Human Rights Alert (NGO)

Joseph Zernik, PhD PO Box 31440, Jerusalem 91313 josephzernik@humanrightsalertngo.org

" 91313 " 4413

12-12-06 PRESS RELEASE Self-immolated, social protest activist Moshe Silman and implementation of electronic records (Net HaMishpat) in the Tel-Aviv District Court
[Hebrew below // ] The simulated litigation in the case of self-immolated, social protest activist Moshe Silman commenced in 2008 and was one of the earliest cases in Net HaMishpat - the Tel-Aviv District Court's first electronic record system. Was it just a coincidence? Survey of early cases in Net HaMishpat in the Tel-Aviv District Court leads to the conclusion that the case of Silman is not unique. The false records in Net HaMishpat document features, which must have never been permitted in the electronic record system of an honest court. The survey suggests that it was the transition itself, which made the fraud in court records of the Tel Aviv District Court so blatant in this case and other, perhaps even in the eyes of Moshe Silman himself. In the State of Israel, implementation of such systems was concluded only in recent years and their full impact is yet to be seen. Implementation of corrupt electronic record systems in the courts in the United States started in the mid-1980s and was mostly concluded over a decade ago. Today experts agree that the state and US courts experience corruption of historically unprecedented levels, which is central to the current socio-economic crisis.

[pics]
The late Moshe Silman, Magistrate Hagai Brenner, and Net HaMishpat logo View as PDF: http://www.scribd.com/doc/115610546/ View as blog post: http://inproperinla.blogspot.co.il/2012/12/12-12-05-press-release-selfimmolated.html

Jerusalem, December 6 in the opening lines of his last letter, the self-immolated, social protest activist Moshe Silman levels serious charges against the Tel-Aviv District Court and Magistrate Hagai Brenner. The electronic records of the Court indeed show that Silman was subjected to simulated processes in the Tel-Aviv District Court. The case of the Silman is also one of the earliest cases in Net HaMishpat - the Court's electronic case management system. Is it only a coincidence? In effort to address this question, Joseph Zernik, PhD, of Human Rights Alert (NGO), releases today preliminary survey of early electronic records from Net HaMishpat in the Tel Aviv District Court. The latest survey is part of ongoing study of the case of Moshe Silman and the electronic records of the courts of the State of Israel in general.

Although Net HaMishpat system dates back to 2003, the Tel-Aviv District Court was one of the last courts, where the system was implemented. In July 2008, Silman's electronic court file was opened, only a month after the system was launched in the Court. The case had been earlier opened, as a paper court file, under a fictitious file number, and was then transferred to Net HaMishpat, under a valid number in the current electronic index, but uploading in it invalid court records. The data, released today, show abundance of erroneous and/or falsified court records among the early files of Net HaMishpat in the Tel Aviv District Court: - Invalid, false index entries - False, misfiled, and/or falsified decision records - No visible, valid electronic signatures False court records in the case of Silman v Bituach Leumi were previously reported: - The original complaint was filed under a false case number. - The July 10, 2008 Decision lists on its face the "Legal Unit" of the Court as the adjudicating authority, with neither the name nor the signature of the individual, who issued the record. - The two November 19, 2009 Decisions by Magistrate Hagai Brenner are not authentic court records, but falsified court records. Eventually, Magistrate Hagai Brenner affected the closing of Silman's complaint file. Pro tem District Judge Hagai Brenner affected the closing of the appeal, which originated in Magistrate Brenner's decision in this matter. The data, released today, leads to the conclusion that the case of Moshe Silman is not unique. Other early cases in Net HaMishpat show similar, invalid court records. Moreover, the data document features of Net HaMishpat system, which must have never been found in any honest court. The data also show how such features, once permitted, facilitate Fraud on the Court. The transition of Silman's case and others' from simulated paper files to the electronic records, required replacement of older methods of simulated litigation (e.g., conducting process under invalid file numbers) with newer methods (e.g., filing invalid simulated decision records, bearing invisible electronic signatures, under valid index numbers). Falsification of electronic court records in the Tel Aviv District Court was also documented last year in the case of Deputy Presiding Judge Vardah AlSheikh. Judge AlSheikh handles some of the largest cases of default by financial corporations in Israel in recent years. The evidence suggests that it was the transition to Net HaMishpat itself, which made the fraud in court records of the Tel Aviv District Court so blatant in this case and others, perhaps even in the eyes of Moshe Silman himself. The case of Moshe Silman, and other early records of Net HaMishpat in the Tel-Aviv District Court leads to the conclusion that while corruption was probably endemic in the Tel-Aviv District Court even before implementation of Net HaMishpat, the system amounts to the institution of the corruption in the Court.

