Israeli Supreme Court Rules State Comptroller Exceeded Authority in October 7 Massacre Investigation

The Israeli Supreme Court on Monday accepted petitions challenging the State Comptroller, Matanyahu Englman, over his investigation into the October 7 massacre. The ruling addressed eight audit procedures, finding that in four of them, the Comptroller acted beyond his legal authority. In four additional audits, the court ruled that the preparation of draft reports violated the right to a fair hearing for those potentially affected, requiring that they be heard before drafts are finalized.

The court ordered the Comptroller to cease activities related to the four audits deemed unauthorized, while allowing continuation of the other four audits only after ensuring full hearing rights. These rulings pertain to some of the reports on the October 7 events; other reports not covered by the petitions remain unaffected.

The first petition concerned four reports: economic warfare against terror including Gaza policy; border defense with Gaza; intelligence community and political echelon responses to Hamas’s attack plans; and the events of October 7 involving political, military, and security agency actions. Justice Daphne Barak-Erez emphasized the importance of state audits but clarified that the Comptroller’s authority is limited to auditing compliance with norms, not conducting investigations into policy or strategic decisions in foreign and security matters. She concluded these four audits exceeded the Comptroller’s mandate and should be halted.

Justice Ofer Groskopf agreed with the outcome but reasoned that while the Comptroller can audit decision-making processes, he cannot address core policy questions. Given the establishment of a state commission of inquiry into October 7, Groskopf stressed the need to avoid overlapping investigations and coordinate with the commission.

The second petition focused on four other audits: government public diplomacy efforts; handling of civilian casualties; the "Nova" parking lot party security preparations; and southern city defense readiness. Draft reports had been circulated for comment. The court ruled that full hearing rights must be granted before finalizing these reports, especially where personal responsibility is implicated. Groskopf added that affected parties should be heard even before draft reports are prepared.

The Supreme Court’s decision delineates the limits of the State Comptroller’s role in sensitive security and policy matters related to the October 7 massacre and safeguards procedural rights in audit processes.