Key events in governance of the State of Israel in recent decades include: a) Kav 300 affair (1984), where the confrontation between the Shin-Bet (Secret Service) and the justice system ended in a stalemate, b) Prime Minister Rabin's assassination (1995), where the Shin-Bet was deeply involved, and the justice system engaged in after-the-fact cover-up, and c) Death of Chief Clerk of the Supreme Court Shmaryahu Cohen under suspicious circumstances (2002) and the concomitant hacking of the computer systems of the Israeli Supreme Court through an "inside job", where the judiciary and the Shin-Bet acted in full collusion. 

During the following decade, fraudulent computer systems were implemented in all Israeli courts, in a project involving US-based corporations IBM and EDS, and in violation of the law of the State of Israel. The outcome today is a nation, where the positions of chief clerks of the various courts, including the Supreme Court, are usurped by individuals with no lawful appointment and no lawful authority, where of the various courts act outside the framework of any conceivable law, court process is blatantly invalid, court records routinely falsified, "everything is adjudicable", corruption of the courts is rampant, and public trust in the justice system is at all-time low. In parallel, socio-economic conditions in Israel deteriorated. While the economy continued its growth, poverty and homelessness soared, housing became unaffordable, and income and asset distribution no longer fit a civilized society. Human Rights and internet activists must keep a watchful eye on government computer systems, particularly those of the justice system.

by Wikipedia

by Wikipedia

Headed the Shin-Bet Judiciary Gang in the early 2000s: a) Aharon Barak (Presiding Justice, Supreme Court, 1995-2005), b) Avi Dichter (Chief, Shin Bet, 2000-2005) ____
Occupy Tel Aviv, October 24 -- Criminal fraud complaint was filed with the Israel Police against Presiding Justice of the Israeli Supreme Court Asher Grunis on October 15, and a matching criminal fraud complaint against "Chief Clerk" Sarah Lifschitz was transferred to the State Prosecution, according to an August 28, 2013 letter from the office of State of Israel Attorney General. The complaints originate in the appearance of "Chief Clerk" of the Supreme Court Sarah Lifschitz with no lawful appointment and no lawful authority for over ten years, and evidence that she falsified Supreme Court records. Such conditions represent the culmination of a process that lasted over a couple of decades, where Civil Society in the State of Israel has been thoroughly undermined by the Shin-Bet judiciary gang.

A. Kav 300 Affair (1984) [ⁱ]

The affair should be viewed as a confrontation between the Shin-Bet and the justice system, which ended in a stalemate.

From Wikipedia:

The Bus 300 affair, also known as Kav 300 affair, was a 1984 incident in which Shin Bet members executed two Palestinian bus hijackers, immediately after the hostage crisis incident ended and they were captured.

After the incident the Shin Bet members gave false testimony on their involvement in the affair. The Israeli military censor blacked out coverage of the hijacking originally, but nevertheless, the publication of information regarding the affair in foreign press, and eventually in the Israeli media, led a public uproar which led many in the Israeli public to demand that the circumstances surrounding the deaths of the hijackers would be investigated. In 1985 a senior Israeli army general Yitzhak Mordechai was acquitted of charges related to the deaths of the captured hijackers. Later, it emerged that members of the Shin Bet , Israel's internal security service, had implicated the general, while concealing who gave the direct order that the prisoners be killed. In 1986 the Attorney General of Israel , Yitzhak Zamir , was forced to resign after he refused to call off an investigation into the Shin Bet's role in the affair. Shortly afterwards Avraham Shalom , head of the Shin Bet resigned and was given a full Presidential pardon for unspecified crimes, while pardons were granted to many involved before charges were laid.

B. Prime Minister Rabin's Assassination (1995) [ⁱⁱ,ⁱⁱⁱ]

The Rabin assassination should be viewed as a direct confrontation between the Shin Bet and the Rule of Law, where the Secret Service was deeply involved in the killing of a sitting Prime Minister, with whose security it were charged, while the justice system colluded with the Shin Bet in after-the-fact cover up of the true nature of events.

According to the official version of events, Rabin was assassinated through the actions of a lone gunman, Yigal Amir, a young, right-wing extremist. As it turned out, Amir was a former Secret Service employee, and the violent leader of his extreme right-wing cell, Avishai Raviv, was an undercover Secret Service agent -- even at the time of the assassination. Both Amir and Raviv were prosecuted. Amir was found guilty, while Raviv was found not guilty.

