The generation, service, and publication of fake, simulated court records - which are not deemed by the judges themselves valid and effectual - but with the intention that others would accept their authority - is a phenomenon, which is well-known worldwide for generations in incompetent or corrupt courts. In US federal law, the matter falls under Fraud upon the Court. In various state laws, this conduct is defined as "sham" or "simulated" court process. [8] Regardless of the law, the practice is common also in the US courts. [9]
The practice of generating, serving and publishing fake, simulated electronic court records is also the matter underlying an appeal, which was filed in the Israeli Supreme Court on October 1, 2017. [10] The appeal also originated in fake court records, pertaining to the ongoing detention of Lori Shem-Tov. Therefore, the fundamental question underlying instant Appeal pertains to the right of a person, who was delivered purported service of an electronic document, which appears as a court record in a criminal process, to inspect the electronic signature of the same document, in order to verify its authenticity as a valid judicial decision record. Otherwise stated:
Is a court permitted, in a criminal process, to serve a person documents with the intention that the recipient accept their authority as valid court decisions and judgments, and at the same time hold the authenticity of the same records as valid court records a riddle?
Immediately upon filing, the Supreme Court imposed sealing on the court file with no due process of law. The sealing has not been removed to date, regardless of repeat requests and regardless of a protest letter by the Association for Civil Rights in Israel.
The Supreme Court has also failed to rule on the matter to this date.
However, a ruling of sort was issued in the recent 2018 UN Human Rights High Commissioner report on Israel. The report incorporated by reference the Human Rights Alert- NGO submission, and summarized it as follows:
... serious deterioration in integrity of law and justice agencies as a consequence of the implementation of e-government systems... the validity and integrity of any legal and judicial records of Israel should be deemed dubious at best.
One must wonder how such circumstances could emerge and prevail in Israel, which advertises itself as "high-tech, startup nation", almost a decade after implementing electronic file systems in the courts, and almost two decades after the Israeli E-sign Act went into effect.
REFERENCES
[1] 2017-10-29 Israeli bloggers and the vengeful judges -- ongoing detention and chaos in the courtroom | OpEdNews.com
2017-05-05 Court observers scuttle Israeli judge's attempt to hold a closed doors hearing in protesters' criminal prosecution | OpEdNews.com
2017-03-18 [Video] The remedy for Israeli judicial corruption is repression of social protest | OpEdNews.com
https://www.opednews.com/articles/Video-The-remedy-for-Isr-by-Joseph-Zernik-Children-170317-666.html
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