Fraudulent New IT Systems of the

Israeli Courts - Unannounced Regime

Change?
Joseph Zernik, PhD, Human Rights Alert (NGO)

State of Israel is not Alone

Failed attempt to exercise the common law right to access court records
to inspect and to copy in Old Bailey, City of London, June 2015.

Human Rights Alert (NGO) reports to the UN

Human Rights Council and othe peer-reviewed
publications showed the same phenomena in IT
systems of the California (2010) and US federal
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courts (2015).

1. Introduction

In recent decades, the courts worldwide have

implemented IT systems.
UN reports on Strengthening Judicial Integrity
Against Corruption (2000, 2001) encourage the
process increased transparency, integrity.
The transition to electronic administration of the
courts amounts to a sea-change in the operations
of the offices of the clerks, and is fraught with
risks for integrity of the courts.
UN UPR on Israel (2013): Lack of integrity in
the electronic record systems of the Supreme
Court, the district courts and the detainees
courts in Israel.
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Methods

IT system analysis and data mining

Case studies

Human rights, national and international

legal implications

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1.1 The systems

The current report reviews IT systems of the

Israeli Supreme Court (name unknown) and the
district and magistrate courts (Net-HaMishpat).
Net-HaMishpat, but not the systems of the
Supreme Court, provides the full range of case
management, public access, and electronic filing
capabilities.
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1.2 Office of the clerk

1. The Courts Order - Registration Office (1936)

Enacted during the British mandate period (1917-1948).

Defined the Chief Clerk's duties: "Excellent maintenance of
court records and registrations."
Minute details of the operations of the Office of the Clerk.

2. The Regulations of the Courts - Office of the Clerk (2004)

Israeli legislation - replaced the the British Order of 1936.

Failed to refer to the Chief Clerk in any manner.
Notable for its brevity and lack of details.
Amended a year later: "The Chief Clerk is authorized to certify
court records 'True Copy of the Original' ".

3. Today no duly appointed Chief Clerk in any court

Routine adulteration, fabrication of court records by judges.

Routine forgery of authentication certificates in all courts.
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1.3 Simulated Legal Process

"Simulated Litigation", "Simulated Court

Record" as defined by Texas Penal Code
32.48 conduct which involves the
dissemination of invalid, ineffectual,
unenforceable, and typically abusive court
records, and fraudulently inducing or
extorting compliance with them.
Also known as Sham Litigation.
Well-recognized for centuries as a common
form of judicial corruption.
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2. Methods

IT system analysis and data mining

Case studies

Human rights, national and international

legal assessment

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3. IT system analysis
3.1 Development in disregard of standards, dubious lawful
authority
3.2 Servers of unverified identity and dubious security
3.3 Invalid implementation of electronic signatures
3.4 Invalid summonses, authentication letters
3.5 Invalid authorities and permissions - discrimination in
access to the courts
3.6 Universal failure to docket summonses and authentication
records
3.7 Adulterated, forged, and missing court records
3.8 Maintenance of double books for dockets
3.9 Unlawful filing of evidence in criminal prosecutions
3.10 Failure to register, deliberate ambiguity of judgments
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3.1 Development in disregard of

standards and law

The State Ombudsman's Report 60b (2010):

Development contracts were unlawfully awarded to

corporations with no legal tender;

Contracts were signed with no system specifications;

Development was conducted with no state employee core

management;

Systems were accepted with no independent validation by

state employees;

The servers of the courts were removed from the custody of

the clerks of the courts to the custody of a corporation, and
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An unknown number of individuals

were issued double ID10

IBM, EDS were involved in similar

conduct around the world...

