Where is Rabbi Pinto's conviction record? and why is Judge Mudrick hiding it? Request was filed today for inspection the court file record in the criminal prosecution of Rabbi Josiah Pinto. Pinto is on trial for bribing Maj. Gen. Menashe Arviv, the head of Lahav 433, the main investigative unit of the Israel Police, popularly known as the Israeli FBI. That bribing incident is probably only the tip of the iceberg in what is likely to be one of the worst corruption scandals in the history of the State of Israel. The plea bargain agreement in this case raised concerns regarding conduct of the State Prosecution. And the records of the prosecution in the Tel-Aviv District Court's public access system, which are inexplicably corrupt, raise concerns regarding conduct of the Court. Similar corruption of court records has demonstrated in other cases as well - particularly cases related to government corruption. Conditions which have been established in the Israeli courts through the implementation of new IT systems, must also raise serious Human Rights concerns: The public cannot ascertain what a person was indicted for, what a person was convicted of, what his sentence is, and whether a person is held in prison pursuant to lawfully executed judicial records. Such conditions are typical of tribunals of military dictatorships, but are inconsistent with courts of a civil society. Pictures: Rabbi Josiah Pinto is on trial for an attempt to bribe senior Israel Police officer in a scandal that rocked the Israel Police, beleaguered by corruption of top officers. Judge Oded Mudrick of the Tel-Aviv Court is presiding in the case, where the Israel Movement for Quality Government appealed to the Supreme Court against the plea bargain approved for Rabbi Pinto. ____ OccupyTLV, April 29 - Joseph Zernik, PhD, of Human Rights Alert (NGO) has filed today a Request to Inspect in the criminal prosecution court file of Rabbi Josiah Pinto, where inexplicably corrupt records are found in the public access system of the Tel-Aviv District Court. The Pinto-Arviv-Bracha corruption scandal Pinto is on trial for attempting to bribe Israel Police Brigadier General Ephraim Bracha, Head of the National Fraud Unit. In his investigation, Pinto provided incriminating evidence regarding Major General Menashe Arviv, Head of Lahav 433, the main investigative unit of the Israel Police, popularly known as the Israeli FBI. Pinto claims that he also holds incriminating evidence against the Israel Police Brigadier General Ephraim Bracha, Head of the National Fraud Unit. It is most likely the worst of the corruption scandals in the Israel police, which have rocked its top command in recent years. Media claim that law enforcement are trying to undermine full investigation of the scandal, and the Movement for Quality Government in Israel petitioned the Supreme Court against the excessively lenient plea bargain deal, signed by the State Prosecution under the authority of Attorney General Yeduda Weinstein, which promised of excessive leniency to Pinto. And the records of the prosecution in the Tel-Aviv District Court's public access system, which are inexplicably corrupt, raise concerns regarding conduct of the Court. Inexplicably corrupt public court records The Request for Inspection, filed today, originates in part in an attempt to resolve the inexplicably corrupt public court records in the case: - The court file is listed as "Open to the Public" - it is not sealed. Figure: On April 29, 2015, a total of seven (7) decisions were listed in the case, which by now should hold around 30 decisions. The decision records, which are posted in the public access system, include decisions on postponing hearing dates, changing defence counsel, and Defendant's access to evidence. Missing from the public access system are any hearing protocol, any decision pertaining to the evidence in this case, and any record of the conviction, reported by media to have taken place in a hearing on April 14, 2015. This court file and many others demonstrate that in the courts' new IT system, Net-HaMishpat, judges routinely maintain double-books for case dockets. ____ Only seven (7) decision records are listed today in the online public access system, in a case that should by now hold at least a couple dozen decision records. The records, which are posted in the public access system, include decisions on postponing hearing dates, changing defense counsel, and Defendant's access to evidence. Missing from the public access system are any hearing protocols, and any decisions pertaining to the evidence in this case. On April 14, 2015, media reported from a court hearing that Judge Oded Mudrick of the Tel-Aviv Court convicted Rabbi Pinto. However, the verdict record is missing from the public access system of the Court. It fails to appear under the "Decisions" tab, and likewise fails to appear under the "Judgments" tab of Net-HaMishpat - IT system of the Israeli courts. Figure: On April 29, 2015, the Court Calendar showed that the April 28, 2015 sentencing hearing, which was extensively reported by media, "Did not take place". Also in other cases, it has been documented that the Court Calendar in Net-HaMishpat is unreliable, and judges may conduct "unofficial hearings", while the public and parties are under the impression that they are witnessing a lawful, binding court hearing. _______ On April 28, 2015, media reported that a sentencing hearing was conducted. However, the hearing is listed as "Did not take place" in the Court Calendar of the public access system of the Court. The Court Calendar is one of the fundamental Books of Court, which are essential for the safeguard of integrity of the courts. A court, administered by an IT system, which permits the maintenance of double books, or the entry of vague and ambiguous data, will no doubt be deemed an incompetent court. Both the court calendar and the dockets have been recognized for hundreds of years as the "Books of Court" of any court. Such books are the fundamental instrument in the safeguard of integrity of the judges and the courts. Inspection of numerous court files in the Israeli courts, in the wake of implementing Net-HaMishpat - the new IT system - documented the routine maintenance of double-books, and the entry of false, or vague and ambiguous data in such books. Such findings are particularly