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עמותת אומ"ץ - מלכ"ר למען מנהל תקין וצדק
חברתי ומשפטי, נאבקת כנגד הקשר ההדדי בין הון ושלטון - נגד השחיתות הגואה במדינה,
למען שוויון בפני החוק, ולבלימת התופעה המדאיגה של
ריבוי אזרחים נחותים.

דפי אינטרנט אלו, הכתובים רובם באנגלית, נועדו להבהיר לציבור (בעולם) את
דעת הכותב על מצב הדמוקרטיה בישראל.
אין צורך "בתורת קונספירציה" גלובלית,
שכן קצה הקרחון (הגלוי לעין כל) מגלה כי מספיק שקבוצות קטנות של בעלי כח
ישלטו בעולם גם אם הן לא משתפות פעולה ביניהן.

קשירת קשר (או קנוניה) היא דרך בה נוקטים אנשים בעלי עניין במטרה להשיג
דבר שלא ניתן היה להשיגו בדרך אחרת. אנשים אשר יש בידם כח ואמצעים נוטים
להשתמש לרעה בקנוניה. לפעמים הם "מתכמנים" במסתרים ולפעמים הם עושים דברים
בניגוד לחוק. ואם הם "חכמים", הם יודעים לנצל את הלאקונות בחוק, או את החוק
אשר באופן מובנה ובמוצהר איננו שווה לכולם.

ההיסטוריה האנושית מלאה בחשיפת קנוניות של בעלי-כח כנגד חלשים.
בהפקרוקרטיה הישראלית מנצלים בעלי השררה את כוחם בחשאיות המוענקת להם על פי
דין. וכך הם פועלים כנבלים ברשות החוק. אנשים חזקים בישראל, אשר השתמשו לרעה
בכוחם כדי להשיג מטרות זרות הם בעלי הון, כגון: האחים עופר, סמי שמעון, אריה גנגר ואח'. מצד השלטון סייעו
בידם (בין במישרין ובין בעקיפין), אליקים רובינשטיין, אהרון ברק, אריק שרון וכד'. - אריה דרעי, שלא היה
מעולם טלית שכולה תכלת הוא רק "דוגמית" ונבחר כשעיר לעזזאל ע"י הנבלים ברשות
החוק.

המענה ההולם למערכת המאפשרת קשירת קשר היא שינוי מבנה ושינוי חוקים ונהלים
ומעל לכל אכיפתם ללא משוא פנים.

דף זה נכתב ע"י דורון טל בשלהי שנת
1997 ועודכן במהלך השנים.

כיום הכותב הוא חבר פעיל בעמותת אומ"ץ. אין
באמור באתר זה משום הבעת דעה רשמית של חברי עמותת
אומ"ץ.

Depublic of Corruption

Republic means returning the power to the
public.  On the same token, Depublic would
be taking the power from the public. . . but, there is still hope !

My 2 cents about our fake
democracy

Those who have the power at their hands deem us as their subjects,
although they should be our servants.  How do
they manage to rule us almost absolutely, yet call it
democracy?  Please take your time and try to understand my
criticism about the roots of this evil.  Although I am focusing on
Israel, some of the notions herein might have a common pattern with other
western democracies.

What is wrong within the Israeli democracy?

There is NO CONSTITUTION.

The basic law is incomplete.

There is inherent discrepancy within the
vague law.

is it intentional?   I think it is!

Norms of wartime continue to exist in Israeli law, as if we were
still back in 1948, in a state of emergency.

Israeli Courts are abusing their ultimate power to
rule; occasionally they rule verdicts wrongly,

a. abusing precedent cases, or

b. prejudiced by
their political affiliation, while

there are no proper procedures and
regulations.

(I have examples but unable to review them all
in this context.)

The Israeli police is practically useless
when it comes to protection of the individual person (unless such a
person is preferred by the rulers).

There is not enough separation of powers
as required in a theoretical democracy.

The Israeli ethos disregards the economy of
bribe that twists its social norms.  Politicians and high
ranked officers can easily, and some of them do plunder public resources
for their private
benefit.

Pattern of
corruption in Israeli Governments

Commencing with the last item, the economy of
bribe or economy of corruption hinders
the proper allocation of resources in Israel.  High tax rates with
special provisions for tax shelters, the unilateral transfer of billions
to special interest groups, the inflated pompous public service sector are
all twisting the norms of our society.

