Human Rights Alert (NGO)

Joseph Zernik, PhD

"
PO Box 31440, Jerusalem 91313, Israel; jz12345@earthlink.net ; 91313 ,31440 "

11-09-11 Katzav v State of Israel (3372-11) Request to Permit the Ministry of Justice to
Permit, Pursuant to the Freedom of Information Act, Access to the May 18, 2011
Decision as Served on the State Prosecution (if served at all) (Eng + Heb)
Attached:
#
1
2

Record
Katzav v State of Israel (3372/11) September 11, 2011 Request (English)
Katzav v State of Israel (3372/11) September 11, 2011 Request (Hebrew)

Page #
2
6

Brief Chronology:
i.
The Requester is in possession of an unsigned copy of the decision, as published in the
online public access system of the Supreme Court.
ii.
The Requester has previously filed requests to inspect this court file, which were granted,
including requests to inspect the May 18, 2011 Decision as it appears in the Supreme
Courts file and the respective Certificates of Delivery.
iii.
In parallel, on July 11, 2011, the Requester filed an application, pursuant to the Freedom of
Information Act, with the Ministry of Justice, for a copy of the Decision as served on the
State Prosecution (if served at all). (Exhibit 1)
iv.
The August 14, 2011 Response by the Ministry of Justice denied the Request pursuant to
the Freedom of Information Act, claiming that the request must be filed with the Court, as a
Request to Inspect court file record. (Exhibit 2)
v.
On September 2, 2011, the Requester applied again to the Ministry of Justice, pursuant to
the Freedom of Information Act, asking that the Ministry reconsider its response, or provide
a more detailed explanation for the denial. (Exhibit 3)
In this repeat application, the Requester explained that he had already filed request with the
Supreme Court, which had been granted, to inspect the Decision and the respective
Certificates of Delivery (if they existed), as they appear in the Supreme Courts file, to be
distinguished from the copy of the Decision, as it appears online (already in his possession),
and also to be distinguished from the copy of the Decision, as served on the State
Prosecution (if served at all).
vi.
On September 2, 2011 the Ministry of Justice responded on the September 2, 2011 repeat
application, stating that the Ministrys August 14, 2011 response speaks for itself. (Exhibit
4)
vii.
The Requester holds that the Ministry of Justice was required, pursuant to the Freedom of
Information Act, to provide a copy of the requested record (if it existed), or state that the
record was not in its possession. However, the Requester is neither an attorney, nor a legal
scholar.
.viii
Therefore, following the opinion of the Ministry of Justice in its response on the
application, the Requester asks that the Court would permit the Ministry of Justice, pursuant
to the Regulation, above, to provide the Requester a copy of the May 18, 2011 Decision, as
served on the State Prosecution (if served at all), or alternatively, state that the record is not
in its possession.

The Supreme Court

Request to Inspect Court File (Regulation 4 (c))

1. Requesters Details:
Name:
ID:
Address:
Tel:
2. Court File Details:
Case #:
Case Caption:
Records to be Inspected:

The Supreme Court

UNREPRESENTED PARTIES DIVISION
September 11, 2011
RECEIVED/INSPECTED
Signature: __[sig - jz__________

Dr Joseph Zernik
05263459-6
PO Box 31440, Jerusalem 91313
052-518-3114
3372/11
Moshe Katzav v State of Israel
a) The May 18, 2011 Decision, as served on the State Prosecution (if
served at all.

3. Purpose and Justification of the Inspection:

a. Academic Research
b. Full understanding of the records
c. Ruling of the Supreme Court on the issue itself [access per FOIA
jz]
4. Relationship of the Requester to the Case (please list any direct or indirect relationship):
a. Research
b. Appeal in Zernik v State of Israel (6041/11)

September 11, 2011

_________
Date
Attached:
1. Printed copy of the request
2. 4 Exhibits

[signature jz]
Signature

[digital signature - jz]

In the Supreme Court in Jerusalem

3372/11
Moshe Katzav
V
State of Israel
Request for Inspection (Regulation 4(c)), pursuant to the Freedom of
Information Act, and for Due Service of a Signed Decision on Instant Request
To the Honorable Court and the Parties in the case:
The undersigned herein files a Request for Inspection (Regulation 4(c)), pursuant to
the Freedom of Information Act, and for Due Service of a Signed Decision on Instant
Request.
I.

Request for Inspection

1.
Requesters Details:
Name:
ID:
Address:
Tel:
2.
Court File Details:
Case #:
Case Caption:
Records to be Inspected:

3.

Dr Joseph Zernik
05263459-6
PO Box 31440, Jerusalem 91313
052-518-3114

3372/11
Moshe Katzav v State of Israel
a) The May 18, 2011 Decision, as served on the State
Prosecution (if served at all.

