The Israeli judiciary

- My name Boris Dobrovensky.

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-No long ago the clerks refused my appeal in Supreme
Court because of a new discrimination menage(!) of
the Supreme Court chief, as the sir ordered that all
people, who did not presented by advocate, before
of submitting their appeals, -all of these categories
people must take a permit from special court lawyer.

-It is clearly that in Supreme Court in the process
submission appeals were infused a more one wrong
request that complicate submission appeal by the
weak population group, because now the appellant
compelled take affirmation from special clerk;
This request is wronging for tenets of equality.

-I have been here, then I sure after my personal
examination: -this clerk have instruction no help,
as declare the court chief, but vice versa, -his
real function to disturb submission appeals.

-In other words, our court chief A. Barak declared
a subject on the contrary to inclosed secret purpose.

-Instead make their passage simple and short, this
 lawyer makes for weak citizen supplement requests;
-really he abuse and prevent to submit they appeals.
-I on my personal experience I checked by logical
 analyze and feel from contacting with it's clerks:
-the chief's advantage idea has discrimination
 basis for intrude.
-Really these changes abuse the helpless citizen.

-If the sir Supreme Court chief would like help for
helpless people appeal to Supreme court, he can agree
or initiate the free Law faculties staggers help.
-If he Would want help(!?)..
-It was only casuistry answer.

-You does no understand the very cruel hypocrisy®
 essence of our court chief Aharon Barak!?

-He damage me real as prevents submission my lawful
petition or appeal in the Supreme Court and argue
with hypocrisy that he does everything to comfort the
way of submission appeals for the weak stand citizen.

-I sure that the proclamation of "judicial activity"
principle in the Israeli court has the identify lie
 nature and has nothing with justice as this primer.

-Really these changes abuse the helpless citizen.

-But it's important for attention that with his
new arrangement our's Supreme Court chief has did
an intervene in the procedural law where his
changes diminution the citizen rights and equality.

-You can see here as this man in public tells
as the purpose of "judicial activism" is secure
rights of the weak citizen, but in real he secure
freedom for hurt the human rights and equality.

-Would you ask me: did how these rampage of our court
chief possible in democratic  country without that
these public problem no arise  a public dispute?!

My life and my health were ruined because this man
and because injustice and rampage in our court.
I could to comment this situation as:

-The political corrupted part of our parliament
members give the chief a free hand in his egoistic
anti democratic initiative because existing their
corporate interest as watching their leaders state
and in other hand the political functionaries scare
before an option like as one time be a defender in
any political or other mind trial, while the 
judges rampage could hurt his political future.

-Here existing elements of political extortion.

-Others the absurdism in our judiciary and court
could not to flower so much time as it continued.

The public interest in destroy this wrong bound.

 So I would explain the community situation.

-They read about needs for secure the Human Rights,
 but in other hand in this same time for all that
-eliminated the absolute objectively Procedural Law, 
 that conventional in all democratic countries, -in
 purpose causing discrimination in our country.

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P.S. -Not long time ago the chief of Israeli Supreme Court donated a new idea of the court absolute independence from the government. -I mind that this proposal; needs a basis reaserch and revision:

Click Proposals -for improve the Israeli Procedural Law. - Then return here with "BACK" key -I sure that the changes that I propose are necessary for Immediately realization. -Hence the question: -why did the young democracy in 21 century marry with legacy of old monarchy ?! -Let's improve it as advantage nations! -So I mind.

