Thursday, June 29, 2017

2017-06-29 "Incompetence and/or corruption of the courts... in Israel" - Human Rights Alert (NGO) submission to the UN

2017-06- 29 "Incompetence and/or corruption of the courts and the legal profession, and discrimination by law enforcement in Israel" - Human Rights Alert (NGO) submission to the UN

Read the complete post:

June 29, 2017 - Human Rights Alert (-NGO) filed Submission (~3,000 words) and Annex (over 350 pages) for the Universal Periodic Review of Human Rights in Israel, titled: "Incompetence and/or corruption of the courts and the legal profession, and discrimination by law enforcement in Israel".   The review is conducted by the UN Human Rights Council for every member nation every 4 years.  The review of Israel and other nations in the current session starts now, a process involving the Israeli Foreign Ministry and other nations, and will conclude in a meeting in Geneva in January 2018.

The Human Rights Alert (NGO) Submission focuses on deceit and breach of trust by judges and attorneys, related to judicial and legal records, particularly electronic court records, generated in new invalid IT systems of the courts, which enable such conduct.  The Submission and Annex raise concerns regarding collusion and/or acquiescence of informatics experts, for which Israel is world-renown.

Figures. The Jew Mendel Beilis was falsely prosecuted and falsely convicted of the murder of a boy in the Ukraine a century ago.  The Christian, Ukrainian Roman Zadorov was prosecuted and purportedly convicted in the 2006 murder of a girl in Israel.
Law professor Boaz Sangero wrote: "Conviction with no real evidence."
Law professor Mordechai Kremnitzer wrote: "Conduct of the State Prosecution in the Zadorov case is scary, it is not conduct of Prosecution, which is seeking the truth…  Adding to that the Supreme Court’ stance and the Attorney General’s conduct in recent years, one is left with a justice system, which is primarily defending itself."

The Submission and its Annex provide a long list of cases as evidence of serious violations of Human Rights by the justice system itself.  The case of Ukrainian citizen, Roman Zadorov, who is confined in Israel, purportedly after being convicted of murder, but with neither valid, enforceable Verdict nor Sentencing records, and with no Arrest Decree (prescribed by Israeli law for admitting a convict to prison) at all, is probably the most notorious of the cases in the Submission and Annex.

The submission concludes that the evidence indicates systemic violations of Human Rights, treaties and conventions as well as State law by Israeli justice agencies, holding serious implications relative to all aspects of Civil Society in Israel:

  1. The validity and integrity of any legal and judicial records of Israel should be deemed dubious at best. The Israeli courts can no longer be deemed competent Courts of Record.  Israel should be deemed in violation of all Human Rights, where competent courts are a prerequisite.  Israel should be deemed in violation of the International Covenant on Civil and Political Rights and the Hague Apostille Convention.
  2. Conditions, which have emerged in the Israeli courts should be deemed a constitutional crisis in a nation with no constitution. The purported “Constitutional Revolution” should be deemed a public relations charade by the same actors, who were central to undermining integrity of the courts.
  3. Concentration of power in legal, security, and capital groups is likely to frustrate any corrective efforts. Conditions in Israel amount to loss of social contract.  Correction would require long-term, fundamental public education and massive exertion of public will and determination.

The submission recommends that major efforts should focus on restoring integrity of the courts and the legal profession:

  1. Israeli informatics and legal experts, operating under direct public accountability, should assume a central role in repairing e-government systems in all branches of government, first and foremost in the courts and prisons. Lawful implementation of e-signatures on electronic government records in general and judicial records in particular is essential.  The courts must not be permitted to develop and implement their own IT systems (Separation of Powers), and their IT systems should be as transparent as possible (Publicity of the Law). Informatics experts should assume a central role in the safeguard of Civil Society and Human Rights in our era. Human Rights and internet activists must vigorously monitor such systems on an ongoing basis. Israel provide a unique example of the risks, inherent in unlawful implementation of e-government systems.
  2. Deceit and Breach of Trust should be vigorously enforced on extra-judicial conduct by judges, such as falsification of court records, as well as on conduct of attorneys in State service, particularly prosecutors. Major reform in Administration of Courts and Offices of the Clerks is a prerequisite for restoring integrity of the courts.  Truth and Reconciliation Commission may be eventually required, regarding current conduct of the courts and the legal profession.
  3. Chairmanship of the Central Election Committee by Supreme Court justices was mired in incompetence or worse. The Committee needs to be fundamentally reformed. Until its integrity is restored, administration of the general elections should avoid the use of existing IT systems. Invitation of international observers is desirable.

Three previous HRA submissions, have been incorporated into UN HRC UPR reports, with the following notes:

  1. United States (2010) - “Corruption of the courts and the legal profession and discrimination by law enforcement in California”;
  2. State of Israel (2013) - “Lack of integrity in the electronic records of the supreme court, the district courts and the detainees courts in Israel”, and
  3. United States (2015) - “HRA NGO recommended restoring the integrity of the IT systems of the courts, under accountability to the Congress, with the goal of making such systems as transparent as possible to the public at large.”

These three HRA submissions may be the first ever Human Rights reports, which focus on analysis of e-government and its effects on Human Rights.

Below is the Submission itself.  The Annex can be viewed at:

No comments: