Tuesday, November 07, 2006

Amnon Rubinstein's interview in the Jerusalem Post yesterday was astonishing. He issued as sweeping a condemnation of the police and prosecution as one could hope to get from someone in his position. Rubinstein is no right-wing hothead; he is a level-headed liberal who has been a Minister and a law school dean. If he is saying this stuff, he knows a lot more than he is letting on.

The background is that of the last six Justice Ministers, Sheetrit and Hanegbi were under investigation during their entire tenure (and hence scared of the very people they were supposedly in charge of) and Yaakov Neeman and Haim Ramon were forced out of office on trumped-up charges the moment they made a few independent noises. Only Yossi Beilin and Tomi Lapid were spared the wrath of their underlings and it isn't hard to imagine why.

Here is what is known so far about the most recent case, the dumping of Haim Ramon:

-Ramon was reconsidering whether to appoint Dorit Beinish as Chief Justice and was planning to turn some of the discussions of the Judicial Appointments committee into public hearings.
- The case against Ramon rests in large part on hearsay testimony from Gad Shamni and Shula Zaken, two people extremely close to Olmert. Zaken's phone, in Olmert's office, was bugged by police, presumably with her agreement (her agreement has not been confirmed). The information so obtained was not disclosed to Ramon's lawyers, as it should have been by law.
-Miri Golan, formerly head of the National Fraud Squad of the Israeli Police, coerced the alleged victim into testifying, telling her falsely that she had a legal obligation to do so. Golan has been accused of being deeply involved in the cover-up of an earlier major scandal.
-The indictment against Ramon was brought just in time to get him out of the Justice Ministry before Beinish's appointment was to come up. The system never works that quickly, especially in high profile cases such as this.
-As soon as Meir Sheetrit took over for Ramon, he announced that Beinish would be appointed Chief Justice and that all the discussions of the Judicial Appointments committee would remain secret.

Plenty of dirt will no doubt still come out. In the meantime here is what Rubinstein had to say:

The ongoing trial of former justice minister Haim Ramon for alleged sexual misconduct is an example of blatant and systematic "abuse of authority" by the State Attorney's Office that calls into question the very trustworthiness of Israel's legal system, Interdisciplinary Center Herzliya president Amnon Rubinstein told The Jerusalem Post on Sunday.

"To my knowledge, [the case] marks the first time the State Attorney's Office has lied to attorneys," Rubinstein said, referring to the office's false claim early in the investigation that it had not carried out secret wiretaps.

Not only was the false claim itself a criminal act, according to Rubinstein, but the way prosecutors obtained "testimony from the plaintiff has a criminal aspect to it. They [reportedly] told [the plaintiff], 'If you don't lodge a complaint, there will be a trial held against you.' This had no basis in reality! It's an abuse of authority."

The final result, Rubinstein said, was the "expulsion of an Israeli justice minister. And," he added, "it's the second time. The first was [Yaakov] Neeman."

In 1996, Neeman was charged with submitting a perjured court affidavit relating to witness Martin Brown in the Aryeh Deri case. The prosecutors never so much as interviewed Brown, and all that was wrong with Neeman's document was a date - an error that could result from a mere typo.

The charges were summarily and ignominiously tossed out of court, Neeman was unable to reassume his office.

Rubinstein, who is perhaps the foremost authority on Israeli constitutional law, said the consequences of such conduct on the part of the highest law-enforcement authorities in the country were devastating to the proper functioning of the state.

"People are too frightened to even speak about this," he said. "Over the past 20 years, every single prime minister has been the target of investigation... and despite all the noise from the State Attorney's Office, there wasn't a single conviction. You call in all these prime ministers for investigation, and the investigation is publicized all over the world, and there are no [time] limits to these investigations."

One example was "the investigation of [former prime minister] Bibi [Netanyahu]" in the Amedi affair, he said. "As an MK, I asked what crime [Netanyahu] was suspected of committing. I asked, and nobody could answer it. What was the crime with Amedi, that he hired someone he knew when he was prime minister to transport furniture? What's wrong with that? I'm glad I defended him then, even though I wasn't in his political camp."

So dysfunctional was the behavior of the State Attorney's Office in the Ramon affair, Rubinstein said, that the entire legal system must be reexamined to ensure that such conduct does not recur. "This is abuse of power," he declared, quoting historian Lord Acton's maxim that "absolute power corrupts absolutely."

