Human Rights Alert, NGO

Joseph Zernik, PhD

3144PO Box 31440, Jerusalem 91313

"
91313 ,31440 "

123456xyz@gmail.com;

13-05-03 Zernik v Minister of Justice et al (2689/13) - Request to add

a document - Judge Esperanza Alon - master of the "mystical
secrets of court procedure", or "obstructionist with
impunity"?
The case of Judge Esperanza Alon, Haifa Magistrate Court,
provides unique example of the issues raised in the Petition for
Conditional Decree undermining of integrity of the Israeli courts
through the implementation of fraudulent case management
systems in the courts (including Net HaMishpat) and undermining
the authority of the chief clerks over the past decade.
#

Caption and No

Page

1.

13-05-03 Zernik v Minister of Justice et al (2689/13) - Request 2

to add a document - Judge Esperanza Alon - master of the
"mystical secrets of court procedure", or "obstructionist with
impunity"? [English translation]

2.

13-05-03 Zernik v Minister of Justice et al (2689/13) - Request 9

to add a document - Judge Esperanza Alon - master of the
"mystical secrets of court procedure", or "obstructionist with
impunity"?[Hebrew original]

LINKS:
[1] 13-04-15 Dr Zernik v Justice Minister Livni and Director of Administration of the Courts
Spitzer (2689/13) Petition in the High Court of Justice of the State of Israel (Hebrew with
English translation)
http://www.scribd.com/doc/136215148/

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IN THE SUPREME COURT OF THE STATE OF ISRAEL SITTING AS HIGH COURT OF

JUSTICE
HCJ 2689/13
Dr Joseph Zernik Petitioner
v
Minister of Justice Tzipi Livni Respondent
Director of the Administration of Courts Michael Spitzer Respondent

Request to Add Document additional evidence of corruption in the

Haifa Magistrate Court, and Net HaMishpat as the enabling tool for that
purpose in re: Convervatee RSZ (1829-06-10 and 25607-03-13 )

The Petitioner, Dr Joseph Zernik, files herein additional evidence from the files
of Conservatee RSZ (1829-06-10 and 25607-03-13), regarding corruption in
the Haifa Magistrate Court and Net HaMishpat as a tool for that purpose.
A. Evidence of Obstruction of Justice in the Haifa Magistrate Court
1. On May 22, 2013, paper titled Declaration of the Conservatee's Son: Judge
Esperanza Alon, master of mystical secrets of court procedures, or
obstructionist with impunity?, was accepted for filing in the Haifa
Magistrate Court under file number 1829-06-10.
Appendix A is a copy of the May 22, 2013, paper titled Declaration
of the Conservatee's Son: Judge Esperanza Alon, master of mystical
secrets of court procedures, or obstructionist with impunity?, was
accepted for filing in the Haifa Magistrate Court under file number
1829-06-10. [1]
2. The Declaration says under paragraph 2:
2. The evidence provided below points at the issuance of simulated court
decisions and simulated service of court decisions as part of the conduct
of simulated court proceedings by Judge Esperanza Alon in the Haifa
Magistrate Court, files no 1829-06-10 and 25607-03-13. In civilized
society such conduct should be deemed criminality. Moreover, such
conduct is typically associated with organized white collar crime by
judges and attorneys.
3. The Declaration says under paragraphs 5-17:
A. Judge Alon has failed so far to provide an explanation for the two
contradictory March 17, 2013 decisions, issued and served in her
name under court file 25607-03-13 [2]
1 View English translation of the paper in Appendix A:
13-05-22 In re: RSZ (1829-06-10 and 25607-03-13) in the Haifa Magistrate Court
Declaration of Joseph Zernik: Judge Esperanza Alon - mater of the "mystical secrets of court
procedure", or "obstructionist with impunity"?
http://www.scribd.com/doc/147192877/
2 13-03-17 In RE: RSZ (25607-03-13) in the Haifa Magistrate Court - Three (3) falsified
decision records / simulated service of process, received by certified mail from the Clerk of
the Court and from Attorney Amos Zadika