IBM Fined USD10 Million For China, South Korea Corruption

Former Illinois governor guilty in corruption case
Lawmakers hail arrest in IBM Argentina bribe case
Suspicious death adds to IBM scandal
Swiss Banks Turn Over Millions to Argentina in IBM Bribery
Scandal
Former President of EDSs Indian Subsidiary Settles SEC
Injunctive Action Relating to Violations of the Foreign Corrupt
Practices Act
The California Electricity Crisis: Causes and Policy Options
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11

3.1 Development - dubious legal

authority

Sea-change in court procedures and court

administration with no foundation in the law.
Regulations of the Courts (Office of the Clerk)
(2004) 5: Director of the Administration of
Courts was authorized to change the
Regulations of the Courts as necessary in
conjunction with implementation of the new
IT systems
Violation of Separation of Powers and
Publicity of the Law.
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March 7, 2002: Voiding of all

Supreme Court records

Figure 1. Left: Prior to March 2002 - standard certification True Copy of

the Original, Chief Clerk... Right: After March 2002 - the certification was
removed, disclaimer subject to editing and phrasing changes was added.
Administration of Courts and Presiding Justice refuse to answer under
whose authority and what legal foundationECEG
such
changes were implemented.
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Implementation of invalid post-it

decisions in Net-HaMishpat

Figure 2. Above: Prior to NetHaMishpat implementation, handwritten short decisions were

inscribed on the fact of motion
papers, with the judge's stamp and
hand-signature. Below: Unsigned
post-it decision in NetHaMishpat - electronic image,
superimposed on the motion paper.
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3.2 Servers of unverified identity

Supreme Court - Index of All Files page:

Ownership: This website does not supply ownership information.
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Verified by: Not specified

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3.3 Invalid implementation of

electronic signatures

Figure 3. Invisible electronic signatures - The Emperor's New Clothes.

Unsigned signature box of the 2006-7 Annual Report by Attorney Yoram
HaCohen, Magistrate of Databases and Certifying Authorities pursuant to
the E-signature Act, as published online by the Ministry of Justice. The
signature box says: Truly, Yoram HaCohen, Adv., Magistrate of
Databases, Justice Technology and Information Authority (Originally
signed with a secure electronic signature) [red text in the original jz] ]
The Ministry of Justice denied a Freedom of Information request for a
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visibly signed copy of the Report, claiming that electronic signatures of
government officers are private instruments.

3.4 Invalid implementation of

summonses

Figure 4. Summonses in Net-Hamishpat: Ben-Yaakov v Rolnick (53747

02-12) - the summons is unsigned, bears no seal of the court, is issued in
the name of: Office of the Clerk of the Tel-Aviv Magistrate Court.
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3.4 Invalid implementation of

authentication letters

Figure 5. Authentication letter in Net-Hamishpat: Silman v Social Security

(17520-08) in the Tel-Aviv District Court the August 30, 2012
Accompanying letter of the decision by Judge Hagai Brenner says:
Accompanying Letter. Attached is a decision record. Date: August 30,
2012. Signature of a Clerk - with no signature
and no name of a clerk, no
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seal of the Court.

3.5 Invalid implementation of

authorities and permissions discrimination in access to the courts
Attorneys

Are permitted to file electronically from remote

locations at all times, bypassing the office of the clerk
of the court.

Receive service by email.

Have full access to electronic court file records.

Unrepresented parties

Must file on paper in the office of the clerk during

working hours.

Receive service by paper mail.

Severely restricted access to electronic court file

records.
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3.6 Universal failure to docket

summonses and authentication
letters
Inspection of electronic court file records in NetHaMishpat failed to discover the summonses and
authentication letters.

The Administration of Courts refuses to answer

on Freedom of Information requests regarding
the maintenance of these records.

It remains unknown if they are maintained

among the electronic records in Net-HaMishpat at
all.

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3.7 Adulteration and forgery of court

records

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Figure 6. Forgery of certification of

Supreme Court records: Macmull v
Bank of Israel and State of Israel
(3518/08).

The petition originated in fraud by

a bank on Debtor Macmull in the
Jerusalem Debtors' Court, and
refusal of Bank of Israel to
perform its duties as banking
regulator. The petition was
summarily denied.

Justices signatures of all justices

are in wet ink, in the form (-).

Certification is by Sarah Lifschitz

Chief Clerk with no lawful
appointment.

The certifying statement is invalid

- Duplication is True to the
Original - instead of True Copy
of the Original.
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Figure 8. Falsification and/or forgery of Supreme Court decision

records: Signature and certification box in Judith Franco Sidi et al v
Authority pursuant to the Persons Disabled by Nazi Persecutions Act
(1582/02) Issued this date, February 14, 2007. Boaz Okon,
Magistrate. This duplicate is subject to editing and phrasing changes.
Shmaryahu Cohen Chief Clerk. By February 2007, Boaz Okon
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was no longer Registrar of the SupremeECEG
Court,
and Shmaryahu
Cohen was dead for about five years.

