14-02-11 ISRAEL: War hero Moti Ashkenazi+76 others versus the medieval courts - Presiding Justice Grunis must resign! From the pot to the frying pan... Moti Ashkenazi+76 others came to the High Court of Justice - national tribunal for protection of rights - in search of protection against medieval style fraud in the debtor courts. The High Court of Justice, led by Presiding Justice Asher Grunis, has been running on them another fraud through simulated litigation with blatantly invalid records for three years now... Corruption of the courts and the legal profession is central to the socio-economic crisis in Israel. Presiding Justice Grunis must resign! Moti Ashkenazi in Budapest bunker on the Suez canal (1973) - commander of the only Israeli bunker along the Bar-Lev Line that stood through the Egyptian assault; Israeli Supreme Court Presiding Justice Asher Grunis. View in blog: http://ift.tt/1jz4MAc View PDF: http://ift.tt/1j6GgD6 ____ Occupy Tel Aviv, February 11 - in Moti Ashkenazi+76 others against the Minister of Justice and Director of the Enforcement and Collection Authority (debtors courts - managed as administrative courts under the State Justice Department), war-hero Ashkenazi sought to stop fraud in the medieval-style debtors courts in Israel. According to new procedures of the debtors courts, no decisions of the debtors courts , longer than 17 lines, is served on the debtors any longer. Attorneys for the debt-holders continue to receive notice and service electronically, uninterrupted. In the debtors courts Instead, notices were sent to the debtors that the decisions could be inspected and copied in the courts. Attorneys receive notice and service of decisions by electronic means, and that service has not been interrupted. Yoel Susman, former Presiding Justice of the Israeli Supreme Court (1976-1980), in his major tome, "Civil Court Procedures", explicitly states that inspection and/or copying of decisions in the court is not valid service of court records. Likewise, requiring defendant in a civil process to come to court to inspect and copy, would not be considered Due Process notice and service in any other courts, originating in the English common law. Susman likewise states that court decisions that were not duly served are unenforceable. Although the latest 17 line limit procedure of the debtors courts is uniquely absurd, the debtors courts in general should be viewed as enormous fraud on the Israeli people. These courts are authorized to deprive individuals of Liberty and Property, as well as other rights, such as the right to travel. And yet, these courts are conducted out of compliance with the fundamentals of Due Process: * Unauthorized, uncertified banking records with inflated debt records are routinely admitted, * Unlawful usurious interest tables are used, * Properties are levied well in excess of the debt, and * The remaining funds are unlawfully withheld. * Levying of property and collection were "privatized" to criminal elements. The evidence also shows that the debtors courts, which are authorized to deprive people of liberty and property, operate with no lawful Offices of the Clerk. Petition in the High Court of Justice In the Supreme Court, Moti Ashkenazi and 76 others found only more of the same... The petition of Moti Ashkenazi+76 others has been subjected to a simulated process for almost 3 years, through a series of false registrations in the electronic record systems of the Supreme Court, where there also is no lawful Office of the Clerk any longer. The online records of Moti Ashkenazi and 76 others v Minster of Justice and Director of the Enforcement and Collection Authority (2300/11) show that the case was managed as simulated, invalid litigation from the start: 1. Under "Events" - Payment of Filing Fee on day one was recorded. 2. The "Events" list fails to show the filing of the Petition itself - the commencing record . 3. Under "Decisions" a series of records are listed, including "decisions" and a "judgment". However, none of these records would be deemed a valid and effectual court record - they are unsigned by the judicial authorities, uncertified by the Chief Clerk of the Court, are served with no authentication letter, and bear a disclaimer "subject to editing and phrasing changes, 4. The "Hearings" list indicates that three "hearings" were conducted. "Clerks" are listed as sitting in these "hearings". However, Presiding Justice Grunis had previously clarified that such people are not real "Clerks", but the justices legal interns, on rotation. The Calendar of the Court shows that the two latter "Hearings" were for jointly conducted for two case files, 2300/11 and 804/12. Moreover, the second of the three proceedings is listed twice under 804/12 under the same date, once postponed (but with "Decisions" and "Certificates of Delivery"), and once as having taken place. 5. Under "Related Cases", uniting the petition with another case, and "Administrative Union" with a third case are indicated. However, the records fail to show who executed the transactions, by what authority, when, or on what legal foundation. The records show that the union was later reversed, with no details.6. The "Decisions" list notes "Judgment", and a copy of the "Judgment" appears among the records in this file. However, on its face, it is not a "Judgment" in the case at hand. Counsel for the Petitioners claims that it is "judgment" in another case... 7. According to Israeli law, Petition for a Conditional Decree - request for original jurisdiction by the High Court of Justice, commences with the issuance of "Conditional Decree" - equivalent of summons - establishing the jurisdiction of the Court in the matter. No conditional decree has been issued in this case. 8. Under "Events", the issuance of three "Summonses for a Hearing" were listed. However, in contrast with lawful Conditional Decrees, Decisions, Judgments, the "Summonses for a Hearing" fail to appear in the "Decisions List", and also fail to appear among the accessible electronic records. Such "Summonses for a Hearing" also have no basis in the law - Regulations of the High Court of Justice. 