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11-11-24 Correspondence with the Ministry of Justice of the State of Israel, in re: Electronic Record Systems of the Supreme Court of the State of Israel

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Request filed with the Israeli legislature (Knesset) to examine the integrity, or lack thereof, of the electronic record systems of the Israeli Supreme CourtThe evidence shows that the Supreme Court's electronic record systems are unreliable and invalid. Most alarming is the ongoing refusal of the Supreme Court to certify its own decisions.[] []Chief Justice Dorit Beinish, Supreme Court of the State of IsraelJerusalem, November 22 - request was file with members of the Israeli legislature (Knesset) by Joseph Zernik, PhD, of Human Rights Alert (NGO), to initiate review by the Knesset's Legal Counsel of the reliability and integrity, or lack thereof, of the electronic record systems of the Israeli Supreme Court. [i] Similar requests had been previously filed with the State Ombudsman, with the Attorney General, and with the President of the Bar Association. [ii]The request was accompanied with a report, pertaining to the electronic case management and online public access systems of the Supreme Court, showing various deficiencies in the systems, [iii] which enable the conduct of simulated proceedings and online publication of simulated decisions of the Court. [iv]The report focused on records in cases related to former President of the State of Israel Moshe Katzav, who was convicted on sex crimes in the District Court in Tel Aviv and sentenced to a seven-year prison term. [v] On May 18, 2011, media reported that Katzav's request to postpone the execution of his prison sentence was granted by the Supreme Court, in a decision that was widely criticized as undermining equality before the law. [vi] The decision was issued by Justice Yoram Danziger, who has since suspended himself from the Court, in conjunction with a criminal investigation against him, in relationship to his conduct as an attorney, prior to joining the Court.However, Dr Zernik's report concluded that there was no way to ascertain that the May 18, 2011 decision was deemed by the Supreme Court itself as a valid and binding decision, since the Supreme Court denied access to the respective authentication records (if any existed). Pursuant to the law in Israel, and also the law in most civilized nations, public access to inspect judicial records is guaranteed. However, following the implementation in recent years of the electronic record systems of the Supreme Court, the authentication records are excluded from both the online public access system and the paper files of the Court. Instead, the authentication records are hidden today from public access in the Supreme Court's case management system. Moreover, regarding the May 18, 2011 Decision: The Supreme Court's Magistrate Guy Shani refused to provide a statement on the record, that the decision was and is a valid and binding decision of the Court; [vii] Appeal of the Magistrate's refusal to provide such statement was conducted (and denied) in a manner that would lead a reasonable person to conclude that it was deemed a simulated litigation from start to finish; [viii] The Supreme Court and the Ministry of Justice jointly refused to permit access to a copy of the May 18, 2011 Decision, as served on the State Prosecution (if served at all). [ix] The Supreme Court refused to provide a certified copy of the May 18, 2011 decision. [x] "Most alarming is the ongoing refusal of the Supreme Court to certify its own decisions," says Dr Zernik.This morning, Dr Zernik again filed requests with the Supreme Court for certified copies of the Court's decisions in these cases. [xi]Dr Zernik has gained expertise over the past decade in analyzing the integrity of electronic record systems of the banks, courts, and prisons. His reports on this matter were published in computer science and criminology journals, and presented in international computer science and criminology conferences. [xii] The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the Unit

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Human Rights Alert (NGO)

Joseph Zernik, PhD ‫ד"ר יוסף צרניק‬ PO Box 31440, Jerusalem 91313, Israel; [email protected] ; 91313 ‫ת"ד 04413, ירושלים‬

‫סייג לזכויות האדם‬

Digitally signed by Joseph Zernik DN: cn=Joseph Zernik, o, ou, [email protected] arthlink.net, c=US Date: 2011.11.24 23:56:44 +02'00'

11-11-24 Correspondence with the Ministry of Justice of the State of Israel, in re: Electronic Record Systems of the Supreme Court of the State of Israel Attached:
# 1 2 Record 11-11-24 Correspondence with the Ministry of Justice of the State of Israel, in re: Electronic Record Systems of the Supreme Court of the State of Israel (English) 11-11-24 Correspondence with the Ministry of Justice of the State of Israel, in re: Electronic Record Systems of the Supreme Court of the State of Israel (Hebrew) Page # 2 8

Correspondence with the Ministry of Justice of the State of Israel
Date: Thu, 24 Nov 2011 23:16:37 +0200 To: "Pniyot.Tzibur" <[email protected]> From: joseph zernik <[email protected]> Subject: Attention: Minister of Justice Yaacov Neeman; Re: 6612/11, my letter dated November 10, 2011, and your response dated November 24, 2011 Cc: [email protected], [email protected]

