Human Rights Alert (NGO)

Joseph Zernik, PhD PO Box 31440, Jerusalem 91313, Israel; jz12345@earthlink.net;

" 91313 " 4413

12-02-23 Table Summary IV: The Supreme Court, the Ministry of Justice, the legal profession, and corruption of the electronic records of the courts in the State of Israel
It is inconceivable that the senior financial officers of a large corporation or a government ministry would refuse to sign any financial reports of their agencies for a decade, and the senior executive officers of the respective agencies would only file reports under the disclaimer, 'subject to changes.' But the Supreme Court's records have not been certified by the Chief Clerk of the Supreme Court for almost a decade, and all decisions of the Supreme Court are published subject to changes. Critical events, related to corruption of the electronic records of the courts of the State of Israel, took place in the period of 2001-3 and involved US based corporations IBM and EDS. Conduct of the Supreme Court, the Ministry of Justice, the Israeli Bar Association and NGOs in subsequent years amounts to systemic failure of the legal profession in the State of Israel. Any proposed solution would have to draw upon other civil society agents, most likely computing experts and religious leaders. Allowing current conditions to prevail is likely to result in widespread corruption of the justice system.

Chief Justice Dorit Beinisch, Chief Clerk Sarah Lifschitz, Supreme Court of the State of Israel View as PDF, including Table IV: The Supreme Court, the Ministry of Justice, the legal profession, and corruption of the electronic records of the courts in the State of Israel, and links to records: xxx

Jerusalem, February 23 The most striking events, relative to corruption of the electronic records of the Supreme Court of the State of Israel, took place in 2001-3, says Joseph Zernik, PhD, of Human Rights Alert (NGO), The conduct of the Supreme Court, the Ministry of Justice, the Israeli Bar Association, and relevant NGOs in subsequent years amounts to a systemic failure of the legal profession. The Judiciary and the Supreme Court: The rhetoric regarding constitutional rights is inconsistent with the failure to comply with the fundamentals of due process. Conduct of the judiciary was largely reconstructed from the discontinuities in certification patterns of the Supreme Courts decisions between 2001-2003: In the transition to a new electronic record system (ELYON2), a dispute erupted between the justices/magistrates and the Chief Clerk of the Supreme Court. The core of the dispute, as

it appears from the records, is in the desire of the justices to be able to modify decisions after their entry (Rishum). The new system enabled the direct entry of records by the justices, bypassing the Chief Clerk. Likewise, the new system enabled the retroactive modification of records by the justices, after the records had already been entered. Under such circumstances, the Chief Clerk was left in a position that he could not certify any definite record as the original for a true copy. In a more fundamental level the dispute was over control of the records and the duty and authority of the Chief Clerk as the custodian of the records.. In practice, the dispute was over the ultimate administrative authority for the servers of the Supreme Court. In the middle of this dispute Chief Clerk Shmaryahu Cohen died in office. Within days a Rasham (magistrate judge) started substituting for the Chief Clerk. Such substitution was permitted by law, but the Rasham certified the records of the Supreme Court anonymously, with no mention of his/her name, and the evidence shows numerous records missing or bearing false dates and/or certificates. Starting January 2003, no certification and no mention of the Chief Clerk appears on the records of the Supreme Court, although a new Chief Clerk had already been appointed. The online publication by the Judicial Authority of a false and deliberately misleading apostille certification procedure is of particular significance. A reasonable person would conclude that the procedure was intended to simulate compliance with the Hague Convention (1961). It is impossible that any of the justices of the Supreme Court was and is unaware of the underlying issues. The underlying issues have affected the daily routine of the Supreme Court for a decade. Such conduct by the justices of the Supreme Court took place during the same years that the Supreme Court launched a campaign of evolving constitutional rights in Israel. The rhetoric of constitutional rights, most notably in Israeli Civil Rights Association v Minister of Justice, is inconsistent with failure of the Supreme Court to uphold the fundamentals of due process honest and transparent court records, and due notice and service of judicial orders and decisions. The evidence shows that the Supreme Court today routinely publishes online simulated records, and arbitrarily conducts simulated review of entire cases. Such conduct violates the fundamental Human Rights of access to national tribunals for protection of rights, and for fair hearings. The Ministry of Justice: Resigned to corruption of the electronic records of the courts as a permanent condition. Particularly intriguing is the sequence of events of 2003-5: o In 2001-3 discontinuities are found in the certification of the Supreme Courts electronic records, which were followed by disappearance altogether of the

