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The decision that exposes Israeli democracy naked - Walla! news

2020-12-05T22:46:03.985Z


The judges ordered action soon to appoint a commissioner, but what should prevent the government from leaving the state without civil service officials is not an order of the High Court, but a concern for citizens


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The decision that exposes Israeli democracy in its nakedness

The judges ordered the government to act as soon as possible to appoint a commissioner, but if it had taken care of the citizens - it would have already done so itself. At the same time, the appointment of the state attorney provokes political controversy

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  • High Court

  • Commissioner of Police

  • Fellow Isman

Daniel Dolev

Friday, 04 December 2020, 19:08

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In the video: The High Court hears petitions against the government structure (Photo: GPO)

The election bomb in Amit Isman for the post of state attorney was dropped on Monday, but its shock waves were well felt throughout the week, and are likely to continue to resonate in one form or another in the coming weeks.

More than a year ago, it was written here that the two inappropriate statements in the past of the Haifa District Attorney may constitute an obstacle to his appointment, but the MK was forced to honestly admit that he underestimated the intensity of the opposition.



Since the election became known, Isman did not do anything in almost three Decades in the State Attorney's Office apart from those two unfortunate remarks. This is a big mistake - for better or worse. On the positive side, there is no shortage of people who will speak in Isman's praise, and his list of recommenders included Supreme Court justices, senior prosecutors, former GSS officials And a representative of the Bar Association. This is a rare coalition of support for those who have always served as prosecutors.



Isman's list of recommenders even included two years from Spokesman Mandelblit, Raz Nizri and Amit Merri, so .

This is when about a year ago the attorney general thought that the only person in the State Attorney's Office who could be the State Attorney's Act was the main candidate who competed with Isman - Adv. Momi Lemberger.



Mandelblit did not necessarily change his taste. Lemberger Laisman: The first represents the preservation of the existing, while the second presented to the committee a vision of changes that he believes are needed to strengthen public trust.

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Senior officials recommended, subordinates disagree: Who is the elected state attorney

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It can be assumed that Mandelblit also gave a boost to Isman's candidacy, beyond voting in the committee itself (Photo: Olivia Fitoussi, Flash 90)

The five members of the committee, including two women - Acting Director General of the Ministry of Justice, Adv. Sigal Yaakobi and Public Representative, Adv. Rachel Toren - elected Eisman.

They did not ignore his statements in the past, and these were given detailed consideration in the final decision made public.

The problem is what was not in front of them.



The Haifa attorney's list of recommenders did not include people who worked under Isman.

As reported in Walla!

NEWS, some of the people who have worked and are working under him are praising him - both as a lawyer and as a manager - while others believe that he is a tough and cross-border boss who the employees under him obey out of fear.



Such complaints from employees occupy a negligible place in the public discourse compared to, for example, complaints about sexually explicit statements from years ago.

It is important to clarify: the following does not mean that Isman is an abusive boss and it is worth remembering that quite a few of his employees described him as a humane and attentive manager.

But in general, this is an opportunity to bring up the issue of abuse at work, a serious and muted issue that most of the public is probably unaware of.

Quite a few of his employees described him as a humane and attentive manager.

Amit Isman (Photo: Ministry of Justice Spokeswoman)

The substantive considerations are thrown in favor of hand-bending between the parties

Last July, the Knesset passed a preliminary reading of a bill to prevent abuse at work.

The proposal describes seven behaviors as workplace abuse.

These include humiliation or humiliation through shouting, cursing, false accusations or spreading harmful rumors, creating unreasonable conditions for carrying out tasks, such as teasing the employee's actions, unreasonably tight control over his activities, or narrowing his powers for irrelevant reasons and more. .



Other clauses in the proposal define abuse as "subjecting a person to an atmosphere of fear and threats", attributing a person's achievements to others or attributing to a person non-his own while distorting the facts, and taking actions that "lead to professional or social isolation of the person".



Quite a few people tend to think that "a good boss must be tough," and that "he who does not stand the heat will not enter the kitchen."

These are outdated but well-rooted perceptions, and it can be assumed that many of the victims of the phenomenon across the labor market refrain from complaining because they have internalized the perception that this is an illegitimate complaint.

That the problem is with them at all.



The same perception can sometimes be found in sexual harassers, and respectively - in their victims.

