The storm following the revelation of the use of the Pegasus spyware, and the discourse regarding the establishment of a commission of inquiry into the matter, raise important questions: Which commission may be set up - a state commission of inquiry, a government commission of inquiry or a parliamentary commission of inquiry - and how does each commission differ?
We'll start with a state commission of inquiry.
There are two paths to establishing a commission of inquiry of this type: one by a government decision, and the other by a decision of the State Audit Committee;
In both cases, the authority to decide on the composition of the committee is vested in the President of the Supreme Court.
A judge investigates a state commission of inquiry.
Commissions of inquiry differ from the court in that they are not satisfied with the material submitted to them, but also actively investigate.
Also, most of their members have professional knowledge of the subject under investigation.
Retired Superintendent Tziko Edri testifies at the committee to investigate the escape of prisoners from Gilboa Prison, Photo: Yehonatan Shaul
A state commission of inquiry is empowered to summon witnesses and oblige them to answer its questions, and may require state authorities or private citizens to provide it with material that may assist in interrogation.
It is not possible to use the material collected by the committee as evidence in a criminal trial, and at the end of its deliberations it must submit a report that includes findings and recommendations.
A government review committee, on the other hand, is set up according to a decision of a minister in the government, for the purpose of examining an issue that is within his area of responsibility.
The committee may be headed by any person.
In case the committee finds a suspicion of committing a criminal offense, it should inform the Attorney General.
Testimony given before such a committee will not be used as evidence in a legal proceeding, except for a criminal trial for giving the same testimony itself, and the committee report is not used as evidence in a legal proceeding.
Parliamentary Inquiry Committee to Examine Credit Arrangements for Large Borrowers, Photo: Oren Ben Hakon
And what about a parliamentary inquiry committee?
The powers of such a committee are usually the failure of one of the Knesset committees, that is, it is authorized to appoint only civil servants, government companies, corporations established by law, local authorities and religious councils.
Summoned employees must appear before the committee and provide the information in their possession, but the minister in charge or the relevant head of the body may appear on the committee in place of the person summoned.
A parliamentary inquiry committee is not allowed to issue search warrants, and the sanctions against those who do not obey it are disciplinary and not criminal.
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