Israel's Supreme Court Halts Key Parts of Police Investigations Law

Israel's Supreme Court has issued an interim order temporarily suspending the implementation of several sections of the newly passed "Mahash" law, which governs the Police Internal Investigations Department. The decision was made by a majority of the court, with Supreme Court President Yitzhak Amit and Justice Daphne Barak-Erez in favor, while Deputy President Noam Sohlberg dissented.

The interim order was granted in response to petitions filed against the law, which was approved by the Knesset approximately two and a half months ago. Both the petitioners and the Attorney General supported the suspension, citing immediate implications for the Mahash department's operations and the upcoming election period. The Knesset and Justice Minister Yariv Levin opposed the delay, emphasizing the sanctity of Knesset legislation.

The court's majority acknowledged both positions, stating, "After we have considered both the position of the petitioners and the Attorney General, who support granting an interim order due to the immediate implications for the operation of the Police Internal Investigations Department and the election period, and the position of the Knesset and the Justice Minister, who oppose this while emphasizing the status of Knesset legislation, an interim order is hereby granted, temporarily suspending the implementation of the sections."

The Mahash law, passed against the Attorney General's advice, is part of broader judicial reforms and has faced criticism for potentially increasing politicization within the police and impacting officers' independence, particularly in corruption investigations involving senior officials.

Key changes introduced by the law include re-establishing Mahash as a separate entity within the Ministry of Justice, independent of the State Prosecutor's Office. Administratively and budgetarily, Mahash will now report to the Justice Minister. Its civilian employees will gain access to police intelligence and case management systems under rules set by the Police Commissioner and Mahash director. The law also aims to transfer certain criminal authorities, currently held by the Attorney General or State Prosecutor, to the Mahash director, including powers related to delaying proceedings against police officers. However, Mahash will remain subject to the general directives of the Attorney General and State Prosecutor.

Additionally, the law addresses investigations into Shin Bet agents, stipulating that such cases will be transferred to Mahash with the approval of the Attorney General and the Mahash director. Any disagreements will be decided by the official overseeing the coordination mechanism for police investigations.