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."
_____________
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
_____
____________________________
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!
_____________________________
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/
____________________________