Anyone who reads the verdict of Arieh Deri's trial would realize that
Deri had been bribed getting State budget monies.  Still the court has deliberately evaded the question who exactly was
bribing Deri, because those monies should have been properly
controlled by the State.  And there is another question, why had Deri
joined the IDF (Israeli Army) for merely four months?  This is
because he had planned to become a State employee (none may be a State
employee without serving a military service).  Moreover, during his
short military service Deri maintained the capacity of secretary of
his political party. . . but if so, why they lastly went after him?

The clue might be the "stink manoeuver" in 1990, when Arieh Deri
betrayed his comrades in the labor party, cooperating with the
Likud.  To keep this story short, the pet of the
Israeli Mafia became the Godfather . . .

Lack of a
Constitution

For over fifty years the Israeli Parliament - the
Knesset - has failed to constitute what this country needs most of all
- A CONSTITUTION.  I think that if responsibility for ratifying a
constitution is left to our parliament then the task will never be
completed.

The
Law

Recently the increase in privately-sponsored legislation, as opposed to
government-sponsored legislation, is a positive trend.   More than
half of the laws (a hundred and ninety) passed in the recent fourteenth
Knesset, are the result of private bills.  Previously, most of the
laws had been proposed by the government.   Unfortunately, private
legislation often becomes a tool used by the legislator to promote self
interests, at the expense of the public welfare and the principles of
social justice.  Moreover, some of the bills that are voted hastily
by a very small number of MKs (Knesset Members).  Consequently some
of these are incomplete or improper statutes, but the damage caused would
be apparent in the future, when these would become dead letters.

Internal
Committees

Additionally, the Knesset abuses its internal
committees some of them act behind closed
doors quite far away from the public.  As alleged above, the
MKs are busy in their internal affairs and their selfish bargaining.
Likely their ultimate goal is their private advantage over the rest (at
least for the most of them).  When I say "the rest" I mean not only
of MKs direct political opponents in the parliament, but the general
public.  Undeniably the Knesset has given an immunity to its members.
. .

Some top bureaucrats and corrupt politicians
who betray the public trust allocate state
resources to their cronies, yet they remain within the consensus.
The courts are mostly lenient and the public forgives consequently.
In my opinion, whatever a case, the phenomenon of corruption must be
thoroughly exposed and banned.  Unfortunately the Attorney General also evades dealing with top
priority issues (Deri case could be an exception).

Separation of
Powers

Separation of powers isn't merely a technical matter, it is a principle
- the basis for any democracy.  Naturally, the legislative and the
judiciary branches would contend with respect to the correct level of
mutual interference.  Recently however Israeli Parliament (Knesset)
speaker (Dan Tichon) sharply blamed the Supreme Court President (Aharon
Barak), alleging that the Court has intervened in Knesset activity.
Has Tichon attempted to neutralize someone who has the power to disrupt
the culture of corruption that has evolved in Israel?

In 1981, Hon. Judge Aharon Barak had set the standard that the Supreme
Court will intervene in Knesset decisions "only under extraordinary
circumstances, when a decision appears to essentially damage the
foundations of the parliamentary regime."
Has the
Supreme Court acted accordingly?

The former Justice Minister Dan Meridor responded to Dan Tichon's
words: "any decent man knows that our problems are not just of judicial
activism, but of Knesset passivity.  For
decades, members of the Knesset have not done the minimum which, among
other things, they were elected to do.  They have never protected the
citizens from the arbitrariness of the administration, but the Supreme Court has done so.  The Knesset
should complete the Israeli CONSTITUTION -- not to contest the Supreme
Court."

I (page owner) would agree that the Supreme Court has partly protected
the citizens, but it was done on a quite selective basis, as I illustrate
elsewhere in this web-site.  The Knesset has theoretically undertaken
not to involve itself in issues that are under deliberation in the
courts.  In reality however there is not enough separation of
powers.

Examples:

Prime Minister Benjamin Netanyahu likely interfered in a pending
legal proceeding.  Before a verdict was given he said about Nachum
Manbar: "This man is a criminal who did something horrible, the likes of
which I don't recall in all the history of the state."