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******* New reply *******

-O-to-to ago we are have been a witness of the new judicial initiative: The Supreme Court Commission." -We are have been a witness of "judicial activism": when under our Supreme Court's chief initiative were nominated commission by manage of Supreme Court's judge, -Teodor Ohr to check and seek these reasons: -why did in last years our Supreme court is drowning in the many appeals from his Israeli folk versus the directives of the local court's instances and to exempt the problems. -In resume of it's examination The Teodor Ohr's commission noted so: - for Supreme judges rescue from excessive job with plenty appeals, the Supreme court must to pass the plenty appeals to lower's instances (him the suits will finish in a lower instance, -then the Supreme Court will be release from a multitude of busy). On the other hand will be increase the quantity of the judges of all instances. - You see, as if non more problem.. .Genius! However: -Yet I have the right on myself opinion: -First, the judges with all respect to him -has not authority to modify the court's procedure law and the court structure. -All this absolutely parliament's affair and opinion. -On the other hand, before give their proposition these commission has not researched seriously the circumstances happened in the court and the judges resume of court's problems absent a little logic: -The commission's resume is erroneously -because they appoint with consequences instead to research the reasons of the problem. -Their's decision is good for judges community only, not for people. Let's check. Let's give the logical question! My profession is a mechanical engineer, -not lawyer; -but the human practice and the general education learn me that if would I do my work not well, not basically it would cause negligence, could cause the people's victims, -then I would must do the same work a few times more. -You would agree that the grown the quantity of bad engineers could not cause a society advancement. -It need to grow a quality; as the knowledge, as the responsibility, etc. -Exactly in court, in medicine.. -If the local court's judge would does his business well and make justice, according to law, as the litigants would not gave again their redundant appeals. -The clue of these court problems -solving in quality of the judgement and in the justice of the judges, -not in quantity of them. -I personal study much appeals submitted for get ordering for disqualification a conduct judge because defective record proceedings of trial. -That would no caused him the proceeding will records by writing by independence site then it automatically would lesser of hundred files with reality economy the judges time. -Just could not needing in change the quantity of judges; then is not requesting a growing the budget of this ministry. There is the public affair !! Attention the citizen !! I sure, they understand the argue itself. But these social groups have individual egoistic interest. Yet they open for the clever folk the half of truth. -More, -the wrong judgement could cause the human tragedy, traumas and death; -it more importance if we would compare with the problem of causation of many appeals in High Court. -The authority of the court, -to watch the law. -The affair of a court's structure and law giving, -it is an parliamentarian's business absolutely. -Then we are right to say: -Warning! -There is the strategic border of authority between the lawgiver area with area of an watcher the law!

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* The lawyer's conference * (Sept or Oct. 1997)

-A few days ago I hear the very authority forum of our famous lawyers and researches. The theme has a philosophical direct, -on place of the Court in the pluralistic society. -Our researches prof Ruth Gaveson, Shlomo Avinery, Avi Revitsky and more others discussed with expression, -has a feeling that they not agree with activistic tendentious of our court. I has impression that all speaker of this meeting has give a critic against the "judicial activity" concept. I understand that I not once; -absurdism of the situation existing in fact, that the rule of the court really were gave to man that has a wrong grasp of the court mission. -All speakers discussed the olympic relations between the Court within Parliament, -but they told nothing about a danger of the "judicial activity" against a common citizen. -I wish discuss about the real and optional victims of the "judicial activity", -we are must busy with the real! -The judges talked that it is their's prerogative to know the changes happens in general society psychology. -The judges privilege to know the pulse of the society! They talked with ironies that because the country have not the constitution; the laws are give not answers on real judiciary questions, -then has a court's prerogative for explaining what minds the lawgiver in itself laws. The judges talk as if only the judges can does the answers of the judiciary problems and the transcription of the law. -Please not forget that we are inherited the laws are using by one of great nations, there gave the first constitution; -It is not visible that this nation complaints on they laws. Renewer there are not gave a basic for their pleading, -as if could not be any opposition with they conceptions. -Renewer the judges talked "the court" in situation as really we could mind on the resume of one or three judges, -it isn't a mandatory scientific analyze. It need to remind that our parliament unexplainably not resists to any judges verdict as if all verdicts rights. We are know that exist verdicts on the same problems as verdict of one judge oppose verdict of other. -I know not any event when our parliamentarian has displaied the energy to arouse any problem of wrong verdict, in case when the judge's interpretation oppose to the lawgiver wish.

