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    SELA - Human Rights Alert - Israel
    26 Ansichten2 Seiten
    Human Right Alert's 2012 State of Israel UPR Submission: Integrity, or lack thereof, of the electronic records of the courts (REVISED) Executive Summary View as PDF: http://www.scribd.com/doc/82927700/ 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. Allegations: Conditions, now prevailing in the electronic records of the national courts of the State of Israel, are alleged as violations of any article of the Universal Declaration of Human Rights, where integrity of the courts and the justice system is a prerequisite. Evidence: 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/alarm. Supreme Court: On or about March 7, 2002, with the sudden death of Supreme Court Chief Clerk Smaryahu Cohen, integrity of the electronic records was compromised. In surrounding days, increased irregularity is seen in certification patterns, on the background of steady trends, which started much earlier, and ended much later: Undermining the authority of the office of the Chief Clerk, and substituting it with an “Information Center”. Two large US data processing corporations were involved: IBM, EDS, jointly with the office of Administration of Courts were involved. Today: - The identity of the Supreme Court's servers is uncertified; - All electronic records are published online unsigned and uncertified, ‘subject to editing and phrasing changes’; - Certifications by the late Chief Clerk Shmaryahu Cohen appear on judicial records, which were purportedly issued years after his death; - The office of current Chief Clerk Sarah Lifschitz refuses to certify the decisions and other records of the Supreme Court; - The Director of Administration of Courts, Judge Moshe Gal, denied Freedom of Information request for the appointment records of the current Chief Clerk and current certification procedures, claiming that with both in office/operation for a decade, both are also exempt as “internal deliberation”; - The Supreme Court routinely publishes simulated decisions and conducts simulated review; [ ] - “Sealing” is imposed in an arbitrary and capricious manner; - A fraudulent Apostille certification arrangement was jointly entered by the Ministry of Justice and the Judicial Authority, which circumvented the refusal of the Chief Clerks to certify the Courts’ records; the arrangement is published, unsigned and undated on the Judicial Authority’s web site, while invoking the authority of an unnamed Minister of Justice. The Administration of Courts and Ministry of Justice hold pending Freedom of Information Act requests, re: the identity of the author and the person, who authorized the online publication of the arrangement. Conclusions: The findings should require re-assessment of the validity of any other legal public records, provided by the State of Israel, or employed in the UPR process. Member nations, who are parties to the Hague Apostille Convention (1961), and others, should re-assess any faith and credit, which are given to legal public records originating in the State of Israel. The findings have far-reaching implications in analysis of socioeconomic trends, stability of local financial markets, and regional violence. Any attempt by the State of Israel to address the matter would be compounded by conflicts of rivaling security, legal, and computing groups. Recommendation: include, but are not limited to, drawing on all possible civil society agents in effort to resolve the crisis, thorough public investigation of events surrounding the March 7, 2002 death of Supreme Court Chief Clerk Shmaryahu Cohen and the establishment of a Truth and Reconciliation Commission.

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    12-03-29 Request for comments by Chief Clerk of the Supreme Court Sarah Lifschitz on denial of FOIA Re: Appointment records of the Chief Clerk, certification procedures in the Supreme Courts

