Complaint filed with Shin-Bet Head: Electronic signatures in the courts - subversion of the foundations of a democratic regime
Senior
judges and attorneys have engaged over the past decade in subversion
of the foundations of the democratic regime through
fraudulent implementation of e-signatures in the courts, complaint to
the Shin-Bet alleges.
The
Shin-Bet was recently instrumental in exposing IT system related
fraud in the Central Election Committee.
READ THE COMPLETE POST: http://inproperinla.blogspot.co.il/2017/03/2017-03-15.html
Figures:
Central
figures in subversion of democratic regimes, according to the
complaint to Shin-Bet Head are
senior judges, who were involved in development, implementation and
operation of Net-HaMishpat case
management
system in the courts:
Presiding Justice (ret) Aharon Barak, Directors of Administration of
the Courts Boaz Okon (ret), Moshe Gal (ret), and Michael Spitzer
_____
OccupyTLV,
March 15 - complaint has been filed today with Shin-Bet Head Nadav
Argaman against senior judges and the Israel Bar Association
officers. The complaint alleges that such law figures have engaged
over the past decade in subversion of the foundations of procedures
and institutions of the democratic regime.
According
to the Shin-Bet Act (2002): "The Shin-Bet is
charged with the safeguard of State security, procedures and
institutions of the democratic regime against threats of terror,
sabotage and subversion…"
Alleged
fraud in implementation of the Electronic Signature Act in the courts
The
complaint is focused on the fraud in implementation of the Electronic
Signature Act (2001) in Net-HaMishpat (case management system of
the courts), and the manner in which such system permits judges to
easily perpetrate fraud on the bench. The complaint names Presiding
Justice (ret) Aharon Barak and three successive Directors of the
Administration of Courts as key figures in such conduct.
Aharon
Barak is a well known figure in the US. In Israel Barak is hailed, at
least by some, as a great jurist and a constitutional reformer. On
the other hand, Judges Richard Posner and Robert Bork were
surprisingly unanimous in sharing a view of Barak as a “despot”,
or “judicial hubris” world champion… [1] Justice Elena
Kagan named Aharon Barak a role model in her confirmation hearing,
stirring controversy. [2]
Judge
Varda Alshech and the “Fabricated Protocols” scandal
The
case, which is best publicly known, pertaining to perversion of court
records, is the Judge Varda Alshech "Fabricated Protocols"
scandal (2011-2013). Less than two years after implementation of
Net-HaMishpat in the courts, senior Judge Varda Alshech was caught
faking electronic court records. She was never held accountable. With
it, the standard was established, the Israeli judges are
unaccountable for such conduct, which should be deemed serious
criminality, not covered by any judicial immunity. Moreover, judges,
attorneys – most notably the Israel Bar Association - and the media
have never informed the public regarding the full implications of the
scandal, relative to lack of integrity in Net-MaMishpat and
electronic court records.
Figures:
Head
of the Israel Bar Association, Attorney
Effi Naveh, and the Israel Bar Association are
also named as central to the fraud in Net-HaMishpat.
____
The
Israel Bar Association was central party in the case, originating in
fabrication of electronically unsigned, invalid court records, which
were fraudulently presented as the basis for semi-criminal ethics
complaint against Attorney Rafael Argaz, filed by the Administration
of Courts on behalf of Judge Varda Alshech. [3]
The
Israel Bar had to be cognizant of the full scope of the fraud.
However, later the Bar initiated no corrective actions. Moreover,
the Israel Bar Association acts as a subsidiary and/or an agency,
issuing certified electronic signatures to its members for use in
Net-HaMishpat system. Therefore, there is no way that senior figures
in the Bar are not familiar with the fraudulent implementation of the
Electronic Signature Act in Net-HaMishpat.
Figure: Protest
sign in support of Roman Zadorov. It is the most notorious case
among
the cases, which are presented in the complaint as examples of fraud
by judges in Net-HaMishpat – case
management system of the Israel courts.
____
Conduct
of fake/simulated murder trial on Roman Zadorov
Among
the cases, which are provided in the complaint as examples of fraud
in Net-HaMishpat records, the most notorious is the fraud by Judges
Yitzhak Cohen, Esther Hellman, and Haim Galpaz in fabricating the
murder "Verdict" and "Sentencing" records in
Roman Zadorov's trial in 2010 in the Nazareth District Court.
Regarding
Roman Zadorov’s conviction, a senior criminal law professor wrote:
“Conviction with no real evidence”. Another senior professor
wrote: “Conduct of the prosecution in the Zadorov file is scary…
and when you add to it the position of the Supreme Court and the
Attorney General in recent years, we are left with a justice system,
which is primarily defending itself.” [4]
Figures: The
Shin-Bet
Act
(2002)
charges the Shin-Bet, today headed by Nadav Argaman with the
safeguard of procedures and institutions of the democratic regime
against threats of terror, sabotage and subversion...
____
Shin-Bet
implicated the Central Election Committee in computer fraud
Previous
inquiries with the Shin-Bet Head pertained to fraud in IT systems of
the Central Election Committee and in the Committee's response on a
Freedom of Information Act request regarding lawful validation and
certification of its IT systems. The Committee falsely stated in its
response that the Shin-Bet validated and certified its systems. The
Shin-Bet, on the other hand, did not hesitate to expose the falsehood
of such response by the Committee. [5]
It
should be noted that also in the Central Election Committee, the top
figures are senior judges and attorneys…
Lack
of integrity of Israeli court records was noted by the UN Human
Rights Council
Already
the 2013 UN Human Rights Council Professional Staff Report included a
note regarding: "Lack of integrity in electronic record systems
of the Supreme Court, the District Courts and the Detainees' Courts
in Israel". The statement was based on the Human Rights
Alert -NGO submission. Such submission was primarily based at
the time on system analysis and data mining. The findings raise doubt
that Israeli courts can be considered competent Courts of Record any
longer.
