Press Release

Ministry of Justice, Administration of Courts, Chief Clerk of the Supreme Court are asked to clarify the validity of electronic signatures of the Supreme Court of the State of Israel


The evidence shows that no valid, certified electronic signatures are used in the electronic records of the Supreme Court of the State of Israel. Moreover, the evidence shows that although the Electronic Signature Act (2001) prescribed that the Minister of Justice appoint a Registrar for Certifying Authorities of the electronic signatures, no such Registrar has held office, except for a short period in 2007-8. Since the sudden death of former Chief Clerk Shmaryahu Cohen in March 2002, the Supreme Court has engaged in the wholesale online publication of decisions that are invalid - unsigned, uncertified, and "subject to editing and phrasing changes". Some of the decisions are also patently falsified. Such conditions undermine the integrity of government, and place the Israeli financial system at high-risk of collapse. Conditions, which have been established in the Israeli courts over the past decade, closely mimic conditions, which were established in the US courts a decade or two earlier. Corruption of the US courts is tightly linked to the current financial crisis and civil unrest in the United States. A court, which refuses to certify its own decisions, is certified corrupt...


Former Minister of Justice Daniel Friedman, current Minister of Justice Yaakov Neeman

View as PDF: http://www.scribd.com/doc/87807238/


Jerusalem, April 2 - Human Rights Alert (NGO) has filed Freedom of Information Act (FOIA) requests with the Ministry of Justice and the Administration of Courts of the State of Israel, pertaining to the appointment of Registrars of Certifying Authorities and the registration of Certifying Authority for the Supreme Court of the State of Israel. [1.2]


Additionally, request was forwarded to Chief Clerk of the Supreme Court Sarah Lifschitz, asking her to clarify:

- Are Certified Electronic Signatures, pursuant to the Act, implemented / enabled / used in the electronic record systems of the Supreme Court?
- If so, who is the Certifying Authority of such signatures, pursuant to the Act? [3]
The Supreme Court today relies on electronic records systems for case management and for online public access to its records. Therefore, the implementation, enabling, and use of certified electronic signatures in such records is critical for their validity.


The Act, signed in 2001, effective that date, says:



Chapter 2. Validity of a Secure Electronic Signature
�
2. (a) For any law, requiring a signature on a document � such requirement may be fulfilled, in respect of any electronic message, by use of an electronic signature, provided that it is a certified electronic signature�
3. An electronic message, signed with a secure electronic signature is admissible in any legal procedure�
4. A certified electronic signature is presumed to be a secure electronic signature.


The Act prescribes that Minister of Justice appoint a Registrar of Certification Authorities (qualified as a judge).


However, the evidence suggests that a Registrar was first appointed on January 10, 2007, under the tenure of Minster of Justice Prof Daniel Friedman. On May 5, 2008, the Registrar filed the only required Annual Report, which could be located online. [4] The July 20, 2009 Annual Report, under Minster of Justice Prof Yaakov Neeman, was filed (unsigned, uncertified) by the Director of newly minted �Law, Technology, and Information Authority�. The reorganization, which created the Authority, appears as a deliberate scheme to eliminate any individual accountability by a lawfully appointed Registrar of Certifying Authorities. The office of the Registrar is most likely vacant today; links to the web site of the office were removed, or generate an error message. [5]


The FOIA requests by Human Rights Alert (NGO) have been filed as part of preparation of the 2012 submission for the Universal Periodic Review of Human Rights in Israel by the Human Rights Council of the United Nations. The Human Rights Alert's submission is narrowly focused on "integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel." [6]


As part of the preparation of the submission, Human Rights Alert has also documented the publication of an illegal public record, pertaining to an Apostille certification arrangement between an unnamed Minister of Justice and the "Judicial Authority". The arrangement is alleged as fraud by the Ministry of Justice and the Administration of Courts on the courts of other nations, which are party to theHague Apostille Convention(1961).[7]


The Administration of Courts and the Ministry of Justice so far failed to disclose:

- Who authored the arrangement?
- Who authorized its publication on the web?
- Who is the unnamed Minister of Justice, whose authority is invoked?
- What is the legal foundation for such invocation?


Discontinuities in certification authorities of the Supreme Court in late 2001-2, which ended with no certification at all, followed closely the signing of the Act and Regulations in 2001.[9] Absent strong evidence to the contrary through the recent FOIA requests, the evidence shows that when updates in the systems and the law made it necessary to decide between honest certification of electronic signatures on the judicial records of the Supreme Court, or no certification at all, decision was made in March 2002 in favor of the latter option. Under such circumstances, Israeli financial markets should be considered at high-risk of collapse.


