Human Rights Alert (NGO)

Joseph Zernik, PhD "

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


11-11-14 Katzav v State of Israel (3372/11) - Letter from the office of the Clerk of
the Supreme Court of the State of Israel, denying request for certification
of the May 18, 2011 Decision, postponing the execution of the prison
sentence s

Attached:

# Record Page #
1 11-11-14 Katzav v State of Israel (3372/11) - Letter from the office of the Clerk of
the Supreme Court of the State of Israel, denying request for certification of the May
18, 2011 Decision, postponing the execution of the prison sentence (English)
4
2 11-11-14 Katzav v State of Israel (3372/11) - Letter from the office of the Clerk of
the Supreme Court of the State of Israel, denying request for certification of the May
18, 2011 Decision, postponing the execution of the prison sentence (Hebrew)
5

Brief Chronology:
Request filed with the Israeli legislature (Knesset) to examine the integrity, or lack thereof,
of the electronic record systems of the Israeli Supreme Court

The 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.

Jerusalem, 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.
z 2 / 3 November 22, 2011


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 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. [xiii]

Computer science/informatics experts hold a unique civic duty in the safeguard of the integrity of the
courts, Human Rights, and civil society in the digital era.

LINKS:
[i] 11-11-20 Request for Review by the Knesset's Legal Counsel in Re_ Simulated Records in the Supreme Court of the
State of Israel in Cases Related to Former President Moshe Katzav-s
http://www.scribd.com/doc/73245373/
[ii] 11-10-09 Requests filed with the State Ombudsman, with the Attorney General, with Members of Knesset, and with
President of the Bar Association for comments in re: records and electronic systems of the Supreme Court of the State
of Israel-s (Eng)
http://www.scribd.com/doc/68133603/
[iii] 11-11-20 Simulated Decisions in the Supreme Court of Israel in Cases Related to Former President Moshe Katzav
(English) s
http://www.scribd.com/doc/73239491/
[iv] "Simulated litigation", "simulated decisions", "simulated service" here refer to conduct defined in the Texas Criminal
Code as follows:
Texas Penal Code 32.48. SIMULATING LEGAL PROCESS.
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates
a summons, complaint, judgment, or other court process with the intent to:
(1) induce payment of a claim from another person; or
(2) cause another to:
(A) submit to the putative authority of the document; or
(B) take any action or refrain from taking any action in response to the document, in compliance with the
document, or on the basis of the document.
(b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a
sufficient showing that the document was delivered.
[v] Katzav v State of Israel (3372/11) and Zernik v State of Israel (6041/11)
[vi] 11-11-13 Former President Moshe Katzav compilation of media reports (Heb +Eng)
http://www.scribd.com/doc/60121427/
[vii] 11-08-14 Katzav v State of Israel (3372-11) in the Supreme Court - Clerk Shani's Decision on Zernik's August 14,
2011 Request for Clarification in re: validity of the May 18, 2011 Decision, postponing the execution of the prison
sentence of Katzav
http://www.scribd.com/doc/73229600/
[viii] see [ii], above.
[ix] see [ii], above.
[x] 11-11-14 Katzav v State of Israel (3372/11) - Letter from the office of the Clerk of the Supreme Court of the State of
Israel, denying request for certification of the May 18, 2011 Decision, postponing the execution of the prison sentence s
http://www.scribd.com/doc/73228671/
[xi] 11-11-22 Requests for certified decisions of the Supreme Court:
z 3 / 3 November 22, 2011

- 11-11-22 Zernik v State of Israel (6041/11) Repeat Request for a Signed and Certified Copy of the September 7,
2011 Judgment (Eng + Heb)
http://www.scribd.com/doc/73460055/
- 11-11-22 Moshe Katzav v State of Israel (3372/11) - Repeat Request for a copy of the May 18, 2011 Decision in
Instant Case, Signed by the Justice and Certified by the Office of the Clerk, and for Service of a Signed Decision on
Instant Request (Eng + Heb)
http://www.scribd.com/doc/73464340/
- 11-11-22 Moshe Katzav v State of Israel (3372/11) - Request for a Copy of the September 21, 2011 Decision in
Instant Case, Signed by the Justices and Certified by the Office of the Clerk, and for Due Service of a Signed Decision
on Instant Request (Eng + Heb)
http://www.scribd.com/doc/73466693/
[xii] 11-07-04 Joseph Zernik,PhD, Biographical Sketch
http://www.scribd.com/doc/46421113/
[xiii] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review
(UPR) of Human Rights in the United States as incorporated into the UPR staff report, with a note referring to
"corruption of the courts and the legal profession and discrimination by law enforcement in California".
http://www.scribd.com/doc/38566837/
[
[zerniks digital signature - jz]

[Coat of Arms of the State of Israel- jz]

THE SUPREME COURT OF ISRAEL

November 14, 2011
To:

Dr Joseph Zernik
PO Box 31440
Jerusalem 91313

Dear Sir:

RE: Request for a certified copy of the Courts decision in case 3372/11
Ref: Your letter dated November 2, 2011

Thank you for receipt of your letter, referenced above.

All judgments and decisions of the Supreme Court, which are permitted to be published,
appear in the online public access system.

Regretfully, we will not be able to grant your request for a certified copy of a decision in
a case, where you are not a party.

Every citizen is permitted to inspect the decisions of the Court, which are published
online. We will not be able to provide certified copies of decisions to those, who are not
party to a case.

Truly,

[graphic signature jz]
Idit Melul
Assistant Chief Clerk




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