Documente Academic
Documente Profesional
Documente Cultură
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Proposed amendment: Offense of
harming State of Israel foreign
relations
(b) Regardless of any other law, he who acts to
harm the interests of the State of Israel, the
relations between the State of Israel and a state,
an organization, or an institution, as stated in
(a), or any interest, which the State of Israel has
in them, is punishable by 7 year imprisonment;
if intentionally perpetrated - punishable by 10
year imprisonment; if his punishment for such
offenses, even without proof of intention is over
10 years - punishable by life imprisonment.
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Working Hypothesis
● “Code is the Law” (Lessig).
● The study of e-government provides unique
insights into the true nature of legal system
and the regime.
● Unlawful implementation of e-government
can seriously threaten Human Rights, Civil
Society and democratic institutions.
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Methods
System analysis – development, implementation,
validation
Data mining – for invalid and/or fraudulent
records
FOIA requests
Court actions – for demonstrating intent and
collusion of senior judicial officers
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Results
●
HRA-NGO is likely the first to have ever filed Human
Rights reports based on e-government analysis.
●
HRA-NGO submission was incorporated into the UN
HRC Periodic Review report on Israel ( 2018) with the
following summary note:
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Conclusions
Conditions, now prevailing in Israel, amount to:
· A constitutional crisis in a nation with no constitution,
social disintegration, and
· “Treason of the Clerks” - legal and IT professionals.
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Cyber and Deep State
“By his own permission”
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Knesset (parliament)
(L) 2000 Minutes, re: E-sign Bill – bearing disclaimers: “unproofed versions”; (R)
2009 Minutes, re: Biometric Database Bill.
● Minutes - including draft bills and appropriations are maintained as
unsigned Word documents, often bearing the disclaimer
“unproofed version”.
●
MK K Elharrar, Chair of State Oversight Committee: “I don’t
sign anything”.
● The Knesset refuses to answer on FOIA requests, pertaining to
lawful development, validation, operation and security of IT
systems, claiming, “organizational knowledge... not in our 12
possession”.
Central Election Committee
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Central Election Committee
“Conspiracy theories” re: 2015 general election
(L) Attorney Orly Adas – Central Election Committee CEO; (R) Nadav
Argaman – Shin-Bet Head
● Committee’s FOIA response:
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Ministry of Justice
E-signature Act (2001) implementation
US Declarations of Independence (1776), Kaiser Wilhelm II Ab-
dication (1918), State of Israel Declaration of Independence
(1948) – all openly, visibly signed.
Judicial records, where the signatures are hidden – classic “shell-
game fraud”. 21
Ministry of Justice
E-signature Act (2001) implementation
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The Courts
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The Courts
General
In Firefox:
● www.court.gov.il - This website does not provide
ownership information.
● Verified by: Not specified. 31
The Courts
Servers owned by an unlawful entity
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The Supreme Court
Petitions regarding deportation of 1000s of
African asylum seekers
Chronology of Supreme Court petitions:
● August 28, 2017 - Supreme Court special 5-justice panel, headed by
Presiding Justice, permitted the deportation following ex-parte hearing,
recognized agreements with “3rd nations”, which were filed under seal.
● January 05, 2018 – Ruanda and Uganda publicly declared that they have no
agreements with Israel regarding deportation of asylum seekers.
● January 22, 2018 – El Al pilots declared refusal to cooperate.
● January 23, 2018 – 350 physicians’ protest letter sent to Prof Mor-Yosef.
● February 04, 2018 – asylum seekers started receiving “congratulations”
letters, announcing their deportation.
● February 07, 2018 – Med Prof Mor-Yosef (head of Immigration Authority)
refused to state that there was a signed agreement with Ruanda or Uganda.
● March 18, 2018 – injunction in new petitions. Attorney Itay Mack: “The
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agreements, the sealing... it was all a bluff...”
The Supreme Court
(L) Prior to March 2002 - standard certification: True Copy of the Original,
Chief Clerk... (R) After March 2002 - the certification was removed, and a
disclaimer was added: Version subject to editing and phrasing changes.
Administration of Courts and Presiding Justice refuse to answer under whose
authority and on what legal foundation such profound changes were implemented.
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The Supreme Court
No valid Notice to Appear
● The Notices to Appear are critical instruments, relative to
validity of court hearings.
● The Supreme Court is administered in paper court files,
but no Notice to Appear is found in the paper court files.
● The Notices to Appear are maintained as electronic
records, which are not lawfully signed, and which
disappear after the hearing date.
● Supreme Court Presiding Justice A. Grunis failed to
explain the situation (in the context of Requests to
Inspect).
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The Supreme Court
No valid hearing protocols [minutes]
● Court hearing with no protocol is an “off the record hearing”
● Requirement of keeping signed protocols [minutes] is prescribed
by law, but the Supreme Court ignored it for years.