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-For a primer please to remind the -verdict CrAp220/83 deprive the litigant rights in court when by wrong comment the Law in the verdict given to each judge right to edit the proceeding on his wish, -that oppose to the careful law comments, ordering as the proceedings will contain all details of trial. -We studied in reality what mind in "judiciary fiction" and each judge have knowledge as real, under these principle -all phrase told in session, if they has not written in the proceedings, are will not be discussed in the court's decisions, as if they no was reading. -Lawyers know this refinement secrets of the trial. -But the lumpens, they came to court for justice help, -they know not this judicial casuistry. -At finish the lumpen can not understand why the judge not relate to the facts that were reading before the judge. -He has not a potential energy to fight for his justice. -Let's compare the laws ordering against your verdict: -Of course, the law learns the judge that: (read the p-134 of the "Crime Processing Law [1982]"): "-The proceedings of court will(must) reflect(contain) all details what were reading or causing in the trial." -so is writing in the law. -But the procedural law is "very obligate" for our judges, -then they give the interpret verdict for itself's comfort. Sir M. Shamgar wrote in his verdict, that the law give the judge's prerogative for selection what will be record in proceedings(!) -As resume of these verdict go as if: -the judge may not write in his record all details (witness and evidence) of the trial?!! - etc. -With all respect to our court I can not agree with this verdict because a few basic reasons: -By this verdict the basic laws turns in a useless paper. -Before of these verdicts -the law could defend each lumpen, -now every one is depending from the "good" or "bad" judge. (the verdict consisting a rough visible absurd) The verdict I read from the Criminal Appeal 220/83 giving by the retire court chief, Meir Shamgar. With all respect to this great man, I am not agree with his verdict because the comments there turns to nihil the law as bases on the equality of rights, the human dignity; -these verdict there is a factor of tyranny!!. Under reading from the verdict has clearly that these crime appellant asked the Supreme Court to disqualified his judge of low instance because he did not enable to the appellant his defending, and his judge not wrote in the proceedings (of a criminal trial!) the appellant's explanations. The chief rejected the appeal by his verdict(see above). If we would compare two texts(the law and verdict) as will seen the change; that -the lawgiver gave security to each citizen the security for watch the equality, the justice, a person's dignity, and for Human Rights watch. -Please remind that the law ordering as: "-The proceedings of court will(must) reflect(contain) all details what were reading or causing in the trial." -so is writing in the law. -In oppose to the law careful justice ordering -The verdict possible a judge's mistake, the tendentious, the wrong interpretation, the wrongful casuistry, abuse. -What helps these judiciary for justice trial. -Not each individual can persuade the judge what is needing writing in the record. -The judge can be tendentious to! -More, -the verdict is pretty contrare the basis of our ground law, creating -"The Law of the Person dignity[1996]". I will show You: -that just in our court the judges causes abuse against the citizen because wrong proceedings editing. For read this theme Click here! -Soon we entrants in 21 advance hundred of human's history. -We must to change the ordering of proceedings writing. -I would propose of writing the trial's proceedings by -automatic writing machine, -not by the judge!! We are obligate to watch the exclusive time of our judge. The Advance Society request to relax the judge from the responsibility for proceedings manage. Of course, a judge's right edit in parallel his conspectus. Others we leave the feeble people helpless against mistakes or tendentious of this judge. -Why!?....-Let's GO WITH the LAW!! -Sometime I wish to ask our Court chief answer me: -One time did You take the judge's swear to watch the laws?! -Why did You take a swear for watching the countries laws, if on yours opinion the laws is not pretty good for You. for Topics Click here The critic of the "Judicial activity" perception. -Sir court's chief A. Barak experience to vindicate his principle stay, -he has said: -the researches always look for problems, -the judges are exempt they. -I would inquest our today's Court chief to: -You told on this authority conference as You intervened in parliaments affair not on yours initiative, but as you were compelled to intervene because the parliament's politicians forwards their petition in the Supreme Court.. -If