Knesset Passes Bill Placing Police Investigations Under the Justice Minister

The Knesset plenum approved overnight, in its second and third readings, the so-called "Mekhash Law," which transfers the Police Internal Investigations Department from the State Attorney's Office to the Justice Minister. Forty-three Knesset members voted in favor of the bill, submitted by MK Moshe Saada (Likud), a former deputy head of the department, and 39 opposed it. The bill is part of the government and coalition's moves to enact laws linked to the "regime overhaul."

The law will take effect eight months after its publication, but the Justice Minister, with committee approval, will be able to postpone its entry into force by an additional four months, with the Constitution Committee's approval. However, the committee for appointing the head of Mekhash and the coordination officer will be established immediately upon publication of the law, in order to allow the steps required to set up the department. The estimated annual cost of implementing the law is 7.6 million shekels.

Under the bill, the Justice Minister would reestablish the Police Internal Investigations Department within the Justice Ministry, separately from the State Attorney's Office. The head of Mekhash would serve a single six-year term and be appointed by a committee made up of the director general of the Justice Ministry, or his representative, who would chair the committee, a lawyer who represents defendants in criminal trials, appointed by the Justice Minister in consultation with the Public Defender, a retired Supreme Court or district court judge appointed by the chairman of the Knesset State Control Committee, a person with experience in investigations or in public appointments, appointed by the Civil Service Commissioner in consultation with the director general of the Justice Ministry, and the Civil Service Commissioner or his representative. A condition for the appointment of the head of Mekhash is eligibility to serve as a Supreme Court justice and experience in criminal law.

As part of separating Mekhash from the State Attorney's Office and the legal adviser to the government, all criminal powers, including the authority to suspend proceedings that are currently held by the attorney general or the state attorney, would be transferred to the head of Mekhash. Mekhash would continue, however, to be subject to the general guidelines of the attorney general and the state attorney. The proposal also establishes a coordination mechanism for the investigation of police officers, under which a retired district or Supreme Court judge would be appointed by the committee to coordinate and decide on police investigations in the event of a dispute between Mekhash and another investigative or prosecutorial body. Among other powers, the coordinator would be able to transfer the handling of an investigation or prosecution to different bodies. The coordinator would also be authorized to hear appeals against Mekhash decisions, authority that until now belonged to the state attorney or the attorney general.

Regarding investigations of Shin Bet employees, Mekhash would investigate with the approval of the attorney general and the department head together, and in the event of disagreement, the coordinator for the police-investigation mechanism would decide. The proposal further states that all Mekhash employees will be civilians, who will receive access to all of the police intelligence and case management systems, according to rules to be set by the police commissioner with the agreement of the head of Mekhash.