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    Human Right Alert's 2012 State of Israel UPR Submission: Integrity, or lack thereof, of the electronic records of the courts (REVISED) Executive Summary View as PDF: http://www.scribd.com/doc/82927700/ 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. Allegations: Conditions, now prevailing in the electronic records of the national courts of the State of Israel, are alleged as violations of any article of the Universal Declaration of Human Rights, where integrity of the courts and the justice system is a prerequisite. Evidence: 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/alarm. Supreme Court: On or about March 7, 2002, with the sudden death of Supreme Court Chief Clerk Smaryahu Cohen, integrity of the electronic records was compromised. In surrounding days, increased irregularity is seen in certification patterns, on the background of steady trends, which started much earlier, and ended much later: Undermining the authority of the office of the Chief Clerk, and substituting it with an “Information Center”. Two large US data processing corporations were involved: IBM, EDS, jointly with the office of Administration of Courts were involved. Today: - The identity of the Supreme Court's servers is uncertified; - All electronic records are published online unsigned and uncertified, ‘subject to editing and phrasing changes’; - Certifications by the late Chief Clerk Shmaryahu Cohen appear on judicial records, which were purportedly issued years after his death; - The office of current Chief Clerk Sarah Lifschitz refuses to certify the decisions and other records of the Supreme Court; - The Director of Administration of Courts, Judge Moshe Gal, denied Freedom of Information request for the appointment records of the current Chief Clerk and current certification procedures, claiming that with both in office/operation for a decade, both are also exempt as “internal deliberation”; - The Supreme Court routinely publishes simulated decisions and conducts simulated review; [ ] - “Sealing” is imposed in an arbitrary and capricious manner; - A fraudulent Apostille certification arrangement was jointly entered by the Ministry of Justice and the Judicial Authority, which circumvented the refusal of the Chief Clerks to certify the Courts’ records; the arrangement is published, unsigned and undated on the Judicial Authority’s web site, while invoking the authority of an unnamed Minister of Justice. The Administration of Courts and Ministry of Justice hold pending Freedom of Information Act requests, re: the identity of the author and the person, who authorized the online publication of the arrangement. Conclusions: The findings should require re-assessment of the validity of any other legal public records, provided by the State of Israel, or employed in the UPR process. Member nations, who are parties to the Hague Apostille Convention (1961), and others, should re-assess any faith and credit, which are given to legal public records originating in the State of Israel. The findings have far-reaching implications in analysis of socioeconomic trends, stability of local financial markets, and regional violence. Any attempt by the State of Israel to address the matter would be compounded by conflicts of rivaling security, legal, and computing groups. Recommendation: include, but are not limited to, drawing on all possible civil society agents in effort to resolve the crisis, thorough public investigation of events surrounding the March 7, 2002 death of Supreme Court Chief Clerk Shmaryahu Cohen and the establishment of a Truth and Reconciliation Commission.

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    26 Ansichten2 Seiten

    By Fax: 02-6759648

    Hochgeladen von

    SELA - Human Rights Alert - Israel
    Human Right Alert's 2012 State of Israel UPR Submission: Integrity, or lack thereof, of the electronic records of the courts (REVISED) Executive Summary View as PDF: http://www.scribd.com/doc/82927700/ 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. Allegations: Conditions, now prevailing in the electronic records of the national courts of the State of Israel, are alleged as violations of any article of the Universal Declaration of Human Rights, where integrity of the courts and the justice system is a prerequisite. Evidence: 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/alarm. Supreme Court: On or about March 7, 2002, with the sudden death of Supreme Court Chief Clerk Smaryahu Cohen, integrity of the electronic records was compromised. In surrounding days, increased irregularity is seen in certification patterns, on the background of steady trends, which started much earlier, and ended much later: Undermining the authority of the office of the Chief Clerk, and substituting it with an “Information Center”. Two large US data processing corporations were involved: IBM, EDS, jointly with the office of Administration of Courts were involved. Today: - The identity of the Supreme Court's servers is uncertified; - All electronic records are published online unsigned and uncertified, ‘subject to editing and phrasing changes’; - Certifications by the late Chief Clerk Shmaryahu Cohen appear on judicial records, which were purportedly issued years after his death; - The office of current Chief Clerk Sarah Lifschitz refuses to certify the decisions and other records of the Supreme Court; - The Director of Administration of Courts, Judge Moshe Gal, denied Freedom of Information request for the appointment records of the current Chief Clerk and current certification procedures, claiming that with both in office/operation for a decade, both are also exempt as “internal deliberation”; - The Supreme Court routinely publishes simulated decisions and conducts simulated review; [ ] - “Sealing” is imposed in an arbitrary and capricious manner; - A fraudulent Apostille certification arrangement was jointly entered by the Ministry of Justice and the Judicial Authority, which circumvented the refusal of the Chief Clerks to certify the Courts’ records; the arrangement is published, unsigned and undated on the Judicial Authority’s web site, while invoking the authority of an unnamed Minister of Justice. The Administration of Courts and Ministry of Justice hold pending Freedom of Information Act requests, re: the identity of the author and the person, who authorized the online publication of the arrangement. Conclusions: The findings should require re-assessment of the validity of any other legal public records, provided by the State of Israel, or employed in the UPR process. Member nations, who are parties to the Hague Apostille Convention (1961), and others, should re-assess any faith and credit, which are given to legal public records originating in the State of Israel. The findings have far-reaching implications in analysis of socioeconomic trends, stability of local financial markets, and regional violence. Any attempt by the State of Israel to address the matter would be compounded by conflicts of rivaling security, legal, and computing groups. Recommendation: include, but are not limited to, drawing on all possible civil society agents in effort to resolve the crisis, thorough public investigation of events surrounding the March 7, 2002 death of Supreme Court Chief Clerk Shmaryahu Cohen and the establishment of a Truth and Reconciliation Commission.

