High Court seeks compromise over attempts to halt State Comptroller Oct. 7 probes

Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter

A High Court of Justice hearing on the state comptroller's investigation into the failings relating to the October 7 Hamas attacks, at the Supreme Court in Jerusalem, July 17, 2024. (Chaim Goldberg/Flash90)
A High Court of Justice hearing on the state comptroller's investigation into the failings relating to the October 7 Hamas attacks, at the Supreme Court in Jerusalem, July 17, 2024. (Chaim Goldberg/Flash90)

The High Court of Justice seeks a compromise over the petitions seeking to halt the State Comptroller’s investigation into the failures of the October 7 attacks, ordering the relevant state agencies that have opposed it to evaluate which aspects of the investigation could be carried out at present.

State Comptroller Matanyahu Englman announced in December he would be conducting a wide-ranging investigation into the multi-level failures leading up to, during, and after the October 7 Hamas invasion and atrocities, including military and intelligence failures, but was strongly opposed by several government watchdog groups who expressed concern that it would interfere with the IDF’s operational capabilities and might ignore political responsibility for the devastating invasion and massacres.

Following a hearing earlier today, the High Court asks the IDF, the Shin Bet, the Mossad and other state agencies who oppose the comptroller’s investigation to see which aspects of the first part of Matanyahu’s investigation, which focuses more on civilian issues than military and intelligence concerns, can be carried out.

The court orders the respondents to update it as to their decision by July 28.

The court also tells the respondents to assess whether they view it practical for the comptroller to conduct his investigation into operational and intelligence failures, such as the decision to license the Nova Festival by Kibbutz Reim and the security arrangements for it.

The court gives the respondents until October 31 however, meaning that those aspects of the investigation will continue to be suspended regardless.

In June, the High Court ordered Englman to suspend any aspects of his investigation dealing with the IDF and the Shin Bet, and the court on Wednesday said that suspension remains in effect.

State Comptroller Matanyahu Englman at the Federation of Local Authorities conference in Tel Aviv, December 7, 2022. (Tomer Neuberg/Flash90)

The Movement for Quality Government in Israel, which is one of the primary petitioners against the investigation, welcomes the court’s decision to extend the suspension of the investigation into the military and intelligence agencies, but that the organization remained opposed to the comptroller’s investigation in general.

“Only an independent, impartial state commission of inquiry, can conduct a true investigation and provide the public with the answers it deserves,” said head of the Movement for Quality Government Attorney Eliad Shraga.

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