Human Rights Alert (NGO)

Digitally signed by
Joseph Zernik
DN: cn=Joseph
Zernik, o, ou,
email=jz12345@ea
rthlink.net, c=US
Date: 2011.07.16
16:30:07 +03'00'

Joseph Zernik, PhD

"
PO Box 31440, Jerusalem 91313, Israel; jz12345@earthlink.net ; 91313 31440

11-07-13 Supreme Court of Israel - Integrity of Court Records in the Digital Era
Attached:
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Record
Integrity of Court Records in the Digital Era (English)
Integrity of Court Records in the Digital Era (Hebrew)

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Integrity of Court Records in the Digital Era

Conditions, where public access to valid judicial records is denied, invalid electronic
record systems were implemented in the courts with no adequate supervision, and
doubts remain regarding validity of the records published online, poses danger to
integrity of the judicial process, in general, and in the case of Moshe Katzav, in
particular.

Valid and honest court records have been the foundation of due process for centuries.
Clear court procedures were established for that purpose, mostly under supervision of the
clerks of the courts. Introduction of electronic record systems affected a sea change in
these procedures. Electronic systems could have assisted in effective and consistent
enforcement of these court procedures. On the other hand, electronic systems opened
new ways to circumvent and undermine these court procedures.
Access to court records to inspect and to copy has been recognized for centuries as a
basic public right. Its purpose is to safeguard the integrity of the courts and prevent their
corruption. Court decisions are the law of the land. Therefore, it is patently unreasonable
to keep court decisions confidential, unless in exceptional cases, pursuant to the law.
Introduction of electronic record systems affected a sea change in this regard as well.
Electronic systems could have ensured public access and transparency of court records to
a degree that has never been possible in the past. On the other hand, electronic systems
opened new ways to undermine public access and transparency of court records.
Therefore, it is evident that the introduction of electronic record systems in the courts is
not a mechanical process. It harbors risks for integrity of the courts and the rule of law.
From the point of view of computing experts any computerized system is an assembly of
commands for the performance of operations. In the case at hand, electronic records
systems of the courts are in fact assemblies of commands for the performance of
operations on court records. Therefore, such systems are similar or identical in their
essence to court procedures.
Out of the principle of separation of the branches of government, court procedures are not
instituted by the courts themselves, although the judiciary is naturally consulted in the
process. In diametric contrast, the electronic record systems of the courts were
implemented by the judiciary with minimal or no oversight by the executive and
legislative branches. There also is no doubt that court procedures must be published.
But court procedures that are inherent to the new electronic record systems have never
been adequately published. Moreover, decisions of the Israeli Supreme Court, published
online by the Court following the implementation of such systems are unsigned and
uncertified. Therefore, such online records are patently invalid court records.
In order to examine the integrity and validity of records of the Israeli Supreme Court,
following implementation of the electronic record systems, request was filed on July 7th
with the Clerk of the Court to inspect and to copy court decisions in two cases from this
year (2011) [1]: Moshe Katzav v State of Israel (criminal), [2] and Bank Ha-Poalim v

