Tuesday, December 18, 2012

12-12-18 PRESS RELEASE - Large-scale fraud in the Israeli courts' new electronic record systems is detailed in a paper, peer-reviewed by CYBERLAW 2013


The paper documents large scale fraud in the Israeli courts, including but not limited to Net HaMishpat.  The systems enable the deprivation of Due Process and Access to the Courts through the conduct of simulated litigation. The systems also violate the respective laws of the State of Israel, pertaining to the administration of the courts. The paper was subjected to anonymous peer-reviewed and was accepted by CYBERLAW 2013, a law and technology conference.  Two weeks after acceptance the paper was "rejected" through a dubious procedure by a self-identified "volunteer" and "logistics" of the organizers, IARIA – the International Academy, Research, and Industry Association.


[pics]
Net HaMishpat – the electronic record system of the Israeli  district courts.


Jerusalem, December 18 –  a paper, documenting large-scale fraud in design and operation of the new electronic record systems of the Israeli courts (including, but not limited to Net HaMishpat) was subjected to anonymous peer-review and was accepted for publication by CYBERLAW 2013, an international law and technology conference. [1]
The paper, authored by Joseph Zernik, PhD, of Human Rights Alert (NGO) documents how the electronic record systems of the courts enable the deprivation of Due Process and Access to the Courts through the conduct of simulated litigation.
Papers by the same author on similar subjects were previously peer-reviewed and published in international technology and criminology journals.  The current paper, the first to be reviewed by legal experts, adds case studies from recent years and legal analysis of the fraud in the electronic record systems of the courts, relative to the law of the State of Israel. 
Records from several cases are presented to document the outcome of such practices in the administration of justice, including the case of the self-immolated, social protest activist Moshe Silman.  The evidence shows that he was subjected to simulated litigation in the Tel Aviv District Court, where he filed a complaint against the Social Security Administration. [3]
Conduct of simulated litigation has also been recently documented in the Supreme Court of the State of Israel, in a case pertaining to banking regulation. [4]
Both the Supreme Court and the district courts:
·         Deny access by the public and by parties to dockets (list of records entered into registration in a given court file);
·         Routinely serve decisions that are not signed by a judge and not authenticated by a clerk.  
The case of Moshe Silman also documents how the Tel-Aviv District Court maintains double-books: Some decisions are served (unsigned), others are registered in the case management of the Court but never served, and listing of court decisions in the public access system is selective.
The paper proposes that such conditions in the courts are key violations of Human Rights of the People of the State of Israel.
The new electronic record systems, reviewed in the paper, have been implemented over the past decade. According to the Israeli State Ombudsman's Report (2010), two large, US-based corporations, IBM and EDS, were involved in the project in violation of the law of the State of Israel: Contracts were awarded with no bidding and the systems were developed with no written specifications, with no core supervision and no inspection of the final product by State employees.
The current paper offers far-reaching conclusions: In civilized societies, where separation of the powers of the branches of government is established by law, and where no court is permitted to enact its own rules of operation, no court should be permitted to develop and implement its own electronic record system.  
Two weeks after acceptance of the current paper by CYBERLAW 2013 through anonymous peer-review, the paper was "rejected" through a dubious procedure by a self-identified "volunteer" and "logistics" of the organizers, IARIA - the International Academy, Research, and Industry Association. [2] Concomitantly, the author, Dr Joseph Zernik, PhD, of Human Rights Alert (NGO), was invited by the same organizers to participate in two discussion panels in the same conference.
In response, Dr Zernik forwarded his objection to the latest notice of rejection by IARIA and asked for corrective actions by IARIA elected officers. [2] In his December 15th letter, Dr Zernik notes that rejection through an ambiguous procedure of dubious authority was employed to overturn the acceptance through anonymous scholarly peer-review;  that the reasons, which are now provided for the rejection, are in part invalid, and in part ludicrous, and that conduct of IARIA amounts to effective censorship of novel, peer-reviewed report, which details large-scale fraud in the electronic records of the courts.  Response by the organizers indicates that 'a committee is organized to revisit the articles'.
The 2012 submission of Human Rights Alert (NGO) to the Alert to the Human Rights Council (HRC) of the United Nations is likely to be a first – based on data mining and analysis of electronic record systems of the justice system of the State of Israel. [5-9]
The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was in part based on analysis of the fraud in the electronic records of the Superior Court of California, County of Los Angeles, and the Los Angeles County Sheriff's Department.  The submission was reviewed and incorporated into 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.” [10] 
Corruption of the courts in the United States is increasing recognized as a central cause in undermining banking regulation and the current socio-economic crisis. (see quotes below)
LINKS:
[1] 12-10-19 Integrity, or Lack Thereof, of the Electronic Records of the Courts of the State of Israel – CYBERLAW 2013 paper - peer-reviewed and accepted
[2] 12-12-15 Correspondence with IARIA CYBRALAW 2013 re acceptance of paper documenting large-scale fraud in the electronic records of the Israeli courts
