Justice Minister Yariv Levin informed the High Court of Justice on Tuesday that he has failed to find a candidate accepted by the court to lead the investigation into the leak of the Sde Teiman detention facility video and the alleged obstruction of justice that followed, saying he has reached a “deadlock” under the criteria set by the justices.
In his filing, Levin asked the court to reconsider its earlier decision disqualifying retired district court judge Asher Kula from serving as judicial complaints investigator for the case, arguing that no viable alternative has emerged that satisfies both the court’s conditions and the institutional constraints surrounding the probe.
The investigation centers on former Military Advocate General Maj.-Gen. (res.) Yifat Tomer-Yerushalmi, who resigned after admitting that she authorized the leak of a video broadcast by Channel 12 showing the alleged abuse of a Palestinian detainee at the Sde Teiman detention facility. The probe examines not only the leak itself, but also suspicions of obstruction of justice and the handling of the internal inquiry that followed.
The case evolved into a constitutional dispute after concerns were raised that senior figures within the prosecution system had been involved in consultations surrounding the leak affair and could potentially be required to give testimony. Against that backdrop, the court approved an exceptional mechanism allowing the justice minister to appoint an individual to accompany the probe, while leaving prosecutorial discretion with Attorney-General Gali Baharav-Miara.
Kula, who was Levin’s first nominee for the role, was rejected by the court, which ruled that the position must be filled by a “senior public official” with relevant experience in criminal investigations or prosecution.
The justices stressed that the criteria were necessary to ensure professional independence and to prevent political influence over a sensitive criminal inquiry.
Following that ruling, Levin appointed retired district court judge Josefh Ben-Hamo. The court, however, also invalidated that appointment, holding that retired judges do not meet the definition of serving senior public officials, and reiterating that the exceptional arrangement approved in the case could not be broadened beyond the narrow conditions it had set.
A three-justice panel - composed of Supreme Court President Isaac Amit and justices Yael Willner and Khaled Kabub - held that Ben-Hamo could not legally serve in the role because he had been brought into the civil service solely for the purpose of this appointment.
In his latest submission, Levin said that despite efforts to identify a candidate who meets the court’s requirements, no acceptable option has emerged. He argued that serving civil servants with the necessary seniority and legal expertise are institutionally tied to the very bodies whose involvement in the case created the conflict the arrangement was meant to address, while sitting judges have not been made available for the role.
Levin asks court to reconsider disqualification of Kula
Levin therefore asked the court to reconsider its disqualification of Kula, warning that without such a reconsideration, the investigation framework approved by the court cannot be implemented.
He specified that Kula would begin a vacation period, during which he would lead the investigation, such that there would be no contradiction between his two posts.