Israel’s High Court has struck down a controversial provision granting far-right Minister Itamar Ben-Gvir increased control over police investigations, citing risks to democratic principles.
Israel’s High Court has overturned a major provision of a contentious 2022 law that gave the National Security Minister Itamar Ben-Gvir more authority over police investigations, citing dangers to “democratic rights,” reported the Al Mayadeen channel.
However, the report added that the court affirmed on Thursday other sections of the statute that granted Ben-Gvir “additional responsibility over general police policy, as well as safeguards to protect police independence and restrict the minister’s influence on practical police activities.”
This ruling, the report continued, contributes to the developing constitutional tensions between the court and the Israeli government, as there have been several disagreements over Ben-Gvir’s attempts to influence police operations, particularly those involving anti-government protests.
‘The Ben-Gvir Law’
The Middle East Monitor (MEMO) reported that in December 2022, the Movement for Quality Government in Israel, the Association for Civil Rights in Israel (ACRI) and other rights groups submitted a petition against the amendment to the Police Ordinance (“the Ben-Gvir Law”), arguing that it gives the far-right national security minister extensive powers over the police, including powers to formulate policy regarding investigations.
Israel Supreme Court blocks law giving Ben-Gvir absolute power over police probeshttps://t.co/t7GCtSp2M6
— Middle East Monitor (@MiddleEastMnt) January 3, 2025
According to the organizations, the amendment harms the independence of the police, allows for the politicization of law enforcement, and is a fatal violation of basic democratic principles, MEMO reported.
In its response to the petition, the court unanimously rejected the clause, saying it violated the constitutional rights of suspects, and contradicted the “limitations clause” in Israel’s Basic Law: Human Dignity and Liberty, the report added, which limits the Knesset’s ability to pass laws that violate the rights enshrined in the law.
In March 2023, Al Mayadeen reported, the court restricted Ben-Gvir from intervening with police decisions, and in January 2024, it expressly prevented him from participating in protest policing.
Ben-Gvir Adamant
Ben-Gvir condemned the court’s ruling for “trampling on the will of the voter.”
“The High Court’s serious decision to strip the police ordinance of its authority was intended to strip the minister of his authority, and to try to give the Attorney General’s Office and the Attorney General control over the police,” he said on X.
בג"ץ שוב הופך את עצמו לריבון, ודורס את רצון הבוחר. ההחלטה החמורה של בג"ץ לעקר את פקודת המשטרה נועדה לעקר את השר מסמכויותיו, ולנסות להקנות לפרקליטות והיועמ"שית שליטה במשטרה. במדינה דמוקרטית מי שמתווה מדיניות למשטרה הוא השר הממונה עליה, אבל את בג"ץ זה כמובן לא מעניין.
— איתמר בן גביר (@itamarbengvir) January 2, 2025
In November last year, Israel’s Attorney-General Gali Baharav-Miara requested Prime Minister Benjamin Netanyahu to reassess “his stance” on Ben-Gvir’s role as security minister, according to the Israeli newspaper Haaretz.
The attorney-general noted, in a letter to Netanyahu, incidents included in a petition to the High Court of Justice against Ben-Gvir’s position.
She said those incidents, as well as incidents that precede it, “create a rare, severe, and ongoing pattern of law violations, breaches of duty, and harm to fundamental governance principles, alongside the politicization of police work.”
Ben-Gvir’s Party Support Declines
An Israeli poll revealed on Friday a decline in the popularity of the far-right Otzma Yehudit party, led by Ben Gvir, with the party falling below its previous polling figures, reported the Anadolu news agency.
The Price of Power: Netanyahu, Ben-Gvir, and the Far-Right Agenda – Analysis
It cited the Israeli daily Maariv as reporting that “In the wake of the turbulent political week during which Minister Itamar Ben Gvir forced Prime Minister Benjamin Netanyahu to vote in the Knesset just one day after undergoing surgery, … the Otzma Yehudit party dropped by two seats reaching its lowest point with only six seats.”
The report said that if elections were held today, Netanyahu’s bloc would secure 50 seats while the opposition bloc would hold 60 seats, and the Arab parties would garner 10 seats.
The poll results indicated that if elections were held today, the Likud party, led by Netanyahu, would receive 24 seats, while the opposition National Unity party led by Benny Gantz would get 18 seats, followed by the opposition Yisrael Beiteinu party, led by Avigdor Lieberman, with 16 seats, the report added.
No Signs of Early Elections
The poll also reportedly showed that the Yesh Atid party, led by opposition leader Yair Lapid, would win 15 seats, while the right-wing religious party Shas would secure nine seats, followed by Ben Gvir’s Otzma Yehudit party with six seats.
Lastly, the far-right Religious Zionism party, led by Finance Minister Bezalel Smotrich, would gain four seats.
In previous opinion polls, Ben Gvir’s party had been projected to receive between eight and nine seats indicating a decline in its popularity.
There are currently no signs of early elections as Netanyahu has rejected calls for them amid the ongoing war in Gaza, reported Anadolu.
The poll also reportedly suggested that if a new right-wing party were formed by former Prime Minister Naftali Bennett, it would win 26 seats. Bennett, a hardline right-wing politician, has not yet announced his decision to return to political life.
(PC, Agencies)
He thought he’d be the new prime minister. They’re all scumbags. The world will be a safer place when they’re gone. But they’ll keep raping male prisoners and little boys because they’re all queers.