12-04-25 Invalid Electronic Records of the Detainees Courts of the State of Israel

The invalid electronic records of the Detainees Courts reflect the failure to establish adequate policies, laws and regulations, and disregard for due process and human dignity, relative to some of the most vulnerable People in the State of Israel.

Jerusalem, April 25 - as part of submission for the 2012 Universal Periodic Review (UPR) of Human Rights in Israel by the Human Rights Council of the United Nations, Human Rights Alert (NGO) released a survey of the electronic records of the Detainees Courts of the State of Israel .  The 2012 Human Rights Alert submission is narrowly focused on “Integrity, or lack thereof, of the electronic records of the courts of the State of Israel.”

The Detainees Courts are managed as administrative courts under the Ministry of Justice for adjudication of the cases of individuals, who unlawfully entered the State of Israel.  The Courts have grown in significance with the swelling number of illegal immigrants from the ongoing crises in Sudan and elsewhere. Some, including families with children, are held for long periods in detention camps under harsh conditions.

The published electronic records of the Detainees Courts are invalid on their faces: 

• As is the case in other courts of the State of Israel, the identity of the server, on which the records are published, is not certified, and the Ministry of Justice would not disclose under whose administrative authority it is held.
• The records are published as insecure Word files, unsigned, and with no detainees’ names on the records.
• For many of the Detainee Numbers no decisions exist in the database at all.
• The Detainee Numbers are not correlated with the dates of the decisions, and discontinuities appear in the Detainee Numbers of the decisions that are published online.
• Most of the electronic records were created much later than the respective proceedings dates.
• The records do not provide any evidence of functional offices of clerks in the Detainees Courts.
• The “Procedures of the Detainees Courts”, published online by the Ministry of Justice, should be deemed a simulated legal record with neither legal authority, nor validity.
• The Ministry of Justice provided false and deliberately misleading information in response on Freedom of Information requests regarding the number, names, and locations of the Detainees Courts, raising concerns that ‘black hole’ prisons with makeshift ‘field courts’ have been established.
• The vast majority of the decisions fail to refer to any law or regulation of the State of Israel.  At least some of the decisions, setting geographic restrictions on the residence and workplace of Detainees appear arbitrary and capricious.

The invalid electronic records of the Detainees Courts reflect the failure to establish adequate policies, laws and regulations, and disregard for due process and human dignity, pertaining to some of the most vulnerable People in the State of Israel.  With it, the publication of selective, invalid records, appears as an attempt to cover it up.

The lack of integrity of the electronic records of the Detainees Courts is part of a pattern of invalid electronic record systems, implemented over the past decade in the national courts of the State of Israel.
LINKS:
[1] The complete report,with attached records, tables, charts, produced for the 2012 UPR of Human Rights in Israel, is posted online at:
12-04-25 Invalid Electronic Records of the Detainees Courts of the State of Israel s
http://www.scribd.com/doc/91259930/
[2] 12-04-11 Draft Human Right Alert's 2012 State of Israel UPR Submission: Integrity, or lack thereof, of the electronic records of the courts (REVISED)
http://www.scribd.com/doc/82927700/_____Joseph Zernik, PhDHuman Rights Alert (NGO)  
The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed by the HRC professional staff 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.”  The 2010 UN UPR report called upon the United States to stop executions, restore habeas corpus and close GITMO, abolish slavery, criminalize torture...
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