The state has five days to explain why the Winograd Committee's hearings are not open to the public, as well as why the committee is unwilling to publish the protocols of testimony that has been heard by the panel thus far, the High Court of Justice decided Wednesday.

In a conditional order, High Court Justice Edmond Levy ordered the state to explain why the hearings are being conducted in camera, with the exception of cases in which there is a high likelihood of severe and tangible damage to state security.

The issuing of a conditional order by a single judge, as opposed to a panel, is unusual. The conditional order essentially means that the judge is ruling in principle in favor of the petitioners, who are calling for the hearings to be open to the public, and therefore the burden of proof as to why the hearings must be held in camera is now on the state's shoulders.

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Earlier Wednesday, the prosecution presented its response to the petition, which was filed by Meretz MK Zahava Gal-On, in which the state presented a summary of its argument as to why it is opposed to opening the hearings to the public.

It should be noted, that the time period given to the state in order to present its argument is relatively short, pointing to the likelihood that the court intends to rule on the issue before the committee finishes hearing the current round of testimony.
In his decision, Levy also addressed Gal-On's request to issue a temporary injunction freezing the committee's hearings until a final ruling is issued on the petition. "I was inclined to agree to this request, but out of concern that it would seriously hamper the committee's work, I am avoiding taking this step," said Levy.

"Nonetheless, the committee would be wise if, until the court rules, it limits itself to hearing testimony that requires, for reasons of state security, in camera hearings," Levy added.

The High Court rejected Gal-On's request to delay the appointment of a new Israel Defense Forces Chief of Staff on the basis that the request was not included in the original petition.