Yitzhaq Finklestein (civil). [3] Additionally, request was filed to inspect and to copy the
Guidelines of the Supreme Court, published by Chief Justice Dorit Beinish (2010). [4]
According to a senior Israeli legal personality, Chief Judge Beinish acted with no legal
authority in publishing the Guidelines and usurped the authority of the Knesset and the
Ministry of Justice in doing so. Although no access has been permitted to the record so
far, it is likely that no signed and certified, valid court record of the Guidelines exists, and
that it was published online by the Chief Justice as a non-binding record. [5]
Conditions, where records that appear as valid court records are published online by the
Supreme Court, but their validity is dubious, are not reasonable.
To this date, access to inspect and to copy the Courts decisions in the two cases,
referenced above, has not been permitted. It appears that public access to the May 2011
Decision to postpone the execution of the prison sentence of Moshe Katzav is not a
routine procedure. [5] Therefore, in order to ascertain the validity of this decision,
Freedom of Information request was filed on the Ministry of Justice, pertaining to the
same Decision, as served on the Ministry of Justice. [7, 8]
Conditions, where public access to valid court records is denied, invalid electronic record
systems were implemented in the courts with no adequate oversight, and doubts remain
regarding validity of the records published online by the Supreme Court, poses danger to
integrity of the judicial process, in general, and in the case of Moshe Katzav, in
particular.
The People, the executive and legislative branches should promptly address the situation.
_____
Joseph Zernik, PhD
Dr Zernik has gained substantial experience in recent years in analyzing fraud in the electronic records of the state and
US courts. His opinions on these matters were supported by official report of the UN Human Rights Council, by the
opinions of highly-reputed law enforcement and computer science experts, and by peer-review in international computer
and criminology journals and conferences. Submission he authored on behalf of Human Rights Alert (NGO) for the
Universal Periodic Review (UPR) of Human Rights in the United States by the Human Rights Council of the United
Nations was incorporated into the official 2010 UPR report with reference to corruption of the courts and the legal
profession [9]
_____
LINKS
[1] 11-07-07 Request to Access Records of the Supreme Court of Israel to Inspect and to Copy
http://www.scribd.com/doc/59697136/
[2] 11-07-15 Former President Moshe Katzav compilation of media reports
http://www.scribd.com/doc/60121427/
11-05-09, 11-05-18 Decisions in Katzav v State of Israel (3372-11) Supreme Court of Israel
http://www.scribd.com/doc/60122610/
[3] 11-07-16 Bank Hapoalim - Compilation of Media Reports (Heb+Eng)
http://www.scribd.com/doc/60144421/
11-07-05 Decision in Bank Hapoalim v Finkelstein (2074-11) in the Supreme Court of the State of Israel
http://www.scribd.com/doc/60122767/
[4] 10-01-11 Dorit Beinish: Hanchayot Beit Ha-Mishpat Ha-Elyon // Dorit Beinish: Guidelines of the Supreme Court of the
State of Israel
http://www.scribd.com/doc/48768761/
[5] 11-07-11 Interim Outcome of request to Inspect and to Copy Decisions, Guidelines of the Supreme Court of Israel
(Heb)
http://www.scribd.com/doc/59753837/
[6] 09-10-08 Net Ha-Mishpat: Beinish on the Right to Access Court Records_Globes
http://www.scribd.com/doc/50621508/

[7] 11-07-11 Freedom of Information Request filed on Israeli Ministry of Justice in re: Supreme Court of Israel Decisions in
Katzav v State of Israel (3372-1)
http://www.scribd.com/doc/59811516/
[8] 11-07-13 Addendum to Freedom of Information Request on Israeli Ministry of Justice in re - case of Moshe Katzav
http://www.scribd.com/doc/59965524/
[9] 11-07-04 Dr Joseph Zernik Bio
http://www.scribd.com/doc/46421113/


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LINKS
______
[1] 11-07-07 Request to Access Records of the Supreme Court of Israel to Inspect and to
Copy
http://www.scribd.com/doc/59697136/
[2] 11-07-15 Former President Moshe Katzav compilation of media reports
http://www.scribd.com/doc/60121427/
11-05-09, 11-05-18 Decisions in Katzav v State of Israel (3372-11) Supreme Court of Israel
http://www.scribd.com/doc/60122610/
)[3] 11-07-16 Bank Hapoalim - Compilation of Media Reports (Heb+Eng
http://www.scribd.com/doc/60144421/
11-07-05 Decision in Bank Hapoalim v Finkelstein (2074-11) in the Supreme Court of the
State of Israel
http://www.scribd.com/doc/60122767/
[4] 10-01-11 Dorit Beinish: Hanchayot Beit Ha-Mishpat Ha-Elyon // Dorit Beinish: Guidelines of
the Supreme Court of the State of Israel
http://www.scribd.com/doc/48768761/
[5] 11-07-11 Interim Outcome of request to Inspect and to Copy Decisions, Guidelines of the
)Supreme Court of Israel (Heb
http://www.scribd.com/doc/59753837/
[6] 09-10-08 Net Ha-Mishpat: Beinish on the Right to Access Court Records_Globes
http://www.scribd.com/doc/50621508/
[7] 11-07-11 Freedom of Information Request filed on Israeli Ministry of Justice in re: Supreme

Court of Israel Decisions in Katzav v State of Israel (3372-1)

http://www.scribd.com/doc/59811516/
[8] 11-07-13 Addendum to Freedom of Information Request on Israeli Ministry of Justice in re case of Moshe Katzav
http://www.scribd.com/doc/59965524/
[9] 11-07-04 Dr Joseph Zernik Bio
http://www.scribd.com/doc/46421113/