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Invalid, simulated apostille certification procedure published online by the Judicial Authority of the State of Israel

The apostille certification procedure, published online by the Judicial Authority, is invalid by design. Its outcome should be considered a simulated apostille certification [Ishur Le-Mar'it Ayin] of judicial records, relative to the Hague Convention (1961). It is part of a wider pattern of compromised integrity of the electronic records of the Supreme Court of the State of Israel and refusal of the Chief Clerk to assume accountability for the Supreme Court's records. Computing experts are readily available in Israel, who could examine and provide solutions. However, resolution of false records, already entered in the system, is likely to require the establishment of a Truth and Reconciliation Commission.






Chief Justice Dorit Beinisch, Chief Clerk Sarah Lifschitz, Supreme Court of the State of Israel



View as PDF: http://www.scribd.com/doc/82064304/



Jerusalem, February 19 � Freedom of Information request has been filed with the office of Courts Administration of the State of Israel, pertaining to the process by which the online Public Information Page � Authentication of Public Records (�Apostille�) was generated and authorized for publication. [1]


"The online published procedure should raise serious concerns," says Joseph Zernik, PhD, of Human Rights Alert (NGO), "The procedure is invalid by design and convoluted by implementation. It cannot be reasonably be considered an inadvertent error." [2,3]


According to Dr Zernik, the procedure is invalid due to its false chain of authentication authorities, [4,5] and therefore the document outcome of such procedure should be considered a simulated apostille certification. relative to the Hague Convention (1961). [6]


Dr Zernik had previously filed Freedom of Information requests on the office of Courts Administration, pertaining to other aspects of the certification, or lack thereof, of the electronic records of the Supreme Court. [7,8] The two earlier requests remain unanswered. [9]


The apostille certification procedure should be seen as part of a wider pattern of compromised integrity of the records of the Supreme Court:


    [*]The publication of simulated records and the conduct of simulated litigation; [10]
    [/*][*]Variations in the certification boxes of the records over the past decade that ended with no certification at all; [11]
    [/*][*]Discontinuities in the certification authority of the records; [12]
    [/*][*]Refusal of the office of the Clerk of the Court to certify Supreme Court records, even upon request; [13]
    [/*][*]False dates/certifications of decisions/judgments of the Supreme Court, [14] and
    [/*][*]Missing ID certifications of the Supreme Court servers. [15]
    [/*]
Several Israeli computing and legal experts expressed concern regarding these findings.


The State Ombudsman 2010 report (60b) [16] additionally noted, regarding development and implementation of the systems, which involved Electronic Data Systems Corporation [NYSE:EDS] and IBM Global Technology Services [NYSE: IBM]: [17]

  • Corporations were awarded state contracts with no bidding, as required by Israeli law and regulations;
  • Development was initiated with no written specifications;
  • Development was supervised by individuals on special personal contracts, with no core supervision by state employees, as required by Israeli law and regulations;
  • No independent inspections were conducted by the state customer prior to implementation of the systems;
  • The servers were located under corporate control, not under the State Courts Administration, and
  • Unknown number of individuals had issued double smart ID cards.
�It is not clear, who controls the electronic records of the Supreme Court today,� says Dr Zernik, �What is clear is that the Chief Clerk of the Supreme Court refuses to be held accountable for the integrity of the Supreme Court�s records.�


�Data protection and cryptology experts are readily available in Israel, who could examine the systems and propose solutions,� says Dr Zernik, �However, any solution is likely to also require a Truth and Reconciliation Commission, to address the false records already entered in the systems.�


Dr Zernik had previously shown that the electronic record systems of the California and US courts enable and are routinely employed for fraud on the People by large corporations and financial institutions in collusion with the courts. [18,19]


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.� [20,21]


LINKS:

_______

[1] 12-02-18 Freedom of Information Request, in re: Public Information Page Authentication of Public Records (�Apostille�) R s

http://www.scribd.com/doc/82036041/

[2] In pertinent sections, the the online Public Information Page � Authentication of Public Records (�Apostille�) says:


