Freedom of Information requests were filed on the Judicial Authority in effort to complete the Human rights Alert Submission for the 2012 review of Human Rights in Israel by the United Nations, titled, “Integrity, or lack thereof, of the electronic records of the courts." The offices of MKs Galon and Hanin responded by declining to help in this matter. The office of MK Yehimovitch has not responded so far. Conditions that have emerged in the electronic records of the courts of the State of Israel undermine any ‘constitutional rights’ that have been construed by the Supreme Court during the same years, and pose a risk for the Israeli financial system.
View as PDF: http://www.scribd.com/doc/
Jerusalem, March 1 “Member of the Kenesset are neglecting their duties,” says Joseph Zernik, PhD, of Human Rights Alert (NGO). Dr Zernik filed requests for help by Members of Knesset Zehava Galon (Meretz), Dov Hanin (Hadash), and Shelly Yehimovitch (Labor), leaders of three opposition parties. [1]Help was sought in obtaining responses by the Judicial Authority on Freedom of Information requests, and in obtaining opinion of the Knesset’s Legal Counsel regarding the integrity of the electronic records of the Supreme Court of the State of Israel.
MK Galon and Hanin responded by declining to assist in this matter, and MK Yehimovitch has not responded so far. [1]
Freedom of Information requests had been filed by Human Rights Alert on the Judicial Authority, pertaining to authenticity and security of the electronic records of the Supreme Court: [2--6]
- The process and substance that led to the changes in certification authorities and patterns in 2001-2.
- Changes to Regulations of the Office of the Clerk (2004) by the Director of Administration of the Courts, if any, in the process of implementing the electronic record systems, particularly changes pertaining to certification by the chief clerks of the courts and maintenance of electronic court records.
- The ultimate administrative authority for the servers of the Supreme Court, who has held it in recent years, how it was established, and how it is transferred, and
- The origins and authorization for the online publication by the Judicial Authority of the 'Public Information Page - Authentication of Public Records (“Apostille”)'.
“The lawmakers in Israel are surprisingly timid with the judiciary compared with their US counterparts,” says Dr Zernik.
In 2008, Senator Dianne Feinstein (D), Chair of the Intelligence Committee and Member of the Judiciary Committee, and Congresswoman Diane Watson, both of California, filed on Dr Zernik’s behalf Congressional Inquiries on the US Attorney General and FBI Director, why they would not respond on request for equal protection of the 10 million residents of Los Angeles County against racketeering by State judges. [8]
The 2010 submission of Human Rights Alert to the UNHRC for the UPR of the United States later focused on racketeering by California judges in through large-scale false imprisonment and real estate and financial institutions fraud. The submission was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.” [8]
“The integrity of court records cannot be overemphasized,” says Dr Zernik, “it is essential for Due Process/Fair Hearing, and underlies any other Human Rights in the Universal Declaration, or Constitutional Rights that have been construed by the Supreme Court of the State of Israel over the past couple of decades.”
The UPR is a non-judicial, non-enforceable review procedure, established by the United Nations. Submissions by stakeholders typically also document the responses by national authorities, when deficiencies are discovered. “So far, the response by the executive, judicial, and legislative branches (including the State Ombudsman) of the State of Israel has been no response at all,” says Dr Zernik, “However, the response by Israeli scholars, both in computing and the law and by religious leaders is encouraging, compared to their counterparts in the United States.”
The draft Human Rights Alert 2012 submission on the State of Israel recommends, “Proposed solutions would have to draw upon civil society agents outside the legal profession, most likely computing experts and religious leaders. Truth and reconciliation commission may also be required, for the resolution of the disposition of the large number of missing and falsified court records from the past decade, and for investigation, whether judges/justices and/or senior officers of the Ministry of Justice have been involved in wholesale violations of their oaths of office.” [7]
Conditions in the US courts were shown to be tightly linked to the current financial crisis. [9] “Changes in the Israeli courts over the past decade also increase the risks to the Israeli financial system,” concludes Dr Zernik.