"What are you whining about a bit of shouting, you saw what profits he was making," she is in the basket of everything another version of "Feminists Killed Romance," combined with "Did you see how she dresses? She ordered it."

One can only hope that the bill to prevent abuse at work will pass, and help bring about a change in public consciousness, as the Sexual Harassment Prevention Act did in 1998.



Let's go back to Isman for a moment.

Justice Minister Nissenkorn has announced that he intends to bring the appointment to government approval soon.

From the outset it was estimated that the real problem was political, as the government was currently refraining from approving senior appointments because of the dispute between the Likud and Blue and White.

This assessment has not changed.



A series of senior appointments of various ranks have been stuck for a long time, including those who have already received all the required seal of approval, except for the final signature of the government.

Like quite a few things in the State of Israel, at the end of the matter considerations are thrown out the window in favor of hand-wringing between the parties.

The hope in the Ministry of Justice environment is that the High Court will force the government to discuss the appointment of the State Attorney, and will not agree to accept his unreasonable and factual rejection.

The real problem is political, because the government is currently refraining from approving senior appointments.

Amit Isman with Justice Minister Avi Nissenkorn (Photo: Ministry of Justice spokeswoman)

Incidentally, the stuck appointments - in a hearing held last Thursday in a petition demanding the appointment of a permanent commissioner to the Israel Police, the High Court decided to step up in an attempt to combat government failure.

Instead of conditional orders reserved for the government to explain why they refrain from making appointments, the judges ordered the government to bring in a permanent commissioner to the senior appointments committee soon, after two years in which the position is unmanned.



Such an order exposes our method naked. Democracy is built on mutual respect by authorities and The rules of the game, but respect, certainly towards the court, is a foreign term to the Likud half of the Israeli government. In March, as mentioned, the former Speaker of the Knesset, Yuli Edelstein, announced that he did not intend to follow the High Court ruling that put him on the Knesset agenda. Chairman to replace him.



The fear then was that the appointment of Meir Cohen Mish Atid as chairman would allow those who were then the majority in the Knesset to enact laws that would prevent defendant Netanyahu from serving as prime minister, or at least run again in the election, which would have nullified his pressure lever. Bnei Gantz, who turned his back on the people of Yesh Atid in exchange for entering a coalition with Netanyahu. Edelstein, who violated the court's ruling, was "punished" by being a minister before.



This is actually the problem with a system based on mutual respect. His on another authority.

No minister will go to jail for not obeying an order to appoint someone in office, nor is it supposed to work that way.

What is supposed to prevent the government from leaving the State of Israel without a commissioner, a general accountant and a state attorney is not an order of the High Court, but a concern for the citizens of Israel, who need functioning public systems.

Unfortunately, this concern seems to have been abandoned.

More on Walla!

NEWS

High Court in order to the government: "Act 'at the appropriate speed' to appoint a commissioner"

To the full article

Netanyahu's trial: the son's version

On Sunday, the parties' attorneys in the Alps cases will appear in the Jerusalem District Court, including the request to cancel the indictment due to "protection from justice."

This trial, as has been written many times here, is meanwhile being conducted at a perfectly reasonable pace and with the proper determination of the three judges.

Anyone who still wants to see an example of procrastination is invited to look at the Tel Aviv Magistrate's Court, where another trial of another Netanyahu - Yair Netanyahu - has been going on for three and a half years.



These are mutual defamation lawsuits filed against each other by Netanyahu Jr. and the Moled organization.

The lawsuits were filed back in 2017, and since then Judge Hannah Klugman seems to have made every effort not to discuss the case on its own merits.

At first, Moled and Netanyahu were sent to mediation, but this did not work, according to Moled, because Netanyahu arrived at the scene, cursed at them and left.

Despite this, the judge sent the parties to mediation once again - but it did not work either.



Time and time again Judge Klugman tried to offer the parties compromise versions that were rejected one after another, until this week the first evidentiary hearing finally arrived.

At the beginning of the hearing, Adv. Yossi Cohen announced that the night before, he had been informed that Yair Netanyahu was not feeling well and would not be able to attend. Now the parties are arranging dates for further evidentiary hearings.

More on Walla!

NEWS

The State Attorney's Office opposes Netanyahu's request to cancel the indictment: "There was no defect in the proceedings"

To the full article

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Source: walla

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