Thursday, May 23, 2013

13-05-23 Zernik v Minister of Justice et al (2689/13) Request for review by a panel of 3 justices of the Israeli Supreme Court

"...most likely, continued review of instant Petition by a single justice would create documentation that would be disgraceful for Justice Esther Hayut (future Presiding Justice of the Israeli Supreme Court), disgraceful for the Israeli Supreme Court, and disgraceful for justice and judges in the State of Israel today." 

 
Justice Esther Hayut, Presding Justice Asher Grunis, Israeli Supreme Court.

Jerusalem, May 23 - in a petition that claims large-scale fraud in the latest generation of computerized systems of the Israeli courts, implemented over the past decade, Joseph Zernik, PhD, of Human Rights Alert (NGO), filed a request for review by a three-justice panel. [1]

Today's request notes that since the filing of the petition, the Office of the Clerk has engaged in false and deliberately misleading registration of papers in the petition.

Repeat requests, which were addressed to the Presiding Justice Asher Grunis (in the absence of lawfully appointed Chief Clerk), did not remedy the situation.  The petition also documents that in the Israeli Supreme Court, Ms Sarah Lifschitz has occupied the office of the Chief Clerk for over 10 years with no lawful appointment records.

Justice Esther Hayut (who by the Israeli seniority system is scheduled to become Presiding Justice later this decade), to whom the petition was assigned, did not follow the Regulations of the High Court of Justice in handling the petition.  Instead of issuing a Conditional Decree (or dismissing the petition outright), she issued a false on its face decision (unsigned, subject to "editing and phrasing changes", and served with no authentication letter by the Office of the Clerk), asking the respondents for a response by May 30, 2013.

Petitioner's request to have such order signed "True Copy of the Original" by the Chief Clerk of the Israeli Supreme Court has not been addressed so far.

In the courts that originate from the English common law, asking for the Clerk's certification "True Copy of the Original" is probably the easiest way to distinguish between true and simulated court records.

The petition documents widespread corruption of the Israeli courts over the past decade, through the implementation of computerized record systems that undermined the authority, duties and obligations of the Chief Clerks, relative to the maintenance and service of honest court records, through the implementation of invisible electronic signatures ("The Emperor's New Clothes"), and through granting judges unlimited access to enter, alter, or adulterate court records with no checks by the Office of the Clerk. [2]

Today's request in part says:
“There is a reasonable concern that review of instant petition by a single justice  would deprive the Petitioner of his Due Process rights in a matter of high public policy significance, relative to the Rule of Law in the State of Israel.  Moreover, most likely, continued review of instant Petition by a single justice would create documentation that would be disgraceful for Justice Esther Hayut (future Presiding Justice of the Israeli Supreme Court), disgraceful for the Israeli Supreme Court, and disgraceful for justice and judges in the State of Israel today.  The Petitioner (who is not a legal scholar) doubts that even a panel of three justices could restore Due Process in instant Petition at this point.  However, the Petitioner hopes that a panel of 3  justices would find a way to generate a positive, constructive message out of this case for the future of justice in the State of Israel.”

The systems, which were implemented in the Israeli courts over the past decade, mimic similar fraudulent systems, which had been implemented in the state and federal courts in the United States a decade or two earlier.  Today, widespread corruption of the state and federal courts is one of the key causes of the socio-economic crisis in the United States.

The Human Rights Alert submission to the UN Human Rights Council was incorporated into the 2010 UN report on Human Rights in the United States with a note referring to "Corruption of the courts and the legal profession in California".

The Human Rights Alert submission to the UN Human Rights Council was incorporated into the 2013 UN report on Human Rights in the State of Israel with a note referring to "Lack of integrity in the electronic records of the Supreme Court, the district courts and the detainees courts in Israel".

LINKS:
[1] 13-05-23 Zernik v Minister of Justice et al (2689/13) Request for review by a panel of 3 justices of the Israeli Supreme Court
http://www.scribd.com/doc/143227425/
[2]  13-04-15 Dr Zernik v Justice Minister Livni and Director of Administration of the Courts Spitzer (2689/13) – Petition in the  High Court of Justice of the State of Israel (Hebrew with English translation))
http://www.scribd.com/doc/136215148/

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