Thursday, January 19, 2012

12-01-19 Untimely Death of the Clerk of the Israeli Supreme Court // La muerte prematura de la Secretaria de la Corte Suprema de Israel // 以色列最高法院秘书英年早逝 // Безвременная кончина Секретарь израильского Верховного суда

The Israeli Courts Administration is asked to produce records pertaining to change in the Clerk’s electronic certification around the untimely death of Clerk of the Supreme Court Shmaryahu Cohen (שמריהו כהן)
Today, the Supreme Court of Israel issues all its decisions uncertified, “subject to editing and phrasing changes”.  What was the basis for the Supreme Court’s switch into issuing simulated, tentative-basis decisions?

Jerusalem, January 19  previous reports, issued by Human Rights Alert (NGO) regarding the electronic records of the Supreme Court of the State of Israel showed:
    • Routine issuance of simulated judicial records and conduct of simulated case reviews, [1,2] and
    • Profound changes in the Clerk’s certification in late 2001-early 2002, around the untimely death of Clerk Shmaryahu Cohen. [3]
Today, a Freedom of Information request was filed with the Courts Administration, [4] for records that would shed light on the changes in the certification procedures.
The previous report [3] tied the death of Shmaryahu Cohen (March 2002) to:
    • Deletion of the certification statement, “True copy of the original
    • Addition of a disclaimer, “Version subject to editing and phrasing changes”
    • Deletion of the individual Clerk’s name and the authority of the office of the Clerk of the Court.
Additionally, the initial report [1] documented that the Supreme Court today:
    • Routinely fails to duly serve its decisions;
    • Refuses to permit the office of the Clerk to certify the Court’s decisions;
    • Refuses to apostille certify, pursuant to the Hague Convention (1961), key records of the Court.
Such conduct undermines the rule of law, as most clearly documented by the recent conduct of Justice Yoram Danziger and others in the Supreme Court. [5] 

In the United States, where similar electronic record systems had been implemented a decade earlier, they opened the door for widespread corruption of the courts, undermining the foundation of Human Rights and Civil Society.[6,7] Moreover, such conduct in the courts also undermines effective banking regulation. [8]
Computing experts, who are readily available in Israel, should assist the appropriate State agencies in review and repair of the electronic record systems of the Israeli courts. [9] Additional proposed corrective measures include reform of the office of the Clerk of the Court in the State of Israel.

"It appears that ever since the death of Clerk of the Court Shmaryahu Cohen, all judicial papers of the Supreme Court have been simulated records, issued on a tentative basis," concludes Dr Zernik. 
 11-12-04 Simulated Records, Simulated Litigation Enabled by the Electronic Record Systems of the Supreme Court of the State of Israel (English)[2] "Simulated litigation", "simulated decisions", "simulated service" here refer to conduct defined in the Texas Criminal Code as follows:
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
 (1) induce payment of a claim from another person; or
 (2) cause another to:
 (A) submit to the putative authority of the document; or
 (B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
[3] 12-01-17 Evolution of the Electronic Decision Forms of the Supereme Court of the State of Israel s (with Full Appendix: Summary Table, Survey Notes, Records) 
[4] 12-01-19 Freedom of Information Request on the Administration of Courts: Records that shed light on the process and substance of the change, around 2001-2 in certification by the Clerk of judicial records of the Supreme Court of the State of Israel. 
[5] 12-01-04 PRESS RELEASE: Justice Yoram Danziger Should Not Be Permitted to Return to the Bench (Eng) Press Release: The Israeli Court Administration Should Certify the Supreme Court Guidelines (2010); Alternatively - Eliminate a Simulated, Illegal Record 
[6] 11-04-23 Zernik, J: Habeas Corpus in the United States - the case of Richard Isaac Fine (Eng)[7] 11-05-24 PRESS RELEASE: Federal Election Commission (FEC) is asked to disregard Citizens United v Federal Election Commission, a Simulated Litigation (Eng)[8] 11-08-01 Zernik, J: Design and Operation of Information Systems of the US Courts are Linked to Conduct of a Simulated Banking Regulation Litigation (Eng)[9] 11-12-04 Simulated Records, Simulated Litigation Enabled by the Electronic Record Systems of the Supreme Court of the State of Israel (English) If it ain't a Party, it ain't my occupation ~

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_____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.”
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