Who was attorney for Bituach Leumi in Moshe Silman
et al v Bituach Leumi et al in the Tel-Aviv-Jaffa District Court?

Team A won decisively - three games in a row. The identities of the players
on team A are yet to be discovered.


Moshe Silman

View as PDF:

Jerusalem and Los Angeles, July 24 -
Joseph Zernik, PhD, of Human Rights Alert (NGO), has filed a request with
Attorney Yehezkel Reinhertz, of Frish Shperber Reinhertz & Co, Law Office,
to disclose, whether the office was Attorney of Record for Bituach Leumi in
Silman et al v Bituach Leumi et al. [1]

In the opening
lines of his last letter, Moshe Silman levels harsh charges against the
Tel-Aviv-Jaffa District Court. [2]

As noted in the request, filed
today with Attorney Reinehertz, in the District Court, there are three Index
Numbers associated with the Caption "Silman et al v Bituach Leumi et al." -
1752/08, 13491/2008, and 6909-01-10. In all three, Bituach Leumi prevailed.
However, court records do not provide information that would make it possible to
identify, who Attorney of Record for Bituach Leumi was in these cases.
Following suggestion by Attorney for the late Moshe Silman, today's request has
been addressed to Attorney Yehezkel Reinhertz.

One of the early strong
objections of the Israeli Bar Association to the new electronic record systems,
which were implemented in the District Courts of the State of Israel over the
past decade, originated in the unilateral decision of the Administration of
Courts to delete the names of the Attorneys of Record of the parties from the
new system. [3]

"In my experience, even a meeting of a student
association, convened to decide on the annual beer budget, would not be deemed
valid, if the names of the Officers of the association, present in the
proceeding, were not listed in the minutes," says Dr Zernik.

The only
Protocol, so far discovered under any of the three Index Numbers, is not an
original court record, but a copy of an exhibit, which was filed by an attorney
in another court. In that Protocol, the Attorney of Record for Bituach Leumi is
identified only as "Bracha" (a common female Hebrew first name, at times also a
family name).

Falsification of a protocol of the Tel Aviv District Court
by Deputy Presiding Judge Vardah AlSheikh, who handles some of heaviest
corporate and banking regulation cases in Israel, is still a pending matter.
[4]

In effort to coherently understand the events in the cases,
related to the late Moshe Silman, in the Tel-Aviv-Jaffa District Court, Dr
Zernik filed on July 22 Requests to Inspect and to Copy under two of the related
Index Numbers - 1752/08 and 6909-01-10. Pursuant to the Regulations of the
Courts - Inspection of Court Files (2003), issued by then Minster of Justice
Meir Shitrit, and also pursuant to a related decision by former Presiding
Justice of the Supreme Court Dorit Beinisch, the Requests are now pending before
Magistrate Judge Hagai Brenner, who presided in both cases. [5]


However, the office of the Clerk of the District Court refused to accept
for filing the Request to Inspect and to Copy under Index Number 13491/2008.
[6]

"The refusal to accept for filing the Request to Inspect and
to Copy under Moshe Silman et al v Bituach Leumi et al (13491/2008),
amounts to admission that some of the records in this case were originally filed
under a non-existent Index Number. Not that it was opened and closed, not that
it was opened and then merged with another file, and not that it was lawfully
sealed - it simply never existed," says Dr Zernik.

The deletion of the
names of Attorneys of Record, the falsification of protocols, and false index
numbers are only the tip of the iceberg of the fraud inherent in the design and
operation of the new electronic record systems of the District Courts of the
State of Israel, according to Dr Zernik. [7]

"The case of Moshe
Silman shows how a Person is required to protect his rights in the courts of the
State of Israel today against the State of Israel, which took his property and
source of livelihood," Dr Zernik claims that the conduct of the Israeli courts,
relative to the management of the electronic Public Records, amount to serious
violation of the Human Right "to a fair and public hearing" of all the People of
the State of Israel. [8]

LINKS:
[1] 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://www.scribd.com/doc/100891747/
[2] 12-07-14
Moshe Silman sets himself on fire in a Tel Aviv social protest, leaves a
letter
http://www.scribd.com/doc/100289353/
[3] 09-09-30 Net Ha-Mishpat Eliminates Counsel Names From the Records_
Globes
http://www.scribd.com/doc/50622712/

08-10-30 Israeli Bar Asks to Stop Implementation of Net Ha-Mishpat "the
situation is a catastrophe" _Globes
http://www.scribd.com/doc/50623267/

[4] 12-04-10 The Judge Alsheikh Affair – “Reconstructed
Transcript” in the Tel-Aviv District Court _ Globe
http://www.scribd.com/doc/90686541/
[5] 12-07-22 PRESS RELEASE: Moshe Silman,
Self-immolated Israeli Social Protest Activist, And the Justice System of the
State of Israel (English)
http://www.scribd.com/doc/100800832/
[6]
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 court records (Heb + Eng)
http://www.scribd.com/doc/100791012/
[7]
12-07-20 Zernik, J: "Integrity, of lack thereof, of the electronic record
systems of the courts of the State of Israel", Data Analytics - in press
http://www.scribd.com/doc/100628792/
[8] 12-06-04
Human Right Alert's Appendix to Submission; 15th UPR Working Group Session
(Jan-Feb 2013) - State of Israel: Integrity, or lack thereof, of the electronic
record systems of the courts of the State of Israel
http://www.scribd.com/doc/82927700/
_________
Joseph
Zernik, PhD
Human Rights Alert
(NGO)

* The 2010 submission of Human Rights Alert to
the Human Rights Council (HRC) of the United Nations, regarding the United
States, was reviewed by the HRC professional staff and incorporated in the
official HRC Professional Staff Report with a note referring to “corruption of
the courts and the legal profession and discrimination by law enforcement in
California.”
* The 2012 submission of Human Rights Alert to the HRC regarding
the State of Israel, titled "Integrity or lack thereof, of the electronic
record systems of the courts of the State of Israel," is scheduled for review in
early 2013.

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_____________________________

Take away
justice, then, and what are governments but great bandit
bands?
Saint Augustine, Civitas Dei
(City of God,4.4)
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