Supreme Court of the State of Israel, Presiding Justices Aharon Barak (1995-2006) and Dorit Beinisch (2006-2012)
Jerusalem, May 5 - the State of Israel has not established a constitution to this date. In the early 1990s, two “Basic Laws” were enacted by the Knesset, [1] in effort to establish fundamental Human Rights by law. Moreover, under the tenure of Presiding Justice Aharon Barak (1995-2006), and to a lesser degree under the tenure of Presiding Justice Dorit Beinisch (2006-2012) the Supreme Court purportedly led a “Constitutional Revolution” in the State of Israel. [2]
Various additional "Constitutional Rights" were purportedly construed by the Supreme Court. (See for example – Israeli Civil Rights Association v Minister of Justice [3])
On the other hand, the 2012 Human Rights Alert (NGO) submission for the Universal Periodic Review (UPR) of Human Rights in Israel by the Human Rights Council (HRC) of the United Nations documents precipitous corruption of the courts of the State of Israel. The report specifically documents corruption of the Supreme Court, during the very same years that the Supreme Court’s rhetoric regarding “Constitutional Revolution” and "Constitutional Rights" reached its zenith. [4]
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 says:
- Issued this date, February 14, 2007
- Boaz Okon
- Registrar
Excerpt from one of the three records, provided by Chief Clerk SARAH LIFSCHITZ, Supreme Court of the State of Israel. The excerpt says: "Issued today, September 21, 2011", then shows spaces for the signatures of three justices. The footnote says, "copy subject to editing and phrasing changes", then shows the Seal of the Court, and the invalid, false certification stamp, "Copying Corresponds to the Original," with the hand signature of the Chief Clerk and the date of March 29, 2012. Both the Administration of Courts and Sarah Lifschitz refuse to produce the appointment record of Sarah Lifschitz as Chief Clerk of the Supreme Court, and the Administration of Courts refuses to disclose, who holds the ultimate administrative authority over the electronic records of the Supreme Court. No visible electronic signatures, pursuant to the Electronic Signature Act (2001) were implemented in the electronic records of the Supreme Court. Criminal fraud complaint was filed with the Israel Police relative to her conduct in issuing the false and deliberately misleading certifications, such as the one above.
Critical events, relative to corruption of the electronic records of the Supreme Court took place under the tenure of Barak and continued under the tenure of Beinisch.
The Human Rights Alert submission is narrowly focused on Integrity, or lack thereof, of the electronic record systems of the Supreme Court, District Courts, and Detainees’ Courts of the State of Israel.
The submission alleges that conditions, now prevailing in the electronic record systems of the national courts of the State of Israel, are in violations of any article of the Universal Declaration of Human Rights, where integrity of the courts and the justice system is a prerequisite, as is the rule of law. Conditions, which have been established over the past decade, should be deemed a simulated justice system, reflecting corruption of the courts, the Ministry of Justice, and the legal profession.
The underlying research was inspired by data mining and zero knowledge proofs. Serious deficiencies were identified in all systems, which were inspected. Three senior Israeli computing/cryptology experts expressed their concern and alarm. In the Supreme Court, on or about March 7, 2002, with the untimely death of Supreme Court Chief Clerk Shmaryahu Cohen, integrity of the electronic records was seriously compromised. IBM and EDS, two large, US-based corporations were involved. 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”.
As part of the preparation of instant report, current Chief Clerk of the Supreme Court Sarah Lifschitz provided false and deliberately misleading certifications of decisions of the Supreme Court.
At the time of signing the submission, a crisis is ongoing, resulting from refusal of the government to obey a purportedly “final” decision of the Supreme Court, pertaining to demolition of a settlement, unlawfully constructed on Palestinian land.
The findings of the submission hold serious implications relative to socioeconomic trends, banking regulation, and the Israel-Palestinian conflict:
1. The validity of any legal public records, originating in the State of Israel, and employed in the UPR process, should be re-assessed;
2. Nations, including but not limited to those, who are parties to the Hague Apostille Convention (1961), should re-assess any faith and credit, given to legal public records originating in the courts of the State of Israel;
3. Attempts to address the crisis would likely be compounded by conflicts of rivaling security, legal, and financial groups.
The Human Rights Alert submission recommends that major efforts be made to address what amounts to a constitutional crisis in a nation with no constitution.
1. Examination and repair of the electronic records systems by Israeli computing/legal experts, under accountability to the legislature.
2. Establishment of a Truth and Reconciliation Commission relative to events surrounding the 2002 death of Supreme Court Chief Clerk Shmaryahu Cohen and implementation of the current electronic record systems in the courts;
3. No court of any nation should be permitted to develop and implement its own electronic record systems.
"The time has come to reassess to impact of former Presiding Justices Aharon Barak and Dorit Beinisch on Human Rights, the justice system and the rule of law in the State of Israel," concludes Joseph Zernik, PhD, of Human Rights Alert.
The 2010 submission of Human Rights Alert for the UPR of the United States focused on conditions in Los Angeles County, California. The submission provided documentation of large-scale false imprisonment and real estate and financial institution fraud by California state judges, and refusal of the US federal government to initiate corrective actions. The submission was incorporated by reference into 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.” [5]
Joseph Zernik, PhD, the primary author of both submissions, has specialized over the past decade in analyzing the electronic record systems of courts, prisons, and banks. His reports on these subjects were peer-reviewed, published and presented in international computer science and criminology conferences. [6]
LINKS:
[1] 00-00-01-92-03-12 Hok Yesod Kevod Ha-Adam Ve-Heyruto // Basic Law Human Dignity and Liberty (Eng + Heb)
http://www.scribd.com/doc/
http://www.scribd.com/doc/
[3] 09-10-08 Israeli Civil Rights Association v Minister of Justice ( 5917/97) Chief Justice Dorit Beinish: The new case management system (Net Ha-Mishpat) would require restricting public access to court records _Globes (Heb + Eng)
http://www.scribd.com/doc/
[4] 12-05-02 Human Right Alert's 2012 State of Israel UPR Submission: Integrity, or lack thereof, of the electronic records of the courts
http://www.scribd.com/doc/
http://www.scribd.com/doc/
[6] 11-07-04 Joseph Zernik ,PhD, Biographical Sketch
http://www.scribd.com/doc/
_______________________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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Take away justice, then, and what are governments but great bandit bands?Saint Augustine, Civitas Dei (City of God,4.4)
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