A proposed law has been brought to the Knesset’s Constitution Committee to reform the Israeli police’s Internal Affairs Bureau (Machash). The proposal would have Machash no longer be under the authority of the State Prosecutor's Office, and instead be under the purview of the Minister of Justice and the Director-General of the Ministry of Justice, who would also be responsible for appointing the head of the bureau. The proposal also seeks to grant Machash the authority to investigate and prosecute State Prosecutors.
The Association for Civil Rights sent a legal letter to the committee chair on December 9, 2024 objecting to the proposed law. Attorneys Debbie Gild-Hayo and Nitsan Ilani argued that the purpose of the proposal is to increase political influence on Machash and undermine the independence and nonpartisanship of law enforcement. Their key arguments were:
Decisions to open criminal investigations, including investigations against police officers, must be made by an independent entity free from political influence in order to prevent Machash from being misused. The proposed law actually harms police officers suspected of committing crimes, who are entitled to an investigation that is free from political influence and operates solely in accordance with the law.
Politicizing Machash could result in police violence against civilians, especially those who criticize the government. Police crimes against government critics may not be investigated, and it sends a message to police that they have immunity when harming protesters from a particular side of the political spectrum.
The political takeover of Machash and its restructuring to become a tool for investigating prosecutors violates core democratic principles and is unconstitutional.
The legal correspondence emphasized that while Machash is in need of significant reforms, including regarding its independence, the proposed law will not improve its functioning and is likely to do damage to its professionalism and the public trust in law enforcement.
Association for Civil Rights Legal Letter, December 9, 2024 (Heb)
