Attorney-General Gali Baharav Miara warned the government against interfering with police operations after the cabinet announced it planned to hold a discussion concerning police operations during protests.
“The law enforcement system is obligated to activate the authority granted it by law in a professional and independent manner,” wrote Baharav Miara in response on Thursday. “This independence serves as a central guarantee for the protection of human rights.”
“Especially in times of protests against the policies of the government and its ministers, the government must be extra careful to avoid actions that could be interpreted as an attempt to illegitimately influence the professional considerations of law enforcement.”
Baharav Miara stressed that holding such a discussion now “raises many difficulties.”
“Effectively, the government is asking to discuss concrete incidents linked to a protest against its policies. Moreover, some of the participants in the discussion have personal interests being currently handled by law enforcement.”
Israelis protest at Ben-Gurion Airport on July 3, 2023 (credit: ISAAC MINTZ)The attorney-general added that she and the other representatives of the law enforcement system would present the guidelines for the handling of protests, but would not discuss – directly or indirectly – concrete incidents.
“A democratic country is obligated to create a balance between the high and special status of the basic right to freedom of expression and the public interest of preserving public order, personal safety and other rights,” added the attorney general.
The comments by the attorney general came after she was asked to participate in the cabinet meeting this coming Sunday to answer questions concerning the police’s handling of anti-judicial reform protests, according to Ynet.
The attorney general received a letter from cabinet secretary Yossi Fuchs noting that they would compare her answers to other protests, including the protests against the Disengagement in 2005 and the protests of Ethiopian Israelis in 2019.
The cabinet secretary asked the attorney general to prepare answers concerning the number of protesters arrested, the policy concerning the blocking of roads, the policy concerning threats to public officials, and the policy concerning calls for civil disobedience.
Levin accuses AG of ignoring ‘dangerous selective enforcement’
Justice Minister Yariv Levin expressed outrage at the attorney general’s letter, calling the letter “disturbing” and accusing Baharav Miara of ignoring the “ongoing and unprecedented violation of the fundamental rights of millions of citizens.”
Levin additionally accused the attorney general of ignoring “the dangerous selective enforcement that takes place today,” comparing the handling of the anti-judicial reforms to protests against the Disengagement and by the haredi (ultra-Orthodox) public.
“The right to protest within the framework of the law is sacred and is not subject to any debate, but massive violations of the law and incitement to violence and disobedience to the law require a clear and uniform enforcement policy,” said Levin. “We will demand answers to this at the next cabinet meeting.”
National Security Minister Itamar Ben-Gvir also attacked the attorney general, stating “the attorney-general, like Superintendent Ami Eshed, seriously harms the rule of law and public trust. Instead of doing her job and enforcing the law, she becomes a politician in uniform, exceeds her authority, and works full-time in the service of the opposition. There is no harm to the rule of law more than the promiscuous political conduct of the attorney general.”
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