With it, the Israeli courts established an official version of events, which was consistent neither with much of the physical evidence nor with numerous eye witness testimonies.

The official version was publicly challenged by various notable public figures in Israel.

C. Suspicious Death of Chief Clerk of the Supreme Court Shamryahu Cohen (2002) [^iv]

No lesser in significance, but hardly recognized by the public, was the March 7, 2002 death of Chief Clerk of the Israeli Supreme Court Shmaryahu Cohen in the Supreme Court. According to various reports, he died of "cardiac arrest" during a farewell party for a retiring employee of the office of the clerk of the Supreme Court.

Two weeks later, a woman named Oholiva Peretz-Izescu filed with the Tel Aviv Police a criminal complaint, alleging murder. However, the complaint was closed, since the filer could not present a reasonable motive for such murder.

by Joseph Zernik

Left: Until early 2002, all decisions of the Supreme Court of the State of Israel included a certification box, stating "True Copy of the Original, Chief Clerk Shmaryahu Cohen". Right: Since March 2002, all decisions of the Supreme Court of the State of Israel include a certification box, carrying a disclaimer "version subject to editing and phrasing changes", and failing to make any mention of a Chief Clerk. The Administration of Courts refuses to respond on a Freedom of Information request to provide the legal foundation for such changes in the judicial records of the Supreme Court.

As later documented in the Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations (2013), on the same date that Shmaryahu Cohen died, the electronic records and electronic systems of the Supreme Court were permanently compromised through an "inside job":

* Substantial change took place in the form of all records of the Supreme Court's decisions: Until that date, the certification box at the bottom of each record stated "True Copy of the Original, Shmaryahu Cohen, Chief Clerk". Since that date, all records state "Subject to editing and phrasing changes", and fail to name a Chief Clerk. Judicial records, which are subject to "editing and phrasing changes" cannot be deemed by any reasonable person as valid court records.

* Numerous decision records of the Supreme Court were consequently falsified, bearing Shmaryahu Cohen's purported certification, up to five years after his death.

* The process initiated on that date also led to removal of the servers of the Court from the custody of the Chief Clerk to the custody of a corporation (most likely IBM or EDS), in violation of the law of the State of Israel. [ ^v ]

Since the death of Chief Clerk Shmaryahu Cohen, Ms Sarah Lifschitz has appeared as "Chief Clerk" of the Israeli Supreme Court. As later documented, she has done so with no lawful appointment record.

Such events, which took place under the tenure of Presiding Justice Aharon Barak, could not possibly happen absent full collusion by the Shin-Bet, which is charged with the protection of key State computer systems.

D. Presiding Justice Aharon Barak and "Constitutional Revolution" in Israel [ ^vi ]

Such events took place in the midst of what was advertised by then Presiding Justice Barak as a "Constitutional Revolution" in the State of Israel. Such "revolution" was supposed to establish in the State of Israel, where no constitution exists, fundamental Human Rights as superior to other laws. With it, Barak established a doctrine that "Everything is Adjudicable". Barak also advocated and established in Israel a judicial philosophy that largely frees judges from strict adherence to the language of the law, including court procedures, and from strict adherence to the language of written contracts. Instead, such philosophy permits judges to resort to interpretation of "intentions".

Through such philosophy, judges and the courts have asserted unprecedented power and large leeway to subvert the law and court procedures, and to undermine Due Process and Fair Hearings from their foundation.

In following years, growing voices in Israel have called for reform of the courts and for placing limits on the power of the judiciary, but so far all such efforts failed.

E. Implementation of fraudulent computer systems in the Israeli courts (2002-2010) [^vii,^viii,^ix]

The 2012 Human Rights Alert (NGO) submission for the Universal Periodic Review (UPR) of Human Rights in Israel, was probably the first of its kind -- a Human Rights report, which was primarily based on data-mining and analysis of computer systems of the courts and prisons, but not on review of individual cases of Human Rights abuse.

By January 2013, the Human Rights Alert submission was incorporated into the UPR Report of the Human Rights Council of the UN with the note: "Lack of integrity of the electronic records of the Supreme Court, the district courts and the detainees courts in Israel."

