Fraudulent electronic record systems, which have been implemented in Israel courts over the past decade, are a sure recipe for abuse of Human Rights and failing banking regulation.
Former Presiding Justices of the Supreme Court of the State of Israel Aharon Barak and Dorit Beinisch, under their tenures, integrity of the courts of the State of Israel was profoundly undermined.
Jerusalem and Los Angeles, July 20 - 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.
Keywords- e-courts; e-government; information systems; logic verification; authentication; digital signatures
READ MORE:[1]12-05-24 Zernik, J:Design and Operation of the Electronic Record Systems of the US Courts are Linked to Failing Banking Regulation, Data Analytics - in press
http://www.scribd.com/doc/100623333/
Figure 1: Changes in the Supreme Court Clerk's certifications of electronic decisions: (a) Until early 2002, all electronic decisions of the Supreme Court carried certification by the late Chief Clerk Shmaryahu Cohen. (b) Since 2003, none of the electronic decision records carries any certification, or any reference to the Office of the Clerk. Instead they carry a disclaimer "subject to editing and phrasing changes", and reference to an "Information Center", which has no foundation in the law. The Administration of Courts refuses to disclose the legal foundation for such profound change in the records of the Supreme Court in 2001-2003.
Figure 2. The Decision, in Judith Franco Sidi et al v Authority pursuant to the Persons Disabled by Nazi Persecutions Act (1582/02) in the Supreme Court in part says:
- Issued this date, February 14, 2007
- Boaz Okon
- Registrar
- _________
- This version is subject to editing and phrasing changes.
- Shmaryahu Cohen - Chief Clerk
- In the Supreme Court an information center is operated, Tel: 02-6750444
- The Court is open to comments and suggestions: pniot@supreme.court.gov.il
- The courts' web site: www.court.gov.il
Figure 4. Lack of integrity in Detainees' ID Numbers: The lack of correlation between dates of issuance and Detainee Numbers, and the apparent discontinuity in record numbers, should be deemed a fundamental failure of integrity of the Detainees Courts electronic record system. (See the raw data at Table 3 in the complete Detainees Court report). Only a selection of the Detainees Courts records is published online, as insecure Word files, most of which were created a long time after the fact (at times - years). The Ministry of Justice refuses to disclose, how many Detainees Courts are operating in the State of Israel, their names and locations, and the names of the Chief Clerks, if any exist. Combined, the findings should raise concern that "black hole" prisons and makeshift "field courts" have been established.
_______
Joseph Zernik, PhDHuman Rights Alert (NGO)
* The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations, regarding the United States, 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 2012 submission of Human Rights Alert to the HRC regarding the State of Israel, titled "Integrity or lack thereof, of the electronic record systems of the courts of the State of Israel," is scheduled for review in early 2013.
Human Rights Alert online
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