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Last update - 10:14 08/04/2008 Ex-chief justice: Friedmann reforms will make Israel third world country By Ari Shavit, Haaretz Correspondent Tags: Daniel Friedmann, Israel  Former Supreme Court president Aharon Barak broke a long media silence Tuesday to lash out at planned judicial reforms by Justice Minister Daniel Friedmann, saying they will turn Israel into a :third world country." Barak declined to give interviews when he finished his tenure in 2006, but he has now decided to speak out against proposed changes to Israel's legal system. "I have had enough. I never believed things could happen at such a pace and with such intensity," said Barak adding that he hoped Daniel Friedmann would understand that his role as justice minister is to defend the legal system. Advertisement "I cannot say that Minister Friedmann's actions were a surprise to me, but nevertheless, they have surprised me. You know, that is how it is with death: It never surprises, but it comes as a surprise," added Barak. He said he understood that Friedmann's appointment was dangerous when the minister set out to change the law in order to limit the Supreme Court president's term to only seven years, as it is for the presidents of other courts. This is seemingly a marginal, administrative change. But Barak says he understood "this is just a point on a chart, and the goal of the chart is damaging the status of the Supreme Court president." "The straw that broke the camel's back" was when Friedmann sent Supreme Court President Dorit Beinisch a letter stating that it was not written anywhere that the president runs the court system. "Then I knew that he has a distorted view of the president's role. I understood he does not understand that the president is the one who shields the system from destructive influences," said Barak. Friedmann's initiatives break down the wall and connect the political and the judicial, said Barak, and risk transforming Israel into a third-world country. "What characterizes a third world country? These are nations with laws, but they do not enforce them since the countries act in keeping with the wishes of the powerful. The powerful can be the neighborhood bully or the government. But in both cases, the situation is the violent party wins," he said. "Judges and court presidents will be subordinate administratively and institutionally to politicians. And slowly it will trickle down, because there will be erosion. Because without independent institutions, there is no personal independence." Barak says if this is how Friedmann is acting now, "imagine what we can expect if his reforms are implemented. The Supreme Court president will lose her authority as head of the system, and judges will feel that the real source of power is the minister, the cabinet and the politicians. I suggest that every reader think carefully about the meaning of this change. It is a nightmare. It is the beginning of the end." "Even if Friedmann thinks there are certain things that need to be fixed, it is impossible to fix by destroying. It is impossible to destroy the court and afterward collect the stones and rebuild. That is not how a friend behaves. That is how an enemy behaves." Barak said the battle over the future of the Israeli justice system is being waged in three arenas: the independence of the judiciary, the choice of judges, and the authority of the court. The judicial culture is one of the state's most impressive achievements, and it is not right to endanger this, said Barak. For example, the initiative to change the make-up of the judicial appointments committee may result in judges being appointed based on political criteria, Barak said: The Labor Party will have its judges, and Shas will have its judges. Regarding Friedmann's plan to restrict the right to appear before the High Court of Justice, Barak said the international trend is to expand such rights, not limit them. Limiting the right to petition the court will be a harsh blow to the fight for civil rights and against corruption, explained Barak, and would keep organizations such as the Association for Civil Rights in Israel and the Movement for Quality Government from appearing in front of the court. A long list of cases against corrupt politicians would never reach the court. The political culture in Israel does not pressure corrupt politicians to resign, and therefore the court's role is essential, Barak said. Friedmann has been stopped for now, said Barak, and has not succeeded in changing the Basic Laws due to coalition commitments, as well as the intervention of the Labor Party and the Likud. But Barak is worried about what might happen when the coalition constraints weaken. Friedmann is not doing his job properly, says Barak, and