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Complaint filed with Shin-Bet Head: E-signatures in the courts - subversion of the foundations of a democratic regime

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Senior judges and attorneys have engaged over the past decade in subversion of the foundations of the democratic regime through fraudulent implementation of e-signatures in the courts, complaint to the Shin-Bet alleges . The Shin-Bet was recently instrumental in exposing IT system related fraud in the Central Election Committee.


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Figures : Central figures in subversion of democratic regimes, according to the complaint to Shin-Bet Head , are senior judges, who were involved in development, implementation and operation of Net-HaMishpat case management system in the courts : Presiding Justice (ret) Aharon Barak, Directors of Administration of the Courts Boaz Okon (ret), Moshe Gal (ret), and Michael Spitzer.

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OccupyTLV, March 15 - complaint has been filed today with Shin-Bet Head Nadav Argaman against senior judges and the Israel Bar Association officers. The complaint alleges that such law figures have engaged over the past decade in subversion of the foundations of procedures and institutions of the democratic regime.

According to the Shin-Bet Act (2002): "The Shin-Bet is charged with the safeguard of State security, procedures and institutions of the democratic regime against threats of terror, sabotage and subversion""

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Alleged fraud in implementation of the Electronic Signature Act in the courts

The complaint is focused on the fraud in implementation of the Electronic Signature Act (2001) in Net-HaMishpat (case management system of the courts), and the manner in which such system permits judges to easily perpetrate fraud on the bench. The complaint names Presiding Justice (ret) Aharon Barak and three successive Directors of the Administration of Courts as key figures in such conduct.

Aharon Barak is a well known figure in the US. In Israel Barak is hailed, at least by some, as a great jurist and a constitutional reformer. On the other hand, Judges Richard Posner and Robert Bork were surprisingly unanimous in sharing a view of Barak as a "despot", or "judicial hubris" world champion" [1] Justice Elena Kagan named Aharon Barak a role model in her confirmation hearing, stirring controversy. [2]

Judge Varda Alshech and the "Fabricated Protocols" scandal

The case, which is best publicly known, pertaining to perversion of court records, is the Judge Varda Alshech "Fabricated Protocols" scandal (2011-2013). Less than two years after implementation of Net-HaMishpat in the courts, senior Judge Varda Alshech was caught faking electronic court records. She was never held accountable. With it, the standard was established, the Israeli judges are unaccountable for such conduct, which should be deemed serious criminality, not covered by any judicial immunity. Moreover, judges, attorneys -- most notably the Israel Bar Association - and the media have never informed the public regarding the full implications of the scandal, relative to lack of integrity in Net-HaMishpat and electronic court records. The Israel Bar Association was central party in the case, originating in fabrication of electronically unsigned, invalid court records, which were fraudulently presented as the basis for semi-criminal ethics complaint against Attorney Rafael Argaz, filed by the Administration of Courts on behalf of Judge Varda Alshech. [3]

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Figure: Head of the Israel Bar Association, Attorney Effi Naveh, and the Israel Bar Association are also named as central to the fraud in Net-HaMishpat.

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The Israel Bar had to be cognizant of the full scope of the fraud. However, later the Bar initiated no corrective actions. Moreover, the Israel Bar Association acts as a subsidiary and/or an agency, issuing certified electronic signatures to its members for use in Net-HaMishpat system. Therefore, there is no way that senior figures in the Bar are not familiar with the fraudulent implementation of the Electronic Signature Act in Net-HaMishpat.

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Dr Zernik's core research pertains to e-government and its significance for Human Rights and Civil Society.

His work won appreciation in Israel and abroad: * Prof Uzzi Ornan - "All power to you! I hope that you see your tremendous efforts (more...)
 

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