The President of the Supreme Court, Aharon Barak, also demonstrated
a double standard with respect to the
separation of powers.  Barak explained on March 26, 1998, in a talk
on IDF Radio, what he believed as improper relations that could exist
between him and the legislators.  It happened after he had turned
down Shas request that he meet with them.  The pending issue was a
scandal regarding Shas leader, Aryeh Deri MK, the defendant in a
criminal case against whom additional indictments are being worked
out.  Regardless, there was a meeting held in March 1998, between
several Supreme Court justices and a subcommittee of the Knesset to
promote the status of women generated a feeling of an intermixing of
domains, which should only come into contact through judgments.

Another example for the Supreme Court Double
Standard was demonstrated in the third week of July 1998.
Hon. Judge Aharon Barak delivered a speech, referring inter alia to what
the press has dubbed the "Strasnov Affair."   Then Barak literally
mentioned "unethical judicial behavior" of Justice Amnon Strasnov and/or
Amnon Zichroni, the defense attorney in the Manbar case.  This
speech however was made at the time the police was still investigating
the alleged criminal actions.  Hadn't this statement of Judge Barak
been interfering with the investigation of
the Executive Branch before it was concluded?

Hypocrisy is illustrated by a petition filed by PSI
(don't miss this letter).

In my opinion and based on the above examples (as well as many other
cases) the boundary lines seem to be quite vague.  The Supreme Court
likely decides differently each case, according to its political
preferences.  Neither the Knesset nor the Court nor the Executive
Branch do really care about the required clear separation between them -
in contrast to the impression they created among the public.

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Is the Court
trying to take over?

Retiring Supreme Court Justice Eliezer Goldberg has (June 1998)
rejected attacks on the court.  He warned of the dangers inherent in
the idea that the court was seeking to accumulate power and acted as a
super-government.  From his words and based on the double standards
of this court (illustrated above) I
conclude that the Israeli Supreme Court is likely seeking to take over,
abusing its powers.

Now let's further focus on some technical aspects of the Israeli judiciary system.  For an example, a
protocol in any Israeli Court is written by an employee of the court and
directly supervised by the presiding judge.  Practically such a
reporter cannot be impartial, although theoretically he or she should act
like a recording machine.  Consequently, Israeli Judges would
occasionally formulate the wording of the parties.  Moreover, Israeli
Courts practically twist the protocol in favor of a pre-selected
party.  A motion to amend the protocol is "mission impossible",
unless there are undeniable typos.  Unfortunately, I have observed
Israeli courts ruling decisions without practically listening to a
party.  I hold some examples, when published by me would prove beyond
any doubt that some Israeli courts have manufactured decisions
ex-parte.

Each year, thousands of interns and lawyers pass through the revolving
door of the Israeli legal system.  An intern who clerks for a judge
this year may represent a client in whose name he or she must appear
before that same judge the next year.  Likewise an intern working for
an attorney this year may face him or her in court next year.  There
is no chilling period whatsoever.
Moreover, the interns are writing out the (judge's) decisions.
Although they present a draft, often the judges make little or no
changes.

The theoretical approach in the Israeli judiciary is that the openness of the proceedings is a basic value with
very heavy judicial and social weight.  Although Israeli courts
recognize the right of the public that a proceeding be open, in reality things are quite far from this.

A Pro Se litigant in a civil court or a
defendant in a criminal lawsuit may not practically defend his or her
rights.  It is common to hear a judge teasing a pro se party, "hire a lawyer!"   Otherwise, how could Israeli
lawyers survive if people won't hire them?

Have you known that in Israel there is a lawyer for
every three hundred citizens?   There are over 20,000 lawyers
serving less than 6 millions people.  That is many times more than in
any normal country on this planet!   This is likely an extension of
the joke: "In a small town, one lawyer would starve
but two lawyers would do a fortune."   Israel apparently is
nothing more than a corrupted town with too many
lawyers.  Each and every year there are over one million
lawsuits filed by less than six millions people.  The number of
judges however is quite low.  There are about four hundred and thirty
judges in all Israeli courts altogether.

Still our judicial system enjoys an astonishing amount of trust.
In their book, "Between Agreement and Conflict," Professors Yochanan Peres
and Efraim Yaar-Yochtman report that eighty-five percent of the Israeli
public has full confidence in the Supreme Court.