he is not appropriate for the post. Therefore, the government must take responsibility. "Danny Friedman will not change. ... He is a crusader and will not stop. Therefore, the prime minister, ministers and head of the opposition have a historic responsibility." If Friedmann's initiatives advance, "the result will be a drastic change in the status of the Supreme Court to guarantee civil rights in Israel and guard the rule of law. Court appointments will become political, and the court will be limited in its ability to guarantee ethics and civil rights. It will be a castrated court. A dwarf court." Barak rejected claims that the issues were personal, saying that if his legacy were changed for the right reasons he would be extremely happy, but that that is not the case right now. He said an enormous tsunami was being raised to wipe out the judicial system, and that the legislation was not designed to bypass Barak, but rather to bypass democracy. He added that the while Friedmann's actions have been described as a response to the court's rulings under Barak that everything is judiciable, declaring things non-judiciable means the law can be violated. And who violates the law in such cases? Certainly not the weak, he said. This means the government can do as it pleases. Even the blockade on Gaza is judiciable, he said. All the issues relating to Gaza and the West Bank are judiciable. And why? Because there is international law. The fight is over the character of Israeli democracy, Barak said. A proper democracy is the rule of the majority and the rule of law. There is no democracy without the rule of the majority, but without the rule of law there is no democracy either, without a separation of powers and protection for the individual and minorities. Related articles: Barak: Public must be involved in determining court's authority Beinisch: Friedmann 'sowing strife' in legal system Beinisch, Friedmann trade angry letters over justices Rivals Beinisch, Friedmann join forces to shoot down 'court of economics' Bookmark to del.icio.us   Falk's folly Israel will refuse entry to the UN's Richard Falk for equating Israel to Nazi Germany. Peace when? After 30 years, the public has adopted Peace Now's views, but peace is still elusive.   1.   Yes, Subordinate to Politicians... i.e. Democracy 05:45  |  Straight Talk 08/04/08   2.   Friedman is the Result of a Sea of Corruption Not the Cause 06:23  |  Lou Knee 08/04/08   3.   "Third world"? - "Fascist" would be a better description. 06:26  |  Israel_is_Done 08/04/08   4.   Hey Barak - It`s Called Checks and Balances 06:39  |  Legal Observer 08/04/08   5.   Don`t Fry Israels Justice System Listen to Barak 06:57  |  Zev 08/04/08   6.   Thank You Lou 07:07  |  Zev 08/04/08   7.   Retire already! Barak believes in JUDICIAL TYRANNY!!! 07:52  |  Yaki 08/04/08   8.   CHECKS & BALANCES for the unelected branch!!!! 07:55  |  Ben 08/04/08   9.   Democratic countries are not run by the courts .... 08:18  |  redmike 08/04/08   10.   Sanctimonious & Tyrannical Courts in Israel!!! 08:35  |  Jarod 08/04/08   11.   To Straight Talk #1 and Legal Observer #4 09:16  |  S 08/04/08   12.   Insult to the Third World 10:13  |  Chanalau, Tova 08/04/08   13.   Barak is right 10:19  |  Jim 08/04/08   14.   #3 Israel_is_Done 10:42  |  Jim 08/04/08   15.   #4 Legal Observer 10:52  |  Jim 08/04/08   16.   # 11 this is not america or the UK 11:00  |  JIm 08/04/08   17.   #11 - The US and the UK are not democracies either 11:06  |  redmike 08/04/08   18.   #17 redmike 11:25  |  Jim 08/04/08   19.   Justice 11:27  |  Ben 08/04/08   20.   barak and jurisdictional issues are complete strangers 11:54  |  victor hardman 08/04/08   21.   #18 JIM 12:01  |  AliciaYasmeen 08/04/08   22.   Another thing JIM 12:15  |  AliciaYasmeen 08/04/08   23.   #21 Alicias Yasmeen 12:59  |  Jim 08/04/08   24.   Unless Mr Barak saves us from ourselves, No Thanks! 13:19  |  Jake 08/04/08   25.   #22 Alicia Yasmeen 13:22  |  Jim 08/04/08   26.   What long media silence? Barak has not shut up. 13:55  |  S Judah 08/04/08   27.   More power to you Jim! 14:04  |  S 08/04/08   28.   He should talk now!!! 14:04  |  Buzaglow 08/04/08   29.   Abuse of power 14:39  |  Dror 08/04/08   30.   JIM, thanks for explaining it to me 14:47  |  AliciaYasmeen 08/04/08   31.   IF BARAK IS SQUEALING, FREEDOM MUST BE ON ITS WAY! 16:27  |  Freethinker 08/04/08   32.   Chief Justice 19:17  |  Eliahu 08/04/08   33.   Hate to break it to you mr. Barak 19:54  |  Danny 08/04/08   34.   Alicia Yasmeen, I like your rationale but, I quote 20:50  |  Dror 08/04/08   35.   As far as appointing judges 21:37  |  Dror 08/04/08   36.   redmike used the word cronyism 22:39  |  Dror 08/04/08   37.   bully 10:14  |  jack 09/04/08

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