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September 24, 2012

Large-scale fraud in the courts of the State of Israel, peer-reviewed by international computing experts

By Joseph Zernik

A paper, detailing large-scale fraud in the electronic records of the court of the State of Israel was accepted for publication in an international computer science journal, following two cycles of anonymous peer-review by international computer-science academic scholars. The facts, detailed in the paper, should be deemed equivalent to an unannounced regime change in the State of Israel over the past decade.

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a.

In July 2012, activist Moshe Silman self-immolated in a social protest in Tel-Aviv.
In July 2012, activist Moshe Silman self-immolated in a social protest in Tel-Aviv.
(Image by Press TV)
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In July 2012, activist Moshe Silman self-immolated in a social protest in Tel-Aviv. by Press TV
  

b. 
Moshe Silman's suicide note, which was widely distributed, implied that he was victim of fraud in the Tel Aviv District Court, where he sued the Israeli social security administration. by Moshe Silman
       

c.
Judge Hagain Brenner, of the Tel Aviv District Court dismissed Silman's Complaint and also denied the appeal from his own decision. by State of Israel

Figure 1 : The case of self-immolated, social protest activist Moshe SSilman provided independent confirmation of the findings of the Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations, which detailed large-scale fraud in the courts of the State of Israel, based on evidence derived through data mining methods.  The original complaint in Moshe Silman's case in the Tel Aviv District Court was filed under a case number, which now the Court says never existed, and Judge Hagai Brenner, who dismissed the original complaint also denied the appeal from his own decision.

Barcelona, September 24 - a paper, detailing large-scale fraud in the electronic records of the court of the State of Israel was published by an international computer science journal, following two cycles of anonymous peer-review by international computer-science academic scholars.  [1]

The paper is based on the Human Rights Alert (NGO) submission for the Universal Periodic Review (UPR) of Human Rights in Israel by the Human Rights Council (HRC) of the United Nations, filed in May 2012 and scheduled for review in January 2013.  The Human Rights Alert submission to the HRC is probably a first --  narrowly focused analysis of the integrity of the electronic record systems of the Israeli courts through data mining research methods.

Supreme Court

On or about March 2002, integrity of the electronic records was seriously compromised in conjunction with the inexplicable death of the Supreme Court's Chief Clerk Shmaryahu Cohen.  Through data mining, hundreds of false and deliberately misleading certifications of decisions of the Supreme Court of the State of Israel have been discovered (e.g., decisions that were purportedly electronically certified by the late Shmaryahu Cohen up to five years after his death).  No valid certification by the current Chief Clerk Sarah Lifschitz, purportedly in office for 10 years, have been discovered, and the Israeli Administration of Courts refused to produce her appointment record in response to a Freedom of Information Act request.    

District Courts  

The publicly accessible records were found invalid, primarily for failure to display visible, reliable digital signatures of judges and authentication records by clerks.  Following the UPR submission, the case of the self-immolated social  protest activist Moshe Silman provided independent confirmation of the findings of the Human Rights Alert UPR submission ( Figure 1 )

Detainees Courts  

The insecure, unsigned decisions of the detainees courts, often created a long time after the dates of the hearings, could not possibly be considered valid legal records.  The detainees' ID numbers show suspicious discontinuities and failure to correlate with time of issuance.  The Ministry of Justice refused to provide the names and physical addresses of the Detainees Courts in response to a Freedom of Information Act request. The results should raise concerns regarding establishment of "black hole" prisons and "field courts" in the State of Israel. 

State Ombudsman's Report 60b (2010)

The report details various blatant violations of the law of the State of Israel, related to development and implementation of the electronic record systems of the courts over the past decade, involving two US-based corporations -- IBM and EDS.  Contracts were awarded with no bidding and with no written specifications; development was conducted with no core supervision by State employees; the systems were accepted by the State client with no independent examination by State employees either, and in the process, the servers, holding the electronic records of the courts, were removed from the custody of the courts, and are now under the custody of a corporation.  The Human Rights Alert submission raised concerns, how a professional audit team, which authored such report, could avoid recognizing the large-scale fraud in the courts' electronic record systems.

