Watchdog Criticizes Prosecutors for Mishandling PTSD Veteran's Case
Israel's Commissioner for Complaints Against Prosecutors, retired Judge Menachem Finkelstein, has issued a severe reprimand to the Tel Aviv District Attorney's Office (Civil) for its "serious flaw" in handling the case of a former Shin Bet (Israel Security Agency) operative suffering from post-traumatic stress disorder (PTSD) due to her service. The watchdog found the complaint against the prosecution justified on multiple grounds, including significant delays, improper handling of sensitive information, and a lack of proper documentation.
The operative had appealed to the District Attorney's office for assistance in an ongoing legal process before a disability review committee. However, over a year after the appeal was filed, the prosecution had not submitted a response. The operative alleged that the prosecutor assigned to the case filed seven requests for extensions, some with contradictory justifications, without first consulting her. Crucially, it was discovered that the prosecutor handling the sensitive case lacked the appropriate security clearance.
Finkelstein's investigation revealed that the delay was partly due to the prosecutor's failure to contact the compensation officer to obtain the operative's medical file. Even after the file was received, there were further delays in determining if the operative's medical opinion needed to be reviewed by a state-appointed expert. The commissioner noted that the investigation could have been handled more efficiently.
Furthermore, the investigation found a lack of documentation regarding attempts to obtain the operative's position, which violates established prosecution guidelines aimed at ensuring transparency and oversight. Finkelstein concluded that the prosecution's actions added to the operative's distress and suffering.
In response to the findings, the Deputy State Attorney informed the commissioner that guidelines and procedures have been clarified for prosecutors and interns. The Commissioner's office will continue to monitor the implementation of its recommendations.