The report documented that:

* Through events surrounding the death of then Chief Clerk Shmaryahu Cohen in 2002, the electronic record systems of the Supreme Court were seriously compromised;

* Since 2002 the Supreme Court issues only invalid decision records "subject to editing and phrasing changes";

* Numerous Supreme Court records have been falsified since 2002, and

* Chief Clerk Sarah Lifschitz has appeared since 2002 as "Chief Clerk" with no lawful appointment record: Her appointment was never published in the official Register, the Administration of Courts refused to present her appointment record in response to a Freedom of Information request, claiming that it was exempt as a record of "internal deliberations", and Ms Lifschitz herself also refuses to respond on requests to presnt her appointment record.

* The new computer system systems of the Israel courts amount to large-scale fraud on the people, and enable judges to issue sham court records, falsify court records, and conduct sham court process.

The Human Rights Alert submission to the United Nations also relied on the State of Israel Ombudsman's Report 60b (2010), which concluded that development and implementation of such systems was conducted in violation of the law of the State of Israel: [ ^x ]

* Contracts were signed with IBM, EDS with no bidding of tender;

* Contracts included no technical specification;

* Development proceeded with no core supervision by State employees;

* Implementation was concluded with no prior independent examination by State employees, and

* The process involve removal of the servers of court records from the custody of the clerks of the courts to the custody of an unnamed corporation.

• a)

  
  Copyrighted Image? DMCA
  
  
  by Joseph Zernik
  b)
  
  Copyrighted Image? DMCA
  
  
  by Joseph Zernik
  

  a) Sham Conditional Decree record of the Israeli Supreme Court issued in response to a Petition for Conditional Decree in Ometz et al v Lahyani et al (6549/13), b) True Conditional Decree form from the Israeli Regulations of High Court of Justice Procedures.

  The sham decree is titled "Decision" instead of "Conditional Decree", fails to refer to the paper as a summons, and is signed by a judge, instead of being duly signed by the Chief Clerk of the Supreme Court. Since 2002 the Supreme Court, absent lawfully appointed Chief Clerk, the Supreme Court subverts the Conditional Decree process, key process for protection of rights in Israel. Absent issuance of the Conditional Decree, equivalent to summons in a case of original jurisdiction, the Court acts with no jurisdiction at all. [^xi]

  As is the case in the courts of other nations, which originated in the English common law, the role of the Chief Clerk of the Supreme Court is essential for integrity of the Court and its competency. The duties and responsibilities of the Chief Clerk include the following:

  * Custody of the court's records and the safeguard of their integrity -- the Human Rights Alert submission to the United Nations documented the falsification of numerous Supreme Court records during the period of Sarah Lifschitz's false appearance as "Chief Clerk".

  * Honest registration of papers filed by parties in court -- the correspondence, which eventually led to the fraud complaint against Presiding Justice Asher Grunis, documented false and deliberately misleading registration of petitions to the Supreme Court.

  * Notice and service of court decisions and their authentication -- since 2002, all Supreme Court decisions are served unsigned, unauthenticated, and "subject to editing and phrasing changes". Such records cannot be deemed valid judicial record by any legal standard.

  * Certification of court decisions "True Copy of the Original" - the fraud complaint against "Chief Clerk" Sarah Lifschitz documented false and deliberately misleading certification of Supreme Court decision records. (see below)

  * Issuance of decrees on parties to appear in court in petitions for conditional decrees -- since 2002, no such decrees are issued. The conditional decrees are akin to summonses in cases of original jurisdiction by the Supreme Court. Through such decrees, the Supreme Court gains jurisdiction over the parties and matter in question. Conditional decrees are a central mechanism for the protection of rights against State authorities in the law of the State of Israel. Effectively, since 2002, the Supreme Court has been conducting sham review of petitions for conditional decree, with no jurisdiction at all.

by Joseph Zernik

Sham summons in Ben Yaakov v Rolnick (53747-02-12) in the Tel Aviv District Court. Similar to changes that took place in the Supreme Court since 2002, fraudulent computer systems were implemented also in the district and magistrate courts in Israel (Net HaMishpat) from 2002-2010. Summonses today are not dated, bear no name of a clerk, no signature, and no seal of the court. Such records cannot be deemed valid court records by any legal standard, and process that is commenced through such summonses should be deemed sham litigation. [^xii]

F. Fraud complaints against "Chief Clerk" Sarah Lifschitz and Presiding Justice Asher Grunis of the Israeli Supreme Court (2012-2013) [^xiii,^xiv,^xv,^xvi]

The June 2, 2013 and a previous April 16, 2012 fraud complaint against "Chief Clerk" Sarah Lifschitz of the Israeli Supreme Court documented that Sarah Lifschitz:

* Appeared as "Chief Clerk" with no lawful appointment record for over ten years. and

* Issued false certifications of Supreme Court records.

