Human Rights Alert (NGO)

Joseph Zernik, PhD " PO Box 31440, Jerusalem 91313, Israel; jz12345@earthlink.net ; 91313 " 04413,

Digitally signed by Joseph Zernik DN: cn=Joseph Zernik, o, ou, email=jz12345@ea rthlink.net, c=US Date: 2011.10.10 00:38:14 +03'00'

11-10-09 Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel: Records downloaded from the online public access system on October 9, 2011
The Appeal in Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel originated from the case of Katzav v State of Israel (3372/11). In the latter case, the Clerk of the Supreme Court refused to respond on a request for clarification regarding validity of records, which were provided to Dr Zernik by the Office of the Clerk in response for a request to inspect and to copy decisions of the Court. The online records of the case remain vague and ambiguous. Moreover, the case demonstrate the ambiguity in the design of the online public access system in general.

Attached:
# 1 2 3 4 5 6 7 8 9 10 Record Zernik v State of Israel (6041/11) Zernik v State of Israel (6041/11) Zernik v State of Israel (6041/11) Zernik v State of Israel (6041/11) Zernik v State of Israel (6041/11) Zernik v State of Israel (6041/11) Zernik v State of Israel (6041/11) Zernik v State of Israel (6041/11) Zernik v State of Israel (6041/11) Zernik v State of Israel (6041/11) Index of All Cases Query (Hebrew and English) General Details (Hebrew and English) Parties (Hebrew and English) Related Cases (Hebrew and English) Lower Court Cases (Hebrew and English) Proceedings (Hebrew and English) Events (Hebrew and English) Certificates of Service (Hebrew and English) Pleadings (Hebrew and English) Decisions (Hebrew and English) Page # 3 4 4 4 5 5 6 6 7 7

Brief Chronology: The records of the Appeal showed irregularities from the start:

The records of the entire case of the Appeal appeared, then disappeared from the online public access system, and re-appeared following protest by the Appellant. [3,4.5] The September 7, 2011 Judgment in the Appeal was issued unsigned, and failed to appear in the Calendar of the Court. [9]

Therefore: 1) On September 20, 2011 Request for Clarification in re: validity of the September 7, 2011 Judgment [10], was duly filed. The Request was stamped and signed Received for Registration by the Office of the Clerk:

As seen below, the September 20, 2011 Request is not registered among the online records of the case. As seen below, the September 20, 2011 Request is not listed under Registration Rejected, either. No decision pertaining to this Request appears among the online records, and no decision was served.

2) In parallel, on September 20, 2011 Request for Clarification was forwarded to the Office of the Clerk, in re: failure of the September 7, 2011 Judgment to appear in the Calendar of the Court. [11]

The September 20, 2011 Request has not been answered by the Office of the Clerk to this date.

7/2 In addition, the Supreme Court denied the request September 5, 2011 Request for Access to manuals, which would explain the procedures and records, as they appear online. [8] Regarding design of the online public access system, as documented in the records below, it should be noted:

Fails to include a clear docket, where all records, which were entered (registered) are listed. Fails to state which of the records, which were filed, were indeed entered. Lists the decisions and judgments of the Court as issued (but not as entered) (under 7, below) Lists various events, whereas the nature of event remains undefined. To the degree the Events and Pleading should reflect the filing dates of papers in this case, the online records are incomplete, and do not reflect the true filing dates.

Regarding the online records in the specific case, as documented in the records below, it should be noted:

A reasonable personal would conclude that the online records of the Supreme Court of Israel in this case, and the public access system in general, remain vague and ambiguous. LINKS:
[1] 11-08-21 Zernik v State of Israel (6041/11) Appeal of Clerk's Decision in re: Request for Clarification regarding Validity of Papers in Moshe Katzav v State of Israel (3372/11) and Request for Waiver of Fees s (Eng + Heb) http://www.scribd.com/doc/62755010/ [2] 11-08-22 Dr Zerniks notice to State Ombudsman Lindenstrauss in re: Dr Joseph Zernik v State of Israel (6041/11) in the Supreme Court Appeal of Clerk of the Supreme Court August 14, 2011 Decision in Moshe Katzav v State of Israel (3372/11) (Eng) http://www.scribd.com/doc/62789310/ [3] 11-08-29 Zernik v State of Israel (6041-11) in the Supreme Court of the State of Israel public access to valid List of Cases s (Heb + Eng) http://www.scribd.com/doc/63494018/ [4] 11-08-30 Zernik v State of Israel (6041/11) Request to comments by President of the Israeli Bar Association regarding validity of the List of All Cases of the Supreme Court of the State of Israel s http://www.scribd.com/doc/63562473/ [5] 11-08-30 Zernik v State of Israel (6041/11) - Appeal in the Supreme Court of the State of Israel purged court file reappears, but its validity remains dubious (Eng + Heb) http://www.scribd.com/doc/63600174/ [6] 11-08-31 Zernik v State of Israel (6041/11) Supreme Court of the State of Israel Request for honest docketing (Eng + Heb) http://www.scribd.com/doc/63661507/ [7] 11-09-01 Zernik v State of Israel (6041/11) Request for Correction of Listing of Events (Eng + Heb)-s http://www.scribd.com/doc/63741373/ [8] 11-09-05 Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel - Request for Access to case management system records and user's manuals (Eng + Heb) s http://www.scribd.com/doc/63999716/ [9] 11-09-07 Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel September 7, 2011 Judgment by Justice S Jubran, as served (Eng + Heb) http://www.scribd.com/doc/65637322/ [10] 11-09-20 Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel Request for Clarification re Validity of the September 7, 2011 Judgment http://www.scribd.com/doc/65674320/ [11] 11-09-20 Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel Request for Clarification by the Office of the Clerk re: Failure of the September 7, 2011 Judgment to appear in the Calendar of the Court http://www.scribd.com/doc/66171229/

7/3 Online public access system records, as downloaded on October 9, 2011 1) Index of All Cases Query
Division Criminal Case # Case Caption 6041/11 Dr Joseph Zernik v State of Israel Case Type Appeal from Clerks Decision Cert of Service Decisions

7/4 2) General Details

__________ 3) Parties
Type Appellant Respondent # 1 1 Name Dr Joseph Zernik State of Israel Counsel State Solicitor

__________ 4) Related Cases

Related Case # 3372/0-11 Type of Relationship Administrative Description -

7/5 5) Lower Court Cases

Name of Court Lower Court Case # No records were found in the query range Judgment Date Panel

__________ 6) Proceedings
Date Time Hall Panel Status Clerk No records were found in the query range

7/6 7) Events
# 1 2 2 2 Main Event Record filed Judgment Judgment Judgment Secondary Event Filed record Judgment issued Decision sent to parties Decision sent to parties Date Aug 30, 2011 Sept 7, 2011 Sept 8, 2011 Sept 8, 2011 Movant Dr Joseph Zernik -

__________ 8) Certificates of Service

# 2273696 2273697 Addressee Date of Signature Sent to: Dr Joseph Zernik Not keyed in yet Sent to: State Solicitor Sept 8, 2011

7/7 9) Pleadings
# a b c d Pleading Description For adding a record Request to inspect/copy For receipt of court record For receipt of judgment/decision Date Aug 31, 2011 Sept 5, 2011 Sept 18, 2011 Sept 18, 2011 Filer Appellant 1 Appellant 1 Filing Rejected -

__________ 10) Decisions

Judgment/Decision Judgment Date Sept 7, 2011 Description HTML PDF