In the State of Israel, transition of the courts to electronic records was completed only in recent years. Implementation of corrupt electronic record systems in the courts in the .United States started in the mid-1980s, and was largely concluded by the early 2000s Today, experts agree that the state and US courts experience levels of corruption that are historically unprecedented. The fraud in the state and US courts is particularly notable in cases involving financial institutions and is central to the current socio)economic crisis. (see quotes below The 2010 State of Israel Ombudsman's Report (60b) finds that two US-based corporations IBM and EDS - were central to the contracting, development and .implementation of Net HaMishpat in violation of the laws of the State of Israel
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:LINKS [1] 12-05-10 Human Right Alert, Appendix I to Submission; 15th UPR - State of Israel""Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel https://docs.google.com/open?id=0B8Aa2xQGbmk5cjNxd2szX05oMkU [2] 12-10-10 Human Right Alert's Appendix IV to Submission; 2013 UPR of the State of IsraelIntegrity, or lack thereof, in the electronic record systems in the courts of the State of Israel - the case of Moshe Silman /064396901/http://www.scribd.com/doc [3] 12-11-24 PRESS RELEASE Self-immolated social protest activist Moshe Silman and t he )Tel-Aviv District Court double books in Net HaMishpat (Heb + Eng /145482411/http://www.scribd.com/doc [4] 12-12-01 PRESS RELEASE: New. invisible electronic signatures in the Israeli courts "The "Emperor's New Clothes /677591511/http://www.scribd.com/doc [5] 12-12-04 Tel-Aviv District Court Survey of Early Electronic Records in Net HaMishpat /922706511/http://www.scribd.com/doc _____________________ Joseph Zernik, PhD >< josephzernik@humanrightsalertngo.org Sent from "1984", Iceland-based Internet Service Provider _____________________ )Human Rights Alert (NGO * United States - the 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed 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

[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States, where Human Rights Alert (NGO) submission was incorporated 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/

* State of Israel - the 2012 submission of Human Rights Alert to the HRC, titled, "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel', is scheduled for review in January 2013.
[1] 12-06-04 Human Right Alert's Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel http://www.scribd.com/doc/92826212/ [2] 12-05-10 Appendix I to Human Right Alert's Submission; 15th UPR - State of Israel: Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israe http://www.scribd.com/doc/108663259/ [3] 12-07-18 Human Right Alert's Appendix II to Submission; 2013 UPR of the State of Israel: Integrity, or lack thereof, in the electronic record systems in the courts of the State of Israel - Additional Responses by National Authorities/Experts, Re: ComSign, LTD - sole certifier and hacker of the digital signatures of the State of Israel http://www.scribd.com/doc/108662869/

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Take away justice, then, and what are governments but great bandit bands?
Saint Augustine, Civitas Dei (City of God,4.4) _____________________________
WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS? * "I think it's difficult to find a fraud of this size on the U.S. court system in U.S. history," said Raymond Brescia, a visiting professor at Yale Law School who has written articles analyzing the role of courts in the financial crisis. "I can't think of one where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Reuters (Jan 22, 2012) http://www.scribd.com/doc/79572282/ * Foreclosure fraud: The homeowner nightmares continue CNN (April 7, 2011) * About 3 million homes have been repossessed since the housing boom ended in 2006 That number could balloon to about 6 million by 2013 Bloomberg (January 2011) * "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." Prof Paul Krugman, MIT (2011) http://www.scribd.com/doc/50753639/ _____________________________ WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA? * "...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2001) http://www.scribd.com/doc/29043589/ * "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) http://www.scribd.com/doc/27433920/

* "Innocent people remain in prison" * "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..." LAPD Blue Ribbon Review Panel Report (2006) http://www.scribd.com/doc/24902306 / _____________________________ WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA? * "...corruption of the courts and the legal profession and discrimination by law enforcement in California." United Nations Human Rights Council Staff Report (2010) http://www.scribd.com/doc/38566837/ _____________________________ WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES? * "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations." Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010) http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-262010_gideonalert _____________________________ WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE? * "What goes on there is more like gulags of centuries ago." ACLU http://www.scribd.com/doc/72546279/ _____________________________ WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES? * "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others." More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) http://www.scribd.com/doc/49586436/ _____________________________ WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM? * "The American legal system has been corrupted almost beyond recognition..." Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003) http://www.scribd.com/doc/50137887/ _____________________________ WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM? * In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice. Transcript of Senator Leahy speech (2009) http://www.scribd.com/doc/38472251/ ____________________________