Furthermore, the complaint suggested a motive for the alleged murder of Chief Clerk Shmaryahu Cohen, missing from the 2002 complaint of Oholiva Peretz Izescu. The proposed motive was unlawful takeover of the Supreme Court's servers, previously under custody of the Chief Clerk.

The August 28, 2013 letter from the office of State Attorney states that the complaint was transferred to the office of State Prosecution. The letter should be viewed as affirmation that the complaints included sufficient valid substance to justify its review.

The appearance of "Chief Clerk" Lifschitz with no lawful appointment is not unprecedented. Over the past decade, appearance of senior Israeli government officers with no lawful appointments has been repeatedly documented. In no case were such officers criminally prosecuted. Effectively, such conduct was accepted as non-consequential.

However, the false appearance of Ms Lifschitz as "Chief Clerk" of the Supreme Court is unique, since it undermines the integrity of the Israeli justice system from its foundations. The Israeli courts themselves have ruled that a court, with no lawful office of the clerk is an incompetent court. Therefore, the Israeli Supreme Court should be deemed an incompetent court for over a decade!

The Complaint originated in Dr Joseph Zernik's attempt to file a petition for a conditional decree in the Supreme Court on April 15, 2013, under Dr Joseph Zernik v Minister of Justice Tzipi Livni and Director of the Administration of Courts Michael Spitzer (2689/13).

However, the office of the clerk refused to register some of Dr Zernik's papers, falsely registered others, never issued a conditional decree, and served on him unsigned, unauthenticated decisions, effectively denying him access to the Supreme Court and access to justice.

Therefore, while the process was still in progress, Dr Zernik wrote to the Presiding Justice, noting that he paid full court fees, and asked for fair and honest service in registration of papers he had filed in court, and Equal Protection under the Law.

In his responses, the Presiding Justice repeatedly referred Dr Zernik back to the office of the clerk.

Therefore, Dr Zernik wrote back to the Presiding Justice and asked that the Presiding Justice present the appointment letter of "Chief Clerk" Sarah Lifschitz. In his request, Dr Zernik explicitly detailed the evidence that Ms Sarah Lifschitz was NOT a lawfully appointed "Chief Clerk".

In an August 5, 2013 response, the office of Presiding Justice Asher Grunis stated:
"Ms Sarah Lifschitz, Chief Clerk of the Supreme Court, was appointed in accordance with the customary rules of the State Service for persons of her rank". [ ^xvii]

In his fraud complaint, Dr Zernik states:

"Such response by Presiding Justice Asher Grunis should be deemed false and deliberately misleading; information that was provided with the intent of having Dr Zernik rely on the authority and high rank of Mr Asher Grunis, so that Dr Zernik believe that Ms Sarah Lifschitz indeed was a lawfully appointed "Chief Clerk', that a lawful office of the clerk was in place in the Supreme Court, and that Dr Zernik was accorded Equal Protection under the law of the State of Israel."

It is difficult to believe that the Israeli justice system in general, and the State Prosecution in particular, are capable of addressing the complaints against "Chief Clerk" Lifschitz and Presiding Justice Grunis, which effectively implicate all Israeli justices since 2002 in complicity with unprecedented fraud on the people of the State of Israel by the Israeli judiciary.

G. Widespread corruption of the Israeli judges has been repeatedly documented over the past decade

Over the past decade, under the tenure of Presiding Justices Aharon Barak, Dorit Beinisch and Asher Grunis, the Israeli courts have experienced unprecedented corruption. A recent survey shows that only 22% of Israelis believe that Israeli judges do NOT take bribes.