In the procedure for authentication of public records, they are certified by a Notary Public. The acknowledgement by the Notary Public is a public record, which requires authentication as well. Authentication of the latter public record, and this record alone [bold in the original - jz], is under the authority of the courts. The authentication is executed on a form in compliance with the agreement with the destination nation.
...
�Apostille� - a document destined to nations, who are parties to the October 5, 1961 Hague Convention for the Abolishment of Requirement for Legalization of Public Records (Heretofore the �Convention�). Israel is a party to the Convention. Therefore, the courts authenticate Notary Public acknowledgements, which are destined to nations, which are parties to the Convention, by an �Apostille� document.
...
The �Apostille� document is of the form and language stipulated in the Convention, as shown hereafter:

A specific, bilingual (Hebrew/English) �Apostille� form is also provided online by the Judicial Authority of the State of Israel as part of the Information Page.

[3] Public Information Page - Authentication of Public Records (�Apostille�), from the website of the Judicial Authority of the State of Israel.

http://elyon1.court.gov.il/heb/info/apostil.htm

[4] False chain of authentication authorities, relative to the spirit and the letter of the October 5, 1961 Hague Convention for the Abolishment of Requirement for Legalization of Public Records:

As is the case in other courts that originated in the English common law, the law and regulations of the State of Israel (see 5, below) designate the "Office of the Clerk" as the custodian of the judicial records of a given court, and authorized only the individual, who is the "Chief Clerk" of a given court, to certify the authenticity of judicial records of that court.

In contrast, the online Public Information Page � Authentication of Public Records (�Apostille�) requires that a Notary Public certify the judicial records.

The offices of the clerks of the various courts are not typically authorized to authenticate the signatures of Notaries. As is indicated in the online Public Information Page � Authentication of Public Records (�Apostille�), the Minister of Justice authorizes certain individuals, who are staff members of the offices of the various Clerks of the Courts, to authenticate Notries Public signatures, in order to enable this procedure.

[5] 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/

[6] "Simulated litigation", "simulated decisions", "simulated service" here refer to conduct defined in the Texas Criminal Code as follows:

Texas Penal Code �32.48. SIMULATING LEGAL PROCESS.

(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.

[7] 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.

http://www.scribd.com/doc/78711932/

[8] 12-01-31 Request for records of Courts Administration, pursuant to the Freedom of Information Act (1988), pertaining to the ultimate administrative authority for the servers of the Supreme Court of the State of Israel

http://www.scribd.com/doc/80007283/

[9] 12-02-17 Repeat Freedom of Information Requests on the Courts Administration of the State of Israel, re: a) Changes in certification by the Clerk of the Supreme Court, b) Ultimate administrative authority for servers of the Supreme Court-R-s

http://www.scribd.com/doc/81959539/

[10] 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/

[11] 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] 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/

[13] 12-01-29 Table Summary II: Refusal of the Supreme Court of the State of Israel to Provide Clerk�s Certification of Decisions, Records of the Court s

http://www.scribd.com/doc/79770852/

[14] 12-01-30 Certificates, or lack thereof, for servers of the Supreme Court of Israel s

http://www.scribd.com/doc/79857058/

[15] 12-02-07 PRESS RELEASE: False Dates, Certifications in the Electronic Records of the Supreme Court of the State of Israel

http://www.scribd.com/doc/80759783/

[16] 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/

[17] 12-02-09 IBM, ESD, and corruption of governments

http://www.scribd.com/doc/81032315/

[18] 11-04-17 PRESS RELEASE: Lomas v Bank of America (KC059379) � Fraud turns into Extortion in the Los Angeles Superior Court

http://www.scribd.com/doc/53212710/

[19] 11-08-01 Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World Criminology Congress presentation

http://www.scribd.com/doc/61351562/

[20] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report, with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California".

http://www.scribd.com/doc/38566837/

[21] 11-07-04 Joseph Zernik,PhD, Biographical Sketch

http://www.scribd.com/doc/46421113/

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Joseph Zernik, PhD

Human Rights Alert (NGO)

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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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Added: Feb-19-2012 Occurred On: Feb-19-2012
By: HumanRightsAlert
In:
Other
Tags: government corruption, IBM, EDS, State of Israel
Location: Jerusalem, Yerushalayim, Israel (load item map)
Views: 6330 | Comments: 4 | Votes: 0 | Favorites: 0 | Shared: 0 | Updates: 0 | Times used in channels: 1
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