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Last update - 00:33 08/04/2008 Friedmann lashes back at Supreme Court and Barak By Tomer Zarhin, Haaretz Correspondent Tags: Daniel Freedman, Israel  Justice Minister Daniel Friedmann on Monday slammed the Supreme Court and its former president Aharon Barak for his outspoken criticism of Friedmann's proposed reforms of the justice system. Advertisement Barak said last week that Friedmann's proposals were like a gun pointed at the temple of the Supreme Court. Speaking at a gathering of the Israel Bar Association, Friedmann said Barak had spoken "with no self-restraint." Freedom of speech was considered sacred in Israel as long as it did not refer to the Supreme Court's functioning, he added. He blasted the court for having no tolerance for criticism, while displaying extreme tolerance for harsh political statements in the name of freedom of expression. "That's delegitimizing criticism. Anyone who criticizes is subject to harsh personal attacks," he said. Friedmann said that when he entered office he found the court system in a crisis due to the Knesset and government's complaints that the court was invading their jurisdiction. The court thwarted every complaint "with comments like 'this is the real democracy, the government is subject to other bodies.' The discontent grew. For a long time the Knesset put up with it, sometimes with clenched teeth, but in fact it didn't accept this process," he said. "Beside the profound self-satisfaction in the Supreme Court, there is dissatisfaction in the other instances, which is not always heard." He said that part of the court system's independence consisted in a judge's complete freedom to rule on the basis of the case and not on the basis of the response his rulings evoked from people who could influence his career and promotion. The court system's problem is not merely a shortage of judges but the way the court debate is conducted, he said. "Judges receive a pile of 30 files. They send a file to the prosecution and attorney general and put the rest aside. Then 30 or 40 attorneys scramble to inquire and comment, and present a 10-page response. Now the file already has 50 pages. Sometimes this is not necessary. If there's no case, there's no need for a response," he said. For example, in the case of the appeals filed against the plea bargain with former president Moshe Katsav, the Supreme Court kept asking each of the parties to respond to the other's move, Friedmann said. He said that critics of his initiative to change the composition of the Judges Selection Committee argue that it would increase the politicians'influence in the committee. The critics say the proposal is not democratic and compare it to countries in the developing world, he said. "America is not democratic? Germany? France? In those countries parliamentarians elect constitutional-court judges. Are we the only democrats? They say 'he'll bring us to a third-world state,'" he said. Former justice minister Professor Yaakov Neeman, who also spoke at the gathering, said the court system is in a state of complete collapse. "Instead of helping the justice minister to make the required changes, they pile difficulties," he said. Neeman blasted the Knesset for "refraining to deal with problems because of fear of the judges. The Knesset is the sovereign body representing the citizens, not the justice system," he said. Neeman lashed out at certain retired justices' "street style," which he said demeans the court system Bookmark to del.icio.us   In his father's memory Gilad Sharon's son plans to write his father's memoirs as he lies in a coma. Jammed FM Police close an English radio station which encourages Israeli-Palestinian dialogue.   1.   Friedmann is building a good name for Jewish Justice System 01:41  |  Joseph . E 08/04/08   2.   Friedmann is right 02:07  |  IW 08/04/08   3.   To #2 02:27  |  Jon 08/04/08   4.   To Jon 03:55  |  IW 08/04/08   5.   Supreme Court must be made subservient to Knesset and the people. 04:56  |  Chaim 08/04/08   6.   #5 A bold statement, that one, Chaim 05:55  |  Johnboy 08/04/08   7.   Bravo Johnboy #6 !!!! Excellent post of yours! 09:40  |  S 08/04/08

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