What it’s about
The Attorney General’s Office has requested the High Court of Justice to annul the government’s decision to establish a commission of inquiry intended to examine the alleged misuse of spyware by law enforcement agencies.
Why it matters
This inquiry has raised significant concerns about its potential to discredit Prime Minister Benjamin Netanyahu’s ongoing corruption investigation. The Attorney General insists that the commission oversteps legal boundaries and encroaches upon the judiciary’s functions.
Government’s stance
Justice Minister Yariv Levin highlighted that the panel isn’t authorized to intervene in current criminal cases, defending the government’s broad discretion in forming such commissions. Emphasizing that the judiciary has very limited review powers over them, Levin dismisses claims that the committee could interfere in Netanyahu’s trial.
Background
Criticism from groups like the Black Robes anti-judicial overhaul protest group highlights fears of undue influence on Netanyahu’s trial. The commission, set up in August 2023, aims to investigate claims of unlawful spyware use against Israeli citizens and officials.
Attorney General’s concerns
Attorney General Gali Baharav-Miara has expressed strong objections to the commission reviewing the activities related to Netanyahu’s investigation or any other pending cases, underlining that no political authority should infringe upon the independence of the judiciary.
In their filing, the Attorney General’s Office asserted that the commission’s mandate conflicts with open legal proceedings, suggesting it could improperly influence ongoing investigations.
The broader context
The issue highlights the tension between branches of government, showcasing the judiciary’s role in maintaining the checks and balances essential in a democracy. The contentious commission brings to light the importance of investigative scrutiny into potential overreach of surveillance tools, balanced against the integrity of legal processes for public officials in Israel.
Supporting accountability
The justice minister warned that without such commissions, there would be no adequate mechanism to examine allegations of misconduct within law enforcement. During a highly scrutinized period for Israeli governance, this inquiry underscores ongoing efforts to ensure accountability and maintain public trust in security institutions.
Commission purpose
The commission is tasked with identifying irregularities in police and State Attorney’s Office procedures concerning the use of cyber tools like Pegasus spyware, stirring significant public discourse surrounding privacy and administrative oversight.
This story was first published on timesofisrael.com.