Figure 7. Forgery of certification of decision record in the Tel-Aviv Labor

Court. Left: The web page of the Tel-Aviv Labor Court lists Chief Clerk:
Ms Orly Hammer. Right: The 29, 2014 Judge Giltzer-Katz Decision,
imposing an unusual NIS 4,000 payment in attorneys fees on Plaintiff
Genosar, the Israel Electric Company whistle-blower, was certified using a
True Copy of the Original stamp #49 of an unnamed male Chief
Clerk . Freedom of Information response shows that Ms Orly Hammer
holds no lawful appointment as Chief Clerk of the Tel-Aviv Labor Court,
and that stamp #49 is unlawfully held by Ms Galit Maglid, a secretary in
the Tel-Aviv Labor Court.
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3.8 Double books for dockets

Figure 9. Net-HaMishpat dockets - State of Israel v Rafi

Rotem (1074-02-13) in the Tel-Aviv Magistrate Court criminal
prosecution of the Tax Authority whistle-blower on 19 counts of
insulting public service personnel. Left: The public access
system shows no decisions. Right: On the same date, the office
of the clerk terminal lists a dozen decisions.
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3.8 Double books for dockets cont.

Net-HaMishpat dockets - State of Israel v David Levy (4284-1014) in the Central-Lydia District Court criminal prosecution
of Tax Authority attorney, who embezzled state funds. Left: The
public access system shows two (2) decisions. Right: On the
same date, the office of the clerk terminal lists twenty-one (21)
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decisions.

3.8 Double books - continued

Net-HaMishpat dockets - State of Israel v Zerni et al (10291-0112) in the Tel-Aviv District Court criminal prosecution of
former Prime Minister Ehud Olmet on bribing. Left: The public
access system shows sixty three (63) decisions. Right: On the
same date, the office of the clerk terminal
lists five hundred and27
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twenty-three (523) decisions.

3.9 Unlawful filing of evidence in

criminal prosecutions

Figure 10: List of Related Files in State of Israel v Rafi Rotem (107402-13) in the Tel-Aviv Magistrate Court, criminal prosecution of
whistle-blower, shows hyperlinks to seven (7) Israel Police
investigation files, although the Defendant had not been provided an
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opportunity to inspect the evidence, regardless
of repeat requests, 2 28
years into the prosecution.

3.10 Failure to register judgments

Figure 11: State of Israel v Roman Zadorov (502-07) in the Nazareth

District Court a case of murder conviction, widely believed to be
framing by the justice system. The September 14, 2010 Judgment,
convicting Zadorov of murder and sentencing him to life in prison is
not listed under the Judgments tab in Net-HaMishpat, . The
February 24, 2014 Supplemental Judgment, which again convicted
Zadorov of murder, is listed as Order on
Defendant's attorney to file
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certificate of counsel.

3.10 Failure to register judgments cont.

Ex-Israeli PM Ehud Olmert sentenced for taking bribes

from U.S. Businessman
By Mike Schwartz, CNN

May 25, 2015

No valid verdict or sentencing record was registered

in Net-HaMishpat in former PM Olmert's bribing
trial.
Judge David Rosen denied a Request
to Inspect 30
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such records in an unsigned post-it decision.

3.10 Failure to register judgments cont.

The Administration of Courts refuses to answer on
Freedom of Information requests, relative to operation
of Net-HaMishpat:

Who holds the authority to register the entry of

judgments in Net-HaMishpat?

Does the registration of Judgment under the

Judgments tab indicate that Judgment was
entered?

Does the failure to register Judgment under the

Judgments tab indicate that no judgment was
entered?
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3.10 Ambiguity in judgment records

Rulings of the Supreme Court: A judgment

cannot be recognized by its title.
Requiring application to a higher court to establish
the nature of a court ruling as a judgment record.
Stands contrary to centuries old tradition, that the
clear identification of judgments, entry of
judgments, and index of judgments are key to the
safeguard of integrity of the courts.