http://www.scribd.com/doc/132872623/

2/8

5. Two different and contradictory decisions, both dated March 17,

2013, were issued and served in the name of Judge Esperanza Alon
under court file 25607-03-13:
a. Standard Decision - which in part says: The Requester shall serve
the Request on the Responder and on Joseph Zernik for response within
60 days from the date of service. Such record was purportedly served
on me by the Conservator's Counsel and by the Office of the Clerk.
b. Nonsensical Decision - which in part says: The Requester shall
serve the Request on the Responder and on Joseph Zernik for response
within 45 days. Absent agreement, the Request shall be reviewed jointly
with Requests that were scheduled under court file 1829-06-10 on April
4, 2013, at 12:00 noon. Such record was purportedly served on me by
the Conservator's Counsel but NOT by the Office of the Clerk.
6. Such matter, which involved obstruction of court procedures was
detailed in the April 2, 2013 Notice and Declaration by Joseph Zernik
in re: Due Process and Court Procedures in this Court.
7. To this date, no response on this matter was provided by Judge
Esperanza Alon.
B. Chief Clerk Israel Hen continues to refuse to certify either of
the two decisionsTrue copy of the original - therefore authenticity
of both remains dubious at best.
8. On March 24, 2013, and again on April 21, 2013, I sent notices to
Chief Clerk Israel Hen informed him of the matter regarding the
contradictory decision records, referenced above, and asked that he
certify with his hand signature, pursuant to the Regulations of the Court
(Office of the Clerk) -2004, Regulation 6a, one or more of the records
True copy of the original', as he deems fit, pursuant to his duties and
obligations as Chief Clerk. [3]
9. To this date, I have not received any response from Chief Clerk
Israel Hen on my request for certification of such court decisions True
copy of the original.
10. Therefore, both records should be deemed as court records, whose
authenticity is dubious at best.
C. An explanation on behalf of Chief Clerk Israel Hen for the
two different and contradictory March 17, 2013 decisions claimed
that the Nonsensical Decision was issued first, and the Standard
Decision was issued second, as correction of the Nonsensical
Decision.
3 13-03-24 RE: RSZ (25607-03-13 ) in the Magistrate Court, Haifa - Letter No 4 to Chief
Clerk Israel Hen, in RE - conflicting, unreasonable court orders dated March 17, 2013 by
Judge Esperanza Alon

http://www.scribd.com/doc/132063472/
13-04-21 In re: RSZ (1829-06-10 and 25607-03-13) in the Magistrate Court, Haifa - Letter No
5 to Chief Clerk Israel Hen, in RE inspection of court file, certification of court records,
appointment record of the Chief Clerk

http://www.scribd.com/doc/137166555/

3/8

11. A letter regarding this matter was dated April 21, 2017, was sent by
Area Administrator Shulamit Gonen. [4]
12. The letter by Ms Shulamit Gonen is void on its face for lack of
authority, as detailed in my May 19, 2013 letter to Chief Clerk Israel
Hen. [5]
13. With it, the April 21, 2017 letter by Ms Shulamit Gonen addresses
the matter of the two contradictory March 17, 2013 decisions, claiming,
this decision was struck by the Honorable Judge Esperanza Alon and
was corrected, and therefore that decision was not supposed to be mailed
by the Office of the Clerk and was not mailed to the parties by the
Office of the Clerk.
14. Such statement does not explicitly say which decision was struck
and which decision was corrected. However, one may conclude that
Ms Gonen meant that the Nonsensical Decision is the one that was the
first between the two, (and the one that was struck) - since the
Standard Decision is the only one received by me after being mailed
by the Court, as purported service.
D. Email notices by the Conservator's Counsel, Attorney Amos
Zadika present the Standard Decision as the one that was issued
first, and the Nonsensical Decision as the one that was issued
second, as correction of the Standard Decision.
15. Email notices by the Conservators Counsel, Attorney Amos Zadika,
regarding the two records, contradict the claims by Ms Gonen:
a. On March 18, 2013, at 11:45 am, Attorney Zadika forwarded to me
by email Judge Alon's Standard Decision (which was printed off Net
HaMishptat on March 17, 2013, and was scanned on March 18, 2013, at
8:52am).
Appendix A is a copy of the first email message, which I received
from Attorney Zadika on March 18, 2013, and the purported decision
record that was attached to it.
b. On March 18, 2013, at 15:16pm, Attorney Zadika forwarded to me
by email Judge Alon's Nonsensical Decision (scanned at 11:55am).
Moreover, in the accompanying email notice, Attorney Zadika explicitly
states: Following the previous decision, forwarded to you this morning
by email, I am forwarding to you a corrected decision of the Honorable
Court. Pursuant to the corrected decision, response time was shortened
to 45 days, and the Request [for adding Dror Zernik as conservator jz]
was scheduled for April 4, 2013.
4 13-04-21 In re: RSZ (1829-06-10 and 25607-03-13) in the Magistrate Court, Haifa Response letter on behalf of "Chief Clerk" Israel Hen