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LINKS:
[1] 12-03-01 Requests and responses by Members of Knesset: help in expediting response by the Judicial Authority on Freedom of Information requests, for opinion of the Knesset’s Legal Counsel shttp://www.scribd.com/doc/
[2] 12-01-19 Freedom of Information Request on the Administration of Courts: Records that shed light on the process and substance of the change, around 2001-2 in certification by the Clerk of judicial records of the Supreme Court of the State of Israel.
http://www.scribd.com/doc/
[3] 12-01-31 Freedom of Information Request for records of Courts Administration, pertaining to the ultimate administrative authority for the servers of the Supreme Court of the State of Israelhttp://www.scribd.com/doc/
[4] 12-02-17 Repeat Freedom of Information Requests on the Courts Administration of the State of Israel, re: a) Changes in certification by the Clerk of the Supreme Court, b) Ultimate administrative authority for servers of the Supreme Court-R-shttp://www.scribd.com/doc/
[5] 12-02-18 Freedom of Information Request, in re: Origins and authorization of the 'Public Information Page Authentication of Public Records (“Apostille”)' R shttp://www.scribd.com/doc/
[6] 12-02-22 Freedom of Information Request on the Administration of Courts: Changes to Regulation of Office of the Clerk 2004 by the Director of Administration of the Courts R s (Eng)http://www.scribd.com/doc/
[7] 12-02-29 Draft Human Rights Alert’s 2012 State of Israel UPR Submission: Integrity, or lack thereof, of the electronic records of the courtshttp://www.scribd.com/doc/
[9] 11-08-01 Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World Criminology Congress presentation http://www.scribd.com/doc/
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Draft Human Rights Alerts 2012 State of Israel UPR Submission: Integrity, or lack thereof, in the electronic record systems of the courts
Executive Summary
Allegations: Conditions, now prevailing in the electronic records of the national courts of the State of Israel, amount to violation of any article of the Universal Declaration of Human Rights, where integrity of the courts and the justice system is a prerequisite. Such violations undermine the rule of law. Likewise, prevailing conditions violate international treaties and conventions, to which the State of Israel is a party, including, but not limited to the Hague Convention (1961).
Evidence: Human Rights Alerts (NGO) Submission is narrowly focused on analysis of the electronic record systems in national courts (Supreme Court, district courts, detainees courts), in particular, public access to court records and integrity of the records, which are made accessible to the public. The analysis uses methods inspired by data-mining and zero-knowledge proofs; on consultations with Israeli law and computing experts as well as religious leaders; on media reports, and on attempts to obtain relevant public information or solicit investigation/corrective actions by relevant national agencies.
In 2001-3, discontinuities were found in the certification authority and patterns of the electronic records of the Supreme Court; numerous case files are missing altogether (a cardinal sign of judicial corruption, according to UN reports on Strengthening Judicial Integrity), and large number of records are falsified as to date and certification. Since then, the Supreme Court's electronic records have been published online unsigned and uncertified, subject to editing and phrasing changes.
The 2010 Ombudsman report (60b) noted various anomalies in development and implementation, and operation of the courts electronic record systems. Most anomalies point to compromised security.
Today, the Supreme Court refuses to certify its own decisions. An unsigned, undated apostille certification procedure, published online by the Judicial Authority, is opined as a fraudulent scheme, intended to simulate compliance with the Hague Convention (1961).* The Court routinely publishes simulated decisions, and conducts simulated review. Sealing is imposed in an arbitrary and capricious manner. The conduct of the Court is inconsistent with its own recent decisions on matters related to constitutional rights, due process rights, due notice and service, and public access to court records.
Freedom of Information requests, pertaining to the electronic record systems remain unanswered.
Conclusions: Precipitous deterioration in integrity of the electronic records of the courts of the State of Israel is documented over the past decade. Prevailing conditions should be deemed a failure of the legal profession, and undermines the integrity of the justice system, civil society and socioeconomic development.
Recommendations: Proposed solutions would have to draw upon civil society agents outside the legal profession, most likely computing experts and religious leaders. Truth and reconciliation commission may also be required, for the resolution of the disposition of the large number of missing and falsified court records from the past decade, and for investigation, whether judges/justices and/or senior officers of the Ministry of Justice have been involved in wholesale violations of their oaths of office.
The State of Israel is not alone in employing false electronic record systems in the courts to simulate the rule of law.
* For definition of Simulated Court Records [Ketav Bei Din le-Marit Ayin], Simulated Litigation [Halich le-Marit Ayin], see Online Appendix: Table of Contents, Submission, Overview Table, Links.http://www.scribd.com/doc/
The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report with a note referring to corruption of the courts and the legal profession and discrimination by law enforcement in California. The 2010 UN UPR report called upon the United States to stop executions, restore habeas corpus and close GITMO, abolish slavery, criminalize torture..._______~ If it ain't a Party, it ain't my occupation ~
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