover, Attorney Neil Simon no longer represents the Defendant since early July 2014,
following fundamental disagreements. There is no record that he was relieved from
representation, or that another attorney was appointed to replace him.
With it, the July 14, 2014 says: "Given the changes in representation there is no way to avoid
delaying the filing of response on the indictment".
At present it is unclear from the court file, who, if any, represents the Defendant, since he
says that he did not sign authorization for any Counsel.
The Criminal Court Procedures Act (Articles 16-18) provides clear instructinos relative to
changes in Defendant's counsel. It appears that the provisions of the law were ignored by the
court in this case.
2) Witnesses and Experts
Ten witnesses are listed as State witnesses.
In contrast, the Indictment (p 22) lists 37 witnesses, but witnesses 28-37 are protocols of
investigations or disks, and not persons.
3) Deadlines for Parties
The Judge's instructions relative to deadline for transfer of the evidence to the Defendant's
Counsel are not listed. (p 36)

4/11

4) Hearings
Five (5) hearings are listed that took place:
a. May 13, 2013 - Arraignment
b. October 1, 2013 - Hearing
c. February 12, 2014 - Arraignment
d. May 26, 2014 - Hearing
e. July 14, 2014 - Hearing
Appearance of the Defendant is listed in the last four hearings.
Although two hearings are listed as "Arraignment", the respective minutes fail to record the
reading of the Indictment, or pleading of the Defendant "Guilty", or "Not Guilty". Article 143 of
the Criminal Court Procedures Act requires that the Defendant's pleading be listed in the
minutes.
5) Pleadings
Except for the Indictment, no pleading was filed by either party to this date, over a year after
the opening of the court file.
6) Indictment
Notices to the Court (p 22) states: "There is the possibility that the prosecution would request
a prison sentence for the Defendant".
In Notices to the Defendant (p 22-23) there is no mention of it.
The Criminal Court Procedures Act, Articles 15a (a)(1) and (2) require that the Court notice
the Defendant and the Public Defender in such case.
There is no record of such Notice by the Court to the Defendant and the Public Defender. It
appears that the Court ignored the provisions of the law.
7) Requests and Instructions
No requests were filed to this date.
In particular it should be noted that no Preliminary Request was filed, pursuant to Articles 74
or 75 of the Act, relative to inspection of all evidence of the prosecution.
With it, it should be noted that the court file includes hyperlinks to the Israel Police
investigation files (Related Files, p 40). Therefore, it appears that the Judge in this case was
already exposed to the evidence, although the Defendant and his Counsel have never had
the chance to inspect the same materials, over a year since the opening of this court file.
Conduct of the Court appears to violate Article 77 of the Act, which prohibits the filing in court
of the Prosecution evidence, if the Defence had no reasonable opportunity to inspect it.
It appears that the Defendant holds that the prosecution violates the basic principles of justice
and fairness. With it, it appears that the Defendant's Counsel, if there is one, has never
suggested to the Defendant to file a Preliminary Request, pursuant tot Article 149 (10) of the
Act.
8) Requests for Temporary Remedies
No requests have been filed.
9) Post Judgment Requests
No requests have been filed.
10) Decisions
Five (5) Decisions, one from each hearing, are listed.
11) Hearing of May 13, 2013
Present:
"Defendant is not present"
"Decision: The Prosecution shall summon the Defendant using the Location Unit".
12) Hearing of October 1, 2013
Present:
"Defendant's Counsel - Attorney Simon"
"Defendant himself"
The Defendant and his Counsel apparently received the Indictment for the first time during
this hearing. Apparently the Indictment was never served and delivered prior to this hearing.
"Decision: Postponed for arraignment on February 12, 2014."

5/11

13) Hearing of February 12, 2014

Present:
"Defendant's Counsel - Attorney Simon"
"Defendant himself"
"Decision: Postponed for arraignment on May 26, 2014."
14) Hearing of May 26, 2014
Present:
"Defendant's Counsel - Attorney Simon"
"Defendant himself"
Counsel for Defendant: "The Defendant pleads not guilty, there is no alibi claim, and
no minor claims." "We have no objection for the conduct of proceedings pursuant to
Article 144 of the Act, after the Defendant reviews the evidence."
Counsel for the Prosecution: "I agree."
Decision:"The parties should prepare for proceedings that shall be conducted
pursuant to Article 144 of the Act".
Article 144 of the Act refers to agreement of the parties to admission of evidence without the
calling of witnesses.
The Defendant does not recall the exchange, pertaining to Article 144, taking place in the
Court. Moreover, he had never discussed such agreement with his Counsel (if there was
one), and never provided his agreement to such proceedings.
15) Hearing of July 14, 2014
Present:
"Defendant's Counsel - Attorney Skah"
"Defendant himself"
Decision: "Given the change in representation, there is no way to avoid delaying the
pleading on the Indictment... if the Defendant continues to deny the indictment, a plan
for the trial should be set forth... It is clarified that in case the Defendant's Counsel
does not receive the list of evidnce material within 30 days, he shall file the
appropriate request with the Court."
It remains unclear, wether the Defendant understands the significance of the accuracy of the
minutes of the proceedings, and his responsibilities to demand corrections, in case the
minutes are inaccurate. (Articles 134, 137, 139 of the Act)
It remains unclear that the Defendant's Counsel (if there is any) has ever discussed with the
Defendant the optionof filing Preliminary Requests, pursuant to Articles 95 and 149(10) of the
Act.
16) Judgments
"No details found"
17) Minutes of Hearings
The above listed five hearings minutes are listed, all as part of the "Main Proceeding".
18) Exhibits
"No details found"
19) Related Files
Seven (7) investigation files of the Israel Police are listed, with hyperlinks to the files
themselves.
None of the hyperlinks is accessible from either the Party Access Terminal in the Court, or the
Office of the Clerk terminal. However, there is reason to suspect that the same hyperlinks are
accessible from the Judge's terminal.
If so, such condition should be deemed in violation of Article 77 of the Act, which prohibits the
filing of evidence by the Prosecution, unless reasonable opportunity was provided to the
Defendant or his Counsel to inspect the evidence first.
20) Account Status
"No details found"
21) Bails and Bonds
"No details found"
22) Summaries

6/11

"No details found"

23) Notices by the Office of the Clerk
"No details found"
24) Service of Records (from Party Access terminal)
"No details found"
25) Certificates of Counsel of Record
"No details found"
See notes above.
26) Incoming Records
"Indictment - February 3, 2013"
The Indictment was apparently filed in court by fax, and its receipt was listed here.
27) Paper Court File
Ten (10) records are listed in the paper court file, including: Indictment and five (5) minutes of
hearings. The additional four records are:
a. February 3, 2013 - Certificate of File Opening
b. February 11, 2013 - Summons to the Defendant
c. February 11, 2013 - Notice to Appear, Extending Hearing Date
d. May 21, 2013 - Notice to Appear, Extending Hearing Date
28) Service of Records (from the Office of the Clerk terminal)
Total of three (3) service of records by the Court are listed to this date:
a. February 11, 2013 - Summons to the Defendant Rafi Rotem
b. February 11, 2013 - Notice to Appear, Extending Hearing Date to Counsel for the
Prosecution.
c. May 21, 2013 - Notice to Appear, Extending Hearing Date to Defendant Rafi Rotem
Evidently, none of the minutes of hearing and the respective decisions were ever served on
the parties.
===========

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