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Judicial Battle: Attorney-General Challenges Police Oversight Bill

Gali Baharav-Miara calls the new Police Investigation Department law a structural threat to impartiality, citing political interference risks.

By Alexei Brooks ·

Illustration for: Judicial Battle: Attorney-General Challenges Police Oversight Bill
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Israel’s Attorney-General Gali Baharav-Miara described a new law governing police oversight as a mechanism designed to weaken independent law enforcement. Speaking at the Justice Ministry’s annual conference in Eilat on Sunday, she warned that the legislation compromises the system's ability to serve the public with neutrality.

The Police Investigation Department (PID) investigates crimes committed by police officers. The PID law, which passed in June, was sponsored by Likud member of the Knesset Moshe Saada. The statute detaches the department from the State Attorney’s Office and places it within the Justice Ministry. The PID will operate as a distinct entity with its own budget. Supporters claim this separation removes the unit from prosecutors who work closely with police daily, thereby increasing its autonomy.

Baharav-Miara disputed that view. She stated the bill is often framed as a minor administrative change but functions as a major threat to the rule of law. According to her, the legislation erodes the principles of political neutrality and equality before the law. She identified this PID bill, along with a separate law reducing the attorney-general’s power, as the two most immediate dangers to the justice system.

The legal dispute is currently active in the High Court of Justice. On September 3, the court issued an interim order suspending provisions related to the appointment of the PID director and a new coordinator. Supreme Court President Isaac Amit and Justice Dafna Barak-Erez supported the order. Deputy President Noam Sohlberg dissented.

Petitions challenging the law were filed by the Movement for Quality Government, the Academy for a Democratic Israel, and the Israel Bar Association. A full hearing on these petitions is scheduled for December 28. In her court submissions, Baharav-Miara argued that finalizing appointments during the election period created a risk of political influence. She noted that such appointments could bind the next government to specific personnel choices.

The Knesset opposed the interim relief. Lawmakers argued the appointments were reversible and that delays would prevent the restructured department from launching on time. Baharav-Miara countered that while the law began with the goal of increasing independence, it would lead to political subordination.

She warned that politicians would gain the ability to force investigations into police officers, prosecutors, and journalists. They could also obstruct probes into government corruption or individuals close to those in power. Political control over the appointment and removal of senior PID officials would reinforce this pressure, she said.

Baharav-Miara questioned whether officers and prosecutors would feel confident confronting powerful elected officials if a politically controlled unit could be turned against them. She noted this dynamic could also affect how they handle demands from the national security minister regarding anti-government demonstrations.

A separate Attorney-General Law passed in July will take effect on January 1, 2027. It allows the government to decide that the attorney-general’s legal opinions do not bind it in non-criminal matters. It also expands government control over the office’s representation in court. Baharav-Miara indicated she would address this second piece of legislation in a future forum.

The Attorney-General stated that she and State Attorney Amit Aisman will continue to fight the PID changes. She framed the issue as a matter of every citizen's right to professional and equal law enforcement. She credited Boaz Balat, head of the police's Investigations and Intelligence Division, with helping to defend the rule of law. Separately, journalist Amit Segal reported on recordings where Balat accused prosecutors of using criminal cases as leverage and prioritizing public corruption over crime in Arab communities.

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