9. Already in the first "Decision" in the case, Justice Esther Hayut defined the process as "Preliminary" - a process with no foundation in Israeli law. 10. Although the case was duly filed with the High Court of Justice, a series of "Decisions" by Justice Esther Hayut and Presiding Justice Asher Grunis were issued in the name of the Supreme Court - a different forum... 11. Under "Requests", the requests by Petitioners, are no longer numbered after the 30th. The High Court of Justice operates with no lawful Office of the Clerk - an incompetent court For over ten years, the Israeli High Court of Justice has operated with no lawful Chief Clerk. During these years, forgery and falsification of Supreme Court decision, and the conduct of simulated litigation has become a routine. Even on such background, the records in Moti Ashkenazi+76 others v Minister of Justice and Director of the Enforcement and Collection Authority stand out in their invalidity. Conduct of simulated litigation is an extra-judicial activity - criminality that is not covered by any immunity. With it, the fraud in conduct of process in the debtors courts continues unbridled... Corruption of the debtors courts has been a routine theme of protests as part of the social protest in Israel in recent years. Corruption of the courts and the legal profession is central to the socio-economic crisis in Israel Conduct of the Israeli Supreme Court, led by Presiding Justice Ashe Grunis in Ashkenazi + 76 others v Minister of Justice and Director of the Enforcement and Collection Authority should be deemed fraud, breach of loyalty, violation of Oaths of Office, and patronage by the Supreme Court of the State of Israel of organized state crime in the debtors courts of the Enforcement and Collection Authority. According to the 2012 Annual Report of the Enforcement Authority: * In a nation of some 8 millions, there were almost 2.8 million open cases in 2012; * Over 90% of the debtors are individuals, and 60% of the cases are opened by banks and corporations as debt-holders. * Almost 95% of the debtors are not represented by an attorney, but almost 95% of debt-holders are represented. Unprecedented corruption of the Israeli courts over the past decade is closely correlated with the vast increase in poverty and homelessness, and wide gap in asset and income distribution in Israel. The routine fraud in the Bureaus of the Enforcement and Collection Authority is central to such conditions, and has been the subject of routine protests and demonstrations. The Israeli High Court of Justice - national court for protection of rights is effectively closed for over ten years The Israeli Supreme Court and the Israeli High Court of Justice should be deemed incompetent courts. They have run for over ten years with an impostor with no lawful appointment as "Chief Clerk". The Israeli Supreme Court operates with no lawful Office of the Clerk and should be deemed an incompetent court. The Israeli courts themselves ruled that a court with no lawful Office of the Clerk is an incompetent court. On October 31, 2013, "Chief Clerk" Sarah Lifschitz "departed" from the Supreme Court, and now Presiding Justice Asher Grunis refuses to disclose, who holds the authorities of Chief Clerk of the Supreme Court. The "departure" of Ms Lifschitz followed the filing on October 15, 2013, with the Israel Police and the State Attorney General of a criminal Fraud Complaint against Presiding Justice Asher Grunis, relative to the false appearance of Ms Lifschitz for over 10 years, as "Chief Clerk", with no lawful appointment. The case of Moti Ashkenazi+76 others vividly shows how the national tribunal for protection of rights - the High Court of Justice - , operating with no lawful Office of the Clerk, is effectively closed. Such conditions - closing of the civil courts - are typical of military rule. Minister of Justice Tzipi Livni, one of the Responders in this case, is obviously involved in the fraud in the High Court of Justice.Attorney General Yehuda Weinstein is also accountable: He has so far has refused to provide a valid response on request to authorize criminal investigation against Presiding Justice Asher Grunis in this matter. Demand for the immediate resignation of Asher Grunis, and a call for establishing a "Truth and Reconciliation Commission" against the Israeli judiciary Current conditions in the Israeli Supreme Court are a constitutional crisis in a nation with no constitution. For over ten years, all justices of the Israeli Supreme Court have colluded in fraud on the people, breach of loyalty, and violation of Oaths of Office in conduct of simulated proceeding and the publication of simulated judicial records. The 2013 Universal Periodic Report of the UN Human Rights Council incorporated the Human Rights Alert (NGO) submission on the Israeli courts with the note, "Lack of integrity in the electronic records of the Supreme Court... in Israel". The Human Rights Alert (NGO) State of Israel (2013) submission recommends a Truth and Reconciliation Commission in Israel, given circumstances, where the Supreme Court's justices en masse breached loyalty and violated their Oaths of Office in collusion with the Ministry of Justice and the Attorney General. It is unlikely that under the leadership of Presiding Justice Asher Grunis a new, honest Chief Clerk will be duly appointed in the Supreme Court, or that any effort would be initiated to restore the integrity of the Supreme Court. Presiding Justice Asher Grunis must resign! ____ Link: 14-02-07 Moti Ashkenazi and 76 others v Minister of Justice (2300/11) in the High Court of Justice - online records //



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ISRAEL: War hero Moti Ashkenazi+76 others versus the medieval courts - Presiding Justice Grunis must resign!

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