Prosecutorial Misconduct In Israel: Who Will Investigate the Investigators?


26 Cheshvan 5780

24 November 2019

 

 

Photos of the Night

This "lighted" sign on a wall of a building in Tel Aviv reads "Tifrosh!" (Resign!).

This “lighted” sign seen on a wall of a building in Tel Aviv last night reads “Tifrosh!” (Resign!).

In contrast, this was a pro-Netanyahu demonstration–also in Tel Aviv last night:

Some of the signs read:

Two of the signs read: “We are with Netanyahu!” and  “Netanyahu and Likud Are Together!” Photo: Marc Sellem Castro.

Interestingly, the response to the announced indictments has been relatively muted with small demonstrations for and against Netanyahu in various locations. Your humble servant imagines that within the next week, we will see larger demonstrations on both sides.

 

The News on the Israeli Street

Palestinian terror in the last 24 hours . . .

On the Gaza border:

IDF forces shot down a terrorist Hamas drone as it was crossing the border into Israel.

In Judea and Samaria:

The T-Junction in Gush Etzion, Al Aruv, Luban a Sharqiya, Beit Anun beside Kiryat Arba, the Al-Khader Junction, Hawara, Karni Shomron, Tekoa, Beit El, Hizma, the Hassan Junction at Mt. Hevron, Deir Kadis: these were 12 of some two dozen locations where Palestinian terrorists attacked Israelis with Molotovs and “rocks.”

The United Nations is off to a roaring start . . .

Since the beginning of this U.N. year in early October, the U.N. has already passed 12 anti-Israel resolutions. 

The most recent came 5 days ago when a resolution sponsored by the infamous human-rights abuse countries of North Korea, Egypt, Nicaragua, and Zimbabwe was approved by a vote of 164 to 5 with 9 abstentions.  The only countries voting against it were the Marshall Islands, Nauru, Micronesia, the U.S., and Israel.

Supposedly, this resolution merely affirmed the “right of the Palestinians to have an independent state” (which they already have in Areas A and B of Judea and Samaria, and in Gaza). However, what this resolution actually endorsed was a return to the 1948-9 Armistice Lines, a return which would, for example, give the Jewish Quarter in Jerusalem to the PLO. 

One wonders if any of the 165 countries that voted for this resolution even thought about the fact that the last time the Palestinians and Jordanians had control of the Jewish Quarter they immediately “cleansed” it of every Jew and blew up or trashed its synagogues?

Jews being "ethnically cleansed" from the Jewish Quarter in the Old City of Jerusalem in 1949. This is what happens when Palestinians and Jordanians controlled Jerusalem's holy sites.

Jews being “ethnically cleansed” from the Jewish Quarter in the Old City of Jerusalem in 1949. This is what happens when Palestinians and Jordanians controlled Jerusalem’s holy sites. This is what the United Nations wants to happen again.

A photo of what happened to the Hurva Synagogue:

The Hurva Synagogue after it was dynamited.

The Hurva Synagogue after it was dynamited.

Of course those who voted for the resolution on November 19th  did not think about such troublesome details–because they just don’t care about what happens to Jews.

 

 

TODAY’S BLOG

Prosecutorial Misconduct In Israel:

Who Will Investigate the Investigators?

The entire series of events swirling about the indictments of PM Netanyahu has called into question “evidence” and how it is obtained in this country. This is especially true in Case 4000 which depends entirely on the deposition of Nir Hefetz, a Netanyahu confidant who changed his testimony to implicate Netanyahu after the police interrogators threatened him and his family.

But Case 4000 is by no means an anomaly. Remember the Duma case? That case, believe it or not is still at trial after a year–even after prosecutors were forced to admit that  Jewish teenagers were tortured in an attempt to extract confessions. The only major defendant left in the Duma case is Amiran Ben-Uliel who was indicted as a consequence of his confession which was also under torture.

Amazingly, in the Duma case, the court ruled that the trial of Ben Uliel could nevertheless proceed because the case was not merely dependent on Ben Uliel’s confession. The prosecution claimed that there was other “evidence” that implicated Ben Uliel. The absurdity, of course, is that the case would have never gone to trial without the confession, and there is an abundance of evidence that he did not commit the crime.

By the way, Ben Uliel has now been in custody for more than 3 years.

All of this leads me to another case closer to my home, literally.

The Leonardo hotel just up the street from your humble servant's home here in Ashdod.

The Leonardo Hotel just up the street from your humble servant’s home here in Ashdod (that is the famed satellite dish scultpture you see to the right).

Just up the street is the Leonardo Hotel. Back on July 7, government prosecutors announced that Adel Abu Hayyev, an Israeli-Arab resident of Rahat who was a gardener in the area around the hotel, had been charged with terrorism in trying to blow up the hotel.

In the course of the police investigation, grenades and other weapons including a machine gun were discovered in Hayyev’s home. More than this, bomb making materials which Hayyev had purchased were found as was his computer which showed that he was in contact with individuals in Hamas.

But guess what happened two days ago?

Prosecutors dropped all terror charges against Abu Hayyev and announced that he would merely be charged with “criminal offenses.”

Yes, you read that correctly. To believe the prosecutors, Abu Hayyev is not really a terrorist because he believes in Hamas and wanted to blow up a hotel full of people and machine gun them as people ran out; he is just an ordinary run of the mill criminal.

Why isn’t Hayyev a terrorist? According to the prosecutors, there is a problem with “the evidence”. Grenades, bombs, machine gun: are these not sufficient evidence? Well, not these days in Israel.

Remember another case–the one in which Nirit Zamora was nearly stabbed to death at the Gush Etzion Mall in October of 2015.

In that terror attack, she was stabbed so hard that the knife blade actually broke off in her back–yet, at trial, the judges ruled (subsequently overturned), that the Palestinian was not guilty of a terrorist act because the knife wasn’t big enough.

I mention all of this today by way of saying that whether we are talking about how “evidence” was gathered or manufactured by the police in Case 4000 or the Duma case, or what constitutes “evidence” of terrorism these days in Israel such as in the Zamora of Hayyev cases, there is something seriously wrong with prosecutorial conduct in Israel.

As Netanyahu said the other night, the investigators need to be investigated. 

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