Recently the president of the Supreme Court (Hon. Judge Aharon Barak)
stressed that judges personal protection, as a condition for preserving
the democratic character of society.  The current intolerable
situation may reflect that at least the criminal part of the Israeli
society quite despises the courts.  However, the criminals are not
the only part of society that protested against the apparent corrupted
justice system.  A lack of confidence toward this system is reflected
in the behavior of some public officials, who likely know the truth.
The Chairman of the Israeli Bar Association - Dror Choter Yishai - said
extremely strong words against a judge who had found him guilty of tax
offenses.  Later he won his appeal at a higher court.
Nevertheless the Attorney General - Elyakim Rubinstein - has charged him
on July 14, 1998, for the contempt of the Judicial System.

The Attorney General and the Chief Prosecutor are also
prejudiced.  They solely act for their own benefit.  They had
chosen to appoint the two prosecutors in the Manbar trial as the advisors
to the police investigators, over their own actions inter alia.  The
Movement for Quality
Government petitioned before the Supreme Court, against the State
Attorney and consequently the nomination of these two prosecutors as
advisors to the police was canceled.  Still it has not prevented the
Chief Prosecutor, Edna Arbel, to criticize this legitimate petition,
implying that it was as an attempt to "undermine the
stability of the judicial system."

"Ha`aretz" supplement of October 31, 1997, reported that Miriam
Rubinstein, the wife of the Attorney General, Elyakim Rubinstein, has been
the head of the civil department of the State Attorney.  Is
Rubinstein the yes-man of the corrupted
establishment?
Is our State his family
business?

My petition before the Supreme Court, BAGATZ 3434/98, was challenging inter alia this improper
affiliation.  My own
case is focusing on corruption and a retaliation against a Whistle
Blower - that's me.  A high ranked
officer at RAFAEL (Israeli Armament Development Authority) have gotten
rid of me, because I was exposing
corruption in the Missiles Division at RAFAEL.

I found myself a retired
physicist at age of forty six, practically unable to be hired by the local
hi-tech industry.  In RAFAEL they defamed
me by a libel
made of M.L. ENERGIA, Inc. a New Jerseyan firm, likely an affiliate firm
of RAFAEL that illegally employed me in the United States.  My legal
actions with respect to this matter were initially invoked in the
United States in 1991.  An Administrative Court of the Executive
Office for Immigration Review has ruled (OCAHO Case No. 92B00143) that
M.L. Energia, Inc. was likely a business partner to RAFAEL.

Now there are pending cases in Israel.  Thus I became acquainted
also with the Israeli corrupted legal system.  For example, the
Israeli National Labor Court barred me from suing RAFAEL in this
regard.  I would allege that Hon. Judge Aliassof wrongly used a
precedent case, also he likely failed to read my request to appeal Case
No. 9-67/98.  He listened to the blatant lies of the State Attorney
unilaterally, without letting me to challenge them.  I consider to
file another petition before the Israeli Supreme Court, although I don't
believe they would like to deal with my allegations.

In conclusion, I hold tangible evidence for all my allegations.
None is a gossip or hearsay.  Most of the alleged claims would be
published on this web-site at the proper time.  Additionally I wish
to emphasize that the government should remember that when justice leaves
the courtroom, hopes would turn elsewhere.

Sincerely,

Doron Tal
Stop Abuse of Powers
"Half of what
I say is meaningless, but I say it so that the other half may reach
you."
- Kahlil Gibran (1883-1931) [Sand and
Foam]

Read about the Judicial
points in Yigal Amir's trial.    The evidence was always there.

Israeli Justice
"Judicial
Activity"
Constitution for Israel
"Insufficient Evidence"
Public Corruption PNA

What do you think about
MQG ?

Who is the major financing entity behind this said
"NGO"?

The right of people comes before the profits and interests
of lawyers!

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Webmaster Comment: "If it were the truth and nothing but the truth I
would have forgiven them"
read a PDF file, pretending speach of Edna Arbel,
Israel State Attorney, Ministry of Justice, State of Israel

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Written 1997, revised July
2004

Copyleft1997-2004 Doron A. Tal - anyhow my rights
were lost...         ... דורון טל -
זכויותי ממילא אבודות