Rubinstein gave three recommendations to end the systematic "abuse" he said was evidenced in the Ramon affair.

"First, the trial against Haim Ramon must be ended." For Rubinstein, the trial gives the impression that "it's a political witch-hunt," and that "Israel is an insane asylum: While witch-hunts aren't conducted by politicians against government officials, as in some backward countries, they are conducted by government officials against politicians!

"Second," he continued, "there must be an investigation of the State Attorney's Office and the police." Such an investigation could not be conducted by any existing branch of the law-enforcement system, including the Police Investigations Department in the Justice Ministry, he said.

"We need a special prosecutor, as in the United States. When you can't trust the system, you have to bring someone in from the outside. The government should establish this specially for this case," he said.

Rubinstein's third recommendation is for the "establishment of a committee of legal experts to reexamine the entire judicial system." Many problematic aspects of the system had to be reviewed, such as "an attorney-general who is [also] the prosecutor-general, the legal adviser to the government, oversees the State Attorney's Office and gives instructions to the police."

While he believes Attorney-General Menahem Mazuz is an "honest and wise" man, the nature of his office "has to be examined."

So wary is Rubinstein of interference by law-enforcement authorities in such reforms that he even suggested bringing in a legal expert from abroad to oversee the committee, since only a foreigner would be immune to police investigation.After all, "The government is frightened of the State Attorney's Office, and even of its own shadow," he said.

Rubinstein also proposed three reforms that could be implemented immediately.

"For all criminal cases, I would have the trial begin only after a hearing is held for the defendant," he said, repeating a recommendation he unsuccessfully tried to pass as a legislator. It was rejected following Finance Ministry reservations over the cost of the measure.

"More importantly," he said, "I would make leaking the details of an investigation to the media a criminal offense."

And finally, Rubinstein recommended "limiting the length of an investigation, both the questioning at the police station during the day and the overall length of a secret investigation. That way there won't be a situation in which, for his kiss, Haim Ramon is investigated in the international spotlight for seven hours at the police station; or [Minister for Strategic Affairs Avigdor] Lieberman being investigated for seven years without even knowing when it will end."

Those elements of Israel's legal system that were turning so patently abusive, Rubinstein said, were "all Israeli inventions. The Israeli legal system created things that don't exist anywhere else in the world."

For example, "In the entire world, there are no indictable offenses that don't get a hearing. In the United States there's a grand jury; in England a committing magistrate; in France a judge investigator," he said. Only in Israel, "One person decides, and one more sends to prison."

While he firmly believes Israel is blessed with "very high-quality" judges, Rubinstein's comparison of Israel's law-enforcement agencies with those abroad has convinced him that "if Israel were to join the European Union, the European Court for Human Rights would cancel a large portion of Israel's criminal law."

"We were always proud of our judicial system. In the past few years, however, I'm not proud of it."


Blogger bar_kochba132 said...

Thank G-d there is an honest man in this country who is finally telling the truth. I hope Rubinstein also will publicize in the Hebrew-language press. I (who have no training in law whatsoever and no special "inside information") have been pointing out that ALL prosecutions of public officials are politically motivated for years and yet SO many people, even "Right-wingers" refuse to recognize the facts (possibly out of some misguided "Zionist" ideology or refusal to believe that Jews, especially officials in the reborn Jewish state, are capable of acting like fascist or communist dictators). Things can not be reformed unless there is a public consensus that something is wrong. I hope everyone will publicize this article as widely as possible.

7:04 PM  
Blogger Ben Bayit said...

THis is an earthquake. It undermines many fundamental principles that are repeated ad nauseum in Israeli legal circles - about the need for a "strong" Att'y general, about the need for judicial "idependence", about the excesses of special prosecutors in the USA and so on.

How ironic is it that Aron Barak and Mishael Cheshin now both work for Rubenstein? :-)

Beinish was also involved in coverup when she was in the prosecutors office

7:46 PM  
Blogger MoChassid said...


Unrelated, but check out Jirhurim on the milk issue.

9:03 PM  
Blogger MoChassid said...

hirhurim, sorry

9:03 PM  
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Jewish History Channel at http://www.ha-historion.blogspot.com

1:13 PM  

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