Jerusalem, February 28 - Human Right Alert (NGO) released draft Executive Summary of Submission for the 2012 Universal Periodic Review (UPR) of Human Rights in Israel by the United Nations (UNHRC).[1] The Submission is narrowly focused on evidence of corruption of the electronic record systems of the courts. In particular, it describes events of 2001-3 as critical in corruption of the electronic records of the Supreme Court of Israel, including a large number of missing court files, and separately, large number of falsified records. Since then, all records are published unsigned by the justices, uncertified by the Chief Clerk of the Supreme Court, and "subject to editing and phrasing changes."
The report concludes that conditions of the electronic records in the courts reflect a failure of the legal profession in Israel as a class. Therefore, proposed solutions would have to draw upon other civil society agents, e.g., computing experts and religious leaders. A truth and reconciliation commission may also be needed, to investigate whether judges/justices and senior officers of the Ministry of Justice were involved in wholesale violations of their oaths of office, and to resolve the disposition of missing and false court records from the past decade. The case involves IBM and EDS, two United States based corporations.
Human Right Alert's Submission for the 2010 UPR of the United States, focused on corruption of the courts and racketeering by judges in Los Angeles County, California, particularly in the areas of false imprisonment and financial institution and real estate fraud. The report was incorporated into the Professional Staff Report of UNHRC, with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California." [2]
LINKS:
[1] 12-02-27 Draft Human Rights Alert’s 2012 State of Israel UPR Submission: The electronic records of the courts of the State of Israel and integrity of the justice system - allegations, evidence, conclusions, and recommendations.
http://www.scribd.com/doc/82927700/
[2] 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/
_______12-02-27 Draft Human
Rights Alert’s 2012 State of Israel UPR Submission: The electronic
record systems of the courts of the State of Israel and integrity of the
justice system - allegations, evidence, conclusions, and recommendations.

TOC[/b]



Human Rights Alert’s (NGO) Submission is narrowly focused on analysis
of the electronic record systems in national courts (supreme court, district
courts, detainees courts [Batey Din le- Mishmoret Muhzakim]) of the State of
Israel. In particular, public access to
court records and integrity of the records, which are made accessible to the
public, are examined.

The analysis is based on public court records, and attempts to access
court records and ascertain their integrity in practice, using methods inspired
by data-mining and zero-knowledge proofs; on consultations with Israeli law and
computing experts as well as religious leaders; on media reports, and on
attempts to obtain relevant public information or solicit investigation/ corrective
actions by relevant national agencies.

Material systemic deficiencies were found in the integrity of all
systems, which were examined.

In 2001-3, critical events took place relative to integrity of the
Supreme Court’s electronic records. Numerous cases are missing altogether. UN
reports on Strengthening Judicial Integrity note missing court records as a
cardinal sign of judicial corruption.
Additionally, a large number of records are falsified. Since then, the
Supreme Court's electronic records have been published online unsigned and
uncertified, subject to ‘editing and phrasing changes.’ The identities of the
courts’ servers are not certified either.
The 2010 Ombudsman’s report (60b) covered only development and
implementation of the systems, but noted various anomalies including
compromised security.

Today, the Supreme Court routinely publishes simulated decisions, which
the Supreme Court itself refuses to certify, even upon filing a legal request
by a party to the litigation. An
unsigned, undated, apostille certification procedure, currently published
online by the Judicial Authority, is opined as fraud as well, intended to
simulate compliance with the Hague Convention (1961). *

Conditions, now prevailing in the electronic courts of the courts of
the State of Israel, undermine the integrity of justice system as a whole;
should be deemed a serious failure of the legal profession of the nation; and
are claimed as violations of any and all Articles of Universal
Declaration of Human Rights, which require integrity of
government and the national justice system.
Likewise, such conditions are claimed as violations of international
treaties and conventions, to which the State of Israel is party, including, but
not limited to the Hague Convention (1961).

Proposed solutions would have to draw upon civil society agents outside
the legal profession, most likely – computing experts and religious
leaders. Truth and reconciliation
commission may be required, for the resolution of the disposition of the large number
of court records from the past decade, which are opined as fraud, or are
missing, and for investigation, whether judges/justices and/or senior officers
of the Ministry of Justice of the State of Israel have been involved in
wholesale violations of their oaths of office.

UN reports on Strengthening Judicial Integrity promote the
implementation of electronic record systems, in order to enhance the
transparency and integrity of the courts.
Valid and honest electronic records systems surely could have served
that purpose. The State of Israel is
not alone in employing electronic record systems in the courts to simulate the
rule of law. Today, the People must keep a watchful eye on the electronic
records of government in general, and on the electronic records of the courts
and the justice system in particular.





* For definition of “Simulated Court Records” [Ketav Bei Din le-Mar’it
Ayin], “Simulated Litigation” [Halich le-Mar’it Ayin], see Online Appendix:
Table of Contents, Submission, Overview Table, Links.

http://www.scribd.com/doc/82927700/