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Jerusalem, May 25 - Human Rights Alert (NGO) has filed two recent reports for comments by the Israel Chamber of Information Systems Analysts. [1,2] The reports, one of which was submitted to the United Nations Human Rights Council, and the other, submitted for peer review in an Informations Systems and Data Analysis journal, detailed material deficiencies in integrity of the electronic record systems of the courts of the State of Israel.
According to the web site of the Chamber, [3] it is "the central, leading professional body regarding information systems and information technology in Israel... The Chamber was established to promote the profession of Information Systems Analysis and the representation of the Members in all related professional matters...."
The first Goal of the Chamber includes, "obtaining statutory recognition for the profession of Information System Analysis in Israel."
Large-scale fraud in the electronic records of the courts, banks, and registrations systems, have been recognized as key to the ongoing financial crisis in the United States. [4, 5]
Following is the abstract of the paper, submitted for peer-review in an Information Systems and data analysis journal, and for comments by the Israel Chamber of Information Systems Analysts.
- Integrity, of lack thereof, of the electronic record systems of the courts of the State of Israel
- Abstract The Human Rights Alert (NGO) submission for the Universal Periodic Review of Human Rights in Israel, filed in May 2012, is probably a first – being narrowly focused on integrity, or lack thereof, of the electronic record systems of the Supreme Court, district courts, and the detainees’ courts of the State of Israel. The underlying research is primarily based on data mining of the online public records of the courts.
- Supreme Court: On or about March 2002, integrity of the electronic records was seriously compromised. Around that date, increased irregularity is seen in certification authorities and numerous falsified decision records were discovered. Today, all electronic records are published with no certification at all, “subject to editing and phrasing changes”. False and deliberately misleading certifications of decisions of the Supreme Court, which were recently issued by the office of the Chief Clerk, were also discovered. The Administration of Courts also refused to produce the appointment record of the current Chief Clerk, if any existed.
- District Courts: The publicly accessible records were found invalid, primarily for failure to display visible, reliable digital signatures of judges and authentication records by clerks. The State Ombudsman’s Report 60b (2010) details various apparent violations of the law in development and implementation of the system.
- Detainees Courts: The insecure, unsigned decisions of the detainees courts, often created long time after the dates of the hearings, could not possibly be considered valid legal records. The detainees ID numbers show suspicious discontinuities and failure to correlate with time of issuance. Media reported the conduct of simulated hearing, and issuance of simulated decision in one of the courts. The Israeli Ministry of Justice refused to answer on Freedom of Information request, pertaining to the names and locations of such courts. The results should raise concerns regarding establishment of ”black hole” prisons and ”field courts”.
- Electronic Signature Act (2001): The evidence shows that the Ministry of Justice of the State of Israel has deliberately undermined the implementation and enforcement of the Act over the past decade, and with it, the integrity of legal and financial records of the State of Israel. The Ministry of Justice also refused to produce the appointment record of the current Registrar of Certifying Authorities, if any existed.
- The findings hold serious implications relative to local socio-economic trends, banking regulation, and the Israeli-Palestinian conflict. The findings should also require reassessment of any faith and credit, which may be given to legal public records originating in the courts of the State of Israel by other nations, including, but not limited to those, who are parties to the Hague Convention (1961).
- The Human Rights Alert submission recommends:
- 1. The electronic records systems of the courts should be examined, repaired, and validated by Israeli computing and legal experts, under accountability to the legislature.
- 2. A Truth and Reconciliation Commission should be established relative to conduct of members of the judiciary and the legal profession, who were involved in undermining the integrity of the systems;
- 3. No court of any nation should be permitted to develop and implement its own electronic record systems.
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.”
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[2] 12-05-10 Human Right Alert's 2013 State of Israel UPR Appendix to Submission: Integrity, or lack thereof, in the electronic records of the courts
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[4] Legal expert opined, “I think it's difficult to find a fraud of this size on the U.S. court system in U.S. history… I can't think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." in: S. Paltrow, “Special Report: The watchdogs that didn't bark,” Reuters, December 11, 2011.
[5] Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World Criminology Congress (2011)
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