אפיון ובדיקה של מערכות מידע של בתי דין - עכשיו לפני בג"ץ===
[עברית להלן]Specification, validation of IT systems of the courts now before the Israeli Supreme Court
The Director of the Debstors' Court claimed in response to petition, which challenged the current fraudulent IT system, that a new system, currenlty under "hot pilot", would solve the current blatant fraud on the debtors. Based on such statements, the Supreme Court decided to "delete" the Petitions. However, Counsel for the Petitioners showed that the new system was fatally flawed - even in interest calculations - and raised the issue of failure to comply with State Directives, relative to the specification and validation in the development and implementation of such systems. The records of the Petition to the Israeli Supreme Court in this case provided key evidence of the rampant fraud in the IT system of the Supreme Court itself as well. And in a 2010 report, the State Ombudsman himself stated that the systems of the Israeli courts (including the Supreme Court) had been developed and implemented out of compliance with the same Directives - with no specifications and with no validation... The Human Rights Alert (NGO) submission to the UN Human Rights Council on this mater, was adopted by the UN Periodic Review report on Israel (2013) with the note, "lack of integrity in the electronic record systems of the Supreme Court.. in Israel". Now, one must await another masterpiece of jurisprudence by Presiding Justice Asher Grunis, relative to the development of a new fraudulent IT systems in the Debtors' Courts, out of compliance with State Directives...[pics]
Moti Ashkenazi, commander of the Budapest bunker on the Suez canal during the 1973 war, and Presiding Justice Asher Grunis.
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OccupyTLV, August 7 - mounting evidence indicates that large-scale fraud is perpetrated on the debtors in the Debtors' Courts in Israel through collusion of banks, large corporations, attorneys and magistrates. In 2012 there were 2.8 open cases open in these courts, and the fraud is estimated at several billions NIS per year!
The petition Moti Ashkenazi+76 others v Minister of Justice and Director of the Debtors' Courts (2300/11) originates in an arbitrary and capricious decision of the Debtors' Courts to stop the service on the debtors (almost all of them unrepresented individuals) of decisions, longer than 17 lines. The debt-holders (almost all banks and large corporations, which are represented by attorneys) continue to receive immediate service of the decisions by electronic mail.
The conduct of legal process, where decisions are served on one side only, would be deemed a serious violation of the Human Right for Fair Hearing, pursuant to the Universal Declaration of Human Rights.
In such petition, the Supreme Court conducted for over three years "preliminary proceedings", which have no basis in the law of the State of Israel. Inspection of the records in this case also documents perversions that would be deemed conduct of simulated litigation and the issuance of simulated court records (fraud).
=The Petition was "deleted" after more than 3 years with no valid legal reason and contrary to common sense=
The Respondents in the partition - Minster of Justice and Director of the Debtors' Courts - never denied the facts in this matter. First, they claimed that the failure to serve the debtors resulted from computer problems (but the computer systems of the Debtors' Courts was not changed during this period). Later they claimed that the issue originated in problems with paper envelope size... (but no such problem existed in prior years). Additionally, every half year or a year, State Counsel claimed in court that there was progress in addressing the issue.
In short: The response by the State authorities would be deemed by any external observer lacking in common sense.
One June 3, 2014, after more than 3 years, the Supreme Court issued a "judgment":
"The updated notices by Respondents, dated June 2, 2014, and April 10, 2014 show that progress has been made in the implementation of a new IT system, which is now operated under "pilot" in the Debtors' Court in the town of Kfar Saba... We believe that with arrangement of the module that permits the mailing of decisions, longer than 17 lines, by all Debtors' Courts, the remedy sought by the Petition was provided, and the Petition was rendered superfluous... Therefore, we order the deletion of the Petition."
One should notice that unusual language of the "Judgment":
- It fails to refer to "service", only "mailing".
- It fails to state that the Court found the remedy worthy, only "believes" so.
- It did not "deny" the Petition, but ordered it "deleted".
