Human Rights Alert NGO

הארגון הלא ממשלתי עוסק בניטור זכויות האדם בישראל, סדרי המשטר הדמוקרטי ומוסדותיו - בפרט מערכת המשפט ואכיפת החוק. הארגון פעיל במיוחד בחקר תקינותן וישרתן של מערכות מידע ממשלתיות. עיקר פעולתה של העמותה בגילוי, ארכיונאות והפצת מסמכים, דוחות, מאמרים, פרסומים בתקשורת, הופעות בכנסים בתחומים אלה, וכן - בפעולות משפטיות הנדרשות.

Saturday, September 7, 2019

2019-09-07 Widespread alterations/fabrications/fraud in Knesset election: Justice Hanan Melcer is demanded to clarify conduct of judges - Chairs of the Regional Committees

Widespread alterations/fabrications/fraud in Knesset election: Justice Hanan Melcer is demanded to clarify conduct of judges - Chairs of the Regional Committees
Investigative reports, which have been recently published, exposed widespread alterations/fabrications/fraud in the April 2019 Knesset election. However, a more important finding in review of the protocols has not been published by media: Out of 19 judges, who officiated as Regional Committee Chairs, only 4 judges indeed routinely signed on the face of the protocols which they reviewed and certified (in regions Acre, Dan, Center-Norty and Sharon-Netanyah).  I.e., about 75% of the prorocols of the 21st Knesset election show no signature and no stamp of review and certification by the judges - Chairs of the Regional Committees. There is no valid documentation that such protocols were indeed reviewed and certified by the judges. Such conduct by the judges creates vague and ambiguous records in the Knesset election process.  Such conduct is inconceivable, particularly under the circumstances we face in the 22nd Knesset election.  Notice and demand for immediate correction of such circumstances was sent this evening to Justice Hanan Melcer, Chair of the Central Election Committee. 
Read more: https://human-rights-alert.blogspot.com/2019/09/2019-09-07-widespread.html

  
Figures. Key personnel who are responsible for failures in the Knesset election process: Justice Hanan Melcer - Chairman of the Central Election Committee, Attorney Orly Adas - CEO, and Mr Lazar Dudovitch - "Head of Operations & Computerization Division".
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Tel-Aviv, Sept 07 - Notice, demand and pre-litigation warning has been sent this evening to Justice Hanan Melccer - Chair of the Central Election Committee.  The notice adds material information regarding the failures that have been recently published by media regarding protocol documents of the 21st Knesset election: The vast majority of the Polling Station Committee protocol documents (about 75%) show no signature and no stamp of the judges - Chairs of the Regional Committee - as documentation of review and certification.
 
Figures. Out of 19 judges, who officiated as Regional Committee Chairs, only 4 judges indeed routinely signed on the face of the protocols which they reviewed and certified (in regions Acre, Dan, Center-Norty and Sharon-Netanyah).
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Such conduct by the judges - officiating as Chairs of the Regional Committees generates vague and ambiguous election records in the Knesset election process. Such conduct is inconceivable, particularly under the circumstances Israel is facing in the 22nd Knesset election.
Chairman of the Central Election Committee Justice Hanan Melcer was demanded to clarify by Tuesday, Sept 10, that instructions or guidelines were issued to the judges to note and sign on the face of each protocol their decisions regarding the same protocol following its review, whether they decide to certify it, or whether they decide to avoid its certification.
It should be noted that such conduct by the judges - avoiding signing of the protocols -is similar in its essence to the conduct that was central to the Judge Varda Alshech "fabricated protocols" affair. In  the Judge Varda Alshech "fabricated protocols" affair Ombudsman of the Judiciary determined that a court hearing protocol, which is unsigned by the judge is merely an invalid "draft".
2018 UN Universal Periodic Review (UPR) of Israel, professional staff report
The widespread alterations/fabrications/fraud, which have been exposed in the investigative reports regarding protocols of the 21st Knesset, surprisingly match the findings on the voluminous Human Rights Alert NGO submission for the UN Human Rights Council Universal Periodic Review of Israel (2018).  The findings were summed in the final Council's report: "... validity and integrity of any legal and judicial records from Israel should be deemed dubious at best."

Following is the demand and pre-litigation notice sent to Justice Hanan Melcer this evening



September 07, 2018


Supreme Court Justice Hanan Melcer
In his capacity as Chairman of the Central Election Committee
By fax: 02-5669855; 02-6759648; 02-675964
By email: ; ;  

RE: Failures in general election procedures – duties and responsibilities of Clerk of the Polling Station Committees and Chairpersons of the Regional Committees - notice and demand for immediate correction prior to election of the 22nd Knesset, and pre-litigation notice
Your by the end of the working day on September 10, 2019 is requested. Time is of the essence

Dear Chairman of the Central Election Committee Hanan Melcer:
Recently published investigative journalistic reports regarding widespread failures in the 21st Knesset election process exposed inter alia for the first time a long term systemic failure, involving appearance of party representatives as officers of the Polling Station Committees with no authorization, in violation of the law, i.e. - with no authority at all.  The suspected serious criminality of such conduct is obvious.
Such systemic failure continued in the drafting of perverted protocols by Clerks of the Polling Station Committees. In such perverted protocols, Clerks registered such persons, lacking any authority, as officers, moreover - had such persons sign the protocols with no authority and no validity at all.
According to such investigative reports, such systemic failure continued with  review and certification of such patently perverted protocols by signatures of judges – Chairpersons of the Regional Election Committees.
Additional widespread failure, even more serious, which was discovered in review of protocols of the 21st Knesset election , was not published by media:
Out of 19 judges, who officiated as Chairpersons of the Regional Election Committees, only 4 judges consistently signed on the face of the protocols, which they examined and certified (in the regions: Acre, Dan, Center-North, and Sharon-Netanyah). I.e., in the about 75% of the protocols of the 21st Knesset election lack any signatures or stamps of the judges – Chairpersons of the Regional Election Committees. There is no valid record that such protocols were indeed reviewed and certified by Chairpersons of the Regional Election Committees.
Such conduct by judges who officiate as Chairpersons of the Regional Committees  renders the Knesset election process vague and ambiguous. Such conduct is inconceivable, particularly under the circumstances of the 22nd Knesset election.
Therefore, we demand your response by 17:00 on September 10, 2019, regarding clear procedures and guidelines of the Central Election Committee for the 22nd Knesset election:
a) Ascertaining access by Clerks of the Polling Station Committees and judges who serve as Chairpersons of the Regional Election Committees to updated lists of the lawfully authorized officers of the Polling Station Committees;
b) Instructing Clerks of the Polling Station Committees and judges who serve as Chairpersons of the Regional Election Committees to verify that those, who appeared and signed the protocols as officers of the Polling Station Committees, were indeed the ones, who were lawfully authorized, and in case they are not – to note it on the face of the protocols;
c) Instructing judges who serve as Chairpersons of the Regional Election Committees to register and sign on the face of each protocol their decisions pertaining to that protocol following its review, either when they decided to certify that protocol, or when they decided to avoid certifying that protocol.
In case no due response on the matter is received by the end of the working day on September 10, 2019, we would be forced to undertake any legal actions, which are available to us under the circumstances.
Truly,
Joseph Zernik, PhD
Human Rights Alert NGO
Tel-Aviv
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