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    Digitally signed by Joseph Zernik DN: cn=Joseph Zernik, o, ou, email=jz12345@earthlin k.net, c=US Date: 2012.03.

    29 14:10:10 +03'00'

    March 29, 2012 Sarah Lifschitz, Chief Clerk Supreme Court of the State of Israel By fax: 02-6759648 Response within 14 days is kindly requested. RE: Request for comments in re: Appointment of the Chief Clerk of the Supreme Court and certification procedures of its electronic records. Dear Chief Clerk Lifschitz: Linked below are communications with the office of Administration of Courts, in re: Freedom of Information Request (P29-2012), pertaining to the appointment records of the Chief Clerk of the Supreme Court and certification procedures of its electronic records. The denial letter claimed exemption for the records under a clause for internal deliberations. [1-3] The most plausible explanation for this exchange is by accepting the response of the Administration of Courts verbatim: Both the appointment of Chief Clerk Sarah Lifschitz and the certification procedures of electronic records of the Supreme Court have been left in "deliberations" for years. Also linked below is the draft Executive Summary and Short Report, part of Human Right Alerts submission for the 2012 Universal Periodic Review (UPR) of Human Rights in the State of Israel by the Human Rights Council of the United Nations. [4] The submission is narrowly focused on conditions of the electronic record systems in the courts, particularly in the Supreme Court. The submission alleges that current conditions in the Office of the Clerk of the Supreme Court undermine the integrity of the justice system of the State of Israel and amount to serious violations of the Human Rights of all who reside in the State of Israel. Therefore, I would be grateful for any response by you, regarding the nature of your current appointment as Chief Clerk of the Supreme Court and the certification procedures of the electronic records of the Court. Truly, Joseph Zernik, PhD PO BOX 31440 JERUSALEM ISRAEL 91313 jz12345@earthlink.net LINKS:
    [1] 12-03-02 FOIA Request Re: Appointment Letters of the Chief Clerks and Certification of Judicial Records of the Supreme Court of the State of Israel R s http://www.scribd.com/doc/83584055/ [2] 12-03-06 FOIA Response by Administration of Courts (P29-2012) Re: March 2, 2012 Request

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    for the appointment letters of the Chief Clerks and certification procedures of the electronic records of the Supreme Court of the State of Israel (Heb) http://www.scribd.com/doc/86345296/ [3] 12-03-28 Revised Freedom of Information Act Request (P29-2012), in re: Appointment records of the Chief Clerk and certification procedures of the electronic records of the Supreme Court of the State of Israel. s (Eng) http://www.scribd.com/doc/87055920 [4] 12-03-26 Draft EXECUTIVE SUMMARY, SHORT REPORT from Human Right Alert's 2012 State of Israel UPR Submission: Integrity, or lack thereof, of the electronic records of the courts (REVISED) http://www.scribd.com/doc/82927700/

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