November 24, 2011 Attention: The Honorable Yaakov Neeman Minister of Justice Ministry of Justice of the State of Israel Response within 30 days is kindly requested Re: 6612/11, my letter dated November 10, 2011, and your response dated November 24, 2011 Dear Minister Neeman: Thanks for your office's expedient response, copied and translated below. Please accept instant additional communication and the records, linked below, [1,2,3] as part of the dialogue with State authorities, required by the protocol of the UPR (Universal Periodic Review) of Human Rights in Israel (2012) by the Human Rights Council of the United Nations. To remove any doubt, the undersigned had no personal business before the Supreme Court of the State of Israel. Instead, the Appeal in Dr Joseph Zernik v State of Israel (6041/11), asked the Supreme Court to review the integrity, or lack thereof, of the Supreme Court's own records in the Appeal of Moshe Katzav v State of Israel (3372/11), in particular, and the electronic record systems of the Supreme Court, in general. The undersigned has gained substantial expertise over the past decade in analyzing the electronic record systems in banks, courts, and prisons. His report, as part of the 2010 UPR of the United States, pertaining to the justice system in California, resulted in a note in the UPR official Staff Report, referring to "corruption of the courts and the legal profession, and discrimination by law enforcement in California." [4] The undersigned, Joseph Zernik, PhD, opines that the evidence, included in the records, linked below, would lead a reasonable person to conclude that the electronic record systems of the Supreme Court of the State of Israel, implementation of which has only recently been concluded, are fraud both by design and in operation. Needless to say, it is unlikely that such subject would be addressed by the Internal Audit Unit of

the courts. However, as part of the protocol, referenced above, requests pertaining to this matter were also forwarded to the office of Honorable Judge Alon Gilon, of the Israeli Courts Authority, to the office of the State Ombudsman, the Honorable Micha Lindenstrauss, and to members of the Israeli legislature (Knesset). Therefore, I would be grateful for any comments on this matter, and corrective actions, if any is deemed fit, by your office. Truly,

Joseph Zernik, PhD _______ LINKS:
[1] 11-11-22 Press Release: Request filed with the Israeli legislature (Knesset) to examine the integrity, or lack thereof, of the electronic record systems of the Israeli Supreme Court (English) http://www.scribd.com/doc/73470206/ [2] 11-11-24 Simulated Decisions in the Supreme Court of Israel in Cases Related to Former President Moshe Katzav (English) http://www.scribd.com/doc/73239491/ [3] 11-11-24 11-11-24 Zernik v State of Israel (6041/11) Repeat request, forwarded to the Office of the Clerk of the Supreme Court of Israel, for correction of the listing, or lack thereof, of papers, filed in the Appeal (Engl + Heb) http://www.scribd.com/doc/73669590/ [4] 11-07-04 Joseph Zernik,PhD, Biographical Sketch (English) http://www.scribd.com/doc/46421113/

______

Human Rights Alert (NGO) The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed by the HRC professional staff 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. _______

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_________ ENGLISH TRANSLATION OF THE NOVEMBER 24, 2011 RESPONSE BY MINISTRY OF JUSTICE OF THE STATE OF ISRAEL Jerusalem

November 24, 2011 In replying, please indicate: No 2011/6612 TO: Dr Joseph Zernik PO Box 31440 Jerusalem Greetings, RE: Your letter dated November 10, 2011 Please accept my response, forwarded to me by electronic mail. As a rule, we are not an appeal instance, and we have no authority to intervene in judicial proceedings and decisions, issued by the courts or the Supreme Court. The subject of your letter falls under the authority of the administration of the courts, and you may approach them directly, their address: The Department of Public Communications and Internal Audit, 22 Kanefy Nesharim Street, Jerusalem 91340, 02-6556812, and at the following link: http://www.court.gov.il/heb/home.htm You may also consult with an attorney, regarding the options, available to you by law. You may also check your eligibility by law to receive legal assistance by the Legal Assistance Bureau, Jerusalem and Southern District, 1 Ha-Soreg Street, 2nd Floor, PO Box 1777, Jerusalem 94230, Tel: 02-6211350. To remove any doubt, the above does not constitute an opinion on the matter itself. Devorah Amir Senior Coordinator Public Communications Unit _______________
From: joseph zernik [mailto:[email protected]] Sent: Monday, October 10, 2011 2:25 AM To: Hofit Zehorai; Lilach Shachar Subject: Attention Justice Minister Yaakov Neeman; Request for manuals and other records that may explain the records, electronic systems of the Supreme Court of the State of Israel

October 10, 2011 The Honorable Yaakov Neeman Minister of Justice

Email: [email protected], [email protected], By email Response within 30 days is kindly requested

