Opinion | The Prosecutor's Office – for external review

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The attorney general's power is enormous, but it involves a conflict of interest: on the one hand, he advises the Israeli government, and on the other hand he heads the general prosecution and is responsible for investigating and even prosecuting who he is supposed to advise. For years, this duplication has been debated and calls for a split of the role of the court are heard.

However, another important authority of the Judiciary, which is rarely discussed in the public discourse, is its authority to take various measures against its subordinates in cases where they have exceeded their duties. This sounds like standard administrative authority, but in practice it means that it is, and only is, capable of effectively controlling the The work of the public legal service in Israel, unlike other bodies in the country, where external control is also subject to external control, and the factor that must be prosecuted in the event of a violation of the law is external to the system, because of the Ministry of Justice – the responsible person for prosecuting The head of the system itself.

However, in contrast to his conduct toward office-holders and personalities who do not belong to the system he is headed, the Judaism takes a forgiving and compassionate approach when it comes to people close to or subordinate to it.

For example, regarding the conduct of the prosecution in the Zdorov case, and the disappearance of evidence in the corridors of the State Prosecutor's Office and the police, or the attempt by the subordinates to oust the head of the pathological institute to change his testimony – as the Judicial Review Commissioner Hila Gerstel revealed – no steps have been taken by the Judiciary.

No action was taken on his part, either, following the severe report released by the Audit Commissioner, retired Judge David Rosen, on the conduct of the State Attorney, who chose not to launch an investigation against his childhood friend, John Danino. The Deputy Vice President, Dina Zilber, was reprimanded only slightly. When she chose to appear in the Knesset and speak against the Justice Department's legislative initiatives, in contrast to the directive of the then Justice Minister Ayelet Shaked, instead of defending the law and the government.

The State Attorney's struggle to establish an audit body that was supposed to address independent scrutiny need not be expanded. The widespread strikes launched by the State Attorney's Office, so that Hashem did not publish an audit report, and defamation of Hila Gerstel, were published in all media outlets and even resulted in her resignation.

Instead of addressing issues, the prosecutor's war in any publicity that paints it negatively only intensifies. Jerusalem District Attorney's Request to Delete Attorney Daphne Abramovich's Discussion Protocol Because It Was Discovered to Be Consciously in Court, The Prohibition of Public Prosecution Order Issue with State Attorney Nir Chafetz – All Encountered with Loud Silence and Backup by the Judiciary At the top of that system.

This is a built-in conflict of interest. Therefore, beyond structured reforms to be undertaken, such as the separation of jurisdiction and the redefinition of its role and powers in law, another important and immediate solution must be promoted: transferring disciplinary authority to another, external and independent factor, such as the Audit Commissioner, who can test things with objective eyes and Prosecution of the disciplinary authority by the High Court will allow real control over a system that has grown accustomed to being uncontrolled, and will eventually be the guard.

Attorney Yotam Eyal is a member of the Israel Legal Forum



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https://www.israelhayom.co.il/opinion/708587

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