Israeli Justice Ministry Faces Legal Challenge Over New Police Investigations Unit Law

Tensions are rising within Israel's legal establishment as the government awaits the Attorney General Gali Baharav-Miara's response to petitions requesting a temporary injunction from the Supreme Court to halt the implementation of the recently passed "Police Investigations Unit Law." Although the law was approved over a month ago, it has not yet taken effect and is scheduled to be implemented in the next Knesset session. Meanwhile, the Justice Ministry has already issued a tender to appoint the new head of the Police Investigations Unit (Mahash), a move the petitioners seek to freeze until a final court ruling is made.

The law aims to remove Mahash from the Attorney General's Office and place it under the administrative supervision of the Justice Minister and the ministry's director general. This legislation is viewed by many in the judiciary as a key part of the ongoing judicial reforms, despite strong opposition from the Attorney General's Office. Critics argue the law will politicize police investigations, turning officers into agents serving the government rather than the public, and potentially stifling corruption probes involving senior officials.

Legal experts warn that the law effectively establishes a politically appointed prosecutor to lead Mahash, undermining its independence and threatening the integrity of investigations into public officials. They fear this will intimidate investigators and prosecutors, discouraging them from pursuing cases against government allies. The law's supporters, including former Deputy Head of Mahash MK Moshe Saada, claim it will restore public trust by reforming a unit perceived as dysfunctional and biased.

The Supreme Court, led by President Isaac Amit, Deputy Noam Sohlberg, and Justice Daphne Barak-Erez, is expected to decide soon on the petitions for interim relief, with full hearings scheduled after the upcoming elections. The debate reflects broader concerns about the balance between judicial independence and political oversight in Israel's law enforcement system.

The law's backers cite reports highlighting systemic flaws in Mahash's current structure, including conflicts of interest arising from its subordination to the Attorney General's Office, which also represents the police in civil matters. Opponents argue the solution lies in strengthening Mahash's resources and independence without politicizing its leadership. The Attorney General's Office has expressed concerns that detaching Mahash from the prosecution could severely impair its effectiveness and independence, warning that the new model risks political interference without adequate safeguards.