● In a 2008 Judgment (5122/06 ) in the Supreme Court v Minister of
Justice and Presiding Justice, the Supreme Court agreed to keep
signed protocols.
● A 2008 Amendment to the Courts Act also explicitly established it
by law.
● Regardless, the Supreme Court continues to ignores the law to this
date, failing to keep signed protocols of its hearings.
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Supreme Court
Refusal to certify decision records
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The Supreme Court
Even-Israel LTD v Shulman et al
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District Courts
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District Courts
Net-HaMishpat case management system
theories...
State of Israel v Roman Zadorov (502-07) in the Nazareth District Court -
Presiding Judge Avraham Avraham’s January 25, 2016 Decision on request to
inspect lawfully made judgment records and e-signature data: These are not
requests to inspect, but an investigation, which the Requester is
conducting, pertaining to validity of Net-HaMishpat system and
various claims regarding conduct of the judicial panel in this
case. In such matters this court shall not engage. 52
The District Courts
State of Israel v Roman Zadorov
●
Precedential ruling - criminal appeal - by right - was ruled “of civil
nature” and designated as such, requiring payment of NIS 495 in fees,
and changing it into a “Request for Leave to File and Appeal”
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Fake notice was issued, demanding NIS 20,000 in deposit.
Are judges permitted to deceive in
imprisonment records?
Zernik v State of Israel (7631/17) – filed as a criminal appeal in the
Supreme Court
(L) Ombudsman of the Judiciary, Supreme Court Justice (ret) Eliezer Goldberg,
(R) “Fabricated Protocols” Judge Varda Alshech.
Ombudsman Goldberg Decision (88/12/Tel-Aviv District):
●Judge Varda Alshech’s “Fabricated Protocols” were merely
drafts, since they were electronic records, issued in Net-
HaMishpat, but were not electronically signed;
●Created false and misleading impression that valid e-signatures
were implemented in Net-HaMishpat for judges to sign their
decisions and judgments.
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● Failed to recommend prosecution for deceit, breach of trust.
Ombudsman of the Judiciary
E-signatures in Net-HaMishpat
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Bar Association and legal profession
● The Israel Bar Association and the legal profession
should be deemed a key partner in fraudulent practices in
the courts.
● The Israel Bar Association acts as an agency of Comsign
LTD – issuing e-signature instruments to members of the
Bar for electronic filing and receipt of court records. E-
signature cabal of judges and attorneys.
● The Israel Bar Association was the complainant in the
Judge Varda Alshech “Fabricated Protocols” scandal.
However, the Bar failed to demand system-wide
corrective measures regardless of the Ombudsman of the
Judiciary’s decision, which detailed the manner in which
judges routinely falsify electronic records in Net- 67
HaMishpat.
Bar Association and legal profession
(From left) Supreme Court Presiding Justice Esther Hayut, President of the Bar
Association Effi Naveh, and Justice Minister Ayelet Shaked.
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Prison Service
Arbitrary, warrantless arrests – whistle-blower
Shuki Mishol
April 05, 2017 “Decision” by Supreme Court Justice Uri Shoham as received
by fax by Appellant Shuki Mishol:
● Page 1 identifies the person, pertaining to whom the record was issued, only
as Anonymous.
●
Page 5 says: In sum… the Appellant shall appear in Nitzan Prison
on April 23, 2017 before 10:00 am... for serving his sentence,
holding an ID or a passport, and a copy of instant decision. The
signature box says only “Judge”, and the footnote disclaimer says – version
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subject to editing and phrasing changes.
Prison Service
Arbitrary, warrantless arrests – Roman Zadorov
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Shin-Bet
● 2014-09-15
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Cyber Authority and cyber community
Total electronic surveillance
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Cyber Authority and cyber community
Online content management
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Cyber Authority and cyber community
Online content management
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Related socio-economic trends
Rampant government corruption
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Related socio-economic trends
Rampant government corruption
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Related socio-economic trends
Rampant government corruption
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Conclusions
● In our era “[computer] Code is Law” (Lessig, 2000).
● E-government in Israel enables serious abuse of the
right for Liberty and the right for Property:
– Israel should be deemed in violation of all Human
Rights, where competent court are a prerequisite.
– Israel should be deemed in violation of the International
Covenant on Civil and Political Rights (Due Process)
– Israel should be deemed in violation of the Hague
Apostille Convention.
● E-government in Israel enabled unannounced regime
change.
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Israel is not alone
Human Rights Alert (NGO) reports to the UN
Human Rights Council and other peer-reviewed
publications show similar phenomena in California
and in the US federal governments. Similar
phenomena are suspected also in the UK.
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Joseph Zernik, PhD
Human Rights Alert (NGO)
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