Deputy Presiding Judge of the Tel Aviv District Court, Judge Varda AlSheikh, who routinely handled major corporate bankruptcy cases and "haircuts" to bondholders, was caught falsifying court records. Regardless of widespread public protest, the Presiding Justice of the Supreme Court and the Minister of Justice patronized her against any material disciplinary actions, and she was permitted to continued sitting on the bench.

Judge Hila Cohen of the Haifa District Court was caught fibulating protocols of proceedings that had never taken place in reality. An unusual procedure was eventually employed to force her off the bench, after the justice system failed to apply any sanctions against her either. Later, through mediation process, overseen by a retired Supreme Court Justice, Cohen was awarded enhanced lifetime benefits, after serving only a few years on the bench...

Accusation of "obstruction of justice with impunity" by the Tel Aviv District Court also appears in the opening lines of the 2012 final letter of self-immolated, social protest activist Moshe Silman. [^xviii]

H. Intimidation of critics of the Israeli judiciary

There is no doubt that had a criminal complaint been filed with police against the Secretary of the Executive Cabinet or the Secretary of the Parliament (Knesset), and furthermore, forwarded to the State Prosecution by the office of Attorney General, such news would have appeared in the headlines of Israeli media. Yet, the fact that such complaints were filed against the Supreme Court's Chief Justice and Chief Clerk, are nowhere mentioned.

Likewise, the part of the UN UPR Report (2013), which in fact documented large-scale fraud in the electronic records of the Israeli justice system was never mentioned by Israeli media, who covered other parts of the same report.

A likely explanation of such situation is the intimidation of media and other critics by the judiciary.

Recently, former National Security Advisor Giora Island has published a newspaper column, calling for reform of the judiciary in Israel. In response, the Director of Administration of the Court, Judge Michael Spitzer issued a letter to all judges in Israel, which was largely viewed as an ad hominem attack on Mr Island. Moreover, Mr Island was called for a meeting with the Director of the Administration of the Court, following which Mr Island was silenced.

An Israeli journalist conducted a radio interviewed the father of a child, who was permanently taken out of Israel to Russia, never to see her father again, after a judge revoked through an ex parte proceeding, without the father's knowledge, the decree which prohibited both parents from taking the child out of state. The journalist was later called for a criminal investigation by police... but the judge was never disciplined.

And while media are reluctant to report on judicial corruption in Israel, Haaretz daily has recently reported that the Israeli judges have initiated efforts to block internet sites that deal with judicial corruption in Israel.

I. Socio-economic developments in Israel 1995-2013 [^xix,^xx,^xxi]

During most of the years of the period, Israel's economy has continued to demonstrate healthy growth. Regardless, during the same period poverty and homelessness levels in Israel have soared, and housing has become unaffordable for working people. A huge gap has emerged in income and asset distribution.

Additionally, an extreme and aggressive debt collection system has been established in the Israel, where exorbitant interest rate and attorneys fees are applied to the debtors, as well as unusual penalties, including, but not limited to imprisonment, denial of the right to travel out of state, and until recently - revocation of driving licenses.

With it, the justice system has become a major oppressive and impoverishing agent.

In parallel, public corruption has become rampant, and public trust in the political system in general, and in the justice system in particular, has plummeted. A recent European survey found that only 22% of Israelis believe that judges in Israel do not take bribes...

Conclusion

The Rule of Law in the State of Israel has been thoroughly undermined over the past three decade, with the final stage representing a takeover of the State through collusion by the Supreme Court and the Shin-Bet, and implementation of fraudulent computer systems in the courts, which facilitate the falsification of court records, issuance of invalid court records, and the conduct of sham litigation. Such events coincided with unprecedented socio-economic deterioration in the State of Israel.

____

Joseph Zernik, PhD

Human Rights Alert (NGO)

Occupy Tel Aviv

____
* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2010 Periodic Review Report regarding Human Rights in the United States, with the note: "corruption of the courts and the legal profession and discrimination by law enforcement in California". 

* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2013 Periodic Review Report regarding Human Rights in Israel, with the note: "lack of integrity of the electronic records of the Supreme Court, the district courts and the detainees courts in Israel."

LINKS

Note:

Wikipedia quotes above, and references below are NOT provided as reliable sources. Wikipedia should be deemed a semi-official government organ. These references are only provided to indicate that the writing in this article is supported even by the official version of the outlined events.