RE: Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel Request for manuals and other records that may explain the records and electronic systems of the Supreme Court of the State of Israel Dear Minister Neeman: Please accept instant request, pertaining to the records outlined and linked below, for any manuals or other records that may explain the records and electronic systems of the Supreme Court of the State of Israel. Truly, Joseph Zernik, PhD Human Rights Alert (NGO) ____ Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel: Records downloaded from the online public access system on October 9, 2011 The Appeal in Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel originated from the case of Katzav v State of Israel (3372/11). In the latter case, the Clerk of the Supreme Court refused to respond on a request for clarification regarding validity of records, which were provided to Dr Zernik by the Office of the Clerk in response for a request to inspect and to copy decisions of the Court. The online records of the case remain vague and ambiguous. Moreover, the case demonstrates the ambiguity in the design of the online public access system in general.
The records, listed below, are posted online: http://www.scribd.com/doc/68119852/ Records: 1 Zernik v State of Israel (6041/11) Index of All Cases Query (Hebrew and English) 2 Zernik v State of Israel (6041/11) General Details (Hebrew and English) 3 Zernik v State of Israel (6041/11) Parties (Hebrew and English) 4 Zernik v State of Israel (6041/11) Related Cases (Hebrew and English) 5 Zernik v State of Israel (6041/11) Lower Court Cases (Hebrew and English) 6 Zernik v State of Israel (6041/11) Proceedings (Hebrew and English) 7 Zernik v State of Israel (6041/11) Events (Hebrew and English) 8 Zernik v State of Israel (6041/11) Certificates of Service (Hebrew and English) 9 Zernik v State of Israel (6041/11) Pleadings (Hebrew and English) 10 Zernik v State of Israel (6041/11) Decisions (Hebrew and English)

Brief Chronology: The records of the Appeal showed irregularities from the start:



The records of the entire case of the Appeal appeared, then disappeared from the online public access system, and re-appeared following protest by the Appellant. [3,4.5] • The September 7, 2011 Judgment in the Appeal was issued unsigned, and failed to appear in the Calendar of the Court. [9]

Therefore: 1) On September 20, 2011 Request for Clarification in re: validity of the September 7, 2011 Judgment [10], was duly filed. The Request was stamped and signed Received for Registration by the Office of the Clerk:


As seen below, the September 20, 2011 Request is not registered among the online records of the case. • As seen below, the September 20, 2011 Request is not listed under Registration Rejected, either. • No decision pertaining to this Request appears among the online records, and no decision was served. 2) In parallel, on September 20, 2011 Request for Clarification was forwarded to the Office of the Clerk, in re: failure of the September 7, 2011 Judgment to appear in the Calendar of the Court. [11]


The September 20, 2011 Request has not been answered by the Office of the Clerk to this date. In addition, the Supreme Court denied the request September 5, 2011 Request for Access to manuals, which would explain the procedures and records, as they appear online. [8] Regarding design of the online public access system, as documented in the records below, it should be noted:


Fails to include a clear docket, where all records, which were entered (registered) are listed. • Fails to state which of the records, which were filed, were indeed entered. • Lists the decisions and judgments of the Court as issued (but not as entered) (under 7, below) • Lists various events, whereas the nature of event remains undefined. Regarding the online records in the specific case, as documented in the records below, it should be noted:


To the degree the Events and Pleading should reflect the filing dates of papers in this case, the online records are incomplete, and do not reflect the true filing dates.

A reasonable personal would conclude that the online records of the Supreme Court of Israel in this case, and the public access system in general, remain vague and ambiguous. LINKS:
[1] 11-08-21 Zernik v State of Israel (6041/11) Appeal of Clerk's Decision in re: Request for Clarification regarding Validity of Papers in Moshe Katzav v State of Israel (3372/11) and Request for Waiver of Fees s (Eng + Heb) http://www.scribd.com/doc/62755010/ [2] 11-08-22 Dr Zerniks notice to State Ombudsman Lindenstrauss in re: Dr Joseph Zernik v State of Israel (6041/11) in the Supreme Court Appeal of Clerk of the Supreme Court August 14, 2011 Decision in Moshe Katzav v State of Israel (3372/11) (Eng) http://www.scribd.com/doc/62789310/ [3] 11-08-29 Zernik v State of Israel (6041-11) in the Supreme Court of the State of Israel public access to valid List of Cases s (Heb + Eng) http://www.scribd.com/doc/63494018/ [4] 11-08-30 Zernik v State of Israel (6041/11) Request to comments by President of the Israeli Bar Association regarding validity of the List of All Cases of the Supreme Court of the State of Israel s http://www.scribd.com/doc/63562473/ [5] 11-08-30 Zernik v State of Israel (6041/11) - Appeal in the Supreme Court of the State of Israel purged court file reappears, but its validity remains dubious (Eng + Heb) http://www.scribd.com/doc/63600174/ [6] 11-08-31 Zernik v State of Israel (6041/11) Supreme Court of the State of Israel Request for honest docketing (Eng + Heb) http://www.scribd.com/doc/63661507/ [7] 11-09-01 Zernik v State of Israel (6041/11) Request for Correction of Listing of Events (Eng + Heb)-s http://www.scribd.com/doc/63741373/ [8] 11-09-05 Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel - Request for Access to case management system records and user's manuals (Eng + Heb) s http://www.scribd.com/doc/63999716/ [9] 11-09-07 Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel September 7, 2011 Judgment by Justice S Jubran, as served (Eng + Heb) http://www.scribd.com/doc/65637322/ [10] 11-09-20 Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel Request for Clarification re Validity of the September 7, 2011 Judgment http://www.scribd.com/doc/65674320/ [11] 11-09-20 Zernik v State of Israel (6041/11) in the Supreme Court of the State of Israel Request for Clarification by the Office of the Clerk re: Failure of the September 7, 2011 Judgment to appear in the Calendar of the Court http://www.scribd.com/doc/66171229/

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