[Hebrew below // עברית להלן]
Under the case
of self-immolated, social protest activist Moshe Silman, Magistrate Avigail
Cohen was pressed three times and refused three times to rule on: a) validity,
or lack thereof, of court decisions that are purportedly signed using invisible
electronic signatures, b) request for certification of her own previous
decisions in the same case, and c) request for the appointment record of
"Chief Clerk" Kobi Bleich. Magistrate
Cohen's conduct is opined as fraud on the court and on the requester. It is also part of the fraud perpetrated on
the late Silman in the Tel Aviv District Court, and the large-scale fraud on
the people of the State of Israel in implementation of new electronic record
systems in the courts over the past decade.
According to the 2010 State Ombudsman's Report, two large US-based
corporations – IBM and EDS – were involved in development and implementation of
the systems in violation of the law of the State of Israel. The systems mimic key features of the
fraudulent electronic record systems, which had been implemented in the state
and federal courts in the United States a couple of decades earlier – fraud in
implementation of electronic signatures and undermining of the authority and
accountability of the offices of the clerks. The 2013 Human Rights Alert (NGO)
submission for the Universal Periodic Review of Human Rights in Israel is
titled, "Integrity, or lack thereof, of the electronic record systems of
the courts of the State of Israel", and subtitled, "A court, which
refuses to certify its own decisions, is certified corrupt". Corruption of the courts is central to the
socio-economic crisis in the United States.
The late Moshe Silman, Magistrates Hagai Brenner, Avigail Cohen, "Chief Clerk" Kobi Bleich, and logo of Net HaMishpat (the electronic record system of the Israeli district courts)
Jerusalem, December
30 – in the opening lines of
his last letter, the self-immolated, social protest activist Moshe Silman
levels serious charges against the Tel-Aviv District Court and Magistrate Hagai
Brenner. The latest request and decision
in this case have been released today by Joseph Zernik, PhD, of Human Rights
Alert (NGO). [1,2] In her latest
decision, [2] Magistrate Avigail Cohen refused to rule, for the third time, on a) validity, or lack thereof,
of court decisions that are served, purportedly signed using invisible
electronic signatures, b) request for certification of her own previous
decisions in the same case, and c) request for the appointment record of
"Chief Clerk" Kobi Bleich.
The December 13, 2012
request in part says:
1. In her November
27, 2012 Decision, Magistrate Avigail Cohen failed to rule on any of the
matters that were brought before her:
a. Request for Due Process
On this matter, the Magistrate
said:
"It is unclear to me
why the Requester holds that there is a need to request 'Due Process'. This is a self-evident matter, and I have no
reason to believe that the Requester's matters are not handled through Due
Process".
In proceedings, pertaining
to the Request to Inspect in instant court file:
- The Court
continues to serve on the Requester1 decision records, which are purportedly
signed by the Magistrate, accompanied by authentication records, which are purportedly
signed by the Clerk, using invisible
electronic signatures.
- The Court
continues to serve on the Requester1 decision records, which fail to appear in
the online public access system under the "Decisions List".
- The office of the
Clerk of the Court continues to deny the Requester1 access to the
"Requests List" of his own requests under the claim that such list
does not exist. The title of the
Magistrate's Decision, "Request #9 in file 1752-08", demonstrates that the Court indeed maintains a "Requests
List", but denies access by the public and the Requester1 to such list.
The Requester1 claims that
conduct of the Court, outlined above, falls short of reasonable standards of
Due Process. Therefore, the Requester1 asks for Due Process, relative to his
own Request to Inspect the court file.
b. Request for Certification by the office of the Clerk of the Court of the
Magistrate's October 25, 2012 and November 19, 2012 Decisions
The Magistrate failed to
rule, or say anything on this matter.
c. Request for an Order by the Court on Mr Kobi Bleich to produce to the
Requester1 and the Parties to the case his appointment record
The Magistrate failed to rule, or say anything
on this matter.
2. The Requester1
claims that continued refusal for the Magistrate to rule on matters a-c, above,
pertaining to the fundamentals of Due Process, should be deemed violation of
judicial ethics. Therefore, the
Requester1 again asks that the Magistrate rule on these matters.