The
novelty in the complaint, filed today, was the documentation of a
series of case studies, fully supporting the same conclusions, and
further provide details of the manner in which such systems are
employed to pervert justice.
With
rampant government corruption, with the justice system at its crux,
conditions in Israel today should be deemed a constitutional crisis
in a nation with no constitution.
US
court records are likewise afflicted today
Case
management systems of the Israel courts are not original in the
fraudulence:
-
The Human Rights Alert submission regarding the United States was incorporated into the the 2010 UN Human Rights Council Professional Staff Report with the note: “Corruption of the courts and the legal profession and discrimination by law enforcement in California”. The submission was in part based on documenting the fraud in Sustain - case management and public access system of the LA County courts.
-
The Human Rights Alert submission regarding the United States was incorporated into the the 2015 UN Human Rights Council Professional Staff Report with the note: “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.” The submission was largely based on documenting the fraud in PACER and CM/ECF - public access and case management systems of the US district and appeal courts.
The
lack of integrity in US courts was particularly noted by experts in
relationship to failing banking regulation and massive fraud in the
courts in the wake of the 2008 banking crisis. One expert stated,
“it's difficult to find a fraud of this size on the U.S. court
system in U.S. history... where you have literally tens of thousands
of fraudulent documents filed in tens of thousands of cases."
[6]
Following
is the complaint letter, filed today with Shin-Bet Head Nadav
Argaman:
March 15,
2017
Nadav
Argaman, Head of Shin-Bet
Prime
Minister's Office, Ben Gurion City, Building C
Jerusalem
91950
By
fax: 02-5605000, and by email:
RE:
Complaint against judges and attorneys – electronic signatures in
Net-HaMishpat – sabotage and subversion of the fundamental of
democratic procedures and institutions
Your
response within 45 days is kindly requested pursuant to
the Administrative
Procedure Reform Act (1958).
Dear
Mr Argaman:
Thank
you very much for your responses on my previous inquiries, pertaining
to lack of integrity and/or fraud in IT systems of the Central
Election Committee and in the Committee’s response on a FOIA
request relative to such systems.
Consequently,
please accept the attached complaint against judges and attorneys,
pertaining to electronic signatures in Net-HaMishpat – IT system of
the district, magistrate and other courts. [7]
The Shin-Bet
Act (2002),
Article 7(a) says:
The
Shin-Bet is charged with the safeguard of State security, procedures
and institutions of the democratic regime against threats of terror,
sabotage, and subversion…
The
attached complaint alleges that Net-HaMishpat system is in fact
large-scale fraud on the people of the State of Israel. Fraud of this
type is known by experts as “Shell Game Fraud” or “Confidence
Trick”. Therefore, the conduct, which is detailed in the attached
complaint - as well as development, implementation and operation of
Net-HaMishpat system - should be deemed sabotage and subversion of
the fundamentals of procedures and institutions of the democratic
regime.
Central
figures in this matter are:
a)
Directors of the Office of Administration of Courts – Judges Boaz
Okon (ret), Moshe Gal (ret), and Michael Spitzer.
b)
Presiding Justice (ret) Aharon Barak
c)
Leaders of the Israel Bar Association during the corresponding
period, particularly Attorney Effi Naveh.
The
attached complaint is filed today also with Ombudsman of the
Judiciary. However, as indicated in the complaint itself, the clear
concern is that the Ombudsman of the Judiciary is tainted by
conflicts of interest in this mater, and would not be ready, willing,
able to duly address such complaint.
For
brevity’s sake, the attached complaint addresses only key points
and provides only a few examples. Substantial additional information
in this matter in my possession is available, and I would be glad to
assist, if requested.
I
hope and expect that the Shin-Bet perform its duties by law and
safeguard procedures and institutions of the democratic regime
against such subversive elements.
Truly,
Joseph
Zernik, PhD
Human
Rights Alert (NGO)
OccupyTLV
CC: Computing
experts, legal scholars,activists, wide distribution
LINKS:
[1]
2007-04-23
Posner, R. “Enlightened Despot” New
Republic
[2]2010-06-24
Stolberg, S. “Praise for an Israeli Judge Drives Criticism of
Kagan” NYT
[3]
2012-05-31 Israel Bar Association Complaint and Ombudsman of the
Judiciary Decision (12/88/Tel-Aviv District) in the Judge Varda
Alshech “Fabricated Protocols” scandal [with
English translation]
[4]
2016-07-12
Zernik,
J. “ROMAN
ZADOROV - the Israeli Mendel Beilis” OpEdNews.com
[5]
2017-02-16
Zernik,
J. “Shin-Bet
implicates the Central Election Committee in serious computer fraud”
OpEdNews.com
[6]
2011-12-22
“Special
Report: The watchdogs that didn't bark” Reuters
[7] 2017-03-15
Complaint, filed with Shin-Bet Head and Ombudsman of the Judiciary –
e-signatures in the courts
