Attorney general scolds Ben Gvir for meddling in probe of officer who shot teen
Baharav-Miara warns minister interference is illegal after he showed up at Justice Ministry office to blast investigation of border cop who killed 13-year-old in East Jerusalem
National Security Minister Itamar Ben Gvir was rebuked by top legal officials Wednesday after he showed up in person to defend a Border Police officer being probed over the shooting death of a 13-year-old East Jerusalem boy during riots Tuesday night.
Attorney General Gali Baharav-Miara warned the far-right minister against meddling in criminal probes and the Justice Ministry said it would not be swayed by him.
Ben Gvir, whose ministry oversees the police, turned up at the Justice Ministry’s Department of Internal Police Investigations offices in Jerusalem Wednesday, declaring it a “scandal” that the officer was even under investigation.
The officer was deployed Tuesday night as unrest broke out in the Shuafat refugee camp in East Jerusalem.
Israel Police claim that the officer opened fire when a teen, later identified as Rami Hamdan Al-Halhouli, shot fireworks “directly” at Israeli security forces operating in the area.
In a video of the incident circulating on social media, the teen can be seen lighting a firework and running forward while holding it before he is shot. From the video, he appears to hold the incendiary vertically, and it does not appear to be aimed at police, who cannot be seen in the footage.
ראמי חמדאן בן 13 ממחנה הפליטים שועפאט ירה זיקוק ונורה על ידי שוטר. מצבו אנוש. כאן תיעוד של ירי הזיקוק והירי בילד.
שכל אחד ישפוט בעצמו אבל לדעתי הזיקוק לא כוון ולא סיכן אף שוטר. pic.twitter.com/Mldr3qyXYy— نير حسون Nir Hasson ניר חסון (@nirhasson) March 12, 2024
In a letter to Ben Gvir, Baharav-Miara said the minister’s presence could call the independence of the investigation into question and instructed him to “immediately” avoid such activity.
“Criminal investigations, including of police officers, are carried out with absolute independence by investigating bodies, including DIPI entities,” Baharav-Miara wrote in the letter, which was also released to the media.
“Any interference by you in criminal investigations, whether directly or indirectly, is a flagrant violation of the law, severely undermines the rule of law, politicizes law enforcement systems and is prohibited influence on them.”
Baharav-Miara wrote that the letter was not related to the essence of the probe, “but rather is only concerning your behavior.”
A copy was sent to various officials, including the chief of police and the State prosecutor.
In a separate statement, the Justice Ministry also condemned Ben Gvir, saying his actions had the potential to “harm the independence of the law enforcement system.”
“DIPI will continue to operate independently and will not be swayed by attempts to influence its work,” the ministry said in a statement.
The ministry separately stated that the investigation was part of DIPI’s standard procedures following a fatal police shooting as required by the Attorney General’s Office.
Echoing Baharav-Miara that political intervention of an investigation is illegal, State Prosecutor Amit Aisman blasted Ben Gvir for speaking out against the Justice Ministry unit tasked with investigating police.
“There is no place to accept statements directed against the police investigation department of the state attorney’s office,” he wrote. Such statements “have the potential to harm the independence of the law enforcement system.”
In a statement delivered outside the Justice Ministry, Ben Gvir lambasted the DIPI which, he said, is “destroying Israeli deterrence” and “harming combat police officers,” adding that Israel “does not abandon” its security personnel.
The investigation itself was “shameful and disgraceful,” said Ben Gvir, who was accompanied by the police officer’s attorneys at the entrance to DIPI offices.
“This is simply the biggest scandal, that they summon him here and bring him for questioning,” he added.
Ben Gvir, who invariably and often immediately voices strong backing of police officers accused of acting improperly, noted that he has in the past reinstated Border Police officers who were suspended by DIPI, but promised not to interfere in the probe.
The incident later set off a kerfuffle in the Knesset plenum, where lawmakers were debating the 2024 budget, as Minister Yitzhak Wasserlauf, from Ben Gvir’s Otzma Yehudit party, criticized the investigation.
Israel’s enemies will take note of these internal investigations, Wasserlauf said, calling the probe “a disgrace” and alleging that Israeli security forces “will be scared to do what is necessary to neutralize terrorists.”
In response, Arab lawmakers began yelling, sparking a shouting match between Hadash-Ta’al chairman Ahmad Tibi and Ben Gvir.
Wednesday was not the first time that the attorney general has called out Ben Gvir for overstepping his authority by interfering in law enforcement matters beyond his purview. Ben Gvir has in the past sought to have Baharav-Miara fired.
The attorney general, who was appointed by the previous government, has regularly found herself at loggerheads with current government ministers over her opposition to the right-wing government’s attempts to overhaul the judiciary and other legislation and policies.
In January the attorney general told the High Court that Ben Gvir has “wrongfully and illegally intervened in police work” related to the right to protests.
As minister in charge of police, Ben Gvir can set policy but is not permitted to instruct police on specific enforcement, Baharav-Miara said at the time.
Ben Gvir responded by saying the attorney general “hates” him.
