The ombudsman against Ben Gvir: "Repeal the law that gives him the authority to interfere in investigations"

Legal advisor to the government Gali Beharve-Miara informed the High Court this evening (Thursday) that she supports the cancellation of the amendment to the police order , which gives the Minister of National Security, Itamar Ben Gabir , the authority to intervene in investigations. Without guarantees guaranteeing the exercise of power in a professional, independent and equal manner and maintaining the rule of law and human rights. Therefore, the amendment is unconstitutional," she wrote.

Rabbi Miara also stated that "the part of the amendment that grants the Minister of National Security the authority to intervene in the field of investigations should be repealed in view of the serious damage to the independence of the law enforcement system. The other parts of the amendment are also unconstitutional and null and void, unless the court interprets them in a way that guarantees the protection of rights Adam, and preventing the politicization of police work."

We will recall that the issue caused a great storm between the legal advisor to the government and the minister of national security. About ten months ago, Rabbi Miara submitted her response to the petitions to the High Court regarding the constitutionality of the amendment to the Police Ordinance, which was carried out before the Minister of National Security took office.

The ombudsman opened and emphasized that "the duty of the police to exercise their powers in a professional, egalitarian and non-political manner is a basic condition in a democratic country and a necessary guarantee for the protection of individual rights. "Even before the amendment of the ordinance, it was clear that it was within the authority of the minister in charge of the police to establish a general policy for its activities. The amendment to the law referred to the powers of the minister in a vague manner, without establishing balancing mechanisms that would ensure the professional independence of the police. Under these circumstances, a serious concern arises about the possibility of applying foreign considerations When using police force, against politicization of the police and above all against infringement of individual rights."

In response, Ben Gvir said that "the conduct of the legal adviser to the government in a politically scandalous, unbridled and wild manner, contrary to what has been demonstrated since the establishment of the current government, crosses every possible red line." Her behavior is unprecedented in the history of legal advice since the establishment of the state, when the ombudsman comes out consistently, blatantly and openly against the Israeli government. Its conduct according to the standard of the actual opposition chairman, no longer allows the continuation of the existing situation. "In light of the above, and in order to allow the Israeli government to receive basic professional legal service, the Otzma Yehudit faction will submit in the coming days the bill to split the position of Attorney General, and will require the coalition to promote this bill. Even in times of war, the Israeli government is entitled to minimal legal representation that is not hostile.'