Retired judge David Rosen dismissed Netanyahu's accusations against the prosecution and Shai Nitzan on "burying investigations" • "At the time, no decision was made on whether al-Qiaan was a threat."
Prime Minister Netanyahu in a statement
Photography:
Jonathan Zindel - Flash 90
This morning (Monday), the Attorney General of the State Attorney's Office, David Rosen, rejected the accusations of Prime Minister Benjamin Netanyahu against the State Attorney's Office and former State Attorney Shai Nitzan regarding the handling of the Umm al-Hiran case.
In the same incident, the late Yaakov Abu al-Qi'an was killed as a result of police gunfire. The late policeman Erez Shaul Levy was killed and two other policemen were injured as a result of the vehicle in which al-Qi'an was driving.
Following e-mail correspondence between police and the State Attorney's Office, some of which were leaked to the media, the Prime Minister issued a statement stating that senior prosecutors had determined that the deceased was a threat, without properly investigating the issue.
Netanyahu claimed to the media after leaking internal correspondence between the State Attorney's Office and the police that Nitzan stated that the deceased was a terrorist out of a conspiratorial desire to harm the USSR, with the State Attorney's Office and former Commissioner Roni Alshikh standing on one front.
All this is in contrast to the findings in the field, which were expressed by DIP by the then administration, Uri Carmel.
Prime Minister Netanyahu apologizes to the al-Qiaan family (archive) // From Facebook
In September last year, Netanyahu stated that "it turned out that senior prosecutors and the police turned him (the deceased - 11) into a terrorist to protect themselves and only to harm me ... they turned him into a terrorist just to harm me ... The state attorney says in his email that they bury investigations "They distort the truth for political reasons according to what is convenient for them."
Following this, the former Minister of Justice, Avi Nissenkorn, demanded an inquiry into this matter.
All the parties who were asked to address the complaint on this issue rejected the claim outright, and ruled that the claim was fundamentally unfounded.
The Commissioner referred to correspondence exchanged between the parties, stating that they reflected the private mindset of their writers.
"Their public exposure constitutes an invasion of privacy and has a chilling effect in a way that could impair a free, sometimes sharp and sharp professional discussion, to whiten issues on which opinions are divided," the commissioner wrote.
Al-Qi'an Family Press Conference // Archive photo: Newsenders
The Commissioner also referred to the content of the correspondence and stated that "a review of the e-mail correspondence leaked to the media, attached to all the correspondence concerning the dispute that arose between Adv. Carmel and Adv. Nitzan, clearly illuminates that this is a debate At that time.
In any case, it is absolutely clear that there is no connection between the above exchanges and the Prime Minister's cases, and in any case not to any decision regarding those cases.
These things are clearly engraved in correspondence, in which the Prime Minister and / or his files are not mentioned, even in the slightest hint.
The commissioner stressed that at the time of the exchange of email correspondence, November 2017, no decision had yet been made on whether or not al-Qayan was a threat, and that Nitzan, at the end of the day, did not determine that the deceased was a threat - as claimed by the commissioner at the time. The issue can be decided at a high level of certainty.
The commissioner stated, contrary to Netanyahu's statement that Nitzan did not claim in al-Qi'an correspondence a nuisance: .
"This position of the then State Attorney is currently on the threshold of the High Court of Justice, and therefore the Commissioner has no authority to expand and discuss at length the State Attorney's decision," he added.
The decision also criticizes the police disciplinary department, which has not taken disciplinary and command measures against police officers and medical staff despite the recommendation of the state attorney general.
DIP said that the Disciplinary Department is given discretion in the matter of implementing disciplinary recommendations that are forwarded for treatment after the filing of an investigation file, and the Disciplinary Department is not even obligated to update DIP on this matter.
"In a comprehensive investigation of the incident, in which an Israeli police officer and a citizen of the State of Israel were killed and two other police officers were injured, a factual picture emerged that the results of the incident were due to the conduct of police and commanders present in the area," the commissioner wrote.
"This factual picture takes on a serious severity in light of the alleged professional failure of some Negev SAR investigators who were involved in the investigation of the incident, and even more so, in the face of a reasonable suspicion of giving false, untrue evidence to the police and DIP."
The Commissioner emphasized that despite the decision to file the case, many findings came up and were examined by the Disciplinary Department within a command or disciplinary framework.
However, at the end of the day, no action was taken against those involved in the incident: "The state attorney is handling an incident disciplinary department, which is almost no more serious, and nothing has been done. There is no compensation and shouting. The situation described requires correction," he noted.
"DIP's decision, whether independently and certainly according to the State Attorney's directive, to transfer further treatment to the disciplinary department for the purpose of taking command and / or disciplinary measures, does not consider transferring treatment to a closed and sealed box, in which DIP has no connection and touch." count.
Former Justice Minister Avi Nissenkorn commented on Commissioner Rosen's decision: "Did Netanyahu use the tragic death of a citizen for his legal needs? Enough. Can't be. It's good that I asked for an investigation. It's good that the truth came out."