certifications by the Chief Clerk of the Supreme Court on the individual electronic records. o In 2003-4 new Regulations of the Courts were promulgated by the Ministry of Justice, pertaining to public access to court records, the duties and authority of the Office of the Clerk. The new Regulations could appear as intended to enhance the authority of the offices of the clerks and public access to court records. However, in pertinent part the Regulations say:
5. Mechanical Systems Any directive in these regulations shall be complied with in any mechanical or electronic system of the courts, with necessary modifications, following instructions of the Director of the Administration of the Courts.

In paragraph 5, the Regulations authorized the Director of the office of Administration of the Courts to modify the Regulations in an unchecked manner. The legal system of the State of Israel does not permit any promulgation by the Judicial Authority, and no lawful procedure has been established for the promulgation or publication of such regulations. Paragraph 5, above, should be considered equivalent to the controversial Rule Making Enabling Act (28 USC 2071-7) in the United States. o In 2005, the Regulations were amended, again appearing to enhance the authority of the office of the clerk as custodian of the courts records, and the chief clerks as the ones authorized to certify the decisions. However, by 2012, the electronic records of the courts are maintained in servers on corporate grounds in Herzlia, and the Chief Clerk of the Supreme Court refuses to certify the judicial records of the Supreme Court. o Around 2009-12, a new apostille certification procedure was published online by the Judicial Authority, with no valid legal foundation. The procedure required joint, convoluted implementation by the Judicial Authority and the Ministry of Justice. The procedure was intended to circumvent the refusal of the Clerk of the Supreme Court to certify the decisions of the Supreme Court (and possibly similar refusal by other chief clerks), and to simulate compliance with the Hague Convention (1961). The publication of the fraudulent apostille certification procedure demonstrates the resignation of the Ministry of Justice to conditions, where the electronic records of the courts are permanently corrupt. The Israeli Bar Association and some NGOs: Unsuccessful opposition The Israeli Bar Association obtained in 2003 a consent judgment by the Supreme Court against the Minister of Religious Affairs, mandating that the rabbinical courts comply

with the law of the State of Israel relative to due process notice and service of court orders and decisions. The evidence shows that the Supreme Court today does not comply with the same provisions of the law. The evidence also shows persistent opposition by the Israeli Bar Association to the implementation of Net Ha-Mishpat electronic record system in the district courts. In particular, the Israeli Bar Association opposed the changes in established court procedures, which were unilaterally implemented in the system by the Judicial Authority. Likewise, the Israeli Civil Rights Association, a notable NGO, was engaged for over a decade in litigation before the Supreme Court against the Ministry of Justice, relative to restrictions that were promulgated in the Regulations of the Courts on public access to court records. The restriction were promulgated in conjunction with implementation of the electronic record systems. The judgment by Presiding Justice Dorit Beinisch, in favor of the Ministry of Justice, permitting the restricting regulations elaborated on numerous constitutional rights. The Israel Democracy Institute, another notable NGO, or some of its key personnel, were involved as consultants to the State of Israel government on matters related to electronic record systems. It is unlikely that none of the senior attorneys appearing before the Supreme Court, or involved in international law, have noticed the corruption of the records and the missing Chief Clerks certifications. US corporate involvement The Ombudsmans report did not name the corporations, who were involved in development of the electronic record systems of the courts of the State of Israel. However, media identified the corporations as Teldor, EDS, and IBM. Media reported that IBM and EDS were involved in corruption of governments elsewhere in the world. The scope of the problem and potential solutions Over the past decade, unknown number of Supreme Court records have been falsified, and unknown number of fraudulent Hague Convention apostille certifications have been issued. The integrity of the electronic records was undermined by the judiciary. However, other government branches and the legal profession at large failed to stop the process. The conditions, now prevailing in the Supreme Court reflect a failure of the legal profession as a class. Had there been a constitution in the State of Israel, conditions

