Israeli Supreme Court Allows Attorney General to Oversee Shde Yemen Leak Investigation

The Israeli Supreme Court rejected a petition seeking to prevent the Attorney General from supervising the investigation into the leak of materials in the Shde Yemen affair. The ruling, delivered on Wednesday by President Isaac Amit and Justice Khaled Kabub, found no grounds to interfere with the legal opinion from the Ministry of Justice’s legal advisor, which stated that the Attorney General is not disqualified from involvement in the case. Justice David Mintz dissented from this view.

The petition was filed by the "We Chose Life" organization, Hertzel Hajaj, and Boaz Kokia. They argued that the State Prosecutor’s Office, particularly the Attorney General, should not oversee the investigation and requested either a prohibition on their involvement or additional time for the Justice Minister to appoint an alternative supervisor. They also asked the court to order the Justice Minister to promptly appoint a supervisor and to require the police commissioner to conduct a comprehensive investigation into all suspicions and suspects related to the affair.

President Amit dismissed the petitioners’ claims, emphasizing that the Justice Minister’s failure to appoint a supervisor under previously set conditions cannot undermine the conclusions of the investigation conducted under senior police supervision. He noted that the ruling in the Democracy Guard case was not intended to allow the minister to use his authority to pressure a criminal investigation. The court upheld the legal advisor’s decision to reconsider the conflict of interest question based on updated factual information and found no reason to prevent the Attorney General from supervising the investigation.

As a result, the Attorney General’s appointment as supervisor is effective automatically, without further ministerial approval. Investigation materials have already been transferred to him, and he has formed a team of prosecutors tasked with summarizing the case, making recommendations, and determining if further investigation is needed. Justice Mintz argued for a conditional order requiring the Justice Minister to explain the delay in appointing a supervisor, warning that without such an appointment, the investigation’s integrity cannot be assured.

In closing, President Amit expressed hope that after dozens of individuals have been questioned and the police announced the investigation’s conclusion, the process can finally advance and conclude swiftly, ensuring accountability for those involved.