blatant in court files that are related to various corruption scandals of recent years. There is no doubt that a court, which is administered through an IT system, which permits the judges to maintain double-books, or to enter false, or vague and ambiguous data, would be deemed an incompetent court. Extreme, unlawful restriction of public access to court records The Request to Inspect, filed today, is part of an ongoing academic study of IT systems of the Israeli courts and the administration of public access to court records. The Requests to Inspect are routinely filed in various cases with the sole justification of academic research. Public access to court records in Israel has undergone a revolution over the past decade as the result of fundamental changes in administration of the courts, which included the implementation of the Electronic Signature Act, new Regulations of the Courts (Office of the Clerk and Inspection of Court Files), implementation of Net-HaMishpat - IT system of the courts, and a Supreme Court 2009 Judgment at the end of a 12 year long petition - A ssociation for Civil Rights in Israel v Minister of Justice et al ( 5917/97) - pertaining to public access to court records. According to the new Regulations of the Courts - Inspection of Court Files, public access is permitted to all court decision and judgment records, which are not lawfully sealed. The 2009 Judgment in the Civil Rights Association in Israel petition declared public access to court records a fundamental principle of any democratic regime, a "constitutional right", and described conditions, where public access to such records is purportedly granted on a routine basis online in Net-HaMishpat. The Judgment also repeated the Association's arguments that such access is required for the maintaining public trust in integrity of the judicial process. Public access to court records, particularly in criminal prosecutions, is also a fundamental Human Right - part of the right for a fair, public hearing. Based on hundreds of years of experience, public access to court records is the most effective and indispensable way to safeguard the integrity of judges and attorneys. However, the ongoing study shows that public access today is often provided to false, or unreliable records and data. Such conditions void the constitutional right of public access to court records of any content. Chief clerks and their duty to safeguard the integrity of court records and books It should be noted that the old Regulations of the Courts - Office of the Clerk, promulgated in 1936 (during the British Mandate period), explicitly stated the duty of the Chief Clerks of the courts for the "excellent maintenance" of court records and court books. In contrast, the new regulations, promulgated in 2004, are missing such language. Moreover, in recent years, requests pursuant to the Freedom of Information Act, unveiled that none of the individuals in the various courts, who go by the title of "Chief Clerk", holds a lawful appointment record as "Chief Clerk". A court, where the Chief Clerk holds no lawful appointment record, and is not bound by the duty for honest maintenance of the court's records and books, is surely going to be deemed an incompetent court. In fact, Israeli judges today enter and list their own decisions and calendars in Net-HaMishpat in an arbitrary and capricious manner, with no oversight by the office of the Chief Clerk of the court. With it, judges have also been repeatedly caught falsifying and fabricating court records. Denial of public access and perversion of court records is particularly noticeable in public corruption cases As shown in the criminal prosecution of State of Israel v Pinto and numerous other cases, public public to court records is routinely denied in Israel today, particularly in cases pertaining to government corruption. A prime example is the criminal prosecution of former Prime Minister Ehud Olmert, which was conducted in the Tel-Aviv District Court as well. At a time that the public access system lists only about 60 decisions in the case, the clerk's access system lists over 260 decisions. Moreover, the decision records displayed in the public access system are blatantly invalid records - unsigned or truncated. Most alarming - media reported that Olmert was convicted on taking bribes and was sentenced for a six year prison term. However, the conviction and sentencing records are yet to be discovered. The records fail to appear either in the public access system or in the clerk's access system in Net-HaMishpat, and Olmert is yet to serve a single day of his sentence... Double books and missing court records provide evidence of the fraud inherent in Net-HaMishpat - IT system of the Israeli courts The inexplicable data in the "Decisions" and "Calendar" lists in State of Israel v Pinto, in the criminal prosecution of former PM Olmert, and in numerous other cases, document the fundamental fraud in development, implementation and operation of Net-HaMishpat. The Professional Staff Report of the UN Human Rights Council for the 2013 Universal Periodic Review of Human Rights in Israel states, "lack of integrity in the electronic record systems of the Supreme Court, the district courts and the detainees' courts in Israel". Conditions in the Israeli courts are inconsistent with the courts of a civil society An academic paper, which was accepted for publication, subject to international, anonymous peer-review in the 2015 European Conference on Electronic Government (ECEG 2015), says, "Fraudulent new IT systems in the Israeli courts - unannounced regime change?" Under conditions, which have been established in the Israeli courts over the past decade, the public has no way to ascertain what a person was indicted on, what a person was convicted of, what his sentence is, and whether a person is held in prison pursuant to lawfully executed judicial records. Such conditions are typical of tribunals of a military dictatorship, but are inconsistent with the courts of a civil society. LINKS 2015-04-29 State of Israel v Pinto (43357-09-14) in the Tel-Aviv District Court - Dr Zernik's Request (#25) to Inspect court file

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Where is Rabbi Pinto's conviction record? and why is Judge Mudrick hiding it?

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