should have been considered a constitutional crisis. Therefore, any proposed solution should attempt to draw upon civil society agents from other walks of life e.g., computing experts, or religious leaders. If current conditions are permitted to prevail, widespread corruption of the justice system should be expected. Similar events took place in the United States a decade or two earlier, and are tightly linked to the current financial and constitutional crises there, with widespread criminality by large corporations, which is repeatedly settled by the courts. Involvement of the US-based corporations IBM and EDS in events related to the electronic records of the Israeli courts is particularly alarming, as is the speed at which the Israeli courts imitated corrupt practices of the United States courts. ________ Joseph Zernik, PhD
Human 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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Table Summary IV: The Supreme Court, the Ministry of Justice, the legal profession, and corruption of the electronic records of the courts in the State of Israel
# Date Supreme Court Systems District Courts Systems Regulations by the Ministry of Justice - New electronic records systems in the district courts. 1996 was the last year that paper bound Index of All Cases volumes were discovered in the District Court in Haifa. - Several older systems were used in the district courts prior to implementation of Net HaMishpat. The older systems were likely local (residing in servers in the district courts themselves), and also under control of the chief clerks of the local district courts. In 2010, the office of the clerk of the District Court in Jerusalem claimed that they too no longer had access to the data in the legacy systems. [ ii ] Actions by the Israeli Bar Association/NGOs In Israeli Civil Rights Association v Minister of Justice (5917/97), litigation that took over a decade the Association sought (and failed) to abolish restrictions in evolving Regulations and electronic records systems, which restricted public access to court iii records. [ ] Decisions/Records Issued by the Supreme Court

1.

1990s

Electronic record system(s), which were implemented in the Supreme Court (ELYON1?) showed on each record the certification statement, "True Copy of the Original <file name>, Shmaryahu Cohen i Chief Clerk". [ ]

2.

20012

3.

2003

Discontinuities are found in the certification of the electronic records, concurrently with the implementation of a new system (ELYON2?) in the Supreme Court. - March 2002: Chief Clerk Shmaryahu Cohen died of a sudden heart attack in office. - March October 2002: an unknown number of Supreme Court records were falsified by an unnamed "Rasham" (magistrate judge). The records were all certified against a ".dot" (Word template) file. - Nov-Dec 2002: For a few weeks new certifications appear, "True Copy of the Original <file name>, Sara Lifschitz - Chief Clerk". These certifications are against ".doc" iv (Word) files. [ ] Starting January 2003 no certifications by the Chief Clerk appear any longer on the decisions vi of the Supreme Court. [ ]

In the Israeli Bar Association v Minister of Religious Affairs et al (6112/02) the Bar sought (and succeeded) in compelling the rabbinical courts to enforce due process service and notice of court v decisions. [ ]

New Regulations of the Courts - Inspection of Court Records (2003) were promulgated to

Israeli Bar Association v Minister of Religious Affairs et al (6112/02) - the Supreme Court mandated the use of certified mail with certificates of delivery in service of court papers by the

4.

2004

5.

2005

As later detailed in the State Ombudsmans Report 60b (2010), relative to development of the electronic record systems by the Judicial Authority: - Corporations (Teldor, EDS, IBM) were awarded contracts with no bidding. IBM and EDS were involved in corruption of x governments elsewhere in the world. [ ] - The systems were developed with no written specifications. - The systems were developed with no core supervision by state employees, as required by regulations. - The servers were relocated to corporate grounds in Herzlia. - Unknown number of persons were issued xi double Smart ID cards. [ ] Implementation of Net HaMishpat was largely completed in the district courts. By implementation of Net HaMishpat: - The systems were networked; - The servers were no longer located under custody of the clerks; - The judges were able to post the decisions/ judgments independent of the chief clerks

6.