Human Rights Alert has also documented the refusal of Chief Clerk Sarah Lifschitz to certify decisions and other judicial records of the Court[10]


Combined, the evidence indicates that since the sudden death of former Chief Clerk Shmaryahu Cohen in March 2002, the Supreme Court has engaged in the wholesale online publication of decisions that are invalid - unsigned, uncertified, and "subject to editing and phrasing changes". Some of the decisions are also patently falsified.[11]


"A court, which refuses to certify its own decisions, is certified corrupt," concludes Joseph Zernik, PhD, of Human Rights Alert.


The Human Rights Alert submission alleges:

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. Conditions, which have been established over the past decade should be deemed a simulated justice system,[8]reflecting corruption of the courts, the Ministry of Justice, and the legal profession.


The submission concludes:

Re-assessment of the validity of any Israeli legal public records by the State of Israel, employed in the UPR process;

Re-assessment by nations, who are parties to the Hague Apostille Convention (1961), and others, of any faith and credit, given to Israeli legal public records;

Far-reaching implications in analysis of socioeconomic trends, stability of local financial markets, and regional violence. - Attempts by the State of Israel to address the crisis would be compounded by conflicts of rivaling security, legal, and computing groups.

[/list]The submission recommends:

Drawing on all possible civil society agents in effort to resolve the crisis.

Thorough public investigation of events surrounding the death of Supreme Court Chief Clerk Shmaryahu Cohen.

Establishment of a Truth and Reconciliation Commission.

[/list]Conditions, which have been established in the Israeli courts over the past decade, closely mimic conditions, which were established in the US courts a decade or two earlier.[12]Corruption of the US courts is tightly linked to the current financial crisis and civil unrest in the United States. 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.� [13]

###

Joseph Zernik, PhD [14]
Human Rights Alert (NGO)
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LINKS:

[1] 12-04-02 Freedom of Information Act request on the Administration of Courts, Re: certified electronic signatures and certifying authority of the Supreme Court, if any, pursuant to the Electronic Signature Act (2001) s

http://www.scribd.com/doc/87759531/

[2] 12-04-02 Freedom of Information Act request on the Israeli Ministry of Justice, RE: Registration of Certifying Authorities and certified electronic signatures in the Supreme Court of Israel, if any, pursuant to the Electronic Signature Act (2001) s

http://www.scribd.com/doc/87760449/

[3]12-04-02 Responses by National Authorities/Experts - Appendix 04: Request for comments by Chief Clerk Sarah Lifschitz, Supreme Court of the State of Israel, in re: Electronic Signatures Act (2001) s

http://www.scribd.com/doc/87663740/

[4] 01-00-00 Electronic Signature Act (2001), Regulations, Annual Reports, Registrar of Certifying Authorities

http://www.scribd.com/doc/87679609

[5] See 4, above

[6] 12-04-02 Draft 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/

[7] 12-02-19 PRESS RELEASE: Invalid, Simulated Apostille Certification Procedure Published Online by the Judicial Authority of the State of Israel (English)

http://www.scribd.com/doc/82064304/

[8] "Simulated litigation" [Halich le-Mar�it Ayin - jz], "simulated decisions" [Ketav Bei Din le-Mar�it Ayin - jz], "simulated service", "simulated justice system" here refer to felonies, 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.

[9] 12-03-21 Evidence of Large-Scale Fraud in the Electronic Systems and Electronic Records of the Supreme Court of the State of Israel: Appendix 04 Table Summary - Changes in the certification boxes of the Clerks of the Supreme Court in Chronological Order s

http://www.scribd.com/doc/86180751/

12-03-21 Evidence of Large-Scale Fraud in the Electronic Systems and Electronic Records of the Supreme Court of the State of Israel: Appendix 05 Table Summary - Distribution of Word Combinations and Date Discrepancies in Records of the Supreme Court s

http://www.scribd.com/doc/86180815/

12-03-27 Evidence of Large-Scale Fraud in the Electronic Systems and Electronic Records of the Supreme Court of the State of Israel: Appendix 06a Changes in the certification patterns of the Supreme around March 7, 2002

http://www.scribd.com/doc/86975774/

[10] 12-03-21 Evidence of Large-Scale Fraud in the Electronic Systems and Electronic Records of the Supreme Court of the State of Israel: Appendix 09 Table Summary - Refusal of the Supreme Court of the State of Israel to Provide Clerk�s Certifications of the Court's Records

http://www.scribd.com/doc/86181102/

[11] 12-03-21 Evidence of Large-Scale Fraud in the Electronic Systems and Electronic Records of the Supreme Court of the State of Israel: Appendix 06 Invalid on Their Faces Decisions of the Supreme Court of the State of Israel

http://www.scribd.com/doc/86180892/

[12] 12-03-15 PRESS RELEASE: Evidence of widespread corruption of the US courts and proposed corrective measures submitted to the US House of Representatives

http://www.scribd.com/doc/85481555/

[13] 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/

[14] 12-03-20 Biographical Sketch Joseph Zernik, PhD s

http://www.scribd.com/doc/86180312/

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Human Rights Alert (NGO)



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