AG: Bill for justice minister to control internal police probes unit would ‘structurally’ politicize it

Attorney General Gali Baharav-Miara said Tuesday that legislation being advanced by the coalition that would give the justice minister control over the Department for Internal Police Investigations (DIPI) would “systematically and structurally” politicize the department, which is in charge of probing police wrongdoing.

In a letter to the chairman of the Knesset Constitution, Law and Justice Committee, MK Simcha Rothman, which was written by one of her deputies, the attorney general stated that the new law would turn DIPI from being “a brake on the abuse of power by police and other law enforcement officials” into a “potential tool in the hands of the government.”

She argued that “with this ‘New DIPI,’ authorities might be given a tool for influencing investigations against cops and for affecting their behavior in accordance with authorities’ needs.”

The attorney general pointed to several key flaws in the bill, including the control the justice minister would be granted over the appointment of DIPI’s director; the introduction of a new, politically appointed official within the department to arbitrate disputes over investigations; and the general subordination of the unit to political control.

“The bill removes the barrier between the political echelon and law enforcement. In practice, it therefore does severe harm to the entire law enforcement system, to its independence, to the basic principles of a democratic regime, and to the public,” the attorney general asserted.

The legislation, which was approved in its first of three plenum readings last month, would remove the department from being under the authority of professional prosecutors and set it up as an “independent” agency within the Justice Ministry.

DIPI’s director would, however, be chosen by a five-member committee in which the justice minister would control the appointment of a majority of members.

“It appears that the arrangements included in the proposal are intended to create structured mechanisms through which the political echelon can improperly influence the handling of police and law enforcement investigations and their prosecution,” the attorney general added.

The letter pointed out that DIPI is the primary agency in Israel charged with ensuring the lawful functioning of the police. It also said that guaranteeing the professional independence of law enforcement agencies and “preventing them from political bias in the use of their authority” was a key principle of democratic governance.

The attorney general argued that politicizing the agency, which investigates and prosecutes unlawful police conduct, would have “severe consequences” for the character of the police force itself.

“Illegitimate political influence on DIPI’s work will lead to a dearth of enforcement by police officers against government officials and their associates, and over-enforcement by police officers against groups that are not among those the government seeks to benefit,” wrote the attorney general.

Far-right National Security Minister Itamar Ben Gvir, who has frequently given strong public support, and even promotions, to police officers accused of misconduct, accused Baharav Miara of opposing the bill because DIPI, in its current form, “serves them today as a crime organization under the guise of the ‘law enforcement system’ for fabricating investigations and settling scores.”

“The moment that DIPI is taken out of their hands, their ability to fabricate probes and threaten excellent policemen and officers acting in accordance with the law will be significantly harmed,” Ben Gvir added.