200710

guarantee public access to vii court records. [ ] New Regulations of the Courts - Office of the Clerk (2004) were promulgated: - The Offices of the Clerks are designated as custodian of the records of the courts, - Registration of court papers by the Office of the Clerk is mandated, - The "Chief Clerk" of a given court is authorized to certify the authenticity of the judicial records of ix that court. [ ] The new Regulations of the Courts - Office of the Clerk (2004) were amended: - Section 5 - applies the regulations to electronic files as well as paper files, and requiring that they all be maintained in the Office of the Clerk. - Section 6a - specifically authorizes the Chief Clerks of the various courts to certify the authenticity of the records of their courts as "True copy of the original". [ xii ] A new apostille certification procedure was published (unsigned, undated, no name of its author) by the Judicial Authority, to simulate compliance with the Hague Convention (1961), while in fact the Chief Clerks of the courts refuse to certify the records of the courts. xiii [ ]

Rabbinical Courts. [ ]

viii

Israeli Bar Association calls for an immediate halt to the implementation of Net Ha-Mishpat system in the district courts, particularly objects to unilateral changes in established court

- Rules of Ethics for Judges - published by Presiding Justice Dorit Beinisch. The Chief Clerk xv of the Supreme Court refuses to certify. [ ] - Israeli Civil Rights Association v Minister of Justice (5917/97) decision published by Beinisch, approving restrictions on public access to court records following the implementation of the electronic record systems in the courts. In doing so, Beinisch reiterated numerous xvi constitutional rights. [ ] - Guidelines of the Presiding Judge of the Supreme Court published online by Beinisch. The office

of the courts, - Unknown number of Smart ID cards were issued to judges/ others? - The system enable the retroactive changing of decisions/ judgments? - Chief clerks of the several courts refuse to certify the records? 7. 201112 - The Supreme Court denies access to court records in apparent violation of the Regulations (2003) and Beinischs decision xviii (2009). [ ] - The Supreme Court does not comply with the law and regulations, and its own decision (2003) mandating due process notice and xix service of court orders and decisions.[ ] - The Supreme Court does not comply with the regulations relative to location of electronic xx court files. [ ] - No certification by the Chief Clerk appears on xxi court decisions. [ ] - The Supreme Court refuses to certify its own xxii decisions, when explicitly asked to do so. [ ] - Although the database platform are entirely different, the fundamental corruption of the electronic records of the Israeli courts is remarkably similar to that which was affected in the United States Court. In both case, the corruption is related to voiding the required certification of authenticity by the Clerks of the Courts, a key for integrity of the courts for xxiii xxiv centuries. [ , ]

procedures, introduced by the judiciary in the xiv system. [ ]

of Courts Administration avoids referring to the record by name. Legal experts are of the opinion that Beinisch had no legal authority to publish the xvii Guidelines. [ ]

LINKS:
12-01-17 Evolution of the Electronic Decision Forms of the Supreme Court of the State of Israel s (with Full Appendix: Summary Table, Survey Notes, Records) http://www.scribd.com/doc/78494051/ 12-01-25 Table Summary I: Clerk's Certification, or Lack Thereof, in Judicial Records of the Supreme Court of the State of Israel (2000-2012) s http://www.scribd.com/doc/79389235/ ii 10-08-20 Dr Zernik's Letter to Judge Alon Gilon re: Access to Court Files and Net Ha-Mishpat, w Attachments (Heb+Eng) http://www.scribd.com/doc/48772849/ 10-10-24 Response by Judge Alon Gilon RE: Public Access and Integrity of Court Papers in the Digital Era (Heb + Eng)
i