3. Relative to the
service of unsigned records by the Court, the Magistrate's November 27, 2012
Decision says: "There is no fault in decisions, which are signed by
electronic signatures". Such saying
is meaningless, does not address and does not rule on the Request. Obviously, there is no fault in judicial
records that are signed, using visible and detectible electronic
signatures. Requester1 claims that that
the service of judicial decision records by the Court, which are purportedly
signed using invisible and undetectable, is similar in its essence to
the fraud that is at the foundation of the fable "The Emperor's New
Clothes", where the tailors pretended to sew for the emperor invisible new
clothes. In case the Magistrate faces
technical difficulties in producing records that are signed using visible
and detectible electronic signatures, there is nothing preventing her and
the Clerk from signing the records, produced by the electronic system, using visible
and detectible hand signatures.
4. In her November
27, 2012 Decision, the Magistrate also says, "It is recommended that the
Requester focus on his original request – to inspect the court file". Requester1 is not an attorney, and has no
legal education, but his understanding is that such saying is not valid and
inappropriate: A judge should rule on requests duly filed. Moreover, requests pertaining to competency
and validity of the Court supersede other matters currently before the Court in
this matter. The requests, filed herein
for the third time, all pertain to the competency and validity, or incompetency
and invalidity of the conduct of the Court, pertaining to the Request to
Inspect.
The December 13, 2012
Decision was served as usual in paper
form, and is of the electronic "Post-it Decision" type. The Decision fails to name the court, and is
unsigned. The decision record was accompanied by an unsigned
authentication letter by an unnamed "Clerk".
The decision says:
My decision, dated November
27, 2012, stands. It is possible to
appeal my decisions, pursuant to the law.
There is no room to file additional requests in the same matter, since I
will repeat my decision once again.
Magistrate Cohen's
latest decision should be deemed fraud on the Requester: An unsigned judicial
record, which fails to name the originating court, and which is accompanied by
an unsigned authentication record by an unnamed "Clerk" cannot
possibly be deemed an appealable judicial record.
The latest episode is
part of the fraud perpetrated on the late Moshe Silman in the Tel Aviv District
Court, where the original complaint was filed under a court file number, which now
the Court claims never existed, where Magistrate Hagai Brenner denied the
original complaint, and Pro Tem District Judge Hagai Brenner denied the appeal
from his own decision. [3]
The falsification of electronic court records in the Tel-Aviv District
Court is not unique to the case of Silman either. Last year Deputy Presiding Judge Vardah
AlSheikh was caught falsifying her own court records. Judge AlSheikh handles some of the largest
cases of default by financial corporations in Israel in recent years.
Conditions in the Tel
Aviv District Court, where Mr Kobi Bleich has been occupying the office of the
Chief Clerk for over two years with no lawful appointment record, are matched
by the Supreme Court of the State of Israel, where Ms Sarah Lifschitz has been occupying
the office of Chief Clerk for over a decade with no lawful appointment record. [4]
The case of the late Moshe
Silman is also part of a large-scale fraud on the people of the State of Israel
in implementation of invalid electronic record systems in the courts over the
past decade.
According to the
State Ombudsman's Report 60b, two large US-based corporations, IBM and EDS,
were involved in development and implementation of the systems in violation of
the law of the State of Israel. [5] Indeed, the fraudulent systems, which were
implemented in the Israeli courts, mimic the invalid, fraudulent systems, which
had been implemented in the state and federal courts in the United States a
couple of decades earlier – invalid implementation of electronic signatures and
undermining the authority and accountability of the clerks of the courts. [6,7]
The 2013 Human Rights Alert (NGO) submission for the Universal Periodic
Review of Human Rights in Israel is titled, "Integrity, or lack thereof,
of the electronic record systems of the courts of the State of Israel",
and subtitled, "A court, which refuses to certify its own decisions, is certified
corrupt". [5]
Corruption of the state and federal courts in the United States has been
increasingly recognized as central to the current socio-economic crisis. (see
quotes below)
בבית המשפט המחוזי בתל-אביב משה סילמן וכתבים אלקטרוניים (נט המשפט)
הרשמת
אביגיל כהן התבקשה שלוש פעמים, וסירבה שלוש פעמים לפסוק על: א) אמינותם, או חוסר
אמינותם של חתימות אלקטרוניות בלתי נראות ובלתי גלויות על החלטות בית המשפט, ב)
בקשה לאישור על יד המזכיר של החלטותיה הקודמות של הרשמת, ג) בקשה להמצאת כתב
מינויו של ה"מזכיר ראשי" קובי בלייך.
