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ערנות לזכויות האדם - אל"מ (ע"ר)
העמותה עוסקת בניטור זכויות האדם בישראל, סדרי המשטר הדמוקרטי ומוסדותיו - בפרט מערכת המשפט ואכיפת החוק. העמותה עוסקת במיוחד בחקר תקינותן וישרתן של מערכות מידע ממשלתיות. עיקר פעולתה של העמותה בגילוי, ארכיונאות והפצת מסמכים, דוחות, מאמרים, פרסומים בתקשורת, הופעות בכנסים בנושאים אלה, וכן - בפעולות משפטיות הנדרשות.

Thursday, February 21, 2019

2019-02-17 AG Mandelblit's father's tombstone and "Suspect No 2": Where are documents 1-8? Also in the Rishon Court search and seizure process is perverted....


AG Mandelblit's father's tombstone and "Suspect No 2": Where are documents 1-8? Also in the Rishon Court search and seizure process is perverted....
Recent damage to AG Mandelblit's father's tombstone became a sensational news item, if not the fodder of false election campaign propaganda.  
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Judge Guy Avnon (Rishon Magisrate Court), Police Commander Eran Filo (International Investigations), and AG Mandelblit's father's tombstone, after it was damaged.

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This morning we tried to follow up on the status of Request to Inspect the Rishon Magistrate Court search warrant court file of "Suspect No 2".
One should recall that in 2018, Ombudsman of the Judiciary has determined a "systematic failure" in the conduct of search warrant processes in the Tel-Aviv Magistrate Court: All judges had conducted such processes with no court files, no court file numbers, and no secretarial records for years.
So what is the state of affairs in the Rishon Magistrate Court?
The Rishon Magistrate Court is of special interest, since here, the Israel Police special organized crime, government corruption and international crime investigation units file their requests for warrants.  On the other hand, the Rishon Magistrate Court has gained some notoriety for the dubious gag orders, which have been repeatedly issued here by Presiding Judge Einat Ron in key government corruption scandals, and for perverting the criminal prosecutions of sex offender Judge Yitzhak Cohen and bribes receiver "Head of the Israeli FBI" Police Commander Menashe Arbiv.
The evidence, gained today in the case of "Suspect No 2", indicates that also in the Rishon Magistrate Court search warrant process is perverted.
Read more: https://human-rights-alert.blogspot.com/2019/02/2019-02-17-ag-mandelblits-fathers.html


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1. January 22, 2019 Judge Guy Avnon "Search Warrant" against "Suspect No 2" in the case of damage to AG Mandelblit's father's tombstone. Instead of entering "Probable Cause" in the designated space in the form, Judge Avnon wrote "Documents were marked 1-8". 2. "Suspect No 2" Request to Inspect "Documents 1-8". 3.  Judge Avnon "Post-it Decisions" on the Request to Inspect to Inspect, including decisions, ordering the Investigative Unit to file its response on the Request to Inspect, and February 11, 2019 decision (never served, only discovered in today's visit and inquiry in the Office of the Clerk), which clarifies that no "Documents 1-8" exist in the court file, and therefore, the Request to Inspect "exhausted itself" and is denied.
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"Suspect No 2" has been trying for several weeks to find out what was the probable cause, which was presented by International Investigations/Organized Crime Unit Commander Eran Filo to Rishon Magistrate Judge Guy Avnon, and led to the issuance of the search and seizure warrant against "Suspect No 2", and also the basis for a lengthy interrogation.
* On January 23, 2019 - Commander Eran Filo perpetrated, in collusion with the traffic police, an arbitrary search without presenting a search warrant - while faking a traffic violation by "Suspect No 2", and later conducting a warrantless search in the vehicle in Beit Dagan.
* On January 27, 2019 - search was conducted in the home of "Suspect No 2", after a warrant, signed by Judge Guy Avnon (Rishon Magistrate Court) had been presented.  The warrant failed to indicate a probable cause in the designated space in the form.  Instead, Judge Avnon wrote: "Documents were marked 1-8". A cell phone, computer, and other items were seized.
* On January 29, 2019 - after access to inspect as a party in the case had been denied, "Suspect No 2" filed a request to inspect "Documents 1-8" in the Rishon Magistrate Court, in an effort to exercise the right to inspect and to copy - a right that had been declared by the Israeli Supreme Court - "a fundamental principle in any democratic regime, constitutional, supra-statutory..."
The "Investigating Unit" - (International Investigations/Organized Crime Unit) failed to respond on the request to inspect, regardless of repeat decisions and extentions by Judge Guy Avnon.
* On February 11, 2019 - in view of the Investigating Unit's failure to respond, Judge Guy Avnon issued a surprising decision - which suddenly discovered that "Documents 1-8" did not exist at all in the court file.
* Today, February 17, 2019 - the (International Investigations/Organized Crime Unit) returned to "Suspect No 2" his computer (the cell phone was returned a day following its seizure).
In short: the entire investigation appears lacking in foundation.
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What are the plausible explanations for such circumstances?
a) "Documents 1-8" - the purported "probable cause" - have never existed at all. It was just a bluff.
b)  "Documents 1-8" - the purported "probable cause" - were presented by Commander Eran Filo to Judge Guy Avnon, but were never entered into the court file - a serious perversion of due process, pertaining to the issuing of a search warrant .
c) "Documents 1-8" - the purported "probable cause" - were presented by Commander Eran Filo to Judge Guy Avnon, were entered into the court file - but were later removed - a serious perversion of court process and court records.
The three possibilities present a spectrum of incompetence and/or corruption in search and seizure process.
The findings raise serious concerns of a "local failure" by Judge Guy Avnon (Rishon Magistrate Court) and Police Commander Eran Filo (International Investigations/Organized Crime Unit) in the conduct of search and seizure warrant process. 
However, the findings also raise concerns of a "systematic failure" in the relationships between the Rishon Magistrate Court judges and International Investigations/Organized Crime Unit police commanders - pertaining to search and seizure warrant processes.
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The right for security against arbitrary search and seizure is a fundamental civil and human right, which has been recognized in the West for over 300 years.  Its violation is a cardinal sign of a dictatorial regime.
In Israel, the right exists in theory. However, in the bloggers and vengeful judges affair, it was exposed that all Tel-Aviv magistrate judges  have perverted search and seizure warrant processes for years in collusion with the Israel Police - conducting process with no court files, no court file numbers and no secretarial registry.
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On such background - Supreme Court Presiding Justice is laboring to convince the public (assisted by a new PR adviser) that the judges are the guardians of civil rights in Israel.


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