[3] 12-11-24 PRESS RELEASE – Self-immolated social protest activist Moshe Silman and t he Tel-Aviv District Court – double books in Net HaMishpat (Heb + Eng)
[4] 12-12-11 PRESS RELEASE – FATCA, Stanley Fischer in the High Court of Justice of the State of Israel – notice of withdrawal from incompetent process
[5] 12-05-10 Human Right Alert,  Appendix I to Submission; 15th UPR - State of Israel - "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel"
[6]  12-07-18 Human Right Alert, Appendix II to Submission; 2013 UPR of the State of Israel - "Additional Responses by National Authorities/Experts, Re: ComSign, LTD - sole certifier and hacker of the digital signatures of the State of Israel".pdf
[7] 12-10-10 Human Right Alert, Appendix III to Submission; 2013 UPR of the State of Israel - "Integrity, or lack thereof, in the electronic record systems in the courts of the State of Israel - peer-reviewed and published in Data Analytics 2012"
[8] 12-10-11 Human Right Alert, Appendix IV to Submission; 2013 UPR of the State of Israel - "The case of Moshe Silman"
[9] 12-10-15 Human Right Alert, Appendix V to Submission; 2013 UPR of the State of Israel - "Integrity, or lack thereof, in the electronic records of the Bank of Israel-Banking Regulation Consumer Complaint procedures"
[10] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States, where Human Rights Alert (NGO) submission was incorporated with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California."
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Joseph Zernik, PhD
< josephzernik@humanrightsalertngo.org>
Sent from "1984", Iceland-based Internet Service Provider
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Human Rights Alert (NGO)   
* United States - the 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed 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.”  
[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States, where Human Rights Alert (NGO) submission was incorporated with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California."
* State of Israel  - the 2012 submission of Human Rights Alert to the HRC, titled, "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel', is scheduled for review in January 2013.
[1] 12-06-04 Human Right Alert's Submission;  2013 UPR of the State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel
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Human Rights Alert online:  
http://inproperinla.blogspot.com/   
Flag Counter: 145
http://www.scribd.com/Human_Rights_Alert
Total Reads: 1,007,042
Followers: 1,640
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Occupy! 
11-12-10 Where should Occupy go next? Civil Disobedience in the footsteps of Thoreau and Gandhi!
http :// www.scribd.com/doc/75348301/
Get Up, stand up, stand up for your rights! 
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Take away justice, then, and what are governments but great bandit bands?
Saint Augustine, Civitas Dei (City of God,4.4) 
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WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
 "I think it's difficult to find a fraud of this size on the U.S. court system in U.S. history," said Raymond Brescia, a visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. "I can't think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Reuters (Jan 22, 2012)
http://www.scribd.com/doc/79572282/
* Foreclosure fraud: The homeowner nightmares continue” CNN (April 7, 2011)
* 
About 3 million homes have been repossessed since the housing boom ended in 2006… That number could balloon to about 6 million by 2013” Bloomberg (January 2011)
* 
"...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." Prof Paul Krugman, MIT (2011)
http://www.scribd.com/doc/50753639/
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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
* 
"...judges tried and sentenced a staggering number of people for crimes they did not commit." 
Prof David Burcham, Dean, Loyola Law School, LA (2001) 
http://www.scribd.com/doc/29043589/
* 
"This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."   Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) 
http://www.scribd.com/doc/27433920/
* "Innocent people remain in prison"
* "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..." LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306 /
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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
* "...corruption of the courts and the legal profession and discrimination by law enforcement in California."  United Nations Human Rights Council Staff Report (2010)
http://www.scribd.com/doc/38566837/
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WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?
* 
"On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."  Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert 
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WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE?
* 
"What goes on there is more like gulags of centuries ago." ACLU
http://www.scribd.com/doc/72546279/
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WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?
* 
"More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others." More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) 
http://www.scribd.com/doc/49586436/
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WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM? 
* 
"The American legal system has been corrupted almost beyond recognition..."  Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
http://www.scribd.com/doc/50137887/
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WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?
* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice. Transcript of Senator Leahy speech (2009)
http://www.scribd.com/doc/38472251/
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All comments are welcome... especially any tips regarding corruption of the courts in Los Angeles. Anonymous tips are fine. One simple way to do it is from internet cafes, etc.