Purpose and Justification of the Inspection:

a) The Requester has published in recent years academic papers regarding case
management systems of the courts and prisons, and also presented such
studies in computer science and criminology conferences. The Requester
intends to publish a paper regarding the case management and public access
systems of the Supreme Court in general, and regarding this court file in
particular.
b) The Requester wishes to understand the records in this case unambiguously:
i.
The Requester is in possession of an unsigned copy of the decision,
as published in the online public access system of the Supreme
Court.
ii.
The Requester has previously filed requests to inspect this court
file, which were granted, including requests to inspect the May 18,
2011 Decision as it appears in the Supreme Courts file and the
respective Certificates of Delivery.
iii.
In parallel, on July 11, 2011, the Requester filed an application,
pursuant to the Freedom of Information Act, with the Ministry of

Justice, for a copy of the Decision as served on the State

Prosecution (if served at all). (Exhibit 1)
iv.
The August 14, 2011 Response by the Ministry of Justice denied
the Request pursuant to the Freedom of Information Act, claiming
that the request must be filed with the Court, as a Request to
Inspect court file record. (Exhibit 2)
v.
On September 2, 2011, the Requester applied again to the Ministry
of Justice, pursuant to the Freedom of Information Act, asking that
the Ministry reconsider its response, or provide a more detailed
explanation for the denial. (Exhibit 3)
In this repeat application, the Requester explained that he had
already filed request with the Supreme Court, which had been
granted, to inspect the Decision and the respective Certificates of
Delivery (if they existed), as they appear in the Supreme Courts
file, to be distinguished from the copy of the Decision, as it
appears online (already in his possession), and also to be
distinguished from the copy of the Decision, as served on the State
Prosecution (if served at all).
vi.
On September 2, 2011 the Ministry of Justice responded on the
September 2, 2011 repeat application, stating that the Ministrys
August 14, 2011 response speaks for itself. (Exhibit 4)
vii.
The Requester holds that the Ministry of Justice was required,
pursuant to the Freedom of Information Act, to provide a copy of
the requested record (if it existed), or state that the record was not
in its possession. However, the Requester is neither an attorney,
nor a legal scholar.
viii. Therefore, following the opinion of the Ministry of Justice in its
response on the application, the Requester asks that the Court
would permit the Ministry of Justice, pursuant to the Regulation,
above, to provide the Requester a copy of the May 18, 2011
Decision, as served on the State Prosecution (if served at all), or
alternatively, state that the record is not in its possession.
c) Additionally, the Requester asks that the Supreme Court rule on the
requirement of any government ministry, pursuant to the Freedom of
Information Act, under the specific circumstances:
i.
Request, pursuant to the Freedom of Information Act, addressed to
a government ministry, pertaining to court decision, as served on
the government ministry,
ii.
In a case, where there is no sealing of the case,
iii.
Where the Decision has already been published by the court in the
online public access system,
iv.
The signed Decision and the respective Certificates of Delivery (to
the degree that they exist), as they appear in the paper court file,
were already permitted for inspection by the court itself.

4.

Relationship of the Requester to the Case (please list any direct or indirect
relationship):
a) The Requester filed an appeal, originating in this case, under Dr Joseph
Zernik v State of Israel (6041/11).
b) The Requester intends to publish an academic paper regarding the Supreme
Courts case management and online public access systems in general, and
this court file in particular.

II.

Request for Due Service of a Signed Decision on Instant Request

5.
Purpose of the Request:
In other cases, the Requester has been previously served with unsigned decisions, or has
not been served at all, although the decisions appeared in the online public access system
of the Supreme Court. Therefore, the Requester asks that the decision on instant request
be served on him at the address provided above.
III.
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:

Exhibits
July 11, 2011 Application, filed with the Ministry of Justice, pursuant to
the Freedom of Information Act.
August 14, 2011 Response by the Ministry of Justice on the Application.
September 2, 2011 repeat Application by the Requester, filed with the
Ministry of Justice.
September 2, 2011 Response by the Ministry of Justice on the repeat
Application.

Dated: September 8, 2011

[signature -jz]

______________
Dr Joseph Zernik
PO Box 41330, Jerusalem 91313
Tel: 052.508.3014
jz12345@earthlink.net
____

Digitally signed by Joseph

Zernik
DN: cn=Joseph Zernik, o, ou,
email=jz12345@earthlink.
net, c=US
Date: 2011.09.08 11:06:04
'+03'00

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_____________

GMAIL LOGO

x y 123456xyz@gmail.com

Request pursuant to the Freedom of Information Act pertaining to Moshe Katzav v State of
Israel (3372/11) in the Supreme Court of the State of Israel.
1 message
JZ 123456xyz@gmail.com
To: hofesh.meida@justice.gov.il
Cc: Dorit Avramovitch

Mon, Jul 11, 2011 at 10:46 PM

Attorney Michal Teneh

In charge of Freedom of Information
Salah A-Din Street 29, Jerusalem
Tel: 02-6466321
Fax: 02-646708
RE: Request pursuant to the Freedom of Information Act pertaining to Moshe Katzav v State of Israel
(3372/11) in the Supreme Court of the State of Israel.
Dear Attorney Teneh:
Please accept this request pursuant to the Freedom of Information Act.
Initial payment was made in the Ministry of Justice web site.
Certificate of payment 4312, customer code: jsp3vjg51tzac0dh
Instant request is for court records, which are decisions of the Supreme Court of the State of Israel and the respective
Certificates of Service, as served on the State of Israel by the Supreme Court, in the case referenced above:
1)
2)
3)
4)

Moshe Katzav v State of Israel (3372/11) Decision dated May 18, 2011;
Certificate of Service of the above Decision;
Moshe Katzav v State of Israel (3372/11) Decision dated May 9, 2011;
Certificate of Service of the above Decision;

Please inform me by email in case additional information or additional payment are required.
Gratefully,

Dr Joseph Zernik
Cell: 052-508-3014




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