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The Israeli High Court of Justice has issued a landmark decision regarding the examination into the controversial “Sde-Teyman” case – a matter involving a leaked video depicting alleged abuse at a military detention center – significantly restricting the Justice Minister’s ability to directly control the inquiry. The ruling, reported by Ynet, effectively cancels the appointment of retired judge asher Kola as an observer and sets strict criteria for any replacement, while also acknowledging the extraordinary circumstances that warranted the Minister’s involvement in the first place.
The Core of the Court’s Decision
The High Court’s ruling centered on three key points. First, the court steadfast that Asher Kola could not serve as an observer due to his existing role as the ombudsman for complaints against judges, a position legally prohibiting him from holding other functions. Second, while acknowledging the Justice Minister’s right to appoint an observer, the court stipulated this individual must be a high-ranking government lawyer with extensive experience in criminal cases and demonstrably no political affiliations.the court found that the prosecutor’s office itself was conflicted and unable to oversee the investigation, as key figures, including Prosecutor General Amit Aisman, could potentially be called as witnesses.
The court suggested potential candidates for the observer role include a retired Supreme Court judge, a sitting district court judge, or a high-ranking government lawyer with investigative authority.
Origins of the Conflict: A Prosecutor’s Office in the Witness Stand
The conflict arose from the unique circumstances of the “Sde-Teyman” case, as highlighted by Judge Yael Vilner. She explained that the situation had created a scenario where central figures within the prosecutor’s office were likely to be called as witnesses,thereby disqualifying them from maintaining control of the investigation. Judges Alex Stein and Gila Kanfi-Steinitz concurred with this assessment.
This situation represents a rare instance where the prosecutor’s office is unable to appoint an internal supervisor, necessitating the Justice Minister’s intervention
Understanding the “Sde-Teyman” case
The “Sde-Teyman” case originated last summer with the publication of a video filmed at the Sde Teiman military detention center. The footage depicted soldiers allegedly beating a detained Hamas militant, sparking public outrage and raising questions about the leak itself.
The decision to release the video was made within the military prosecutor’s office. Ifat Tomer-Yerushalmi, the former chief military prosecutor, authorized the release, claiming it was a response to a “smear campaign against prosecutors.” She subsequently resigned following the revelation of her actions.
According to the case file, Tomer-Yerushalmi allegedly instructed a subordinate to provide the recording to a specific journalist and to select a particular version of the video. She is currently suspected of fraud, breach of trust, obstruction of justice, and abuse of official position.
Following her resignation, Tomer-Yerushalmi briefly disappeared, with her car found abandoned. She later turned herself in, initially claiming to have discarded her phone. The phone was eventually recovered and handed over to investigators, and she was placed under house arrest.
On november 9th, an ambulance was called to her residence after she reportedly ingested a large quantity of sleeping pills and was hospitalized at Ichilov hospital. her house arrest expired on November 16th, and police did not seek an extension while she remained in the hospital.
The ruling establishes strict guidelines: an external observer can only be appointed when no individual within the prosecutor’s office is free from a conflict of interest. This observer must be a senior,experienced,and politically self-reliant legal professional. The court emphasized that this arrangement is temporary, and the prosecutor’s office can regain control of the case if its leadership is ultimately cleared of any wrongdoing.