התנהלותה של הרשמת כהן היא בבחינת מרמה על המבקש ועל בית המשפט. התנהלות זאת היא גם חלק מן המרמה בבית המשפט
המחוזי בתיקי משה סילמן בכללם, ומרמה רחבת היקף ב"נט המשפט" ומערכות אלקטרוניות
דומות שהוטמעו בבתי המשפט בעשור האחרון.
על פי דוח מבקר המדינה לשנת 2010, שתי חברות אמריקאיות – יבמ ו- אי.די.אס –
היו מעורבות בפרויקט בניגוד לחוקי מדינת ישראל. המערכות שהונהגו בישראל גם מחקות
את המרכיבים המרכזיים במרמה במערכות דומות שהותקנו בבתי המשפט בארה"ב כעשרים
שנה מוקדם יותר – חתימות אלקטרוניות בלתי אמינות, וערעור סמכותם ואחריותם של
מזכירי בתי המשפט. כותרתו של דו"ח סייג לזכויות האדם לשנת 2013 למועצת זכויות
האדם של האו"ם היא "אמינותם, או חוסר אמינותם של מערכות הכתבים
האלקטרוניים בבתי המשפט בישראל".
כותרת המשנה היא "בית משפט המסרב לאשר את החלטותיו הוא – הריהו מאושר
כמושחת."
LINKS:
[1] 12-12-13 Moshe Silman et al v
Bituach Leumi (1752-08) in the Tel-Aviv District Court – 3rd Request for a) Due
Process, b) Certification of Decisions, c) Appointment Record of "Chief
Clerk" Kobi Bleich
[2] 12-12-13 Moshe Silman et al v Bituach Leumi
(1752-08) – 3rd refusal by Magistrate Avigail Cohen to rule on requests for Due
Process, Certification of Previous Decisions, Appointment Records of
"Chief Clerk" Kobi Bleich
[3] 12-10-10 Human Right Alert's
Appendix IV 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
- the case of Moshe Silman
[4] 12-12-27 PRESS RELEASE – FATCA, Stanley Fischer,
and "Chief Clerk" Sarah Lifschitz in the High Court of Justice of the
State of Israel
[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] 12-12-18 PRESS RELEASE –
Large-scale fraud in the Israeli courts' new electronic record systems –
peer-reviewed by CYBERLAW 2013
[7] 12-12-17 PRESS RELEASE - Large-scale fraud in the
California, US courts electronic records systems - paper peer-reviewed and
accepted by CYBERLAW 2013
_____________________
Joseph Zernik, PhD
<
josephzernik@humanrightsalertngo.org>
Sent from "1984",
Iceland-based Internet Service Provider
_____________________
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
[2] 12-05-10 Appendix I to Human Right Alert's Submission; 15th UPR - State
of Israel: Integrity, or lack thereof, of the electronic record systems of the
courts of the State of Israe
[3] 12-07-18 Human Right Alert's Appendix II 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
- Additional Responses by
National Authorities/Experts, Re: ComSign, LTD - sole certifier and hacker of
the digital signatures of the State of Israel
_____
http://www.opednews.com/author/author42343.html
_____________________________
Take away justice, then, and what are
governments but great bandit
bands?
Saint Augustine, Civitas
Dei (City of God,4.4)
_____________________________
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/
_____________________________
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 /
_____________________________
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/
_____________________________
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
_____________________________
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/
_____________________________
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/
_____________________________
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/
_____________________________
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/
____________________________
