Friday, March 29, 2013

13-03-17 In RE: RSZ (25607-03-13) in the Haifa Magistrate Court - Three (3) falsified decision records / simulated service of process

           The three unsigned Decision records of the same date in a new file, opened March 2013, were addressed to a person, who is not a party to the litigation.  The Decision record from the Clerk of the Court was accompanied by an unsigned authentication letter by an unnamed clerk, and the two contradictory Decision records from the Attorney included no authentication letter at all.  All three decisions purported to summon the person to litigation, where he was not a party at all.  
            One of the two contradictory Decision records, received from the Attorney, provided 45 days for the response, while 18 days were left to the purported hearing on the matter.  
            The Chief Clerk of the Court, Mr Israel Hen, refuses to certify any of the Decision records of the Magistrate Court, and also refuses to produce a copy of his appointment record as Chief Clerk.
The 2013 Human Rights Alert (NGO) was titled “Integrity, or lack thereof in the electronic records of the courts of the State of Israel”, and subtitled, “a court that refuses to certify its own records, is certified corrupt.”   
Under some jurisdictions, falsification of court records and in particular, simulated service of process, is a felony.  Such conduct is typical of white-collar organized crime.  In Israel judges were caught in recent years falsifying and/or fabricating their own court records.   New electronic record systems, implemented over the past decade, enable such conduct.  The new systems include invisible signatures - "The Emperor's new clothes"", and undermine the authority and accountability of the clerks for integrity of court records.  The Israel systems, developed and implemented by IBM and EDS, copy key features from similar fraudulent electronic record systems, which had been implemented in the state and US courts a couple of decades earlier.


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All three decisions were received by mail on March 21, 2013:
a) Received by certified mail from the Office of the Clerk, accompanied by an unsigned authentication letter by an unnamed clerk: Decision of March 17, 2013, in File 25607-03-13 by Judge Esperanza Alon  The Requester shall serve the Request on the Responder [Ministry of Welfare - jz] and on Joseph Zernik for their response within 60 days from the date of service.  The Office of the Clerk shall serve the Requester and Social Worker per Civil Procedures.
b) Received by certified mail from Attorney Amos Sadika, accompanied by no authentication letter at all: Decision of March 17, 2013, in File 25607-03-13 by Judge Esperanza Alon  The Requester shall serve the Request on the Responder and on Joseph Zernik for their response within 60 days from the date of service.  The \Office of the Clerk shall serve the Requester and Social Worker per Civil Procedures.
c) Received by certified mail from Attorney Amos Sadika, accompanied by no authentication letter at all: Decision of March 17, 2013, in File 25607-03-13 by Judge Esperanza Alon  The Requester shall serve the Request on the Responder and on Joseph Zernik for their response within 45 days.  Absent agreement. the request shall be reviewed together with Requests that were scheduled for File 1829-06-10 on April 4, 2013, 12:00 noon.  The Office of the \Clerk shall serve the Requester and \Social Worker per Civil Procedure.
Mr Israel Hen, who occupies the office of Chef Clerk of the Haifa Magistrate Court, refuses to certify the court's decisions, and also refuses to produce a copy of his lawful appointment record.

LINKS:
[1] 13-03-17 In RE: RSZ (25607-03-13) in the Haifa Magistrate Court - Three (3) falsified decision records / simulated service of process, received by certified mail from the Clerk of the Court and from Attorney Amos Sadika
[2] 12-06-04 Human Right Alert, Submission;  2013 UPR of the State of Israel - "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel"
[3] 12-05-10 Human Right Alert,  Appendix I to Submission; 15th UPR - State of Israel - "Integrity, or lack thereof, of the electronic record systems of the courts of the State of Israel"
[4] 13-01-15 "Lack of integrity of the electronic record systems of the ... courts in Israel," noted in the 2013 Human Rights Council Professional Staff Report, paragraph 25.






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