Electronic Signature Act (2001)

Data mining of thousands of electronic public legal records of the State of Israel failed to discover a single visible electronic signature. The Ministry of Justice of the State of Israel deliberately undermined the implementation and enforcement of the Act over the past decade, and with it, the integrity of legal and financial records of the State of Israel.  ComSign, LTD, a private corporation, controlled by veterans of the IDF Intelligence Unit 8200, was unlawfully established as the sole certifying authority of electronic signatures in the State of Israel. 

Conclusions

The findings hold serious implications relative to Human Rights and banking regulation in the State of Israel. 

The Human Rights Alert submission to the United Nations recommends:

1.        The electronic records systems of the courts should be examined, repaired, and validated by Israeli computing and legal experts, under accountability to the legislature.

2.       A Truth and Reconciliation Commission should be established relative to conduct of members of the judiciary and the legal profession, who were involved in undermining the integrity of the systems; 

3.       No court of any nation should be permitted to develop and implement its own electronic record systems.

The State of Israel is not alone.  Similar findings were detailed in an accompanying paper, also peer-reviewed and accepted for publication, detailing large-scale fraud in the electronic records of the courts of the United States (PACER and CM/ECF), implemented a decade or two prior the corresponding systems of the State of Israel.  Human Right Alert's submission for the first ever, 2010 review of Human Rights in the United States was in part based on review of the electronic records of Superior Court of California, County of Los Angeles (Sustain), and the electronic records of the Los Angeles Sheriff's Department (Inmate Information Center).  The submission was reviewed by the HRC and incorporated into the official United Nations report with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California."

The facts, outlined above, should be deemed equivalent to an unannounced regime change in the State of Israel over the past decade. 

LINKS:

[1] 12-09-04 Zernik, J., "Integrity, or Lack Thereof, of the Electronic Record Systems of the Courts of the State of Israel", Data Analytics 1: 31-38  (2012)

http://thinkmind.org/index.php?view=article&articleid=data_analytics_2012_2_10_60063

 [2] " Integrity, or lack thereof, of the courts of the State of Israel is scheduled for review by the United Nations" -- Human Rights Alert (NGO) submission for the 2013 Universal Periodic Review of Human Rights in the State of Israel.

http://www.scribd.com/doc/92826212/

[3] 12-07-22 Moshe Silman, Self-immolated Israeli Social Protest Activist, And the Justice System of the State of Israel

http://www.scribd.com/doc/100800832/

[4] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States

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

[5] 12-09-04 J. Zernik, "Design and Operation of the Electronic Record Systems of the US Courts are Linked to Failing Banking Regulation", Data Analytics 1:83-93 (2012)

http://thinkmind.org/index.php?view=article&articleid=data_analytics_2012_3_50_60059

[6] Joseph Zernik's Author's page on OpEdNews.com

http://www.opednews.com/author/author42343.html 

Authors Website: https://www.scribd.com/Human_Rights_Alert

Authors Bio:

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 reach fruition!"
* Attorney Avigdor Feldman - "In my opinion you are doing very important work" thank you for your thorough and persistent work".
* Prof Amnon Shashua, Mobileye Co-founder - "" very important work".
* International experts, as part of anonymous peer-review - "" challenges current concepts in the field".
Four submissions, which he authored on behalf of Human Rights Alert - NGO, were incorporated into UN Human Rights Council Periodic Reports regarding the US or Israel (2010, 2013, 2015, 2018). His research has been presented and published in international academic conferences, including Data Mining (2010), Criminology (2012), E-government (2015, 2017), and were also cited in a textbook on "Machine Learning".
Online updated version: http://www.scribd.com/doc/46421113/

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