=After inspection of the new "hot pilot" system, counsel for the petitioner asked to void the judgment, based on false representations by the State Respondents=
On July 17, 2014, Counsel for the Petitioners asked the Supreme Court to void its June 3, 2014 Judgment. The request notes that examination of the new IT system, under "hot pilot", showed that the system did not address the issue of failure to serve decisions on Debtors, and the system made false interest calculations. Therefore,Counsel for the Petitioners claimed that the Judgment in this case was based on false representations by State Counsel for the State Respondent.
As part of the Petitioners' request for voiding the judgment in the petition, counsel noted in his July 21, 2014 filing:
"On October 28, 1991 the Israeli government adapted an IT Development Protocol (Decision 103/eco), and consequently, the protocol was made part of Directives of the General Accounting Office of the Ministry of Treasury. The Protocol defines procedures for development of IT systems (from initiation, through specification, construction, examination and implementation). There is no doubt that had the Respondents complied with the Protocol, the flaws, detailed in their letter to me, could never come to exist."
In a parallel, in the July 21, 2014 letter to the Director of the Debtors' Courts, Counsel for the petitioner asks:
a. Who signed on behalf of the State on the Specifications of the new IT system?
b. Was development conducted under core management by a State employee, and who was that employee?
c. Was the system subjected to validation, and who signed off on the validation?
=Inspection of the Supreme Court records in this case indicates conduct of simulated litigation - fraud=
In this petition, three justices of the Supreme Court, headed by Presiding Justice Asher Grunis conducted for over three years "Preliminary Proceedings", which have no basis in the law of the State of Israel.
Moreover, inspection of the records revealed perversions, which would be deemed conduct of simulated litigation and issuance of simulated court records - fraud.
Both the law of the State of Israel and the law of other nations, where the courts originate in the English common law, hold civil litigation that commenced with no summonses, invalid and ineffectual litigation. Pursuant to the Regulations of the High Court of Justice (of the Supreme Court), "Conditional Decree", issued by the Chief Clerk of the Court is the summons in petitions to the Supreme Court.
However, in the petition of Moti Ashkenazi no "Conditional Decree" was ever issued. Instead, the IT system docket shows "Notices to Appear in Court", which have no foundation in the Regulations of the Supreme Court (High Court of Justice). Moreover, upon inspection, no such "Notices to Appear in Court" were discovered. Staff of the Office of the Clerk claimed that the "Notices to Appear in Court" are self-eliminating electronic record. Such records disappear from the Supreme Court's IT system after the due date of the appearance...
=The findings in the Ashkenazi Petition are not unusual - fraud in the Supreme Court is a routine since 2002=
The findings in the Ashkenazi Petition are not unusual at all. The Human Rights Alert (NGO) submission to the UN Human Rights Council documented perversions and/or forgery of numerous records in the electronic records systems of the Supreme Court, which started in 2002, under the tenure of Presiding Justice Aharon Barak. Since then, the Israeli courts have experienced unprecedented corruption.
The Human Rights Alert submission was incorporated into the Human Rights Council Periodic Report on Israel (2013) with the note: "Lack of integrity in the electronic record systems of the Supreme Court... in Israel".
=Summary=
Effectively, in handling this petition, the Supreme Court has so far provided its patronage to the corruption of the Debtors' Courts. Now, that the Supreme Court would have to directly address the issue of fraud in development and implementation of IT systems, one must expect a unique masterpiece of jurisprudence from Chief Justice Asher Grunis...
The large-scale fraud in the Debtors' Courts is a unique example of corruption caused by capital-government collusion. And the records of the Supreme Court in this petition provide a unique example of the fraud perpetrated in the Supreme Court, through the employment of invalid IT systems.
Corruption of judges, magistrates, and attorneys is a central cause of the unprecedented
growth in poverty in Israel over the past decade. Today Israel holds the distinction of the highest level of poverty among OECD (developed) nations.
There is no way to fight the corruption of government in Israel without addressing corruption of the courts first!
=
LINKS=
[1] 2014-06-03 Ashkenazi+76 other v Minister of Justice et al in the High Court of Justice (2300/11) - 2nd "Judgment" - denying the petition, given "progress" and "pilot" of modul, which is expected to address the service of decisions longer than 17 lines...
