Human Rights Alert (NGO)

Joseph Zernik, PhD "

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


11-09-12 Katzav v State of Israel (3372-11) Decision Denying Access per FOIA to
the May 18, 2011 Decision, as Served (if Served) on the State Prosecution
(Eng + Heb)

Attached:

# Record Page #
1 Katzav v State of Israel (3372/11) Decision Denying Access per FOIA to the May
18, 2011 Decision, as Served (if Served) on the State Prosecution (English)
2
2 Katzav v State of Israel (3372/11) Decision Denying Access per FOIA to the May
18, 2011 Decision, as Served (if Served) on the State Prosecution (Hebrew)
3

Brief Chronology:
1) Following the discovery of the Certificates of Service of the May 18, 2011
Decision, or absence thereof, attempt was made to ascertain, whether the May
18, 2011 Decision was ever served on the State Prosecution. Therefore, request
pursuant to the Freedom of Information Act was filed with the State Prosecution.
2) The State Prosecution denied the request, claiming that it required decision by
the Court to permit access to the record.
3) Follow up explanation, stating that the Supreme Court had already permitted
access to the same Decision, did not change the decision of the State
Prosecution to deny access to the record (if it exists at all).
4) Therefore, request was filed with the Supreme Court, to permit the State
Prosecution to grant the request, pursuant to the Freedom of Information Act.
5) The attached September 12, 2011 Decision by the Supreme Court denied the
request, instead referring the Requester to the copy of the May 18, 2011
Decision, as published online.

Upon review of the matter as a whole, a reasonable person is likely to conclude:
1) The sequence of events made it abundantly clear that the Request was in effort
to ascertain, whether the May 18, 2011 Decision was ever duly served on the
State Prosecution. Therefore, the Supreme Courts September 12, 2011
Decision, which referred the Requester to the online copy of the May 18, 2011
Decision, was irrelevant to the Request.
2) The Supreme Court and the State Prosecution jointly blocked public access to
the May 18, 2011 Decision, as served on the State Prosecution (if served at all),
in what is likely to have been a precedent in the practice of the Freedom of
Information Act in Israel, and a decision of dubious legal logic.


Digitally signed by
Joseph Zernik
DN: cn=Joseph
Zernik, o, ou,
email=jz12345@e
arthlink.net, c=US
Date: 2011.12.18
22:40:56 +02'00'
[Coat of Arms of the State of Israel - jz]

In the Supreme Court, Sitting as Court of Appeals for Criminal Matters


3372/11

Presiding: The Hon M Naor
The Hon A Arbel
The Hon S Jubran

Requester: Dr Joseph Zernik

Appellant: Moshe Katzav

v

Respondent: State of Israel

Request to inspect records, pursuant to the Freedom of Information Act, and for service
of a signed decision on instant request.

Requester: In pro se

Decision

The Requesters Requests for access to inspect have already been addressed in previous
decisions, and we have nothing to add to our decision, dated September 5, 2011, and the
Magistrates decision, dated August 4, 2011. As far as the Requester wishes to inspect
the May 18, 2011 Decision of the Court, he may find it in the online public access
system, where all decisions appear, which are permitted to be published.

The Request is therefore denied.

Issued this date, September 12, 2011.


[no signatures - jz]
Judge Judge Judge

[seal of the Supreme Court jz]




Version subject to editing and phrasing changes. 11033720_C31.doc
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