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3.11 Public access to court records

UN reports expect IT systems to enhance public access to

court records and transparency of the courts.
In Israel, new Regulations of the Courts Inspection of Court
Files (2003) were promulgated in conjunction with the
implementation of the new IT systems, which restrict public
access to court records and require the filing of a justified
Request to Inspect.
The 12 year long petition Association of Civil Rights in Israel
v Minister of Justice (5917/97) opposed the new regulations.
The Supreme Court found that public access to court records
is a fundamental principle of a democratic regime, and a
constitutional supra-statutory right, but denied the petition.
Effectively, today public access is extremely restricted,
particularly in cases related to government corruption.
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4. Discussion

IT systems of the courts hold the highest

significance relative to the administration of
justice and the rule of law.
The systems were developed through a high cost,
long-term project, overseen by senior national
judicial officers. Therefore, their fundamental
flaws cannot be reasonably deemed the result of
oversight or human error.
The new systems consistently strip judicial
records and the judicial process of any evidence
of authenticity, validity, force and effect.
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Discussion continued

The systems represent the abandonment of

centuries old fundamentals of English common
law and two millennia of Jewish law the two
major sources of Israeli law.
The systems represent a unique form of judicial
corruption implemented systematically, top to
bottom.
The systems should be viewed as suspension of
the law of the land and denial of access to civil
courts typical of military dictatorships.
As such, the implementation of such systems
represents a regime change, or a constitutional
crisis in a nation with no constitution.
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Discussion continued

Valid IT systems could have provided unprecedented

public access and unprecedented transparency of the
courts. In contrast, the systems created a double
books system, which undermines public access and
transparency of the courts.
Valid, visible electronic signatures could have
practically eliminated the possibility of forgery, or
the issuance of simulated court records. In contrast,
the implementation of invisible electronic signatures
enhanced the ability to generate forged or invalid,
simulated court records. The privatization of
certifying authorities of state electronic signatures
defies and voids their own purpose.
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Discussion continued

The systems undermine the fundamentals of Human

Rights in the State of Israel, including, but not
limited to of fair public hearing and access to
national courts for protection of rights.
The development and implementation of the new IT
system of the Israeli courts was launched under the
tenure (1995-2006) of Supreme Court Presiding
Justice Aharon Barak, who purported lead a
constitutional revolution in Israel, but was judged
by outside observers a 'despot', 'pirate', or the
world's record holder in 'judicial hubris' (Posner,
2007). The current report proposes that Justice
Barak in fact presided over unprecedented,
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deliberate, systematic corruption
of the Israeli

Discussion continued

The implementation of the new IT systems

correlates with a period of unprecedented,
rampant government corruption and the
emergence of extreme socio-economic gaps: The
economy fell under the domination of a handful
of 'tycoons', and Israel has been propelled to the
first place among OECD nations in poverty rate
without suffering any economic crisis.
The socio-economic transformation has also led
to the emergence of a social protest of
unprecedented scale.
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Discussion continued

The State of Israel is not alone. Similar, but older

IT systems have been reported in the state and
federal courts in the United States (HRA, 2010,
2015).
The key role of two US-based international
corporations, IBM and EDS, in the unlawful
development and implementation of the new
Israeli IT systems should be noted, as well as
similar conduct by IBM in other nations.
Incompetency of the Israeli justice system may
have serious international implications, e.g.,
relative to jurisdiction by the Hague
International Criminal Court.
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5. Proposed Corrective Measures

The implementation of the new, fraudulent IT systems in the Israeli

courts, implicates the judiciary as a class, as well as the Israeli Bar
Association and the Ministry of Justice.
Corrective measures may eventually require a Truth and
Reconciliation Commission or similar approach.
Under similar circumstances in the US courts a century ago, key
corrective measures started with reform of the offices of the clerks.
A similar approach may be helpful in Israel.
IT systems of the courts should be transparent pursuant to
Publicity of the Law.
IT systems of the courts should be developed under accountability to
the legislature pursuant to the Separation of Powers.
Human rights and internet activists should keep vigilance in
monitoring such systems.
IT experts should assume more prominent duties in the safeguard of
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civil society in our era.

Joseph Zernik, PhD

Human Rights Alert (NGO)

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