true, then did why you initiate the changes in a judiciary topic of judge's authority in your "judicial activity" perceptions, or did why you has intervene in procedural law by the judge's T. Ohr commission.?! -If did the parliament asked You help do his job? -Let's discuss a little delicate topic: -last time You nominated for Supreme court's judge your wife; your's personal friend, the univercities researcher that have not experience of practical judgement. -The public are not know how much judges were nominated from your friends or familiars by your personality initiative in lest 20 years. -The dilemma if do these nominations are goes well with tenets of a democratic system and if do these manage go well with court independence conception?. -In other hand, your daughter's participation in the volunteer's Organization for Government Quality in realty give you by your daughter's help with her friends an option find any "defect" in behavior each person from our government and so each one from our leadership or from parliamentarian people suddenly liable goes depend of yours subjective wish?! -There is more tools for obtaining an excessive power. -De-facto You pay the power to dismiss our President. -All that thanks for a casuistry verdict or comment!! -That could be success with a lite help of an yellow propaganda and an interest(corrupt) groups encourage! . -If do sir chief justice is not see in his families circumstances the negations with a public interests? -If did our parliament has not the responsibility before his voters(the public interest) to prevent the dynasty behavior in our court?? -It is my question. for Topics Click here -Would our Prime Minister or other leadership's man has nominate on officials post anybodye from his family, then in a moment would be forward a petition about a wrong nomination act contrary with a public interest! -It would be a subject of political scandal. -Only you may go in a wrong way without any opposition. -The parliament did decree on being the Court in Israel(!); -it was the parliament, where ordered by his law the Court chief's vacancy and the quantity of judges. -It his job! -The parliament gave the procedural law with ordering what function will be for Supreme Court, for District Court, and for the local Court. Why do You intervened in parliament's job?! -I feel that Sir takes for itself the functions of parliament, when you change the quantity of the judges and intervened in function of changes in that or other's Court's authority.. -There were a lawless obtained authority -as go wrong with a principle of the functional dividing between the legislator parliamentarian's authority with the government's functions. -As it was an "activistic" intervene in parliamentarian job , as -I believe the "judicial activism" is a wrong lawless perception. -As conclusion doing on basic the logic and tenets of democracy society is seen that the "judisial activism" concept, the act of self nomination of court's(Ohr's) commission and its' inlogical recommendations was an experience of lawless intervene in parliamentary job. -The experiences doing for obtain more power, there is negation of egoistic interest with public interest. -After I hear all the famous men speeches in these conference, were enhanced my percerption about needs to check all dilemma verdict's comments by research a real cases by evidences and so go a right way. Then it will be a basically opposition to demagogy. For Contact me or GuestBook Click here -We ask to pay attention now: -What you read about -verdict CrAp 220/83 -It is the real impression of the "judicial activity". -Meanwhile the verdict is active and wait for victims. - As you familiar with verdict of two previous the court's ex-chiefs, as it give basis to guess that one of they were the real kindred fathers of the Israeli perception "judicial activity", ..may be there were other parents for long before. - Mister A. Barak de-facto has written on his name the child of others. (He no was first there!). A good people! -Please give your opinion on "judiciary activity" concept. Contact me.

-Next Time I will explain how occurs me incrimination by means of Haifa's judge and by the police. -Lawless! Helpless, -it liable case with everyone. -Read my message: -You need know how it cause. I wish say for the public attention, that all men hurt me, -could not busy in judges profession, him they do not know before that their wrong behavior go equivalent with wish of his administrator. -Please do not talk me of the court independence. -The judges that hurt me, -they know well who nominate him and what their nominator waits of them. -Dear citizen, 25 years I look for the justice but not found it in our court. I have tell you mach primers. Please wait the sequel. Sincerely Boris Dobrovensky.

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Update November 11, 1998