http://www.scribd.com/doc/142296449/
5 13-05-19 In re: RSZ (1829-06-10 and 25607-03-13 ) in the Magistrate Court, Haifa - Letter
No 6 to Chief Clerk Israel Hen, in RE certification of court records, appointment record of
the Chief Clerk

http://www.scribd.com/doc/142316802/

4/8

 Appendix B is a copy of the second email message, which I received

from Attorney Zadika on March 18, 2013, and the purported decision
record that was attached to it.
16. Based on Attorney Zadika's correspondence, the Standard
Decision was the first between the two contradictory decisions, and the
Nonsensical Decision was the second, Corrected Decision by Judge
Alon.
17. Therefore, there is reasonable basis for suspicion of fraud,
relative to the issuance of these two contradictory decisions.
Moreover, there is reasonable basis for suspicion that Judge Alon
engaged, directly or indirectly, in ex parte communications, and that
denial of my access to the records in court file 25607-03-13 is
meant, at least in part, to prevent me from discovering indisputable
evidence of such fraud.
4. The Declaration also says under paragraphs 28-30:
J. Judge Esperanza Alon master of the mystical secrets of Court
Procedures, or obstructionist with impunity?
28. In her May 6, 2013 Decision in instant court file (1829-06-10 ),
Judge Alon probably refers to her own conduct in saying, a person who
is not a legal scholar would find it difficult to represent himself and
master the mystical secrets of court procedures.
29. A reasonable person, even if not a legal scholar, who would
inspect Judge Alon's conduct in these court files (1829-06-10 and
25607-03-13) would most likely conclude that Judge Esperanza Alon is
no master of the mystical secrets of court procedures at all, and that
the adequate description of her conduct can be found in the words of the
late social protest activist Moshe Silman in his last letter, pertaining to
conduct of Judge Hagai Brenner and the Tel Aviv District Court
obstructionist with impunity.
K. Conduct of Judge Esperanza Alon and the Haifa Magistrate
Court reflect the corruption of the Israeli courts over the past
decade.
30. The significance of the findings, detailed above, exceeds the matter
of the two files at hand (1829-06-10 and 25607-03-13) - they provide
documentation of unprecedented corruption of the Israeli courts over the
past decade. The Human Rights Alert (NGO) submission to the UN
Human Rights Council ties this corruption to:
a. The implementation of the case management systems of the latest
generation in the Israeli courts over the past decade (including Net
HaMishpat) such systems are inherently fraudulent.
b. Fraudulent implementation in the courts of the Electronic Signature
Act (2001) invisible electronic signatures are essentially The
Emperor's New Clothes
c. Undermining the authority of the chief clerks of the courts, who today
occupy their offices with no appointment records essentially simulated
chief clerk occupy the offices of the clerks of the courts of Israel today.

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As a result of such process, judges in Israel today have direct access to

fabricate, reconstruct, fabricate, and falsify court records.
B. Denial of access to court records is integral to such conduct
5. In court files of Conservatee RSZ, Judge Esperanza Alon purportedly
summoned the Petitioner in instant Petition to hearings in the Haifa
Magistrate Court. With it, to this date, Judge Esperanza Alon denies the
Petitioner's access to fundamental data in the respective court files names
of parties, counsel, calendar, dockets.
Appendix B is a copy of the Repeat Request to Inspect and to Copy
Court File 1829-06-10, which was filed on May 22, 2013. [6]
6. The Repeat Request to Inspect and to Copy Court File 1829-06-10,
paragraphs 7-8, says:
7. On April 29, 2013, I filed another Request to Inspect in instant court file,
including: General Details, Judicial Panel, Parties, Related Files, Calendar,
Docket.
8. Regarding my April 29, 2013 Request to Inspect in instant court file, no
decision was received by me to this date.
7. On May 22, 2013, also Repeat Request to Inspect court file 25607-03-13
was filed.
Appendix C is a copy of the Repeat Request to Inspect and to Copy
Court File 25607-03-13, which was filed on May 22, 2013. [7]
8. The Repeat Request to Inspect and to Copy Court File 1829-06-10,
paragraphs 7-10, says:
7. Regarding the Request to Inspect in instant court file, I received a May 2,
2013 decision record by Judge Alon, which says:
In instant court file the Requester is a party. Based on the principles of
transparency and equality among parties, the Requester is permitted to
inspect requests, responses, and decisions in instant court file, pursuant to
the Court Procedures. The request to produce screen prints is out of
compliance with Court Procedures, and is denied.
8. The May 2, 2013 Decision in court file 25607-03-13 lacks foundation in
the law in its entirety and in its parts:
a. In instant court file the Requester is a party - Judge Alon fails to explain
the legal foundation for such statement.
b. Based on the principles of transparency and equality among parties... such statement is false on its face, since the Conservator's counsel may
inspect and generate screen prints at any time through Net HaMishpat. If
Judge Alon indeed wished to establish transparency and equality among the
6 View English translation of the entire paper:
13-05-22 In re: RSZ (1829-06-10 and 25607-03-13) in the Haifa Magistrate Court Repeat
Requests to Inspect Court Files
http://www.scribd.com/doc/147386556/
7 View English translation of the entire paper:
13-05-22 In re: RSZ (1829-06-10 and 25607-03-13) in the Haifa Magistrate Court Repeat
Requests to Inspect Court Files
http://www.scribd.com/doc/147386556/

