Subscribe to Print Edition | Mon., July 07, 2008 Tamuz 4, 5768 | | Israel Time: 03:51 (EST+7)
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Yes, investigate
By Haaretz Editorial
Tags: Israel, Ehud Olmert 

Justice Minister Daniel Friedmann's plan to name a governmental commission of inquiry to probe the prosecution's handling of the wiretapping affair during the Haim Ramon investigation is slated for discussion in today's cabinet meeting.

The minister does not need the government's approval to establish such a committee, since the matter is "under his jurisdiction," as stated by law. The minister also appoints the members of the committee. He only needs the government to grant the panel investigative powers.

Attorney General Menachem Mazuz submitted an official memorandum to the cabinet ministers, in which he bitterly protested Friedmann's initiative. Using blunt language, which is uncharacteristic of attorneys general, Mazuz accuses the minister of "misusing authority" and waging "a mission of revenge" against law enforcement officials. He claims the motive for naming the panel is rooted in the court's conviction of Ramon, "a close friend and political ally of the prime minister," and that Friedmann's appointment to head the Justice Ministry was made against the backdrop of his fierce criticism of the state's decision to try Ramon, who was subsequent ly convicted.
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Even if the motive for naming the panel is less than pure, its establishment is necessary because the fact that the transcripts of wiretapped conversations in the Ramon investigation were not handed over to the defense represents a violation of the basic right to a fair trial - a fundamental, constitutional right. The plausibility that the wiretaps were concealed from the defense by the prosecution, whether maliciously or carelessly, should keep any fair-minded individual with no ties to the defendant awake at night.

Concealment of the wiretaps in the Ramon affair was investigated by retired district judge Shalom Brenner, who found that the investigation was handled "with extreme negligence."

Retired district court president Vardi Zeiler even suggested that the evidence may have been hidden to conceal police efforts to coerce the central figure in the case to file a complaint against Ramon. Zeiler recommended that a government commission of inquiry be established and given investigative authorities, to which the justice minister agreed.

Public Security Minister Avi Dichter refuses to help appoint the panel members, perhaps in an effort to stymie a probe that would likely expose senior police investigators. Mazuz's forceful opposition suggests his purpose is similar, and that he is seeking to protect senior officials in the State Prosecutor's Office.

Given the problematic nature of a panel being established by a justice minister at war with law enforcement authorities, and its powers being determined by political figures, it would be wise to limit the panel's authority to the concealment of the wiretapping. A comprehensive probe of law enforcement officials' handling of the case, as proposed by the justice minister, should not be done by such a commission, especially one whose members are not appointed by the Supreme Court president.

The State Prosecutor's Office, which serves under the authority of the justice minister, is responsible for concealing the evidence. The minister has the power to decide whether to investigate the matter. Its importance and its consequences for many defendants at the mercy of state prosecutors mean it is necessary for the minister to exercise his powers in this case. There is no "misuse of authority," as the attorney general claims. It is Mazuz's position that raises doubts as to whether law enforcement authorities' handling of the Ramon affair includes details that some would seek to keep hidden from the public eye.
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