"פסק דין" שני בעתירה, הדוחה אותה לאחר "התקדמות" והפעלת "פיילוט" בלשכה בכפר סבא, האמורים לאפשר משלוח החלטות הארוכות מ-17 שורות...
http://www.scribd.com/doc/232127910/[2] ארכיון העתירה מוטי אשכנזי+76 אחרים נ שר המשפטים ומנהל רשות האכיפה והגביה (2300/11), עתירה לבג"ץ – רשימת כתבים וקישורים
http://www.scribd.com/doc/223300949/[3] 2014-02-20 Ashkenazi+76 other v Minister of Justice et al in the High Court of Justice (2300/11) – Request by Dr Zernik to inspect court file (full English translation)
בקשת דר' צרניק לעיין בתיק
http://www.scribd.com/doc/210599367/[4] 2014-03-27 Ashkenazi+76 other v Minister of Justice et al in the High Court of Justice (2300/11) – Decision #3 by Presiding Justice Grunis, permitting inspection of court file
החלטה מס 3 מאת הנשיא אשר גרוניס, המתירה עיון בתיק בית המשפט
http://www.scribd.com/doc/220031021/http://www.scribd.com/doc/215296312/[5] 2014-04-08 Ashkenazi+76 other v Minister of Justice et al in the High Court of Justice (2300/11) – Dr Zernik's Repeat request to inspect court file – electronic records: Notices to Appear, Uniting of Files (full English translation)
בקשה חוזרת לעיון בתיק מאת דר' צרניק – כתבים אלקטרוניים: הזמנות לדיון ונתונים לגבי איחוד התיקים
http://www.scribd.com/doc/217006321/[6] 2014-06-27 Ashkenazi+76 other v Minister of Justice et al in the High Court of Justice (2300/11) – Decision by Presiding Justice Asher Grunis, refusing to issue decisions on a) Request for certification of decision "True Copy of the Original", b) Inspection of "Notices to Appear in Court".
החלטת נשיא בית המשפט העליון אשר גרוניס, המסרבת להחליט על בקשות: א. לאישור החלטה "העתק מתאים למקור", ב. לעיין ה"הזמנות לדיון".
http://www.scribd.com/doc/232128635/[7] ארכיון כתבים בעתירה מוטי אשכנזי+76 אחרים נ שר המשפטים ומנהל רשות האכיפה והגביה (2300/11), עתירה לבג"ץ – רשימת כתבים וקישורים
http://www.scribd.com/doc/223300949/[8] דוח מקוצר (תרגום עברי) של סייג לזכויות האדם שהתקבל כחלק מדוח האו"ם לגבי זכויות האדם בישראל (2013)
http://www.scribd.com/doc/114254105/https://drive.google.com/file/d/0B8Aa2xQGbmk5NXdwa29SOUViOXc/edit?usp=sharing[9] The Human Rights Alert (NGO) submission (2013) for the Universal Periodic Review of israel by the UN Human Rights Council, as it appears on the UN web site
דוח מקוצר (מקור אנגלי) כפי שהוא מופיע באתר האו"ם) של סייג לזכויות האדם שהתקבל כחלק מדוח האו"ם לגבי זכויות האדם בישראל (2013
http://lib.ohchr.org/HRBodies/UPR/Documents/Session15/IL/HRA_UPR_ISR_S15_2012_HumanRightsAlert_E.pdf[10] 13-01-01 The Human Rights Alert (NGO) submission, as incorporated into the UN Human RItghts Council UPR reprort with the note "Lack of integrity in the electronic records of the Supreme Court, the district courts and the detainees courts in Israel" (page 4, paragraph 25)
דוח סייג לזכויות האדם נכלל בדוח מועצת זכויות האדם של האו"ם (2013) בלוויית ההערה "חוסר יושרה בכתבים האלקטרוניים של בית המשפט העליון, בתי המשפט המחוזיים, ובתי הדין למוחזקי משמורת בישראל" (עמ' 4, פסקה 25):
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G12/180/12/PDF/G1218012.pdf?OpenElement[11] 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"
https://drive.google.com/file/d/0B8Aa2xQGbmk5cjNxd2szX05oMkU/edit?usp=sharing
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