6/8

parties, all that she needed to do was enter my ID number into Net
HaMishpat as a party or as of interest, who is permitted to view the
court file like the Conservators counsel. As of May 21, 2013, after entering
my ID # and the court file #, the following message appears: The user is not
permitted to view instant court file.
c. The request to obtain screen prints is not in compliance with court
procedures, and therefore is denied - such statement is a pure fabrication:
- In Moshe Katzav v State of Israel (3372/11) I was permitted to obtain
screen prints in the Supreme Court following a Request to Inspect.
- In the related court file 1829-06-10 in this Court, I obtained screen pritns
from Chief Clerk Israel Hen.
9. Therefore, a Repeat Request to Inspect is herein filed in instant court file,
including the records listed in paragraph 6, above, where inspection is
requested in any possible way.
10. Additionally, I request to inspect the two different and contradictory
March 17, 2013 decisions in instant court file, including:
a. The respective electronic signatures, if generated, with user's name, date
and time of signature.
b. Audit Data, pertaining to the feeding of the decision records into the
system User's Name and Login Date and Time, corresponding to the
records.
9. At the time of filing the papers in Appendices A-C in the Haifa Magistrate
Court on May 22, 2013, employee of the Administration of Courts, who
holds Office of the Clerk Stamp #30, added the following information:
a. Regarding the Request to Inspect court file 1829-06-10, Judge Esperanza
Alon issued a similar or identical decision to that which was issued in court
file 25607-03-13. However, the decision in court file 1829-06-10 was
never served (in contrast with the decision in court file 25607-03-13). It
should be noted that such conduct is similar to conduct of Judge Hagai
Brenner, Tel Aviv District Court, who issued a series of decisions, pertaining
to the Petitioner's request to inspect court file 6909-01-10 (purportedly
appeal of Silman v Social Security Administration), but none of the
decisions were served on the Requester. Such conduct is consistent with the
issuance of simulated court decisions.
b. In court file 25607-03-13, the Petitioner is purportedly Viewing
Authorized. However, attempt to inspect the court file later on the same
day showed that the Petitioner's access is still denied in court file 25607-0313 in Net HaMishpat.
Appendix D is a copy of print screens on May 22, 2013, of an attempt to
inspect court fle 25607-03-13 under Petitioner Joseph Zernik's ID # in Net
HaMishpat.
10. The right to inspect court records is fundamental to Due Process and Human
Rights, and in this case, access is denied, probably to prevent the Petitioner
from discovering additional evidence of corruption in the Haifa Magistrate
Court.
11. The evidence in the Conservatee RSZ's court files 1829-06-10 and 2560703-13 supports with exceptional clarity the main claims in instant Petition:
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a. Net HaMishpat system served in such court files as a central enabling

tool, both for alleged obstruction of justice and for cover up of the evidence
for such conduct.
b. Conduct of simulated Office of the Clerk in the Haifa Magistrate Court,
where Chief Clerk Israel Hen occupies his office with no lawful
appointment record and refuses to certify any judicial records True Copy
of the Original is a second central factor in enabling the conduct detailed
above in such court files.
c. Such conduct is excused by Judge Esperanza Alon under the guise of
lawfulness, pursuant to the mystical secrets of court procedures - the
transformation of court procedures in the courts of the State of Israel into
mystical secrets is the central outcome of Regulation 5 (mechanical
systems) of Regulations of the Courts (Office of the Clerk) 2004, which is
the subject of instant Petition in the High Court of Justice.
Today, May 23, 2013,
[signature]
___________________
Joseph Zernik, PhD, in pro se
Occupy Tel Aviv Encampment
Namir Road, Tel Aviv
PO Box 31440, Jerusalem 91313
Affidavit

8/8

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