Chief prosecutor warns police watchdog must remain independent as reform faces court challenge

Israel's High Court of Justice is now considering petitions against a recently passed law that restructures the Justice Ministry's Police Investigation Department, known by its Hebrew acronym Mahash. This reform directly addresses who oversees the police and the degree of independence that oversight body will possess.

Mahash is tasked with investigating suspected criminal offenses by police officers, including allegations of violence, corruption, abuse of authority, and unlawful force during protests. In specific instances, it also probes suspected offenses by Shin Bet personnel. The legal challenge centers on whether the new law compromises the public's trust in professional, impartial handling of complaints against police, especially in sensitive cases involving demonstrations or public officials.

The Knesset approved the amendment to the Police Ordinance late Wednesday, relocating Mahash from the State Attorney's Office to a distinct unit within the Justice Ministry. Proponents of the law argue this move is essential to resolve conflicts of interest, as prosecutors and police investigators work closely together on criminal cases, while Mahash is meant to investigate police misconduct. They assert the reform aims to make Mahash more independent and effective.

Conversely, opponents contend that the law trades one alleged conflict of interest for a more perilous one. While acknowledging the need for Mahash reform, they believe the coalition's version makes the investigative body susceptible to political influence, particularly concerning the appointment and dismissal of its leadership. State Attorney Amit Aisman echoed these concerns in a letter to Mahash employees, emphasizing the continued importance of the department's professionalism and independent judgment.

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the professionalism, independent judgment, and ability to act “without fear or favor” remain essential to public trust in law enforcement.