Commissioner Rosen criticizes and calls on the ombudsman: “To establish rules of conduct for public servants”


This morning, the Ombudsman for the Public Prosecutor’s Office criticizes the handling of the issue of construction offenses allegedly committed by Deputy State Attorney Liat Ben-Ari, but on the other hand refuses to discuss the matter. Commissioner Rosen recommended that the Attorney General establish guidelines for the conduct of public servants in the guidelines, outside the framework of their public office

The issue of construction offenses allegedly committed by Deputy State Attorney Liat Ben-Ari refuses to get off the agenda, and this morning (Tuesday) brings the Ombudsman for State Representatives in retired Judge David Rosen to publish a decision in the matter, in which he writes that he has no authority to discuss the matter. He criticizes the conduct of the State Attorney’s Office and calls on the ombudsman to establish rules of conduct for public servants.

As you may recall, about two months ago, the newspaper “Israel Hayom” published about construction offenses allegedly committed by the Deputy State Attorney and who serves as a prosecutor in the trial of Prime Minister Netanyahu Liat Ben-Ari. Following this, Rosh HaAyin City Council member Hanoch Oz appealed to the municipality’s legal advisor to open an investigation into the matter.

However, the State Attorney’s Office apparently did not like the municipality’s intervention in the senior prosecutor’s office. A letter sent by the State Attorney’s Office to the Rosh HaAyin Municipality states: “A letter from Mr. Hanoch Oz, dated August 20, 2006 to the Mayor of Rosh HaAyin, to the Chairman of the Subcommittee on Planning and Construction, to the City Spokesman and the Chief Prosecutor, regarding the Ben-Ari-Shviki couple, has been brought to our attention. Although in the current circumstances we do not deal with the individual issue. “We have found it appropriate to contact you in principle, in accordance with the consistent policy we have adopted over the years regarding the independence of the criminal prosecution.”

Now, in its decision, the Commissioner states that he has no authority to discuss the allegations raised in the complaint, “which it is not disputed that they must be properly, and impartially, examined by the competent bodies (local committee and law enforcement bodies) – like any other citizen – and must be allowed to Their operation lawfully without interruption or intervention, “the commissioner writes.

At the same time, the Commissioner writes in his decision that “it is impossible not to say out loud and clear that a public servant, certainly a public servant who holds a senior position, is commanded to be careful and careful in his conduct as lightly as not only when performing in public office. “And the manner in which the law is enforced by him, and everything, and rightly so, without assumptions and forgiveness.

Commissioner Rosen also writes: “These present things are even more beautiful, these days, when the legal system is a target for pressure on the applicants’ tongues, on the face of it, to appeal and erode its status. The status and power of the judicial system are a cornerstone in a reformed state.” .

Following this, Commissioner Rosen recommended that the Attorney General establish rules of conduct for public servants in the directives of the ombudsman, not in the framework of their public office.

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