http://www.scribd.com/doc/48802620/ iii 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/50621508/ iv 12-01-21 PRESS RELEASE: Discontinuities in Succession of Certification Authority in the Israeli Supreme Court Corrections and Elaboration http://www.scribd.com/doc/78965180/ v 03-07-02 Bar Association v Minister of Religious Affairs et al (6112/02) - the High Court of Justice Mandates the Use of Certified Mail with Certificates of Delivery in Service by the Rabbinical Courts http://www.scribd.com/doc/74707916/ vi 12-01-21 PRESS RELEASE: Discontinuities in Succession of Certification Authority in the Israeli Supreme Court Corrections and Elaboration http://www.scribd.com/doc/78965180/ vii 03-01-16 Takanot Batey Ha-Mishpat - Iyun Ba-Tikim (2003) // Regulations of the Courts - Inspection of Court Records (2003) (Heb +Eng) http://www.scribd.com/doc/48770482/ viii 03-07-02 Bar Association v Minister of Religious Affairs et al (6112/02) - the High Court of Justice Mandates the Use of Certified Mail with Certificates of Delivery in Service by the Rabbinical Courts http://www.scribd.com/doc/74707916/ ix 04-11-25 Takanot Batey Hamishpat - Mazkirut (2004) // Regulations of the Courts - Offices of the Clerks (2004) (Heb + Eng) http://www.scribd.com/doc/48770720/ x 12-02-09 IBM, ESD, and corruption of governments http://www.scribd.com/doc/81032315/ xi 10-00-00 State of Israel - Ombudsman's Report 60b, Ministry of Justice Computerization (2010) p 693 Et Seq http://www.scribd.com/doc/50624862/ xii 04-11-25 Takanot Batey Hamishpat - Mazkirut (2004) // Regulations of the Courts - Offices of the Clerks (2004) (Heb + Eng) http://www.scribd.com/doc/48770720/ xiii 12-02-19 PRESS RELEASE: Invalid, Simulated Apostille Certification Procedure Published Online by the Judicial Authority of the State of Israel http://www.scribd.com/doc/82064304/ xiv 08-10-30 Israeli Bar Asks to Stop Implementation of Net Ha-Mishpat _Globes http://www.scribd.com/doc/50623267/ xv 12-01-29 Table Summary II: Refusal of the Supreme Court of the State of Israel to Provide Clerks Certification of Decisions, Records of the Court s http://www.scribd.com/doc/79770852/ xvi 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/50621508/ xvii 12-01-29 Table Summary II: Refusal of the Supreme Court of the State of Israel to Provide Clerks Certification of Decisions, Records of the Court s http://www.scribd.com/doc/79770852/ xviii 11-12-04 Simulated Records, Simulated Litigation Enabled by the Electronic Record Systems of the Supreme Court of the State of Israel (English) http://www.scribd.com/doc/73239491/ xix 11-12-04 Simulated Records, Simulated Litigation Enabled by the Electronic Record Systems of the Supreme Court of the State of Israel (English) http://www.scribd.com/doc/73239491/ xx 12-01-31 PRESS RELEASE: Who Controls the Electronic Records of the Supreme Court of the State of Israel? IBM?

http://www.scribd.com/doc/80023983/ xxi 12-01-17 Evolution of the Electronic Decision Forms of the Supreme Court of the State of Israel s (with Full Appendix: Summary Table, Survey Notes, Records) http://www.scribd.com/doc/78494051/ 12-01-25 Table Summary I: Clerk's Certification, or Lack Thereof, in Judicial Records of the Supreme Court of the State of Israel (2000-2012) s http://www.scribd.com/doc/79389235/ xxii 12-01-29 Table Summary II: Refusal of the Supreme Court of the State of Israel to Provide Clerks Certification of Decisions, Records of the Court s http://www.scribd.com/doc/79770852/ xxiii 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 http://www.scribd.com/doc/44663232/ xxiv 11-07-06 Request filed by Windsor and Zernik with US Attorney General Eric Holder for Review of Integrity of Public Access and Case Management Systems of the US Courts http://www.scribd.com/doc/59480718/